Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Abraham Oviedo Services, LLC, doing business as Big Asere ("Company," "we," "us," or "our"). By accessing or using our website, mobile experience, or any related services (collectively, the "Service"), you agree to be bound by these Terms.

If you do not agree to these Terms in their entirety, you must immediately stop using the Service. Your continued use of the Service following any modifications to these Terms constitutes your acceptance of those modifications.

These Terms are effective as of the date first posted and supersede all prior versions.

2. Eligibility

To use Big Asere, you must meet the following requirements:

• You must be at least 18 years of age, or have verifiable parental or guardian consent if between the ages of 13 and 17.
• You must have a valid payment method accepted by our platform.
• You must be located within our delivery service area at the time of ordering.
• You must provide accurate, complete, and current contact and delivery information.

We reserve the right to refuse service to any individual at our sole discretion.

3. Service Description

Big Asere is a food delivery marketplace operating in the North Platte, Nebraska area. We connect customers with local restaurant partners, providing online ordering, payment processing, and — depending on the business model — delivery logistics.

Big Asere acts as a technology intermediary between customers and restaurants. We are not the food preparer. Food quality, safety, and accuracy of menu items are the sole responsibility of the restaurant partner.

We reserve the right to modify, suspend, or discontinue the Service or any part thereof at any time without notice.

4. Business Models

Big Asere operates under four distinct business models. The model applicable to your order depends on the participating restaurant:

5. Order Process

Orders follow these stages:

6. Payment

We accept all major credit and debit cards (Visa, Mastercard, American Express, Discover) processed securely through Stripe. We do not accept cash or alternative payment methods at this time.

• Security: All payment processing is handled exclusively by Stripe (PCI-DSS Level 1 certified). We never store, see, or have access to your full card number or CVV.
• Payment window: Payment must be completed within 10 minutes of initiating checkout. Unpaid orders will be automatically cancelled.
• Charges: You authorize us to charge your payment method for the full amount including subtotal, applicable delivery fee, taxes, and any tip you choose to add.
• Failed payments: If your payment fails, your order will not be placed. You will need to retry with a valid payment method.

7. Cancelaciones

8. Refund Policy

The following summarizes our refund policy. For full details, see our Refund Policy page.

• Order never delivered: Full refund, processed within 3–5 business days.
• Wrong or missing items: Partial refund reviewed on a case-by-case basis. Contact us with your order number and a description of the issue.
• Customer cancellation after preparation begins: No refund.
• Restaurant unable to fulfill: Full refund.

To request a refund, email support@bigasere.com with subject "Refund Request #[Order Number]".

9. Delivery Zones & Fees

Delivery fees are calculated based on the distance from the restaurant to your delivery address:

Delivery fees vary by distance. Check the current fee at checkout, before paying.

For deliveries beyond 6 miles, an additional per mile is added to the applicable zone fee.

Delivery fees are displayed at checkout before payment. Pickup orders have no delivery fee. Fees are subject to change with advance notice.

A flat $0.99 service fee applies to every order (delivery and pickup) and is itemized at checkout. Big Asere collects and remits applicable sales tax as a marketplace facilitator based on the delivery jurisdiction; the tax is calculated on the order subtotal after discounts plus delivery and service fees, and voluntary tips are never taxed. Free-delivery promotions (first order, Big Club) require a food subtotal of $15.00 or more.

10. Loyalty Program

Big Asere offers a loyalty points program to reward frequent customers:

• Customers earn 1 point per $1 spent on the order subtotal (excluding delivery fees, taxes, and tips).
• Big Club members additionally earn 3%–5% back in points on the food subtotal (3% base rate; up to 5% during promotions), plus free delivery on orders of $15 or more, exclusive members-only discounts, priority support, and early access to special promotions.
• Loyalty points have no cash value and cannot be redeemed for cash or transferred.
• Points may be redeemable for future discounts at Big Asere's discretion (feature availability may vary).
• Points earned on refunded orders will be adjusted or reversed accordingly.
• Big Asere reserves the right to modify, suspend, or terminate the loyalty program at any time with reasonable notice.

10A. SMS / Text Messaging Program

Big Asere sends transactional SMS (order confirmations, delivery status updates, and one-time passcodes) to customers who opt in at checkout on bigasere.com. Message frequency varies by order activity. Message and data rates may apply. Reply STOP to opt out, HELP for help. Support: (239) 391-9627 / support@bigasere.com. Carriers are not liable for delayed or undelivered messages.

Consent to receive SMS is collected directly by Big Asere through a dedicated checkbox at checkout. Consent is not a condition of purchase. Consent is specific to Big Asere and is not transferred from or shared with any other program.

Full details in our SMS Policy and Privacy Policy:

SMS Policy →  ·  Privacy Policy (SMS section) →

11. Restaurant Commission Policy

Restaurant partners agree to a commission structure as part of their Restaurant Partner Agreement. Commission is charged on the base food subtotal only (never on delivery fees or tips) and varies by model: Platform up to 18%, Pickup 12% (max 18%), BYOD 7%, and External 6%–15% + delivery fee. New partners may receive a 14-day launch period at 0% commission.

Where an optional menu markup is applied, it is disclosed to customers before checkout (no hidden fees). Commission plus markup combined may not exceed 25% (Platform/Pickup) or 15% (BYOD); the External model uses no markup. Commission rates may be adjusted with 7 days written notice.

