MaYa Delivery

Business Courier Terms: Default Template, MaYa Delivery (United States)

The default terms of a business for its couriers. Each business may edit its own; the app shows yours before you start.

Status of this document: this is the default text loaded into the "Courier terms" field of each location's delivery settings. The Business may edit it. The courier accepts the terms of each location on first sign-in to it and on every new version. The parties are the courier and the Business. MyShop is not a party to these Terms; it only provides the software to the Business.

Version: set per location (updated on every save) · Template: 2026-10-US

IMPORTANT, PLEASE READ. Section 19 contains an arbitration agreement and class-action waiver. Unless you opt out within 30 days (Section 19.10), disputes between you and the Business will be resolved by individual binding arbitration, and you waive your right to a jury trial and to participate in a class or representative action.

In short (not a substitute for the full terms): You deliver for the Business you signed in to, and only for that Business. MyShop only provides the software to the Business and is not a party to these Terms. MyShop is not your employer, not your client, not a joint employer, not a staffing agency, and not a party to any delivery. MyShop is not responsible for your pay, taxes, insurance, accidents, traffic tickets, food, cash, or customer disputes. Your location is collected only while a shift is open.

1. Parties and Scope

1.1. These terms ("Terms") are the Business's terms for its couriers. They govern deliveries you perform for the Business and your use of the MaYa Delivery mobile application (the "App"). The App is provided to the Business by My Shop USA Inc., 1590 NE 162nd St, Suite 500, North Miami Beach, FL 33162 ("MyShop").

1.2. These Terms are between you and the Business. MyShop is not a party to them and is not a party to your relationship with the Business.

1.3. "Business" means the restaurant, store, or other merchant whose name is shown on the sign-in and acceptance screens, which created your account in its MyShop admin panel and for which you perform deliveries. In a network, the terms of the location you sign in to apply.

1.4. By checking the box (which is never pre-checked) and tapping "Accept and continue," you agree to these Terms and acknowledge the Courier Privacy Notice. You agree that this constitutes your electronic signature under the federal E-SIGN Act and applicable state law. If you do not agree, do not use the App and contact the Business.

1.5. The system records your acceptance (courier ID, location, the location's Terms version, timestamp, IP address, device details, display language, the Business name shown to you, and a hash of the exact text shown) as evidence of your agreement.

2. Definitions

3. You Deliver for the Business, and Only the Business

3.1. You acknowledge and agree that:

(a) You perform Deliveries only for the Business. Your engagement, whether as an employee, independent contractor, or otherwise, is solely with the Business and is determined by you and the Business.

(b) The Business alone is responsible to you for every matter arising from your engagement, including: wages or compensation, overtime, minimum wage, tips, expense reimbursement (fuel, vehicle, phone, data plan), benefits, payroll taxes and withholding, tax forms (W-2/1099), workers' compensation, unemployment insurance, paid leave, meal and rest breaks, scheduling, work instructions, safety training, vehicles, licensing, background checks, and all insurance (including auto liability, commercial auto, occupational accident, and general liability).

(c) The Business alone decides whether to use you, when, at which locations, which Deliveries to assign to you, whether to block you at a location, and whether to disable your account.

(d) The Business alone is responsible for your conduct as its courier toward Customers and third parties, as between MyShop and the Business.

(e) Any question, complaint, demand, or claim about your engagement, pay, working conditions, safety, or an incident during a Delivery must be directed to the Business only.

3.2. The Business's name is displayed at every sign-in and on the acceptance screen. If the name is wrong, do not accept; contact the Business.

4. No Relationship Between You and MyShop

4.1. MyShop is solely a software provider to the Business. Nothing in these Terms or in your use of the App creates any employment, independent-contractor, agency, partnership, joint-venture, franchise, fiduciary, or joint-employer relationship between you and MyShop (or MaYa).

4.2. MyShop does not: recruit or hire you; pay you; set your hours, shifts, rates, or pay; offer you delivery requests or connect you with Customers; assign Deliveries (the Business assigns them manually); supervise, rate, or discipline you; or provide you a vehicle, equipment, or insurance. MyShop does not operate a marketplace for couriers.

4.3. App features, including the live map, delivery history, notifications, location-level blocking, and account deactivation, are tools the Business uses at its sole discretion. Their availability does not make MyShop your employer, supervisor, or a party to your relationship with the Business.

4.4. You have no authority to bind MyShop and must not represent yourself as an employee, agent, or courier of MyShop or MaYa.

4.5. MyShop owes you no wages, compensation, reimbursement, benefits, or other payment of any kind.

5. MyShop Is Not a Party to Any Delivery

5.1. Each Delivery is a transaction between the Business and its Customer, performed by you for the Business. MyShop does not sell, prepare, transport, or handle any goods and is not a party to any Delivery.

