Sitemap

Legal Document

Consumer Terms of Use

TRIYUM CONSUMER TERMS OF USE

Last Updated: April 20, 2026
Effective Date: April 20, 2026

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN AN AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS AND A CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. EXCEPT AS EXPRESSLY PROVIDED IN THE ARBITRATION SECTION BELOW, DISPUTES BETWEEN YOU AND TRIYUM MUST BE RESOLVED BY INDIVIDUAL, BINDING ARBITRATION AND NOT IN COURT.

These Consumer Terms of Use (these “Terms”) form a legally binding agreement between you and TriYum, LLC (“TriYum,” “we,” “us,” or “our”) governing your access to and use of TriYum’s consumer-facing websites, mobile application, and related services that allow consumers to browse participating merchants, place pickup or delivery orders, communicate about active orders, and access related platform features (collectively, the “Consumer Platform”).

If you do not agree to these Terms, you may not access or use the Consumer Platform.

1. Contractual Relationship; Scope

The Consumer Platform is a technology platform that allows you to browse participating merchants, place orders, and, where available, request pickup or delivery in connection with those orders.

These Terms apply only to your use of the Consumer Platform as a consumer. If you also use TriYum in another capacity, including as a driver subscriber or, in the future, as a merchant user, separate agreements may govern that separate relationship. Those other agreements do not replace these Terms for your use of the Consumer Platform as a consumer.

2. The Consumer Platform; Role of the Parties

2.1 TriYum’s Role

TriYum provides and operates the Consumer Platform and related platform functionality. TriYum is not a restaurant, food preparation business, grocery store, food facility, or common carrier. TriYum does not prepare food or beverage items, and TriYum does not employ delivery drivers.

2.2 Merchants

Orders placed through the Consumer Platform are prepared, fulfilled, and sold by independent participating merchants. Merchants are responsible for their own business operations, menus, prices, ingredients, food preparation, food safety, packaging, legal compliance, hours, substitutions, and item availability.

2.3 Delivery Subscribers

Where delivery is available, delivery may be performed by independent delivery service providers who use TriYum’s separate driver-facing platform and subscription tools (“Delivery Subscribers”). Delivery Subscribers are independent parties and are not employees, agents, representatives, partners, or franchisees of TriYum.

2.4 No Agency for Consumer Transactions

Except for the limited operation of the Consumer Platform and related payment and support functions, TriYum is not a party to the underlying sale of food or beverage items between you and the merchant. TriYum also does not assume responsibility for the acts or omissions of any merchant or Delivery Subscriber, except to the extent expressly required by applicable law.

3. Eligibility and Account Registration

3.1 Eligibility

You may use the Consumer Platform only if you are at least eighteen (18) years old and capable of entering into a binding contract, or if you are at least the age of majority in your jurisdiction and otherwise legally permitted to use the Consumer Platform.

3.2 Account Information

To use certain features of the Consumer Platform, you may be required to create an account. You agree to provide accurate, current, and complete account information and to keep that information updated.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs through your account. You must notify TriYum promptly if you believe your account has been compromised or used without authorization.

3.4 One Person Per Account

Unless TriYum expressly permits otherwise in writing, you may not transfer, assign, sell, or share your account with another person.

4. Orders; Availability; Pickup and Delivery

4.1 Order Placement

When you place an order through the Consumer Platform, you authorize TriYum to transmit your order details to the merchant you selected and, where applicable, to make delivery-related information available to the Delivery Subscriber handling the order.

4.2 Merchant Acceptance and Availability

All menu items, prices, offers, delivery availability, pickup availability, and estimated times are subject to change. Merchants may update menus, prices, hours, inventory, and item availability. An order is not final until accepted by the merchant through the Consumer Platform or otherwise processed through applicable platform functionality.

4.3 Delivery Address and Instructions

You are responsible for entering an accurate delivery address and any reasonably necessary delivery instructions. The Consumer Platform uses the address and related location information you manually provide to facilitate order routing, delivery coordination, merchant display, and order accuracy. TriYum does not automatically track your real-time geolocation through your device for delivery fulfillment unless the Consumer Platform is later updated to offer and disclose a separate location-based feature.

