Terms of Service

These Terms of Service (the “Terms”) are a contract between you and Insapio LC, a Missouri limited liability company doing business as C'mon By (“C'mon By,” “we,” “us” or “our”). They cover our website at cmonby.com, the owner dashboard, window stickers, Apple Wallet passes and the hollers they carry, and everything else we provide (together, the “Service”).

You accept these Terms when you create an account, join a business's crew, check out for a plan, or otherwise use the Service, including by adding a C'mon By pass to Apple Wallet. If you don't agree, please don't use the Service.

Our Privacy Policy explains what information we collect and how we use it.

Words we use

Business

A food truck, cart, counter or similar business set up on the Service.

Owner

The person who sets up a Business on the Service and manages it as its admin.

Crew

The people an Owner adds to a Business.

Rig

A truck, cart, counter or other place a Business serves from.

Follower

Anyone who adds a Business's pass to Apple Wallet.

Holler

The update a Follower's pass gets when a Business's live Rig is about 5 minutes from the Follower's saved spot.

You

Whoever is using the Service. If you're using it for a Business, “you” includes that Business.

Accounts are for businesses. To create an account or join a crew, you must be at least 18, able to enter a binding contract, and using the Service for a business, not for personal, family or household purposes.

If you accept these Terms for a Business, you promise that you're authorized to, and the Business is bound by them.

Followers must be at least 13. If you're under 18, you need a parent's or guardian's permission to follow a Business.

You can't use the Service if we've shut off your access before, or if the law doesn't allow you to.

Accounts are run by our sign-in provider, Clerk. Everyone signs in with their own account, so don't share yours. Give us accurate information and keep it up to date.

The Owner manages a Business's details, plan, billing and crew. On plans that include crew, the Owner can invite crew up to that plan's limit (today, five people per Business, counting the Owner). Crew use the Service on the Business's behalf. An Owner can run more than one Business, and each has its own plan and billing.

The Business is responsible for everything done through its account, including by its crew, and for making sure its crew follow these Terms. The Owner decides who's on the crew and should remove anyone who shouldn't have access anymore.

Keep your sign-in secure. If you think someone has gotten into your account, tell us right away at boss@cmonby.com.

C'mon By lets a Business tell the folks who follow it when it's close. Followers scan the Business's window sticker and add its pass to Apple Wallet. When the Owner or a crew member goes live from the dashboard on their phone, the phone sends us its location as the Rig's location for as long as they stay live. When the Rig is about 5 minutes from a Follower's saved spot, the pass updates and the Follower gets a holler on their lock screen. One tap on the pass tells the Business they're coming. Depending on the Business's plan, the Follower gets a number to show at the window, with the Business's promo if it's running one, and the Business can see who's coming and serve them by number.

Hollers go out only while a Rig is live, and only to Followers with the pass in Apple Wallet and a saved spot. A Follower gets at most one holler per live session, none within 3 hours of their last holler from the same Business (whichever Rig it came from), and none in their first 15 minutes after following. A Follower can say they're coming for 30 minutes after a holler, and a number stays good for 1 hour.

A live session needs the phone that started it to keep the Go live page open with the screen on. It ends when it's stopped, after 10 minutes without a location from the phone, or after 12 hours. While the phone's location is too rough to trust, hollers wait.

What each plan includes is shown on our pricing page and in Business settings. Features marked “coming soon” aren't part of any plan until we release them.

Estimates, not guarantees

ETAs like “about 5 minutes,” distances and locations are estimates. An ETA is the straight-line distance from the location a live phone last sent to the spot a Follower saved (which we store rounded to about 100 meters), at an assumed speed of 9 km/h (5.6 mph). It doesn't account for roads, routes, traffic or stops. Whether and when a holler or pass update arrives depends on things we don't control, including the Rig's and the Follower's phones and their settings, GPS and cell signal, internet connections, Apple Wallet and the Apple Push Notification service (APNs). A holler may come early, late, or not at all. Don't rely on the Service when timing really matters, or for anyone's safety.

Apple Wallet

Passes work with Apple Wallet on Apple devices that support it. Other wallet apps aren't supported.

