| Operated by | Martinez Calderon LLC (dba Martinez Calderon Co.) | auani.com |
| Contact | said@auani.com |
| Governing law | Maryland, United States |
These terms are split into three parts: rules that apply to everyone, rules that apply if you're ordering food (a Diner), and rules that apply if you're running a business on AUANI (a Vendor). Read the part that applies to you - most people only need one.
What is AUANI?
AUANI is a marketplace platform, operated by Martinez Calderon LLC, doing business as Martinez Calderon Co., that connects independent restaurants, bakeries, food trucks, and other food businesses ("Vendors") with people who want to order from them ("Diners"). Vendors list their own menu, set their own prices, and fulfill their own orders - AUANI provides the ordering system, payment processing, and (optionally) delivery dispatch, and takes a commission on marketplace-discovered sales.
By using auani.com, placing an order, or operating a storefront on AUANI, you agree to these terms.
Part 1 - For Diners
Do I need an account to order?
No. You can check out as a guest. A phone number is required at checkout - this is how a Vendor reaches you if something's wrong with a pickup order - and you'll see a checkbox at checkout disclosing that this contact information is collected by AUANI and shared with the Vendor you're ordering from. If you'd rather have an account (to track order history, save details, and message Vendors), you're welcome to create one.
Who am I actually buying food from?
The Vendor. Each restaurant, bakery, or food truck on AUANI is an independent business, not an employee or franchise of AUANI. They set their own menu, prices, and hours, and they're the ones who prepare and fulfill your order. AUANI operates the ordering platform and processes payment on the Vendor's behalf - we are not the restaurant, and we don't prepare, handle, or inspect the food itself.
What if my order is wrong, late, or missing something?
Contact the Vendor directly through your order page first - they're in the best position to fix it, and they're expected to: a remake, a partial or full refund, or credit toward a future order, at their discretion. See our Refund Policy for the full policy, including what to do if a Vendor doesn't respond. If a Vendor hasn't acted on your accepted order within 10 minutes, AUANI's system automatically escalates it - both the Vendor and our team get notified so someone follows up.
Can a Vendor substitute ingredients or accommodate a custom order?
Vendors present food the way they present their own cooking. They may leave out an ingredient if you ask and the recipe reasonably allows it - including for allergies - but they aren't obligated to substitute one ingredient for another or build something off-menu. If a dish can't reasonably be made as you'd like, order it as listed, choose a different item, or look for a service built around fully custom orders.
Does AUANI take allergies and food safety seriously?
We take the information seriously, but food preparation, allergen handling, and kitchen safety are entirely the Vendor's responsibility, not ours - we don't operate a kitchen. If you have a serious allergy, tell the Vendor directly through the order notes and use your own judgment about whether a given kitchen is safe for you. AUANI is not liable for a Vendor's food handling, ingredient accuracy, or an allergic reaction to food ordered through the platform.
How is delivery handled?
Where available, delivery is dispatched through Uber Direct, a third-party courier network - AUANI does not employ or directly manage couriers. The delivery fee shown at checkout is always a real, live quote for your specific order, never a flat or estimated number, split between you and the Vendor according to that Vendor's own settings. Not every Vendor offers delivery; where it isn't offered, pickup and/or dine-in are still available if that Vendor supports them.
Can I message a Vendor?
Yes, if messaging is enabled. Messages are stored in AUANI's database. We don't publicly expose your messages to other Vendors, but please don't treat the messaging system as end-to-end private - see our Privacy Policy for how message data is handled.
Can I leave a review?
Yes, for orders you've actually completed - reviews are tied to a verified purchase, and are moderated before they go public. This keeps reviews honest and prevents a Vendor's competitor (or the Vendor itself) from posting fake ones.
What about loyalty rewards?
Some Vendors run a punch-card loyalty program: order a set number of times and earn a free item, set by that Vendor. There's no platform-wide discount-code or coupon system - loyalty rewards are Vendor-specific and entirely optional for a Vendor to offer.
Who do I pay, and how?
Payment is collected through Stripe at checkout. Depending on how a Vendor's order is structured, your charge may be split automatically between AUANI (our marketplace commission) and the Vendor (their share) at the moment of payment, or handled as a standard transaction with the Vendor paid out separately afterward. Either way, you're charged once, at checkout, for your order total plus any delivery fee and applicable tax.
Part 2 - For Vendors
How do I get onto AUANI?
You submit an application through the Vendor application page. An AUANI admin reviews it before you're approved - this isn't fully automatic sign-up, since we want every listed business to be real and operating. Once approved, you get your own front-end dashboard; you never need to touch the WordPress admin backend.
What does it cost to sell on AUANI?
Two separate things determine your cost: your plan tier (a flat monthly fee, if any) and your marketplace commission rate (a percentage AUANI keeps on orders AUANI's marketplace brought you). Both are published on our Pricing page and can change - see "Can these terms change?" below - but any rate change never applies retroactively to an order you've already completed.
| Plan | Monthly cost | Locations included | Marketplace commission |
|---|---|---|---|
| Free | $0 | 1 | 10% flat |
| Monthly | $300 | 1 (additional locations billed separately, see below) | 5% at 1 location, 3% at 2 or more |
| +Locations add-on | +$100/mo per location beyond what your plan includes | N/A | (rides your plan's rate above) |
Your commission rate is resolved from your real, current active-location count at the moment each order completes and is locked into that order's record permanently - it does not change later even if you add or archive locations, or if these rates change.
