SoPoong Terms of Service

These Terms of Service (“Terms”) govern your access to eatsopoong.com (the “Website”) and your purchase or use of food, catering, preorder, pickup, delivery, pop-up, event, and related services provided by SoPoong (“SoPoong,” “we,” “us,” or “our”), collectively called the “Services.”

By accessing the Website, submitting an inquiry, approving a proposal, or placing an order, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Website or Services.

1. Eligibility and Authority

You must be at least 18 years old and legally capable of entering a binding contract to place an order or contract for catering services.

If you act for a business, organization, event host, or another person, you represent that you have authority to bind that party to these Terms and any accepted quote, proposal, invoice, or catering agreement.

2. Orders and Availability

All orders, preorders, catering requests, menu selections, dates, staffing, rentals, delivery requests, and event services are subject to availability and confirmation by SoPoong.

Submitting an inquiry does not reserve a date or create an obligation for SoPoong to provide services. An event date is reserved only after we provide confirmation and receive any required signed agreement, deposit, or payment.

We may decline or cancel a request because of capacity, ingredient availability, safety concerns, delivery limitations, inaccurate information, suspected fraud, or another reasonable business reason. If we cancel after accepting payment, we will provide the refund or credit required by the applicable agreement and law.

3. Quotes, Pricing, Taxes, and Fees

Website prices and menu descriptions may change without notice. Unless a quote states otherwise:

• Prices are in U.S. dollars;
• Taxes, delivery, setup, staffing, rentals, gratuities, venue fees, and other charges may be additional;
• A quote applies only to the event details, menu, quantities, location, and date identified in that quote; and
• A quote expires on the date stated in it or, if no expiration date is given, after 14 days.

We may correct typographical, pricing, or calculation errors before an order is fulfilled. If a correction materially increases the price of an already accepted consumer order, we will provide an opportunity to accept the corrected price or cancel the affected order.

4. Payments and Deposits

We may require a deposit, partial payment, full payment, or valid payment method before confirming or beginning an order or event.

You authorize SoPoong and its payment processors to charge the amounts shown in an approved order, invoice, proposal, or agreement. You represent that you are authorized to use the payment method provided.

Deposits may be nonrefundable because they reserve production capacity, staff, inventory, and an event date. Any nonrefundable deposit will be identified before payment or in the applicable catering agreement.

Amounts not paid when due may result in suspension or cancellation of Services. To the extent permitted by law and disclosed in the applicable agreement, overdue business invoices may incur reasonable collection costs or late charges.

5. Cancellations, Refunds, and Changes

The Refund and Cancellation Policy posted on the Website and any event-specific agreement govern cancellations, refunds, guest-count changes, and rescheduling.

Unless a different written agreement applies:

• 14 or more days before an event: Payments other than a stated nonrefundable deposit may be eligible for a refund.
• 7–13 days before an event: Fifty percent of the total event balance may be nonrefundable.
• Less than 7 days before an event: The full event balance may be nonrefundable due to food preparation, staffing, and purchasing commitments.

Final guest counts are generally due seven days before an event. Increases are subject to availability. Decreases after the final confirmation may not reduce the invoice.

Custom menu items, specialty ingredients, rentals, and third-party costs may become nonrefundable once ordered or committed.

For an issue with a completed food order, contact hello@eatsopoong.com within 24 hours and include the order information and a description of the issue. We will review the matter and provide an appropriate remedy where warranted.

These provisions do not limit any nonwaivable consumer rights.

6. Catering Agreements and Order of Precedence

A catering proposal, event order, invoice, or other written agreement may include additional or different terms. If documents conflict, the following order generally applies:

1. A signed or expressly accepted catering or event agreement;
2. The applicable accepted proposal, event order, or invoice;
3. The Refund and Cancellation Policy;
4. These Terms; and
5. General Website content.

The more specific term controls only for the subject it addresses.