Changes and availability

We're always working on the Service and may add, change or remove features. If a change would significantly cut what your paid plan includes, we'll tell you ahead of time, unless we have to move faster for security or legal reasons. We work to keep the Service running, but it may be unavailable at times, for maintenance or for reasons outside our control.

Following is free. There's no account, no app and no phone number, and Followers never pay C'mon By a thing.

To follow a Business, scan its sticker, which opens its follow page (a cmonby.com/f/ address), and add its pass to Apple Wallet. Choose the spot where you'd like to hear from the Business: where you are, where its Rig is parked (when the page offers that), or later, from “Your spot” on the back of the pass. No spot, no hollers.

When a holler comes, the pass shows a button for saying you're coming. Apple decides how that button looks: Apple Wallet currently labels it “Order Delivery or Pickup,” which we can't change, so the pass says “Tap Order below.” On C'mon By, that button, like the “Tell them you're coming” link on the back of the pass, only tells the Business you're on the way. It doesn't place an order, arrange a delivery or pickup, or take a payment. Our Privacy Policy explains what we store and what the Business sees.

Promos are offered by the Business, not by C'mon By. The Business sets their terms and is responsible for honoring them. A number to show at the window has no cash value, can't be sold or transferred, and is good only at the Business that issued it, for a limited time.

Use your pass only to follow the Business. Don't tamper with passes, numbers or links, and don't tell a Business you're coming unless you mean it.

You can stop any time. Tap “Stop and delete my spot” on the back of the pass, or remove the pass from Apple Wallet, and we delete your spot right away. The hollers stop too.

Plans

There's a free plan and there are paid plans. Their names, prices and what each includes are shown on our pricing page and at checkout. A plan belongs to a Business, not to a person, and only the Owner can change it. Followers never pay.

Payment

Paid plans are billed in advance, monthly or yearly, in the currency shown at checkout. Payments run through Clerk Billing and are processed by Stripe. Your card details go to them and never reach us. You authorize us, through them, to charge your payment method for your plan, each renewal and any applicable taxes.

Automatic renewal

Paid plans renew automatically at the end of each billing period, for another period of the same length, at the price then in effect, until you cancel. You're charged at the start of each new period.

Changing or cancelling

You can change or cancel your plan yourself, any time, in Business settings under Billing. No phone call needed. Moving to a higher plan takes effect right away, and you pay what checkout shows. Moving to a lower plan takes effect when your current billing period ends.

Cancelling takes effect at the end of your current billing period. You keep your paid plan until then, and you won't be charged again.

Refunds

Payments aren't refundable. We don't give refunds or credits for partial billing periods, unused time or moving to a lower plan, except where the law requires it.

Price changes

We may change our prices. If a change affects your plan, we'll tell the Owner by email at least 30 days before it applies, and it applies from your first renewal after that. If you don't want to pay the new price, cancel before that renewal.

Taxes

Prices don't include taxes unless checkout says they do. You're responsible for any sales, use, value-added or similar taxes on your purchases, other than taxes on our income.

Failed payments

If a payment fails, we or our payment providers may try it again. Until it's paid, your plan may show as past due, and we may limit your paid features, move your Business to the free plan or suspend your account.

Free trials

If a paid plan comes with a free trial, checkout shows its terms. Unless you cancel before the trial ends, the paid plan starts when it does and renews as described above.

The free plan

The free plan costs nothing. We may change what it includes, put limits on it or stop offering it, with reasonable notice to the Businesses on it.

You're responsible for your Business and for how you and your crew use the Service. In particular:

• Accurate information. Keep your Business's name, details and promos accurate and current.
• Going live. Go live only from a phone that's riding with your Rig, while the Rig is really out or on its way, so the hollers your Followers get are true.
• Lawful promos you honor. Any promo you run must be lawful and truthful, and you must honor it as offered, including for anyone who shows a valid number. Its terms, and any taxes or rules that come with it, are yours.
• Permits and food safety. Licenses, permits, health and food-safety rules, vending, parking and zoning rules, taxes and everything else that comes with running your Business are your responsibility. We don't check them.
• Safe driving. Go live before you pull out, and don't handle your phone while you're driving or in any way that breaks traffic laws or puts anyone at risk.
• Your crew. You're responsible for what your crew does with the Service, as if you'd done it yourself. Make sure crew who go live know their phone's location is shared while they're live.
• Your customers. Your dealings with your customers and Followers, including food, orders, payments, refunds, quality, allergens, safety and service, are between you and them. C'mon By isn't a party to them.
• Follower information. Use what the Service shows you about Followers only to serve them through the Service. Don't try to work out who they are or where they live, and don't copy, sell or share it.
• Stickers. Put C'mon By stickers only on your own Rig or window, or where you have permission.