4.4 Order Status and Communications

TriYum may provide order-status updates through the Consumer Platform by push notification, in-app message, text message, email, or other means. Estimated preparation times and delivery times are estimates only and are not guaranteed.

4.5 Pickup Orders

If you select pickup, you are responsible for picking up the order from the merchant at the designated location during the merchant’s applicable pickup window.

4.6 Delivery Orders

If you select delivery, the Consumer Platform may make your delivery request available to Delivery Subscribers. A Delivery Subscriber remains free to accept or decline a delivery request.

4.7 No Guarantee of Availability

TriYum does not guarantee that any merchant, item, delivery service, pickup service, delivery time, or platform feature will be available at any particular time or location.

5. Payments; Authorization; Tips; Taxes; Promotions

5.1 Payment Authorization

By placing an order, you authorize TriYum and its third-party payment processors to charge your selected payment method for the amounts you authorize at checkout, including the purchase price of items ordered, applicable delivery-related charges, service or platform fees if any, taxes, gratuities you choose to add, and any other amounts clearly disclosed to you before you submit your order.

5.2 Payment Processing

Payment processing services may be provided by third-party processors. Your use of payment functionality may be subject to the applicable processor’s terms, conditions, and privacy practices.

5.3 Card on File

If you store a payment method in your account, you authorize TriYum and its payment processors to store and update your payment credentials as permitted by applicable card-network, processor, or account-updater rules, and to charge any valid payment method you have on file for authorized transactions under these Terms if your primary payment method is declined or unavailable.

5.4 Preauthorization

TriYum or its payment processor may request a preauthorization or similar verification from your payment method before final processing of an order.

5.5 Taxes and Fees

You are responsible for applicable taxes and other disclosed charges associated with your order. The Consumer Platform will display the charges presented at checkout in accordance with applicable law.

5.6 Tips and Gratuities

The Consumer Platform may provide you with the option to add a gratuity in connection with a delivery order. Any gratuity is voluntary unless clearly disclosed otherwise. If you choose to add a gratuity, that gratuity will be reflected in the total displayed to you before you submit your order.


5.7 Promotions and Promotional Credits

TriYum may, in its sole discretion, offer promotions, discounts, promotional credits, referral offers, or similar benefits (“Promotions”). Unless expressly stated otherwise in the specific terms of a Promotion:

6. Cancellations; Refunds; Credits; Customer Support

6.1 Cancellation Requests

Whether an order may be canceled, and whether you will be charged in whole or in part after a cancellation request, may depend on the status of the order, including whether the merchant has accepted the order, started preparation, or completed preparation, and whether a Delivery Subscriber has accepted or begun the delivery process.

6.2 Refunds Required by Law

TriYum will administer refunds, credits, and order-issue resolutions in accordance with applicable law and platform functionality.

If your order is not delivered, or if the wrong order is delivered, TriYum will provide a refund as required by applicable law unless TriYum determines that you were responsible for the nondelivery or identifies evidence indicating that the refund request may be fraudulent.

If your order is only partially fulfilled, TriYum will process the order issue in accordance with applicable law, including by charging you only for the portion of the order you received and adjusting associated amounts as required by law.

To the extent required by applicable law, any required refund will include the original paid gratuity and applicable associated charges for undelivered or incorrect items, subject to lawful investigation of the claim. If it is not feasible to return a gratuity or other refund amount to the original method of payment, TriYum may provide an alternate refund method to the extent permitted or required by law.

TriYum may request cooperation from the merchant and/or Delivery Subscriber in processing a refund or related adjustment, but your right to any refund required by applicable law does not depend on whether TriYum is able to obtain reimbursement or cooperation from any other party.


6.3 Reporting Order Issues

You should report nondelivery, wrong-order, missing-item, incorrect-item, damage, quality, or other order issues through the Consumer Platform’s support features or other customer-support channels made available by TriYum as soon as reasonably possible after the issue arises. TriYum may request information reasonably necessary to investigate the issue, including photographs, order details, delivery details, or related records.

6.4 Investigations and Fraud Prevention

TriYum may review order records, status information, merchant communications, Delivery Subscriber records, photos, timestamps, account history, and other relevant information in evaluating refund requests, complaints, disputes, and suspected fraud.

