Terms of service

Last Updated: June 7, 2026 

Belly Holdings

Terms of Service

The following terms of service (“Terms”) are a legal agreement between you (together with the business entity you represent, if any, “you” or “your”) and Belly Holdings Inc. (“Belly”, “we”, “us” or “our”) and govern your access to and use of the Belly website at eatbellybar.com (together with any related subdomains, the “Website” and, together with related services we provide, the “Services”). 

By accessing or using the Services, you agree to these Terms and any other policies or terms referenced within or posted throughout the Services, including our Privacy Policy (“Privacy Policy”), the terms of which are hereby expressly incorporated into these Terms by reference. 

FROM TIME TO TIME, WE MAY UPDATE OR MODIFY THESE TERMS IN OUR DISCRETION. IF OUR CHANGES REDUCE YOUR RIGHTS OR INCREASE YOUR RESPONSIBILITIES, WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE YOU WITH NOTICE VIA YOUR ACCOUNT. THE UPDATED TERMS WILL BECOME EFFECTIVE AS OF THE “LAST UPDATED” DATE INDICATED IN THE TERMS. ANY USE OF THE SERVICES AFTER THE LAST UPDATED DATE MEANS YOU HAVE ACCEPTED THE UPDATED TERMS. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT YOU DO NOT ACCEPT THE UPDATED TERMS IS TO TERMINATE YOUR ACCOUNT AND CEASE USE OF THE SERVICES.

  1. Accessing the Services. In order to use certain of the Services, you may be required establish a user account (an “Account”). In connection with establishing an Account, you agree to: (a) provide true, accurate, current, and complete information about yourself as we may require; and (b) maintain and promptly update the registration data to keep it true, accurate, current, and complete. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. You may not share your Account and you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. We reserve the right, in our sole discretion, to determine who may qualify for an Account and we reserve the right to reject or revoke any Account at any time without liability.


  1. Ownership; License. As between you and Belly, Belly and our licensors retain all right, title, and interest in and to all Services and intellectual property and other rights therein and thereto. No rights or licenses are granted except as expressly and unambiguously set forth in these Terms, whether by implication, estoppel or otherwise. Subject to your compliance with these Terms, Belly hereby grants to you, a personal, worldwide, royalty-free, non-sublicensable, non-transferrable, and non-exclusive license to use the Website for your personal and non-commercial purposes in accordance with these Terms. You may not perform, engage in or attempt, or facilitate the same, any of the following: (a) pledging, renting, leasing, sharing, distributing, selling of any Services; (b) reverse engineer or otherwise attempt to determine the underlying code or structure of any Services; or (c) using any robots, spiders, or similar data mining, data gathering, “scraping”, extraction tools, or manual processes to collect, gather, or copy any content or data on or related to any Services.


  1. Orders; Modifications and Cancellations.

    1. When you place an order through the Website, you agree that your order is an offer to buy the products listed in your order. Once we receive your order, we will send you a confirmation email with the details of your order to the email address associated with your Account or as set forth in your order.

    2. In case you want to cancel an order, please contact our customer service at hello@eatbellybar.com. However, please note that, because we strive to fulfill orders as quickly as possible, we cannot guarantee that we will be able to make changes to or cancel your order once it has been accepted.

    3. All orders are subject to product availability, and we will notify you if any product you have ordered is not available. We also reserve the right to refuse any order placed via our Website or to limit or cancel quantities purchased.


  1. Shipping and Delivery. Once your order is accepted, we will arrange for shipping of your order to the address you provided to us and email you confirmation of shipment. Delivery fees will be clearly stated when checking out. Please note that we currently ship only to the contiguous US states. You are responsible for providing us with a correct and complete shipping address when checking out and we will not be responsible or have any liability to you for shipments that are delayed or undeliverable due to errors in the address you provide to us or inaccessibility of the delivery address itself. Title to, and the risk of loss of, the products you ordered transfers to you upon delivery to the delivery address provided to us.


  1. Returns. If you have any problems with your order, or are otherwise unsatisfied with any product, please contact our customer service team at hello@eatbellybar.com within 30 days of receipt of your order and we will work to resolve your concern. Due to the perishable nature of food products, we handle returns on a case by case basis. 


  1. Product Prices; Tax. You will be charged the price for products that appears on your order at the time your order is placed, which will be included in your confirmation email. All prices on our Website are otherwise subject to change without notice and price increases will only apply to orders placed after such changes. The prices on our Website do not include taxes or shipping and delivery fees. Your total price at checkout will include the product plus any applicable sales tax. Note that the state and local sales tax is based on the shipping address and the sales tax rate in effect at the time of your order. We will charge tax only in states where the goods sold over the internet is taxable. 


  1. Subscriptions. When you place an order, you will have the option to set up a subscription. By setting up a subscription, you are agreeing to recurring purchases at the frequency you choose. The cost of products in your subscription may vary based on changes in product or delivery pricing. Your subscription will automatically renew according to your selected frequency until you modify or cancel the subscription via your Account management page. You can also cancel or modify your subscription by contacting us at hello@eatbellybar.com. Any modification or cancellation request must be submitted not later than seven days before your next order shipment date.


  1. Payment. We use a third-party payment service to bill you through an online account for your orders in lieu of directly processing your credit card information. By submitting your payment account information, you grant us the right to store and process your information with the third-party payment service, which may change from time to time; you agree that we will not be responsible for any failure of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of such third-party payment service in addition to these Terms. You agree that we may change the third-party payment service and move your information to other service providers that encrypt your information using transport layer security (TLS) or comparable security technology. You are solely responsible for all taxes associated with Services (excluding taxes based on Belly’s net income). 


  1. User Content. The Services may enable users to upload information including images, data, text, or other materials (collectively, “Content”). You retain ownership of all Content that you submit to the Services and these Terms do not grant us any licenses or rights to your Content except for the limited license described in this Section 9. Belly may, but is not obligated to, monitor or review the Services and your Content or the Content of any other user at any time. You are responsible for your Content, and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. We have the right, in our discretion, to remove any of your Content for any reason including if your Content violates these Terms or any applicable law, as determined by us. By uploading your Content to the Services, you: (a) represent and warrant that you have all necessary rights to upload, share, post, transmit or otherwise make available such Content; and (b) hereby grant to Belly a nonexclusive, worldwide, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use, reproduce, distribute, modify, translate, adapt, create derivative works, make publicly available, and otherwise use your Content: (i) to provide the Services to you during the effectiveness of these Terms as set forth in Section 9; (ii) for the purposes permitted by our Privacy Policy; and (iii) to compile, use and disclose aggregate or de-identified data, statistics, measurements or other metrics derived from your Content (including in combination with the aggregate or de-identified content of other users of the Services) for our own purposes, including to improve the Services, solely in a manner such that the aggregate or de-identified content does not identify you or any other individual (“Aggregated Data”). As between you and Belly, Aggregated Data is the sole and exclusive property of Belly. 


  1. Copyright Infringement; Notice and Take Down Procedures. If you believe that any content on our Website infringes your copyright, you may request that such content be removed. This request must bear the signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:

    1. identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work;

    2. identification of the content that you believe to be infringing and its location, including a description of the content, and its Website location or other pertinent information that will help us to locate such content;

    3. your name, address, telephone number and email address;

    4. a statement that you have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent, or the law;

    5. statement that the information in your claim is accurate; and

    6. a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf.


Belly’s agent for copyright issues relating to our Website is: hello@eatbellybar.com, or Belly Holdings, Inc. In an effort to protect the rights of copyright owners, Belly maintains a policy for the termination, in appropriate circumstances, of users of our Website who are repeat infringers.


  1. Prohibited Conduct. You agree that you will not, directly or indirectly: (a) use the Services for any fraudulent purpose or in violation of any applicable laws; (b) use the Services to transmit any Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, hateful, fraudulent, invasive of another’s privacy, tortious, discriminatory, obscene, pornographic, lewd, lascivious or otherwise objectionable, as determined by us; (ii) is false, inaccurate, misleading, defamatory or libelous Content (including without limitation personal information); (iii) infringes another’s copyright, trademark, trade secret or other intellectual property rights or other rights of any entity or person; or (iv) introduces viruses, worms, Trojan horses and/or harmful code into the Services; (c) impersonate any person or entity, including any of our employees or representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (d) interfere or attempt to interfere with the proper working of the Services or any activities conducted through them, including by bypassing any measures we may use to prevent or restrict access to the Services or engaging in any conduct that restricts or inhibits any other user’s use or enjoyment of the Services.


  1. Term and Termination. The effectiveness of these Terms commences upon the date you first access or use the Services, as applicable, and continues until terminated as set forth herein. You may terminate your Account at any time using the Account management functions of the Website. Without limiting our other rights or remedies, we may suspend, deny or terminate your access to any or all of the Services in our sole discretion. In addition to accrued obligations, the following sections will survive the termination or expiration of these Terms, including if Belly ceases to provide the Services: Sections 9 (User Content); 10 (Copyright Infringement; Notice and Take Down Procedures); 12 (Term: Termination); 14 (Errors; Disclaimer); 15 (Limitation of Liability); 16 (Indemnification); 17 (Agreement to Arbitrate); and 18 (General Provisions).


  1. Third Party Services. You acknowledge and agree that the Services may contain or be accompanied by certain software products or other services operated, licensed or provided by third parties, including without limitation software that is subject to open source licenses, including large language models and artificial intelligence applications (“Third Party Services”). Belly is not responsible for the operation or availability of any Third Party Service or operation or availability of the Services, to the extent the Services rely on a Third Party Service. You are solely responsible for procuring any and all rights necessary to access or use any Third Party Service and you agree to comply with all applicable terms governing use of Third Party Services. We make no representations or warranties with respect to Third Party Services or any third-party service providers. Any exchange of data or other interaction between you and a third-party service provider is solely between you and such third-party service provider and is governed by such third party’s terms and conditions.