Does AUANI take a cut of every order?
No - only orders AUANI's marketplace actually brought you. An order placed through your own direct-ordering widget, QR code, or bio link - anything that didn't route through AUANI's own discovery (search, browse, business-type listings) - pays 0% commission by default, because we didn't produce that sale. This is a deliberate design choice: your own marketing and repeat customers shouldn't cost you a marketplace fee.
How and when do I get paid?
Through Stripe Connect. You connect your own Stripe account during setup; AUANI never holds your payout funds outside of Stripe's own processing. Commission on a marketplace order is calculated at checkout and typically settled automatically at the moment of payment (a "destination charge," where Stripe splits the payment between AUANI's commission and your share in the same transaction). Some order types don't qualify for that automatic split and instead accrue as a payout balance, released after a configurable holding period, that you can request payout of from your dashboard.
What am I responsible for as a Vendor?
You are the seller of record for the food you list and fulfill. That means:
- Accurate menus, prices, descriptions, and photos
- Food safety, allergen handling, and any licenses or permits your jurisdiction requires you to hold to operate a food business
- Accepting and fulfilling orders in a timely way - if you don't act on an accepted order within 10 minutes, our system escalates it to you and to AUANI's admin team
- Handling refunds and order issues per AUANI's platform-wide default Refund Policy, which you may supplement with your own additional notes but may not override or contradict
- Complying with applicable law, including consumer protection and food-service regulations in your area
Do I have to use AUANI's delivery, POS, or Google integrations?
No - all of them are optional. If you want couriers, AUANI dispatches through Uber Direct at a real, live-quoted fee (never a flat markup), and you control what share of that fee your guest pays via your own dashboard settings. If you already run Square or Clover, you can connect your own account so accepted orders push straight to it - nothing about your existing point-of-sale changes. If you connect your own Google Business Profile, your listing picks up a "Google Verified" badge on your public AUANI page; if you don't, nothing about your listing is degraded.
Can I run my own website or embed ordering elsewhere?
Yes. Depending on your plan, you can embed a white-label ordering widget directly on your own website - a guest orders without ever leaving your site, and (as explained above) that order pays 0% marketplace commission by default, since it wasn't a marketplace-discovered sale.
What happens if I change or cancel my plan?
Downgrading or cancelling never touches your existing published menu - it stays live. A new, lower plan's location or feature limits only affect what you can do going forward; you won't be forced to unpublish anything already live to get under a new limit. See our Refund Policy for how plan billing refunds work.
Can I post my own store policies?
Yes - you can add your own notes on things like prep time, allergy handling, or special order instructions. But your policies can only add detail on top of AUANI's platform-wide policies (like the default Refund Policy); they can't contradict, weaken, or override them. If your posted policy and AUANI's platform policy conflict, or a situation comes up that your policy doesn't clearly address, AUANI's policy governs and AUANI's decision is final.
Can AUANI remove my listing?
Yes, if you violate these terms, provide false information in your application, repeatedly fail to fulfill accepted orders, or engage in conduct that harms Diners or the platform (including food-safety violations, fraud, or abusive behavior toward Diners or AUANI staff). We'll generally try to resolve an issue with you directly first, but we reserve the right to suspend or terminate a Vendor account when necessary.
Part 3 - Rules for Everyone
What can't I do on AUANI?
Regardless of whether you're a Diner or a Vendor, you may not:
- Use the platform for any unlawful purpose
- Attempt to circumvent AUANI's commission structure (for example, directing a marketplace-discovered guest off-platform to avoid a commission that order would otherwise owe)
- Scrape, reverse-engineer, or attempt to extract data from the platform beyond your own account's data
- Post false, fraudulent, or defamatory content - including fake reviews or fabricated menu items
- Attempt to interfere with, disrupt, or gain unauthorized access to AUANI's systems
- Impersonate another person or business
Who owns what?
AUANI's own branding, design, and platform code are the property of Martinez Calderon LLC. A Vendor retains ownership of their own menu content, photos, and business information, and grants AUANI a license to display that content on the platform for as long as their listing is active. A Diner's reviews and messages remain their own content but may be displayed publicly (reviews) or retained per our Privacy Policy (messages).
What warranties does AUANI offer?
AUANI is provided "as is." We work to keep the platform running reliably, but we don't guarantee it will be error-free, uninterrupted, or available at all times. We make no warranties about the food, service, or conduct of any Vendor - that's the Vendor's responsibility, as explained in Parts 1 and 2 above.
What is AUANI's liability limit?
To the fullest extent permitted by law, AUANI's total liability for any claim arising from your use of the platform will not exceed the greater of $100 or the amount you paid to AUANI (not to a Vendor) in the twelve months before the claim. AUANI is not liable for indirect, incidental, special, consequential, or punitive damages, including any damages arising from food quality, food safety, or a Vendor's conduct.
Governing law
These terms are governed by the laws of Maryland, United States, without regard to conflict-of-law principles.
Can these terms change?
Yes. We'll update the effective date below and, where practical, give direct notice of material changes. Continued use of AUANI after a change takes effect means you accept the updated terms.
Contact
Questions about these terms: said@auani.com