6.5 Promotional Credits and Goodwill Adjustments

In addition to refunds required by law, TriYum may, in its sole discretion and to the extent permitted by law, provide goodwill credits, promotional credits, or other courtesy adjustments in response to order issues, service concerns, or account matters. Any such discretionary credit or adjustment does not obligate TriYum to provide the same relief in any future case.

6.6 Customer Support

TriYum will make available a clear and conspicuous customer-support feature through which you may seek assistance regarding your orders and use of the Consumer Platform. TriYum may use automated tools for support intake or initial issue handling, but where required by law and where automated support does not resolve the issue, TriYum will provide a means for you to connect with a natural person to address the concern.

7. Communications Through the Platform; Off-Platform Contact

7.1 Order-Related Communications

The Consumer Platform may provide messaging, calling, or other communication features for the purpose of facilitating an active order, resolving order-related issues, or coordinating pickup or delivery. You agree to use those features only for legitimate order-related purposes.

7.2 No Use of Platform Messaging for Unwanted Solicitation

Neither you nor any Delivery Subscriber may use TriYum’s in-platform messaging tools for spam, harassment, unlawful conduct, or repeated unwanted solicitation.

7.3 Customer Choice Regarding Independent Contact

TriYum does not provide your personal contact information to Delivery Subscribers for general off-platform marketing or solicitation. If, however, you independently choose to share your own contact information directly with a Delivery Subscriber, or you independently choose to continue communications with a Delivery Subscriber outside the Consumer Platform, any such direct communications or separate arrangements are made independently by you and the Delivery Subscriber and not by or through TriYum.

7.4 Separate Arrangements Outside the Platform

If you choose to engage independently with a Delivery Subscriber outside the Consumer Platform after a transaction, you do so at your own discretion and risk. TriYum does not direct, control, endorse, guarantee, or assume responsibility for any separate services, offers, communications, agreements, or transactions that occur outside the Consumer Platform.

8. User Conduct and Prohibited Activities

You agree that you will not, and will not permit any third party using your account to:

TriYum may investigate suspected violations of this Section and may suspend, restrict, or terminate access to the Consumer Platform as provided in these Terms.

9. User Content; Ratings; Reviews; Feedback

9.1 User Content

The Consumer Platform may permit you to submit ratings, reviews, photographs, comments, support materials, or other content (“User Content”). You retain ownership of your User Content, subject to the license granted below.

9.2 License to User Content

By submitting User Content through the Consumer Platform, you grant TriYum a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, distribute, modify solely for formatting or display purposes, and otherwise use that User Content to operate, improve, support, promote, and protect the Consumer Platform and related services.

9.3 Your Representations

You represent and warrant that you have all rights necessary to submit your User Content and to grant the foregoing license, and that your User Content does not violate these Terms or applicable law.

9.4 Review Standards

If you submit ratings or reviews, you agree that they will be based on your genuine experience and will not be false, misleading, defamatory, unlawful, or submitted in exchange for improper compensation unless applicable law clearly permits and any required disclosure is made.

9.5 Feedback

If you provide suggestions, ideas, or feedback regarding the Consumer Platform, TriYum may use that feedback without restriction or compensation to you.

10. Third-Party Services; App Stores

10.1 Third-Party Services and Content

The Consumer Platform may contain links to third-party websites, applications, products, services, content, or integrations, including payment processors, communications providers, map or navigation tools, app stores, and merchant content. TriYum does not control and is not responsible for third-party services or content except to the extent expressly stated in these Terms.

10.2 App Store Terms

If you download the TriYum mobile application through the Apple App Store, Google Play, or another app marketplace, you acknowledge that these Terms are between you and TriYum, not the app-store provider. The applicable app-store provider may have additional terms governing your use of the application, and you agree to comply with those terms.

10.3 Mobile Carrier and Data Charges

You are solely responsible for any fees charged by your mobile carrier or internet provider in connection with your use of the Consumer Platform.

11. Intellectual Property; Limited License

The Consumer Platform, including its software, interfaces, workflows, visual design, text, graphics, logos, trademarks, service marks, and related content, is owned by TriYum or its licensors and is protected by intellectual property and other laws.