7. Client and Event Responsibilities

You are responsible for:

• Providing complete and accurate event, contact, venue, delivery, and guest information;
• Obtaining venue access, parking, loading, permits, permissions, power, water, tables, or facilities that the agreement assigns to you;
• Informing us of deadlines, security rules, building requirements, and venue restrictions;
• Providing a safe and lawful work environment for our personnel;
• Confirming guest counts and menu selections on time;
• Identifying known dietary restrictions and allergies;
• Ensuring an authorized representative is available to accept delivery or approve event decisions; and
• Paying additional approved or contractually authorized charges caused by changes, delays, inaccurate information, restricted access, or added services.

We are not responsible for losses caused by inaccurate or incomplete information supplied by you or persons acting on your behalf.

8. Food Allergies and Dietary Requests

Our food may contain or come into contact with common allergens, including peanuts, tree nuts, sesame, soy, wheat or gluten, eggs, milk, fish, and shellfish. Ingredients may also be prepared in shared kitchens or using shared equipment.

We will make reasonable efforts to address disclosed dietary requests, but we do not represent that any kitchen, preparation area, product, or delivery environment is free from allergens or cross-contact.

Menu descriptions may not list every ingredient. Contact us before ordering if an allergy or dietary restriction could affect health or safety.

You are responsible for communicating relevant allergy information to guests and deciding whether our food is appropriate for them. Nothing in this section excludes liability that cannot lawfully be excluded.

9. Food Handling and Leftovers

For safety and quality, food should be served, refrigerated, stored, and consumed according to instructions provided by SoPoong and applicable food-safety guidance.

Risk associated with food may increase after delivery, pickup, service completion, extended display, improper temperature control, customer handling, or storage outside our control. SoPoong is not responsible for deterioration or contamination caused after control of the food has transferred to the customer, venue, delivery recipient, or another third party.

10. Pickup, Delivery, and Setup

Pickup, arrival, and delivery times are estimates unless a written agreement expressly guarantees a time.

Delays may result from traffic, weather, road closures, building access, venue restrictions, third-party delivery providers, emergencies, or other circumstances outside our reasonable control.

You must provide accurate delivery information and ensure that a person authorized to receive the order is present. An order may be considered delivered when left with the recipient, venue representative, concierge, reception desk, or at another location you authorized.

Additional waiting, redelivery, parking, toll, access, or setup charges may apply when disclosed or reasonably caused by customer-provided instructions or conditions.

11. Menu, Images, and Product Information

We try to present menu descriptions, ingredients, portion estimates, pricing, availability, and photographs accurately. Actual appearance, ingredients, presentation, size, and packaging may vary because our food is handmade and may depend on seasonal or supplier availability.

Serving estimates are approximate and depend on guest appetite, service format, and other menu selections.

We may make reasonable ingredient or presentation substitutions. We will seek approval before a substitution that materially affects a disclosed dietary restriction or the essential nature of a custom order when reasonably possible.

12. Acceptable Website Use

You may use the Website only for lawful personal or business purposes related to evaluating or purchasing our Services.

You may not:

• Interfere with Website operation or security;
• Attempt unauthorized access to systems, accounts, or information;
• Introduce malware or harmful code;
• Scrape, harvest, or copy Website content using automated means without permission;
• Submit false, fraudulent, abusive, or unlawful information;
• Impersonate another person or misrepresent your authority;
• Use Website content to create a misleading endorsement or competing copy; or
• Violate intellectual-property, privacy, publicity, or other rights.

We may restrict access when reasonably necessary to protect the Website, SoPoong, our customers, or others.

13. Intellectual Property

The Website and its text, graphics, photographs, menu content, branding, logos, designs, videos, and other materials are owned by or licensed to SoPoong and are protected by applicable intellectual-property laws.

We grant you a limited, revocable, nonexclusive, nontransferable license to access the Website for lawful personal or internal business use. No ownership rights are transferred.

You may not reproduce, publish, sell, modify, distribute, or commercially exploit protected Website materials without prior written permission, except as permitted by law.

14. Feedback and Customer-Provided Content

If you voluntarily submit feedback, suggestions, reviews, photographs, or other content, you represent that you have the right to provide it and that it does not violate another person’s rights.