  1. Errors; Disclaimers.

    1. Errors and Omissions. We strive to ensure the information on our Website is accurate, current and complete. However, we do not warrant or guarantee that product descriptions or pricing on our Website is always accurate, reliable, current, or error-free. Always read the label on any product before using it.

    2. Disclaimer. OUR WEBSITE AND ALL CONTENT, PRODUCTS, MATERIALS AND SERVICES PROVIDED OR MADE AVAILABLE TO YOU THROUGH OUR WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, BELLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. 


  1. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BELLY BE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE OR ANY CONTENT, PRODUCTS, MATERIALS AND SERVICES PROVIDED OR MADE AVAILABLE TO YOU THROUGH OUR WEBSITE, INCLUDING COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INCIDENTAL, MULTIPLE, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING) SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


  1. Indemnification. You shall indemnify, and hold harmless Belly and its directors, officers, employees, contractors, suppliers and representatives (“Indemnitees”) and, at Belly’s request, defend the Indemnitees for, from and against any liabilities, damages, judgments, awards, losses, costs or expenses (including reasonable attorneys’ fees and the fees of professional advisors) that arise from or relate to any claim by a third party arising from or in connection with: (a) your Content or our use of your Content in connection with the Services; (b) your violation of these Terms or any applicable law; or (c) any unauthorized use of your Account.


  1. Agreement to Arbitrate

    1. Mandatory Arbitration of Disputes; Arbitration Procedures. Except if you opt-out, you agree that all disputes between you and Belly (whether or not such dispute involves a third party) arising out of or relating to these Terms, including without limitation the Website and other Services, and Privacy Policy, shall be finally resolved by arbitration before a single arbitrator conducted in the English language in San Francisco County, California, USA, and with a seat in such location, under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). You and Belly shall appoint as sole arbitrator a person mutually agreed by you and us or, if you and Belly cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, application may be made to any court for a judicial acceptance of the award or order of enforcement. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms.

    2. Class Action Waiver. Any claims brought by you or Belly must be brought in such party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You agree and acknowledge that neither you nor Belly will participate in a class action or class-wide arbitration for any claims covered by these Terms. You hereby waive any and all rights to bring any claims related to these Terms and/or the Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You understand and agree that you may bring claims only on your own behalf.

    3. Opt-Out. You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify Belly in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, your Account to which the opt-out applies and a clear statement that you want to opt out of this Agreement to Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. You must use this address to opt out: Belly Holdings Inc., ATTN: Arbitration Opt-Out, amin@eatbellybar.com

    4. Effect of Changes on Arbitration. Notwithstanding any provision in these Terms to the contrary, you and Belly agree that if Belly make any change to the arbitration procedures (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Belly prior to the effective date of the change. Moreover, if Belly seek to terminate the arbitration procedures set forth in this Section 16 from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to the Website\ and shall not be effective as to any claim that was filed in a legal proceeding against Belly prior to the effective date of removal.

    5. Survival. In accordance with the survival provision of Section 9, this Section 17 shall survive the termination of your relationship with Belly.


  1. General Provisions.

    1. Governing Law and Disputes. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Subject to Section 17, any dispute arising out of or relating to these Terms shall be resolved exclusively in the state and federal courts sitting in the State of California.

    2. Compliance with Laws. You agree to comply with all applicable local, state, national, and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission and/or communication of content, in connection with your access to or use of any Services.

    3. Severability and Waiver. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed from these Terms, and the remainder of the Terms shall continue to be valid and enforceable. The failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

    4. Headings; Interpretation. Captions and headings contained in these Terms have been included for ease of reference and convenience and shall not be considered in interpreting or construing these Terms. Except where the context expressly requires otherwise: (i) the use of the singular will be deemed to include the plural (and vice versa); (ii) the words “include”, “includes”, “including” or “e.g.” will be deemed to be followed by the phrase “without limitation”; (iii) the word “will” will be construed to have the same meaning and effect as the word “shall”; (iv) the words “herein”, “hereof” and “hereunder”, or any word of similar import, will be construed to refer to these Terms in its entirety and not to any particular provision hereof; and (v) the term “or” will be interpreted in the inclusive sense commonly associated with the term “and/or”.

    5. Notice for California Users. Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.D.

    6. Entire Agreement. These Terms constitute the entire agreement between you and Belly with respect to its subject matter and supersedes all prior or contemporaneous agreements, communications and understandings, whether written or oral.

    7. Contact Information. If you have any questions about these Terms, please contact us via email at hello@eatbellybar.com.