Don't use the Service, or help anyone else use it, to:

• break the law or violate anyone's rights, including privacy, publicity and intellectual property rights;
• send hollers, promos or other content that's false, misleading, harassing, hateful or sexually explicit;
• track, locate, identify or contact Followers outside the Service, or keep tabs on anyone;
• pretend to be another person or business, or misstate your connection to C'mon By;
• promote or sell anything illegal, or anything you're not licensed to sell;
• copy, resell, rent or sublicense the Service, or use it to build a competing product;
• reverse engineer the Service (except where the law allows it despite this limit), or get around its security, plan limits or crew limits;
• scrape, overload or interfere with the Service, including with bots or automated requests we haven't approved;
• upload malware or anything else meant to harm devices, data or the Service; or
• probe or test the Service's security without our written permission.

We may investigate suspected violations, remove content, and limit or end access as described in Suspension and termination.

“Your content” is what you and your crew put into the Service, like your Business's name and details, logo and promo text. You keep ownership of it.

You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, adapt (for example, to fit a pass or a sticker), display and distribute your content, only as needed to run, secure and support the Service for you. That includes showing your name and promos on your Followers' passes and hollers, and putting your name on your window sticker. The license lasts while your content is in the Service. It ends when your content is deleted, except for copies that remain in backups for a limited time, copies we must keep by law, and what Followers' passes already show.

You're responsible for your content. You promise that you have the rights to it, including any logo or name you use, and that it doesn't break the law or these Terms. We don't review everything, but we may remove content that breaks these Terms.

C'mon By, our logos, the sticker artwork and design, the look of our passes and hollers, and the Service itself, including its software, text and design, belong to us or our licensors and are protected by law. These Terms don't give you any rights in them except the license below.

While your Business is in good standing, we give it a limited, non-exclusive, non-transferable, revocable license to display our name, logos and sticker artwork only to let people know they can follow you through C'mon By: on your window sticker, your Rig, your counter and menu, and your own signs and posts. Use the files we provide, like the ones in our brand kit, as they are. Don't change them, combine them with your own marks, or use them in a way that suggests we endorse your Business or anything you sell.

When your account closes, or if we ask, stop using our marks and take our stickers down within a reasonable time.

The Service runs on other companies' services, including:

• Apple: Apple Wallet and the Apple Push Notification service, which carry passes and hollers to Followers' phones;
• Stripe: payment processing;
• Clerk: accounts, sign-in and subscription billing;
• Vercel: hosting; and
• Neon: our database, which we use through Vercel.

If you sign in with Apple, Facebook or Google, that company's terms also apply to how you sign in. Their services come with their own terms and privacy policies, and we don't control them. We're not responsible for their services, outages or changes. Apple isn't a party to these Terms and isn't responsible for the Service.

We like hearing how to make C'mon By better. If you send us ideas or suggestions, we may use them for any purpose without owing you anything.

You can leave any time

Owners can cancel a paid plan in Business settings, and can delete a Business there or ask us to. Cancel any paid plan before you delete a Business, so it doesn't renew. Crew can leave a Business any time. Followers can stop any time with “Stop and delete my spot” on the back of the pass, or by removing the pass from Apple Wallet.

When we can suspend or close an account

We may suspend or end your access to all or part of the Service, or close an account, if you break these Terms, don't pay what you owe, or use the Service in a way that puts Followers, other users, the public or us at risk; if the law requires it; or if we stop offering the Service. We'll give notice when it's reasonable to. If we stop offering the Service, or close your account for a reason other than your breaking these Terms, we'll refund the unused part of any period you've paid for.