You grant SoPoong a nonexclusive, worldwide, royalty-free license to use feedback and suggestions to operate and improve our business.

We will not use an identifiable private-event photograph for public advertising solely because it was provided for event coordination. Any public marketing use will be subject to the permission or release required by applicable law.

15. Privacy, Cookies, and Electronic Communications

Our collection and use of personal information are governed by the SoPoong Privacy Policy.

The Website may use cookies, analytics, security tools, embedded services, and similar technologies. Where legally required, we will request consent before activating nonessential technologies.

SoPoong does not authorize unlawful interception or recording of confidential communications. Where prior consent is required under the California Invasion of Privacy Act or another law, we will request that consent before using session-replay, chat-recording, call-recording, or similar technology.

16. Electronic Notices and Signatures

You consent to receive transactional communications electronically at the email address or telephone number you provide. These may include quotes, confirmations, invoices, payment receipts, delivery updates, policy notices, and event communications.

Electronic acceptance, including clicking an acceptance button, approving an email proposal, signing electronically, or paying an invoice that incorporates an agreement, may constitute a binding signature where permitted by law.

17. Third-Party Services and Links

The Website or Services may connect to payment processors, delivery providers, social-media platforms, maps, venues, rental companies, or other third parties.

Independent third parties control their own services and terms. SoPoong is not responsible for third-party websites or services except to the extent responsibility cannot lawfully be excluded or the third party acts under SoPoong’s direction.

18. Disclaimer of Warranties

To the fullest extent permitted by law, the Website and Services are provided “as is” and “as available.” SoPoong disclaims implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.

We do not guarantee that the Website will always be uninterrupted, error-free, or completely secure, or that every menu item, date, delivery area, or service will remain available.

19. Limitation of Liability

To the fullest extent permitted by law, SoPoong and its owners, personnel, and agents will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost opportunities, or reputational harm, arising from the Website or Services.

To the fullest extent permitted by law, SoPoong’s aggregate liability arising from a particular order or event will not exceed the amount actually paid to SoPoong for that order or event.

These limitations do not apply to fraud, willful misconduct, gross negligence where it cannot be limited, personal injury caused by actionable negligence, violation of nonwaivable privacy rights, or another liability that cannot legally be excluded or limited.

20. Indemnification

To the extent permitted by law, you agree to indemnify and hold SoPoong harmless from third-party claims, damages, and reasonable costs arising from:

• Your unlawful use of the Website or Services;
• Your violation of these Terms;
• Inaccurate event, delivery, venue, allergy, or authorization information you provide;
• Your handling, storage, or service of food after control transfers to you; or
• Content you submit that violates another person’s rights.

21. Force Majeure

SoPoong is not responsible for delay, interruption, or nonperformance caused by circumstances beyond its reasonable control, including severe weather, wildfire, natural disaster, epidemic, government order, utility or transportation failure, road closure, labor disruption, venue closure, supplier failure, or public emergency.

When reasonably possible, we will communicate promptly and work in good faith toward rescheduling, substitution, credit, or another practical solution. Refunds or credits remain subject to the applicable agreement and nonwaivable law.

22. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Unless applicable consumer law requires otherwise, legal proceedings arising from these Terms or the Services must be brought in a state or federal court with jurisdiction in Marin County, California.

23. Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted with a revised “Last Updated” date.

Changes apply prospectively and will not materially alter an already accepted catering agreement unless the parties agree or the change is required by law.

24. Severability and Waiver

If a provision of these Terms is found unenforceable, it will be modified only to the minimum extent necessary or severed, and the remaining provisions will continue in effect.

Failure to enforce a provision is not a waiver of the right to enforce it later.

25. Entire Agreement

These Terms, the Privacy Policy, the Refund and Cancellation Policy, and any accepted proposal, order, invoice, or catering agreement constitute the agreement between you and SoPoong concerning the applicable Website use, order, or Services.

26. Contact

Questions about these Terms may be sent to:

SoPoong
85 Liberty Ship Way, Suite 109
Sausalito, California 94965
Email: hello@eatsopoong.com
Website: https://eatsopoong.com