Subject to your compliance with these Terms, TriYum grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Consumer Platform for your personal, noncommercial use as a consumer.

Except for the limited rights expressly granted in these Terms, no right, title, or interest in or to the Consumer Platform or any TriYum intellectual property is transferred to you. You may not use TriYum’s names, logos, trademarks, or branding except as expressly authorized in writing.

12. Privacy

Your use of the Consumer Platform is also subject to the TriYum Privacy Policy for Consumers, as updated from time to time.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CONSUMER PLATFORM AND ALL RELATED FEATURES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TRIYUM DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, OR RESULTS.

WITHOUT LIMITING THE FOREGOING, TRIYUM DOES NOT WARRANT THAT:

NOTHING IN THESE TERMS DISCLAIMS ANY WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE DISCLAIMED.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRIYUM AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AND LICENSORS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE CONSUMER PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRIYUM’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE CONSUMER PLATFORM WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DIRECTLY TO TRIYUM IN CONNECTION WITH THE SPECIFIC ORDER OR EVENT GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

The limitations in this Section apply regardless of the form of action and even if any limited remedy fails of its essential purpose, but they do not limit liability to the extent such liability cannot lawfully be limited under applicable law.

15. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless TriYum, its affiliates, and their respective officers, directors, managers, employees, and agents from and against third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

This Section does not require you to indemnify TriYum for TriYum’s sole negligence, willful misconduct, or breach of these Terms.

16. Dispute Resolution; Arbitration

16.1 Agreement to Arbitrate

Except for claims that may be brought in small claims court on an individual basis and claims for temporary, preliminary, or emergency injunctive relief to protect intellectual property, confidential information, or platform security pending appointment of an arbitrator, you and TriYum agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Consumer Platform, your account, any order, any payment, any refund, any support interaction, or the relationship between you and TriYum (each, a “Dispute”) will be resolved by final and binding arbitration on an individual basis.

This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

16.2 Mandatory Pre-Arbitration Notice and Conference

Before either party may commence arbitration, that party must send the other a written notice describing the Dispute, the basis for the claim, and the relief requested.

Notices to TriYum under this Section must be sent to:
Email: TriYumapp@gmail.com
Mail: TriYum, LLC, Attn: Trevor Rowley, 2011 Palomar Airport Rd., Carlsbad, CA 92011

Within thirty (30) days after a valid notice is received, the parties will participate in a good-faith individual settlement conference by telephone or videoconference. Either party may be represented by counsel. If the Dispute is not resolved within sixty (60) days after receipt of the notice, either party may initiate arbitration.

This informal process is a condition precedent to arbitration. The applicable limitations period will be tolled from the date a valid notice is sent until the earlier of: (a) completion of the settlement conference, or (b) sixty (60) days after receipt of the notice.

16.3 Arbitration Administrator and Rules

Unless the parties agree otherwise in writing, the arbitration will be administered by JAMS in accordance with its then-current applicable consumer arbitration rules, except to the extent those rules conflict with these Terms, in which case these Terms control.

The arbitration will be conducted before a single neutral arbitrator who is a licensed attorney or retired judge.

If JAMS is unavailable or unwilling to administer the arbitration, and the parties do not agree on a substitute administrator within fourteen (14) days, either party may ask a court of competent jurisdiction to appoint an arbitrator or substitute administrator consistent with the Federal Arbitration Act.

16.4 Arbitration Location; Remote Proceedings

Unless the parties agree otherwise, the arbitration will be conducted in Los Angeles County, California, except that if applicable law requires another location or remote option for consumer arbitrations, the arbitration will proceed as required by applicable law. The arbitrator may permit appearances by videoconference, telephone, document submission, or other remote means, as appropriate.

16.5 Arbitration Procedures

The arbitrator will have authority to resolve all threshold arbitrability issues, including formation, scope, and enforceability, except to the extent prohibited by applicable law.

The arbitrator may award any individual remedy available under applicable law, but may not award relief on a class, collective, representative, coordinated, mass, or consolidated basis except to the extent such restriction is found unenforceable.

The arbitrator will issue a written award sufficient to permit judicial review under applicable law.