Commission terms are confidential between Big Asere and each restaurant partner and are not disclosed to customers.

12. Prohibited Uses

You agree not to engage in any of the following prohibited activities:

• Placing fraudulent, false, or test orders with intent to deceive or disrupt
• Initiating unauthorized chargebacks or fraudulent payment disputes
• Abusing the refund system or making false claims about order issues
• Scraping, crawling, or automated data collection from our platform
• Attempting to gain unauthorized access to any part of our systems
• Interfering with or disrupting the Service or servers connected to the Service
• Using the Service for any unlawful purpose or in violation of applicable law
• Impersonating any person or entity, or falsely claiming affiliation with Big Asere

Violation of these prohibitions may result in immediate suspension or termination of your access and may be referred to law enforcement.

13. Intellectual Property

All content on the Big Asere platform — including but not limited to the name "Big Asere," our logo, design elements, website code, text, graphics, and user interface — is the exclusive property of Abraham Oviedo Services, LLC and is protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, or commercially exploit any content from our platform without prior written permission from us.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. Food quality, safety, accuracy, and allergen information are the sole responsibility of the individual restaurant partner. We make no representations or warranties regarding the quality of food prepared by restaurant partners.

Estimated delivery times are approximations only and are not guaranteed.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ABRAHAM OVIEDO SERVICES, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• $100.00 USD, or
• The total amount you paid to Big Asere in the 3 months preceding the event giving rise to the claim.

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

16. Indemnification

You agree to indemnify, defend, and hold harmless Abraham Oviedo Services, LLC and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your violation of any third-party rights, including intellectual property or privacy rights.

17. Arbitration & Dispute Resolution

• Governing Rules: Arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
• Location: Arbitration shall be conducted in the State of Nebraska, unless the parties mutually agree otherwise.
• No Class Actions: YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
• Small Claims Exception: Either party may bring claims in small claims court if the claim qualifies under applicable rules.
• Opt-Out: You may opt out of this arbitration agreement within 30 days of first using the Service by emailing support@bigasere.com with subject "Arbitration Opt-Out."

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law provisions.

To the extent any dispute is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Lincoln County, Nebraska.

19. Changes to These Terms

We reserve the right to modify these Terms at any time. For material changes that significantly affect your rights, we will provide at least 30 days' advance notice via email to your registered contact address.

Your continued use of the Service after the effective date of any modified Terms constitutes your acceptance of those changes. If you do not agree to the modified Terms, you must discontinue using the Service.

20. Definitions

• "Service" / "Platform" — Big Asere's website, apps, and ordering systems.
• "Restaurant" / "Partner" — a restaurant or food business listed on the Platform.
• "Driver" — an independent-contractor delivery driver, or a Restaurant's own driver under the BYOD model.
• "Order" — a food order you place through the Service.

21. Food Safety, Allergens & Food-Borne Illness

Food is prepared by the Restaurant, not Big Asere. The Restaurant is solely responsible for food safety, allergens, and any food-borne illness. If you have an allergy, you order at your own risk and should confirm ingredients with the Restaurant. Big Asere does NOT guarantee any item is allergen-free and is not liable for allergic reactions or illness.

22. Prohibited Items & Age Verification

You must be at least 18 years old to place an Order. Big Asere does NOT deliver alcohol, tobacco, vaping products, cannabis, or any age-restricted goods under any of our service models. These items are not available for ordering or delivery through the Service, even if the Restaurant sells them at its physical location. Any order found to contain such items will be cancelled. You may not use the Service to obtain any illegal, hazardous, or prohibited goods.

23. Delivery Terms

• Estimated times only: Delivery/prep times are estimates and NOT guaranteed.
• Accurate address: You must provide a correct address; orders to a wrong address are not refundable.
• No-contact delivery: No-contact drop-off is available; once left at the requested spot, risk of loss passes to you.
• If you are unavailable: If you can't be reached, the Driver may leave the order or depart after a short wait; such orders are not refundable.
• Packaging: The Restaurant is responsible for proper sealed packaging.
• Tips: Tips are optional, go 100% to the Driver, and are non-refundable once delivered.
• Charge authorization & chargebacks: You authorize Big Asere to charge your full Order total. A fraudulent chargeback for an order you received is a breach and may result in account termination and collection of the disputed amount.

24. Force Majeure

Big Asere is not liable for failure or delay caused by events beyond its reasonable control, including weather, disasters, pandemic, traffic, labor disputes, utility or payment-processor outages, or governmental action.

25. General Provisions

• Jury trial waiver: To the extent a dispute proceeds in court, you and Big Asere WAIVE any right to a jury trial.
• Statute of limitations: Any claim must be filed within ONE (1) YEAR or be permanently barred.
• Assignment: You may not assign; Big Asere may assign to a successor or affiliate.
• Severability & entire agreement: If any provision is unenforceable, the rest remains. These Terms and referenced policies are the entire agreement.
• Notices & waiver: Notices by email or in-app; contact us at support@bigasere.com. Non-enforcement is not a waiver.
• Survival & no third-party beneficiaries: Disclaimers, liability limits, indemnification, and arbitration survive termination. No third-party rights are created.
• Electronic acceptance: Using the Service is electronic acceptance, a binding signature under the E-SIGN Act and Nebraska's UETA.

26. Contact

For questions, concerns, or legal notices regarding these Terms of Service: