Version 2026-08-14 · Effective August 14, 2026
These Terms of Use (“Terms”) govern access to websites, applications, software, and services provided by Pierce Inc, doing business as Hi! Pierce (“Hi! Pierce,” “we,” “us,” or “our”). By accessing or using a service that links to these Terms, you agree to them. If you use the Services for a business, you represent that you have authority to bind that business.
Some Services have additional terms. Restaurants and other business customers are also governed by the Merchant Services Agreement and any Service Order. Customers placing orders may be subject to the applicable restaurant’s policies. If additional terms conflict with these Terms, the additional terms control for that Service.
You must be legally capable of entering into a contract and meet any age requirements for the products or Services you use. Account information must be accurate and current. You are responsible for protecting credentials and for activity under your account. Notify support@hipierce.com promptly if you suspect unauthorized access.
You may use the Services only for lawful purposes and in accordance with these Terms. You may not interfere with security or availability; access another account without authorization; introduce malicious code; scrape, reverse engineer, or copy the Services except where law prohibits restriction; misrepresent identity or affiliation; violate privacy, intellectual-property, or other rights; facilitate fraud or illegal sales; or use the Services in a way that harms customers, restaurants, Hi! Pierce, or third parties.
Restaurants are independent businesses responsible for their products, menu accuracy, pricing, food preparation, allergens, fulfillment, refunds, and legal compliance. Unless expressly stated otherwise, Hi! Pierce provides technology that facilitates a transaction and is not the restaurant, food preparer, or seller. Availability and acceptance of an order are not guaranteed. Contact the restaurant promptly about fulfillment or product issues and contact Hi! Pierce support for platform or payment assistance.
You authorize the applicable restaurant, Hi! Pierce, and payment providers to process charges shown at checkout or in a Service Order. Fees and refund rights depend on the applicable product, restaurant policy, Service Order, and law. You are responsible for taxes and charges allocated to you. We may correct pricing or processing errors and take reasonable action to prevent fraud, chargebacks, or unauthorized transactions.
You retain rights in content you submit. You grant Hi! Pierce a worldwide, nonexclusive, royalty-free license to host, reproduce, format, transmit, and display that content as necessary to provide, secure, support, and improve the Services. You represent that you have the rights needed to submit the content and that it is lawful and accurate. We may remove or restrict content that violates these Terms, law, or another person’s rights.
The Services, software, designs, documentation, trademarks, and related intellectual property are owned by Hi! Pierce or its licensors. Subject to these Terms, we grant you a limited, nonexclusive, nontransferable, revocable right to use the Services for their intended purpose. No other rights are granted. Feedback may be used without restriction or compensation.
Our Privacy Policy explains our privacy practices. You agree to receive transactional, security, billing, order, and account communications necessary to provide the Services. Marketing consent, where required, is requested separately and may be withdrawn using the method stated in the message.
When you separately opt in, Hi! Pierce and the restaurant identified in the disclosure may send transactional text messages about eGift-card delivery, order confirmations, order status, estimated times, and customer support. Message frequency varies. Message and data rates may apply. Consent is not a condition of purchase. Reply STOP to opt out. Reply HELP for help.
The Services may use or link to payment processors, maps, delivery providers, hosting providers, domain registrars, analytics tools, and other third parties. Their terms and privacy practices may apply. We are not responsible for third-party products, content, outages, policy changes, or conduct, but this does not limit responsibilities that cannot lawfully be excluded.
You may stop using the Services at any time, subject to outstanding obligations and any Service Order. We may suspend or terminate access for material breach, nonpayment, fraud, illegality, security threats, harm to others, or discontinuation of a Service. Where practicable, we will provide notice and a reasonable opportunity to cure. Provisions that should survive by their nature will survive termination.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HI! PIERCE DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR A PARTICULAR LEGAL, TAX, HEALTH, OR BUSINESS PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HI! PIERCE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, REVENUE, GOODWILL, OR DATA. FOR A CONSUMER’S CLAIM NOT GOVERNED BY A MERCHANT AGREEMENT OR SERVICE ORDER, HI! PIERCE’S TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT PAID TO HI! PIERCE FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT.
These limitations do not apply where prohibited by law or to liability that cannot lawfully be limited.
To the extent permitted by law, you will defend and indemnify Hi! Pierce and its affiliates, officers, directors, employees, and agents against third-party claims arising from your content, misuse of the Services, violation of law, or breach of these Terms. This section does not apply to the extent a claim was caused by Hi! Pierce’s own unlawful conduct.
California law governs these Terms without regard to conflict-of-law rules. The state and federal courts in San Francisco County, California have exclusive jurisdiction, except where applicable consumer law requires otherwise. Before filing a claim, you and Hi! Pierce will attempt in good faith for 30 days to resolve it informally, unless immediate injunctive relief is reasonably necessary.
We may update these Terms for changes in law, security, technology, or the Services. Material changes will be communicated by a conspicuous notice, account message, or email when required. Continued use after the effective date constitutes acceptance to the extent permitted by law. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue. Failure to enforce a provision is not a waiver. We may assign these Terms in connection with a merger, reorganization, financing, or sale of relevant assets.
Questions or legal notices may be sent to legal@hipierce.com or Pierce Inc, 110 16th Street Suite 1460, Denver, CO 80202, US.