What happens next

When access ends, your right to use the Service ends, your Business's passes stop updating and its Followers stop getting hollers. We handle your information as our Privacy Policy describes. Anything in these Terms that by its nature should outlast them does, including what you owe us, our ownership of the Service and our marks, the Disclaimer and limitation of liability, Indemnification, Governing law and disputes and General terms.

This section applies to Businesses, not to Followers. Your Business will defend, indemnify and hold harmless C'mon By, its affiliates, and their owners, officers, employees and agents from and against any claim, demand or proceeding brought by a third party, and the resulting losses, damages, liabilities, fines, costs and expenses (including reasonable attorneys' fees), arising out of or relating to:

1. your Business, including its food and other goods or services, its promos and permits, and its dealings with customers and Followers;
2. your content;
3. your or your crew's use of the Service; or
4. your or your crew's breach of these Terms, or violation of any law or anyone's rights.

We'll tell you promptly about any such claim, let you control its defense, and cooperate reasonably at your expense. A delay in telling you doesn't relieve you of these obligations, except to the extent it harms your defense. We may take part in the defense with our own lawyer at our own cost. You may not settle a claim in a way that admits fault for us or puts obligations on us without our written consent.

Talk to us first

Most problems can be sorted out with an email. Before either of us files a claim, the one with the complaint will send the other a written notice describing it and what they're asking for (ours to you go to the Owner's email address; yours to us go to boss@cmonby.com). We each agree to try in good faith to resolve it informally for at least 30 days after the notice arrives.

Governing law

These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Missouri, without regard to its conflict-of-laws rules.

Where disputes are heard

Disputes are decided in court, not by arbitration. Any lawsuit arising out of or relating to these Terms or the Service must be brought only in the Circuit Court of the City of St. Louis, Missouri, or the United States District Court for the Eastern District of Missouri. You and we consent to the personal jurisdiction of those courts, agree that venue there is proper and exclusive, and waive any objection to it.

Either of us may instead bring a claim in any small claims court that has jurisdiction, if the claim qualifies.

We may update these Terms. When we do, we'll post the new version here and change the effective date at the top.

If a change is material, we'll give at least 30 days' notice before it takes effect, by email to Owners and by a notice on this page. Changes we have to make for legal reasons may take effect sooner.

If you keep using the Service after a change takes effect, you accept the updated Terms. If you don't agree, stop using the Service and cancel before then. Changes don't apply to disputes that arose before they took effect.

• Entire agreement. These Terms, together with the policies they refer to (like our Privacy Policy) and anything you agree to at checkout, are the whole agreement between you and us about the Service, and they replace any earlier agreements about it.
• Severability. If a court finds part of these Terms unenforceable, that part will be enforced as far as it can be, and the rest stays in effect.
• Assignment. You can't transfer these Terms or your account without our written consent. We may transfer them, for example as part of a merger, acquisition or sale of assets. These Terms bind and benefit each side's permitted successors.
• Force majeure. Neither of us is responsible for a delay or failure to perform (other than paying money owed) caused by events beyond reasonable control, such as natural disasters, severe weather, fire, flood, war, terrorism, civil unrest, labor disputes, government action, epidemics, power or internet outages, or outages at the services we rely on, like Apple, Stripe, Clerk or Vercel.
• No waiver. If we don't enforce part of these Terms right away, we can still enforce it later. A waiver only counts if it's in writing.
• Notices. We may send you notices by email to the address on your account (for a Business, the Owner's) or through the Service. Send notices to us at boss@cmonby.com, and send formal legal notices by mail to Insapio LC, 3982 Flad Ave, St. Louis, MO 63110. Email notices take effect when sent, and mailed notices when received.
• Electronic communications. You agree that agreements, notices and other communications we provide electronically satisfy any legal requirement that they be in writing.
• Relationship. We're independent contractors. These Terms don't create a partnership, joint venture, employment or agency relationship.
• No third-party beneficiaries. These Terms don't give rights to anyone else, except the people the Disclaimer and limitation of liability and Indemnification sections protect.
• Interpretation. Headings and “The short version” are for convenience and aren't part of these Terms. “Including” means “including without limitation.”

Questions about these Terms? Get in touch: