Terms of Service

Last updated: September 8, 2026

These Terms of Service (“Terms”) govern your use of the Servus website at tryservus.com and the products and services we offer through it (collectively, the “Service”). By creating an account, placing an order, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Who we are

The Service is operated by Servus, a brand of Positive Food Co. (“Servus,” “we,” “us,” or “our”). You can reach us at support@tryservus.com.

2. The Service

Servus is a marketplace platform for food and beverage products. We offer two ways to order:

• One time orders: pick items, schedule a delivery day, and we deliver once.
• Auto orders: a recurring schedule (weekly, every two weeks, or monthly) that places the same basket on the same delivery day until you pause or cancel.

3. Accounts and sign-in

You need a verified email to place orders. You can sign in with Google or with a one-time magic-link emailed to you. By signing in, you confirm that you have authority to act on behalf of the business or address associated with the account.

You are responsible for keeping your inbox secure. Anyone with access to your email can sign in as you. If you believe your account has been used without authorization, contact support@tryservus.com so we can disable the affected sign-in path.

4. Pricing, payments, and taxes

Prices are displayed in U.S. dollars and may change at any time. Wholesale tier pricing, when offered, applies only to accounts we have approved for that tier. We charge sales tax where required by law; office (non-wholesale) orders typically include tax, wholesale resale orders typically do not.

Payments are processed by Stripe. By placing an order you authorize us to charge the payment method on file for the relevant order amount plus any applicable delivery fees and taxes. Free delivery applies to orders at or above the threshold shown at checkout (currently $250); orders below the threshold may incur a delivery fee shown before you confirm.

5. Promotions, credits, and referrals

We may issue promotional credits, referral credits, or partner credits from time to time. Credits are applied at checkout, have no cash value, are non-transferable except as we expressly allow, and may expire. We may revoke credits we determine were issued in error or obtained through fraud or abuse.

6. Delivery, changes, and cancellations

You can edit, pause, or cancel an order or an auto-order through your account before our daily cutoff for the relevant delivery day. After the cutoff, the order is locked for fulfillment and may not be changed.

Our drivers will deliver to the address and any delivery notes on file. If the delivery location is inaccessible or otherwise prevents delivery and we cannot reach you, the order may be treated as delivered and we are not obligated to redeliver.

Servus may fulfill deliveries itself or through trusted third-party delivery service providers. Where we use a third-party provider, that provider acts on our behalf to complete the delivery, and your order remains subject to these Terms. We are responsible for selecting reputable providers but are not responsible for circumstances outside our reasonable control.

7. Returns, refunds, and quality issues

Perishable food cannot be returned. Please inspect your delivery when it arrives.

Shortages, damage, and quality issues must be reported to support@tryservus.com within 24 hours of delivery, or by 12:00 p.m. Pacific on the next business day if delivery occurs after 3:00 p.m. or on a weekend or holiday. Please include the order number and photographs of the affected product. Claims submitted after that window are not eligible for refund or credit.

This window does not apply to product that was never delivered, or to defects that could not reasonably have been identified on inspection at delivery. Where a claim is timely and valid, we will make it right, typically by refunding or crediting the affected items.

8. Product information, labeling, and photography

Products sold through the Service are made, packaged, and labeled by the brands and suppliers that produce them. Those brands and suppliers are solely responsible for the accuracy, completeness, and legality of their own labels, packaging, and product claims — including ingredient and allergen declarations, nutrition information, country of origin, expiration and use-by dating, and any certification or marketing claim such as organic, non-GMO, gluten-free, vegan, or dairy-free. We present that information as the brand or supplier provides it to us and do not independently verify or endorse it.

Always read the physical label on the product you receive before consuming or serving it. Where the label differs from anything shown on the Service, the label controls. If you or the people you serve have a food allergy or dietary restriction, do not rely on descriptions, attribute tags, or filters shown on the Service alone.

Product photographs and other imagery are for representation only. Packaging, formulation, size, count, garnish, and appearance change over time and may differ from what is shown. An image is not a warranty of the exact item you will receive. If what arrives differs materially from what was described, contact support@tryservus.com and we will make it right under the section above.

9. Acceptable use

You agree not to:

• use the Service for any unlawful purpose or to violate the rights of others;
• attempt to access the Service or accounts you do not own, or interfere with how the Service works (scraping, automated ordering at scale, denial-of-service, etc.);
• resell, sublicense, or commercially exploit access to the Service except under an explicit wholesale agreement;
• misrepresent your identity or your authority to bind a business.

10. Intellectual property

The Servus name, logo, photography, copy, and software are owned by us or our licensors and are protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service for your own purchasing purposes. No other rights are granted by implication.

11. Third-party services

The Service relies on third-party providers to function, including Stripe (payments), Resend (transactional email), Google (sign-in and address autocomplete), and our hosting and analytics providers. Your use of those features is also subject to their own terms; we are not responsible for the acts or omissions of those providers.

12. Disclaimers

The Service is provided “as is” and “as available.” To the maximum 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 the Service will be uninterrupted, error-free, or that all defects will be corrected.

13. Limitation of liability

To the maximum extent permitted by law, our total liability to you for any claim arising out of or relating to the Service or these Terms is limited to the greater of (a) the amount you paid us in the twelve months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill, even if we were advised of the possibility.

14. Indemnification

You agree to defend, indemnify, and hold harmless Servus and its officers, employees, and agents from and against any claims, damages, costs, and expenses (including reasonable attorneys' fees) arising out of (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any law or third-party right.

15. Termination

You may stop using the Service at any time. We may suspend or terminate your access at any time for any reason, including violation of these Terms or harm to other customers or our business. Sections that by their nature should survive termination (including payment obligations, intellectual property, disclaimers, limitations of liability, indemnification, and governing law) survive.

16. Changes to these Terms

We may update these Terms from time to time. When we make material changes we will update the “Last updated” date above and, where appropriate, give notice through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The state and federal courts located in Los Angeles County, California will have exclusive jurisdiction over any dispute arising under these Terms, and you consent to personal jurisdiction in those courts.

18. Contact

Questions about these Terms? Email us at support@tryservus.com.