These Restaurant Partner Terms (the "Partner Terms") are an agreement between Tu Sabor ("Tu Sabor", "we") and the business that operates the restaurant listed on Tu Sabor (the "Restaurant", "you"). The owner who accepts them confirms they have authority to bind the Restaurant.
1. The service
Tu Sabor lets customers order food from the Restaurant for pickup or delivery, takes payment for those orders, and provides tools to manage the menu, orders, staff and deliveries. The Restaurant is the seller of the food; Tu Sabor operates the marketplace and processes payments through Stripe.
2. Fees
Commission.For each paid order, Tu Sabor keeps a commission on the Restaurant's food sales at the rate and cap shown in the Restaurant's dashboard when the order is placed. We will give at least 30 days' notice before raising the rate or cap.
Service fee.Customers pay Tu Sabor a separate service fee shown at checkout. It belongs to Tu Sabor and is not part of the Restaurant's sales.
Delivery fee. The delivery fee the Restaurant sets is paid to the Restaurant with its food sales.
3. Payments and payouts
Payments are collected by Stripe and paid out to the Restaurant's connected Stripe account: food sales after coupons, plus delivery fees, minus the commission. Payout timing follows the Stripe payout schedule on the Restaurant's account. The Restaurant must keep its Stripe account in good standing and its business details accurate.
4. Sales tax
Tu Sabor calculates, collects and pays to the state the sales tax on every order placed through Tu Sabor, including tax on food, delivery fees and service fees. In New Jersey Tu Sabor does this as a marketplace facilitator. In New York the Restaurant appoints Tu Sabor to do it under these Partner Terms, and Tu Sabor accepts that responsibility.
The Restaurant must not collect or pay sales tax again on orders placed through Tu Sabor, and should report those sales on its own returns as its accountant advises. Tu Sabor provides a monthly statement of the tax it collected and paid for the Restaurant. Sales tax is never part of a payout.
Tu Sabor only operates where it is registered to collect sales tax, currently New York and New Jersey. The Restaurant's address and ZIP code must be accurate. Tu Sabor charges the standard sales tax rate for each order's location and does not apply reduced rates, such as an Urban Enterprise Zone rate.
5. Tips
Tips are voluntary amounts customers give to whoever delivered their order. Customers can tip in the app only on deliveries made by Tu Sabor couriers, and those tips go to the courier. Tu Sabor does not collect tips for deliveries made by the Restaurant's own staff. Tips Tu Sabor collected for staff deliveries before these Partner Terms took effect were paid into the Restaurant's account, and the Restaurant must pay each of them in full to the staff member who delivered the order. Tips are not sales and are not taxed.
6. Refunds, cancellations and chargebacks
The Restaurant may refund or cancel orders from its dashboard. Customers may cancel within the short window shown in the app before preparation starts. When an order is refunded, the matching share of the Restaurant's payout is reversed.
If a customer disputes a payment with their bank and the dispute is lost because of something the Restaurant controls (for example, missing or wrong items, food not prepared, or a Restaurant-cancelled order), Tu Sabor may recover the disputed food sales and delivery fee from the Restaurant, including by reversing transfers or deducting from future payouts. Tu Sabor will share the dispute details and let the Restaurant provide evidence before the response is due.
7. Menu, food and compliance
The Restaurant is responsible for its menu, prices, item availability, allergen information and the food it sells, and must hold every license and permit its business requires. Prices on Tu Sabor should match what customers would reasonably expect for the same items. The Restaurant must follow food safety and labor laws, including for any staff who make deliveries.
8. Deliveries
Deliveries are made by independent couriers using Tu Sabor or by the Restaurant's own staff. When staff deliver, the Restaurant is responsible for them, including their conduct, vehicles and insurance.
9. Customer data
Customer information shared with the Restaurant may be used only to prepare, deliver and support the customer's orders, and must be protected and handled under applicable privacy law and the Tu Sabor privacy policy. The Restaurant may not use it for unrelated marketing.
10. Term and termination
These Partner Terms last while the Restaurant uses Tu Sabor. Either party may end them with 30 days' written notice, or immediately for a material breach. Amounts owed, sales tax obligations for past orders, and sections 4, 6, 9, 11 and 12 survive termination.
11. Liability and indemnity
Each party is responsible for its own acts and those of its staff. The Restaurant will defend and indemnify Tu Sabor against claims arising from the food it sells, its staff, and its breach of these Partner Terms. Tu Sabor will defend and indemnify the Restaurant against claims arising from Tu Sabor's failure to collect or pay sales tax as described in section 4. Except for these indemnities and amounts owed, neither party is liable for indirect or consequential damages, and each party's total liability is limited to the commission and fees Tu Sabor earned from the Restaurant in the three months before the claim.
12. Changes to these terms
Tu Sabor may update these Partner Terms by publishing a new version. Material changes (fees, tax, refunds or liability) will be shown to the owner in the dashboard at least 30 days before the Restaurant must accept them to keep taking orders. Every version stays published at its own address.
13. General
These Partner Terms are governed by the laws of the State of New York. They are the whole agreement on this subject and replace any earlier one. If any part is unenforceable, the rest remains in effect. They are offered in English and Spanish; if the two versions differ, the English version controls.