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Cerca Terms of Service

Effective date: July 7, 2026

Last updated: July 7, 2026

These Terms of Service ("Terms") are a legal agreement between you and Cerca US LLC ("Cerca," "we," "us," or "our") governing your access to and use of the Cerca website and mobile application (together, the "Service"). By creating an account, submitting a business application, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference.

If you do not agree to these Terms, do not use the Service.

1. Who We Are / What Cerca Is

Cerca is a hyperlocal marketplace platform based in the United States that connects Users (neighbors looking to discover and buy) with Businesses (restaurants, home/cottage-food kitchens, retail shops, and service providers) for pickup or delivery orders, appointment bookings, event tickets, and loyalty rewards.

Cerca is a venue, not a party to transactions between Users and Businesses. We provide the technology that lets Users and Businesses find each other, transact, and communicate — we do not manufacture, prepare, sell, resell, or supply any product or service listed by a Business, and we are not a restaurant, retailer, delivery carrier, or payment institution.

2. Eligibility and Accounts

3. The Service — How It Works

A full description of the User and Business experience is available in How Cerca Works, which is incorporated into these Terms by reference. In summary: Users discover nearby Businesses in the app, place orders for pickup or delivery, book appointments, or buy event tickets; Businesses list and fulfill those orders/bookings/events; payments are processed through Stripe; delivery, where selected, is fulfilled through Uber Direct's courier network.

4. Business Listings Are the Business's Responsibility

Businesses that list on Cerca are independent third parties, not employees, agents, or franchisees of Cerca. Each Business is solely responsible for:

Cerca does not review, verify, endorse, or guarantee any Business, listing, product, service, price, or the identity of any Business, and Cerca is not responsible or liable for any act, omission, product, service, pricing error, or representation of any Business. Any dispute about the quality, safety, legality, or accuracy of a listing is between the User and the Business.

5. Reviews and User Content

Users may submit ratings, reviews, photos, and messages about Businesses. By submitting content, you grant Cerca a non-exclusive, worldwide, royalty-free, sublicensable license to host, display, reproduce, and distribute that content in connection with operating and promoting the Service. You represent that your content is your own, truthful, and does not violate these Terms, our Community Guidelines, or any law.

Cerca may remove, edit the visibility of, or refuse to publish any content, at its discretion, including content that violates Section 6 below.

6. Community Guidelines

Everyone on Cerca — Users and Businesses alike — must follow these Community Guidelines. Violating them may result in content removal, listing removal, suspension, and/or permanent, irreversible banning from the Service, at Cerca's sole discretion, with no obligation to refund pending balances tied to prohibited activity and, where appropriate, referral to law enforcement.

6.1 Prohibited listings and items

Businesses may never list, advertise, offer, or sell any of the following on Cerca, regardless of local legality in a given jurisdiction:

6.2 Non-discrimination, harassment, and reviews

Cerca has zero tolerance for discrimination or harassment on the platform, including in reviews, messages, and business interactions. You may not post or engage in content or conduct that:

Any User or Business found engaging in this conduct will be banned from the platform. Businesses may not discriminate against Users in service based on any protected characteristic either.

6.3 Reporting

Report a listing, review, or user for violating these Guidelines using the "Contact" form or in-app reporting tools. We investigate reports and take action consistent with this Section.

6.4 Enforcement is final

Removal and banning decisions under this Section are made at Cerca's sole discretion. A Business permanently banned under this Section may not re-register under a different name, address, or account.

7. Payments

All payments on Cerca are processed by Stripe, Inc., a licensed, independent third-party payment processor. By making or receiving a payment on Cerca, you also agree to Stripe's terms of service and privacy policy. Cerca is not a bank, money transmitter, or payment processor, and is not liable for any payment processing error, delay, outage, chargeback, fraud, or dispute arising from Stripe's services. Payout timing and amounts for Businesses depend on Stripe's processing and the fulfillment-based payout rules described in the app (e.g., payouts tied to completed orders, deliveries, or appointments).

If a Business does not accept an order within the time shown in the app, the User is automatically refunded in full through Stripe; this buyer protection does not create any additional liability for Cerca beyond facilitating that refund.

8. Delivery

Where a User selects delivery, fulfillment is handled by an on-demand, third-party professional courier network through Uber Direct. Couriers are independent contractors of Uber (or its affiliates/network), not employees or agents of Cerca. Cerca does not perform deliveries and is not liable for any delay, loss, damage, misdelivery, or courier conduct related to delivery. Claims about a specific delivery should first be directed to the Business (for order-preparation issues) or to Uber (for courier/delivery issues); Cerca will assist in good faith where reasonably possible but assumes no liability for delivery outcomes.

Businesses may also offer pickup-only fulfillment, which removes third-party delivery from the transaction entirely.

9. Disclaimers and Limitation of Liability

THE SERVICE, AND ALL LISTINGS, PRODUCTS, AND SERVICES OFFERED THROUGH IT, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Cerca does not warrant that the Service will be uninterrupted, error-free, or secure, or that any Business, product, service, price, or delivery will meet your expectations.

Cerca is not liable for, and disclaims all responsibility for: (a) any act, omission, product, service, price, or representation of any Business; (b) any payment-processing issue arising from Stripe; (c) any delivery issue arising from Uber or its courier network; (d) the quality, safety, legality, or fitness of anything sold or offered by a Business; or (e) any dispute between a User and a Business.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CERCA'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (I) THE AMOUNTS YOU PAID TO CERCA (EXCLUDING AMOUNTS PAID TO BUSINESSES, STRIPE, OR UBER) IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (II) ONE HUNDRED U.S. DOLLARS ($100). CERCA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Some jurisdictions do not allow certain warranty disclaimers or liability limitations, so some of the above may not apply to you.

10. Indemnification

You agree to indemnify and hold harmless Cerca, its officers, directors, employees, and agents from any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising from: your use of the Service; your listings, products, services, or content (if you are a Business); your violation of these Terms or our Community Guidelines; or your violation of any law or third-party right.

11. Intellectual Property

"Cerca," the Cerca logo, and associated brand names and marks are trademarks of Cerca US LLC. Certain Cerca platform technology and features are patent pending. You may not use Cerca's name, logo, or marks without our prior written permission. All other trademarks are the property of their respective owners. Businesses retain ownership of their own content (photos, descriptions, logos) but grant Cerca the license described in Section 5 to display it on the platform.

12. Suspension and Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for violation of these Terms or our Community Guidelines, suspected fraud or abuse, or as required by law. You may stop using the Service, or request account/listing deletion, at any time by contacting us as described in our Privacy Policy.

13. Dispute Resolution; Governing Law

These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-laws principles. Before filing a claim, please contact us so we can try to resolve the issue informally. Nothing in this Section limits either party's right to bring an individual claim in small claims court.

(Cerca team: decide here whether you want a binding individual arbitration clause with class-action waiver, as is common for U.S. consumer marketplace apps — if so, this section should be drafted and reviewed by counsel to ensure it is enforceable and includes a clear opt-out mechanism.)

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be reflected in the "Last updated" date above, and, where appropriate, we will provide additional notice. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15. Contact Us

See also our Privacy Policy and How Cerca Works.