1. Who we are
These Terms of Service ("Terms") are an agreement between you and Weird Hunt, Inc., a Delaware corporation that operates the Surf ordering service ("Surf," "we," "us"). They govern your use of the Surf mobile app, website, and ordering services (together, the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy.
2. What Surf is — and the relationship you create with us
Agency appointment. When you use the Service, you appoint Surf as your limited agent for the sole purpose of placing food and beverage orders that you approve, with the merchants you choose, at the prices shown to you before you confirm. Each order is your order: it is placed in your name, using contact information that reaches you, containing exactly the items you approved. We act only on your instructions and only after your explicit confirmation of the final cart and total.
Independence. Surf is an independent ordering service. We are not affiliated with, endorsed by, or sponsored by any restaurant or merchant unless a merchant page is explicitly marked as a claimed, verified merchant profile. Restaurant names appearing in the Service are used only to truthfully identify the merchants you can order from; all trademarks belong to their owners.
We are not the seller of food. The restaurant prepares, sells, and is responsible for your food, its quality, its safety, and its allergens. Surf provides ordering services only. We never take possession of your food. If your order is delivered, delivery is performed by the restaurant or its courier — not by Surf.
3. Prices, fees, and what you pay
- No markups. Item prices are the restaurant's own prices, fetched live from the restaurant's ordering channel at the time you order.
- The Surf fee. $1.00 on orders under $10.00; 10% of the pre-tax order subtotal at $10.00 and above. The fee is displayed as its own labeled line before you confirm, on your payment screen, and on your receipt.
- The total you see is the total you pay. The amount shown at confirmation — items, tax, any restaurant delivery charges, tip you choose, and the Surf fee — is the amount charged. If a restaurant price changes between building your cart and placing your order, we'll ask you to re-confirm before charging you.
- Payment. You pay Surf; Surf pays the restaurant. Payments are processed by Stripe. We never see or store your full card number.
4. Order confirmation and our accuracy promise
We confirm an order to you only after our systems verify — through multiple independent signals, including the restaurant's own order confirmation — that the restaurant received the order you approved. We keep evidence of what was ordered (such as order confirmation numbers and records of the checkout) so that if anything is disputed, there is a factual record.
5. Refunds and when things go wrong
- Ordering problems are ours. If Surf places an order incorrectly — wrong items, wrong location, an order that never reached the restaurant — contact support@orderwithsurf.com and we will refund the Surf fee and work to make the order whole, up to a full refund of the order.
- Food problems are the restaurant's. Food quality, preparation, allergens, and in-restaurant experience are the restaurant's responsibility. We'll help you find the right contact, but we can't remake a burrito.
- Failed orders are never charged. If we can't verifiably place your order, you aren't charged for it.
6. Your responsibilities
- Provide accurate information (name, contact, payment) — your orders are placed under your identity.
- Only place orders you intend to pay for and pick up (or receive).
- You must be at least 16 to use the Service and at least 18 (or have a parent/guardian's permission) to place paid orders.
- No age-restricted products. The Service does not order alcohol or other age-restricted items, and you agree not to attempt to obtain them through the Service.
- Don't misuse the Service: no fraudulent orders, no interference with our systems, no use of the Service to harass merchants or their staff, no reselling of the Service without our agreement.
7. Allergens and dietary information
You can tell Surf about dietary preferences and allergies, and we'll use that information to help you order. But menu data comes from restaurants and can change or be incomplete, and restaurants control their own kitchens. We cannot guarantee any item is free of any allergen. If you have a severe allergy, confirm directly with the restaurant before eating.
8. Text messages (SMS)
By creating a Surf account and providing your mobile number, you consent to receive recurring service (transactional) text messages from Surf at that number, including order confirmations, order status and pickup-ready updates, cancellation notices, and one-time sign-in and verification codes. Consenting to these messages is not a condition of any purchase.
- Message frequency varies based on your orders and account activity.
- Message and data rates may apply, according to your mobile carrier's plan.
- To opt out, reply STOP to any Surf text at any time. We'll send a single confirmation and then stop sending SMS. You'll still receive in-app and push order updates, and you can keep using Surf.
- For help, reply HELP or email support@orderwithsurf.com.
- Marketing texts are separate and are sent only to people who opt in to them specifically; you can opt out of those the same way (reply STOP).
- Mobile carriers are not liable for delayed or undelivered messages.
How we handle your phone number and SMS consent — including our commitment never to share mobile opt-in data with third parties for marketing — is described in our Privacy Policy.
9. Account deletion
You can delete your account and associated personal data at any time in the app (Me → Delete Account) or by emailing privacy@orderwithsurf.com. See the Privacy Policy for details of what is deleted and what we retain (for example, de-identified transaction records we're required to keep for accounting).
10. Intellectual property
The Service, including our software, design, and content, belongs to Weird Hunt, Inc. Restaurant names, marks, and menus belong to the restaurants. We display merchant names to identify them truthfully, and we display menu information as factual data about what merchants offer for sale.
11. Disclaimers
The Service is provided "as is." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that every restaurant will be orderable at all times — restaurant websites change, and sometimes an order can't be placed. When that happens, you aren't charged (Section 5).
12. Limitation of liability
To the fullest extent permitted by law, Weird Hunt, Inc. will not be liable for indirect, incidental, special, consequential, or punitive damages, or for the acts or omissions of restaurants (including food safety and preparation). Our total liability for any claim arising out of the Service is limited to the greater of (a) the amounts you paid Surf in fees in the six months before the claim, or (b) $100. Some jurisdictions don't allow certain limitations, so parts of this section may not apply to you.
13. Disputes, arbitration, and class-action waiver
Before filing any claim, you agree to contact us at legal@orderwithsurf.com and give us 30 days to resolve the issue informally. Any dispute not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, or in small-claims court if it qualifies. You and Surf each waive the right to a jury trial and to participate in a class action. You may opt out of this arbitration agreement by emailing legal@orderwithsurf.com with the subject "Arbitration opt-out" within 30 days of first accepting these Terms.
14. Governing law
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. Venue for any court proceeding that is permitted under Section 13 lies in Dallas County, Texas.
15. Changes to these Terms
We may update these Terms. If a change is material, we'll notify you in the app or by message before it takes effect, and the "Effective" date above will change. Continuing to use the Service after the effective date means you accept the updated Terms.
16. Contact
Weird Hunt, Inc. · Dallas–Fort Worth, Texas
Support: support@orderwithsurf.com · Legal: legal@orderwithsurf.com · Privacy: privacy@orderwithsurf.com