16.6 Fees and Costs

Each party will bear its own attorneys’ fees except as otherwise provided by applicable law or the arbitrator’s award. Arbitration filing, administrative, and arbitrator fees will be allocated under the applicable administrator’s consumer rules, except as required by applicable law. If a court or arbitrator determines that a different allocation is necessary to preserve enforceability, TriYum will pay the minimum amount necessary to preserve enforceability.

16.7 Class, Collective, and Representative Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, COORDINATED, MASS, OR CONSOLIDATED PROCEEDING.

If a court determines that all or part of this Section is unenforceable as to a particular claim or request for relief, then that claim or request for relief will be severed and stayed or litigated in a court of competent jurisdiction, and the remaining portions of this Section 16 will be enforced to the fullest extent permitted by law.

16.8 Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND TRIYUM WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE THAT IS LITIGATED IN COURT RATHER THAN ARBITRATED.

16.9 Survival

This Section 16 survives termination of these Terms and your relationship with TriYum.

17. Termination; Suspension

TriYum may suspend, restrict, or terminate your access to the Consumer Platform immediately or upon notice if:

You may stop using the Consumer Platform at any time. You may request account closure through available account settings or support channels, subject to TriYum’s right to retain information as permitted or required by law.

Any provision of these Terms that by its nature should survive termination will survive, including provisions concerning payments, refunds, User Content, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and general provisions.

18. Alcohol Orders

18.1 Availability

In certain jurisdictions and from certain merchants, the Consumer Platform may permit you to place orders involving alcoholic beverages, subject to applicable law and platform availability.

18.2 Legal Requirements

By placing an alcohol order, you represent and warrant that you are at least twenty-one (21) years old and legally permitted to purchase alcohol in the applicable jurisdiction. You further agree that any person receiving the alcohol order must also be legally permitted to receive it.

18.3 ID Verification and Refusal of Delivery

Alcohol deliveries require presentation of a valid government-issued photo ID and compliance with applicable law. An alcohol order may be refused or canceled if the recipient cannot present valid identification, is underage, appears intoxicated, is not present where in-person receipt is legally required, or if the delivery cannot otherwise be completed lawfully.

18.4 Additional Charges for Failed Alcohol Delivery

If an alcohol delivery cannot be completed because the recipient cannot present valid identification, is underage, appears intoxicated, is not present where in-person receipt is legally required, or if the delivery cannot otherwise be completed lawfully, a $20.00 restocking and processing fee may be charged to the extent permitted by applicable law, provided that this fee was clearly disclosed to you before you placed the order.

19. Changes to These Terms

TriYum may update these Terms from time to time to reflect changes to the Consumer Platform, legal requirements, or business practices. If we make material changes, we will update the “Last Updated” date above and provide additional notice where required by applicable law. Unless otherwise stated, changes will become effective when posted or otherwise communicated, and your continued use of the Consumer Platform after the effective date of the updated Terms constitutes your acceptance of the updated Terms.

20. General Provisions

20.1 No Employment, Agency, Partnership, or Joint Venture

Nothing in these Terms creates any employment, agency, franchise, partnership, joint venture, fiduciary, or similar relationship between you and TriYum, or between TriYum and any merchant or Delivery Subscriber.

20.2 Governing Law

These Terms are governed by the Federal Arbitration Act and, to the extent state law applies, the laws of the State of California, without regard to conflict-of-laws principles, except to the extent superseded by applicable federal law or consumer-protection law that cannot be waived.

20.3 Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the fullest extent permitted by law and the remaining provisions will remain in full force and effect.

20.4 Assignment

You may not assign or transfer these Terms without TriYum’s prior written consent. TriYum may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

20.5 Entire Agreement

These Terms, together with any policies or terms expressly incorporated by reference, constitute the entire agreement between you and TriYum regarding your use of the Consumer Platform as a consumer and supersede prior or contemporaneous understandings on that subject.

20.6 California Consumer Notice

Under California Civil Code section 1789.3, California consumers may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

21. Contact Information

If you have questions about these Terms or the Consumer Platform, please contact:

TriYum, LLC
4730 S. Apache Rd. Suite 300
Las Vegas, Nevada 89147
Email: info@TriYumapp.com
Telephone: +1 (702) 749-4988