5.2. To the fullest extent permitted by law, MyShop is not responsible for: motor-vehicle accidents, bodily injury, or property damage to you or anyone else; insurance of any kind; wages, compensation, or taxes; traffic or parking tickets, towing, or moving violations; food quality, safety, temperature, packaging, allergens, or missing or incorrect items; collection, custody, loss, or theft of cash or payment instruments; disputes, complaints, or damages among you, the Business, and Customers; or delays, failed deliveries, or delivery to the wrong person.

6. Eligibility

You must be at least 18 years old and legally permitted to perform deliveries where you operate. The Business is responsible for verifying your eligibility, driver's license, vehicle registration, and insurance.

7. Account, Sign-In, and Security

7.1. Your account is created and managed by the Business (business/project name, username, and password defined by the Business). Each time you sign in you also enter your phone number, and a one-time verification code is sent by SMS only if it is the number the Business registered for you. You consent to receive these transactional SMS messages; message and data rates may apply. MyShop does not send you marketing SMS.

7.1A. Your account exists only at the Business that created it and gives access to that Business only. A restaurant network is one project: one sign-in covers all of its locations except locations that have blocked you. There is no account shared across Businesses, no account linking, and no shared sign-in. The App works with one Business at a time; to deliver for another Business, sign out and sign in with that Business's project name and the credentials that Business gave you.

7.2. Keep your password and verification codes confidential. Do not share your account or a signed-in device. Notify the Business promptly of any unauthorized use.

7.3. App access depends on a license the Business holds for you. The Business buys App usage licenses from MyShop and assigns them to its own couriers. Only a courier to whom the Business has assigned a license can sign in to the App. If the Business removes your license, moves it to another courier, or stops the service, your App access ends immediately and the App signs out; any open Delivery of yours goes back to the Business for reassignment. The license is solely a matter between the Business and MyShop: you do not pay for it, and it does not change Sections 3–4. Removing the license does not delete your account with the Business, and the Business may keep working with you outside the App.

8. Location, Required

8.1. Location services are required. Without location permission, with GPS off, or without a location fix for 2 minutes, you cannot open a Shift and cannot be assigned Deliveries.

8.2. Location is collected only while a Shift is open, including in the background. No location is collected when your Shift is closed. Outside a Delivery you have picked up, MyShop stores only your last known position, which is deleted after the Shift closes. During a Delivery you have picked up (from "Picked up" until delivery), your positions are stored as the route from pickup to delivery, with that order only, as part of the Business's order records, and are not deleted. No route is stored outside a picked-up Delivery. The distance (in meters) between you and the drop-off at delivery is also saved on that Delivery record, as part of the Business's order records, and kept as long as those records. Shift records (open/close times and summaries) are automatically deleted 90 days after the Shift closes.

8.3. Your location is shown to the Business on its live map during your Shift. To the Customer of an order you picked up: when you mark "Picked up," a tracking link is created for that order, sent to the Customer inside the existing pickup message, and also shown by the "track courier" button in the Customer's order history. The link opens a map branded with the Business, showing your first name only, your live position (refreshed every few seconds), and the route from pickup. Your phone number is never shown to the Customer; the Customer contacts the Business, not you. After delivery the link stops showing your position and shows "delivered."

8.4. By opening a Shift you expressly consent to this location tracking, including for purposes of California Penal Code § 637.7 and similar laws. You may withdraw consent at any time by closing your Shift or revoking the permission in your device settings, but you cannot perform Deliveries without location.

8.5. You must not spoof, simulate, or interfere with your location.

9. Customer Information

9.1. Customer information (name, phone, address, notes) is provided solely to complete the Delivery and is confidential.

9.2. Thirty (30) minutes after a Delivery is completed, the App masks the Customer's phone number (e.g., 305-XXX-X456), last name, and full address. A Delivery reassigned to another courier or canceled is masked at once.

9.3. You must not screenshot, copy, store, or record Customer information; contact a Customer for any purpose other than the current Delivery; share Customer information with anyone; or use it for any other purpose.

9.4. Proof-of-delivery photo (only if the Business turns it on). The Business may turn on "Proof of delivery" for a location. When it is on, you must take a photo of the delivered order with the App's camera when you close the Delivery, and "Delivered" cannot be marked without it; for "Customer not found" the photo is optional. The photo has one purpose: proof of delivery for the Business. When taking it: - Photograph only the order and where you left it (door, entrance, counter). Do not photograph people or faces, not the Customer, neighbors, children, or yourself, and do not photograph inside a home, license plates, documents, or anything not needed to show the delivery. If a person enters the frame, retake the photo. - Photos are taken only with the App's camera at the moment of delivery; you may not upload from your gallery, edit a photo, or reuse an old one. - Do not keep a copy outside the App, share it, or use it for any other purpose. The photo is stored with the order and shown to the Business only, with the capture time and your name. Sections 9.1–9.3 apply to the photo as Customer information. A photo that does not show the delivery, or a reused photo, is marking an action that did not occur (Section 12).

10. Safe Driving

10.1. Do not use the App while driving or riding. Pull over to a safe, lawful location before interacting with the App. Comply with all hands-free and distracted-driving laws.

10.2. You and the Business alone are responsible for safe operation, compliance with traffic laws, a valid license, vehicle registration and insurance, and safety equipment.

10.3. ETAs, navigation, and alerts are estimates only and are never an instruction to speed or take a particular road.

11. Cash, Tips, and Payments

Marking an order "collected" is your statement to the Business that you received the amount. Settlement of cash, change, tips, and shortages is solely between you and the Business. MyShop does not hold, transfer, or process your compensation or cash you collect.

12. Acceptable Use

Use the App only to perform Deliveries for the Business. Do not: share your account; mark a pickup or delivery that did not occur; photograph people or faces in a proof-of-delivery photo, or reuse a photo; circumvent security; reverse-engineer, copy, or modify the App; or use the App unlawfully.

13. Privacy and Data Roles

13.1. The Business decides why and how your work data is processed and is the "business" (controller) for that data. MyShop processes it on the Business's behalf as a service provider / processor (including under the California Consumer Privacy Act, as amended).

13.2. MyShop also uses limited data for its own purposes: security and fraud prevention, recording your acceptance of these Terms, App stability, and legal compliance.

13.3. Details are in the Courier Privacy Notice, which is incorporated into these Terms.

14. License and Intellectual Property

MyShop grants you a personal, limited, non-exclusive, non-transferable, revocable license to use the App to perform Deliveries for the Business. All rights in the App, the MaYa name, and MyShop marks are reserved. Feedback you provide may be used by MyShop without obligation.

15. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, MYSHOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE APP, MAPS, LOCATION, ETAS, OR NOTIFICATIONS WILL BE ACCURATE, UNINTERRUPTED, OR ERROR-FREE.

16. Assumption of Risk

Delivering involves inherent risks, including traffic, weather, road conditions, vehicle failure, interactions with Customers and third parties, handling food and cash, and crime. As between you and MyShop, you voluntarily assume these risks. This Section does not limit any rights you may have against the Business (including workers' compensation, if applicable) or any right that cannot be waived by law.

17. Limitation of Liability

17.1. TO THE FULLEST EXTENT PERMITTED BY LAW, MYSHOP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST WAGES, EARNINGS, PROFITS, OR DATA, ARISING FROM OR RELATED TO THE APP OR ANY DELIVERY.

17.2. MYSHOP'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE APP WILL NOT EXCEED THE AMOUNTS PAID BY THE BUSINESS TO MYSHOP FOR USE OF THE APP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

17.3. These limitations do not apply to liability that cannot be limited under applicable law, including (where applicable) liability for fraud, willful injury, gross negligence, or violation of law (e.g., California Civil Code § 1668). Some states do not allow certain exclusions, so some of the above may not apply to you.

18. Indemnity

You will defend, indemnify, and hold harmless MyShop from third-party claims, losses, and reasonable attorneys' fees arising from: (a) your breach of Sections 7–12; (b) your misuse of Customer information or proof-of-delivery photos; (c) location spoofing or marking an action that did not occur; or (d) your violation of law, except to the extent caused by MyShop. MyShop will notify you promptly and let you participate in the defense. This Section does not require you to indemnify MyShop for obligations the Business owes you, and applies only to the extent permitted by law.

19. Arbitration Agreement and Class-Action Waiver

19.1. Agreement. You and the Business agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your deliveries for the Business (each a "Dispute") by binding individual arbitration, except as stated below.

19.2. Governing arbitration law. This agreement is governed by the Federal Arbitration Act ("FAA"). If the FAA is held not to apply (including under the transportation-worker exemption of 9 U.S.C. § 1), it is governed by the arbitration law of the State in Section 20.

19.3. Delegation. The arbitrator decides all questions of arbitrability, including scope, validity, and enforceability, except that a court decides any question about the class-action waiver (19.6), the mass-arbitration procedures (19.8), and whether a claim is excluded under 19.4.

19.4. Exclusions. Either party may bring an individual claim in small-claims court. Excluded from arbitration: claims for intellectual-property infringement or misuse; claims of sexual assault or sexual harassment that you elect to bring in court under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act; claims for public injunctive relief, which will be stayed pending individual arbitration and then decided by a court; and any claim that by law cannot be subject to pre-dispute arbitration.

19.5. Pre-arbitration notice. Before filing, the claimant must send a written notice describing the Dispute and the relief sought (to the Business at its contact details in Section 25; to you at your registered phone number). The parties will attempt to resolve it informally for 30 days. Limitation periods are tolled during this time.

19.6. Class and representative waiver. YOU AND MYSHOP WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, and the arbitrator may award relief only to the individual claimant. For claims under the California Private Attorneys General Act (PAGA), individual PAGA claims will be arbitrated, and non-individual PAGA claims will be stayed pending the arbitration, to the extent permitted by law. If this waiver is found unenforceable as to any claim, that claim (only) will proceed in court, stayed pending arbitration of the remaining claims, and will not be arbitrated on a class basis.

19.7. Rules, fees, and location. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or such other AAA rules the AAA determines apply). MyShop will pay all AAA filing, administration, and arbitrator fees in excess of the filing fee you would pay in court, and will pay them on time as required by law. The hearing will be held in the county where you perform Deliveries or by video. The arbitrator may award any individual relief available in court and must issue a reasoned written decision.

19.8. Mass arbitration. If 25 or more similar demands are filed by or with the assistance of the same counsel or coordinated group, they will be administered in batches of up to 25 per batch, one arbitrator per batch, with the next batch starting after the previous one concludes; fees will be assessed per batch. Statutes of limitation are tolled for demands awaiting a batch.

19.9. JURY WAIVER. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, YOU AND MYSHOP WAIVE THE RIGHT TO A JURY TRIAL, to the extent permitted by law.

19.10. 30-day right to opt out. You may opt out of this arbitration agreement by sending, within 30 days after you first accept these Terms, an email to legal@myshoptechnologies.com (or a letter to the address in Section 25) stating your name, the phone number on your account, the Business name, and that you opt out of arbitration. Opting out has no other effect on your use of the App or on your relationship with the Business. An opt-out from a prior version remains effective.

19.11. Changes. MyShop will give 30 days' notice of any material change to this Section. A change will not apply to a Dispute of which MyShop had notice before the change took effect.

19.12. Survival and severability. This Section survives termination. Except as stated in 19.6, if any part is found unenforceable, the rest remains in effect.

20. Governing Law and Venue

These Terms are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law rules, and without depriving you of protections of mandatory laws of the state where you reside or perform Deliveries. Subject to Section 19, the exclusive venue is the state and federal courts located in Miami-Dade County, Florida.

21. Changes to These Terms

The Business may update these Terms in its location settings. When a new version is saved, the App will show an acceptance screen, and you cannot continue using the App without accepting. Changes do not apply retroactively to events before they take effect.

22. Blocking, Deactivation, and Account Deletion

22.1. The Business may block you at any location, remove your App license (Section 7.3), or disable your account at any time, effective immediately.

22.2. MyShop may suspend access for suspected misuse, security risk, or violation of law, and will inform the Business.

22.3. You can delete your account yourself at any time, in the App (Settings → Delete account). Deletion takes effect immediately (if you have picked up an order that is not yet delivered, after that Delivery is completed): your account is marked deleted, your sign-in credentials are cleared, your phone number is replaced by its masked form, access ends, and the App erases its data from your device. No records are erased: the Business's order and delivery records and the record of your acceptance of these Terms (kept for 7 years) remain. You can also request the same deletion on the web at https://myshoptechnologies.com/maya-delivery/support#delete (the Business's project name, your phone number, and an SMS code). The Business is notified and may also disable your account.

23. App Stores

23.1. These Terms are between you and the Business only, not Apple Inc. or Google LLC. Apple and Google are not responsible for the App, its content, maintenance, or support.

23.2. Apple-specific. If you downloaded the App from Apple's App Store: (a) your license is limited to Apple-branded devices you own or control, as permitted by Apple's Usage Rules; (b) Apple has no obligation to provide maintenance or support; (c) if the App fails to conform to any applicable warranty, you may notify Apple, and Apple's sole obligation is to refund any purchase price (none for this App); Apple has no other warranty obligation; (d) Apple is not responsible for product-liability, legal-compliance, or consumer-protection claims, or for third-party intellectual-property claims; (e) you represent that you are not located in a U.S.-embargoed country and are not on any U.S. government restricted-party list; (f) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

24. Electronic Communications

You consent to receive notices, disclosures, and updates electronically through the App, SMS, or email. You may print or save them at any time.

25. Contact

26. General

Entire agreement (with the Privacy Notice); severability; no waiver; you may not assign these Terms; neither party is liable for delays caused by events beyond its reasonable control; the English version controls; these Terms are shown in the language the Business wrote them in (the default template is English), and the language shown to you is recorded.

Links

MaYa Delivery · Courier support and account deletion · Privacy Policy