Privacy Policy

Last Updated: April 2026

This Privacy Policy (“Policy”) describes how INDAY (“Company,” “we,” “us,” or “our”) collects, uses, discloses, and otherwise processes personal information in connection with your use of our website, mobile application, online ordering services, and related offerings (collectively, the “Services”).

1. Information We Collect

We may collect the following categories of personal information:

(a) Information You Provide

• Identifiers, including name, email address, and telephone number
• Account information and preferences
• Order and transaction information
• Communications, feedback, or support inquiries

(b) Automatically Collected Information

• Device and browser information
• IP address and approximate location
• Usage data, including interactions with the Services

(c) Payment Information

Payment information is processed by third-party payment processors. We do not store full payment card details.

2. Use of Information

We use personal information for the following purposes:

• To provide, operate, and maintain the Services
• To process transactions and fulfill orders
• To administer and manage accounts and rewards programs
• To communicate with users regarding orders, promotions, and updates
• To improve and analyze the performance of our Services
• To comply with legal obligations and enforce our terms

3. Disclosure of Information

We may disclose personal information to:

• Service providers, including ordering, payment, loyalty, analytics, and delivery partners
• Marketing and communications providers
• Professional advisors and legal authorities where required by law
• Successors in the event of a merger, acquisition, or sale of assets

All such disclosures are made in accordance with applicable law.

4. Marketing Communications

By providing your contact information, you consent to receive transactional and, where permitted by law, marketing communications.

You may opt out of marketing communications at any time by:

• Following unsubscribe instructions in emails
• Replying STOP to SMS messages (where applicable)

5. Data Retention

We retain personal information for as long as reasonably necessary to fulfill the purposes described in this Policy, unless a longer retention period is required or permitted by law.

6. Data Security

We implement reasonable administrative, technical, and physical safeguards designed to protect personal information. However, no system can be guaranteed to be completely secure.

7. Your Rights

Depending on your jurisdiction, you may have the right to:

• Access, correct, or delete your personal information
• Opt out of certain data uses
• Request information about how your data is processed

Requests may be submitted using the contact information below.

8. Children’s Information

The Services are not directed to children under the age of 13. We do not knowingly collect personal information from children.

9. Changes to This Policy

We may update this Policy from time to time. Any updates will be posted with a revised “Last Updated” date.

10. Contact Information

For questions regarding this Policy, please contact:

hello@indaynyc.com

Terms of Service

Last Updated: April 2026

These Terms of Service (“Terms”) govern your access to and use of the website, mobile application, online ordering services, and related offerings (collectively, the “Services”) provided by INDAY (“Company,” “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms.

1. Use of Services

You agree to use the Services solely for lawful purposes and in accordance with these Terms. We reserve the right, in our sole discretion, to suspend or terminate access to the Services for conduct that violates these Terms or is otherwise harmful to the Company or other users.

2. Orders and Transactions

• All orders are subject to acceptance and availability
• We reserve the right to refuse, cancel, or modify orders at any time
• Prices, menu items, and availability are subject to change without notice
• Delivery services may be provided by third-party providers

All payments are processed through third-party payment processors.

3. Accounts

• Users may create accounts using a phone number and/or email address
• You are responsible for maintaining the accuracy and security of your account information
• Accounts are non-transferable and intended for individual use only

We reserve the right to suspend or terminate accounts suspected of fraud, abuse, or misuse.

4. INDAY Rewards Program

INDAY may offer a rewards or loyalty program (the “Rewards Program”), which is subject to the following terms:

4.1 Earning Rewards

• Rewards may be earned through qualifying purchases, which are generally orders of $12 or more (before taxes and fees)
• Not all orders, menu items, or transactions may qualify
• Eligibility and reward types may vary by promotion

4.2 Mystery Tiffin

• Qualifying purchases may unlock a randomized reward experience (“Mystery Tiffin”)
• Mystery Tiffins must be opened within the timeframe indicated in the app or offer
• Once opened, rewards must be redeemed prior to expiration

Unopened or unredeemed rewards may expire and will not be reissued.

4.3 Redemption of Rewards

• Rewards may be subject to additional conditions, including minimum purchase requirements or specific item eligibility
• Only one reward may be redeemed per order unless otherwise expressly stated
• Rewards may not be combined with other offers, promotions, or discounts unless explicitly permitted
• Rewards are non-transferable, have no cash value, and may not be exchanged or substituted

4.4 Expiration and Availability

• Rewards expire as indicated in the applicable offer or within the app
• Availability of rewards, menu items, and offers may vary by location and time
• Rewards are subject to availability and may be limited or discontinued without notice

4.5 Errors and Technical Issues

In the event that a reward fails to apply correctly due to technical issues, system errors, or other factors:

• Users may contact us at hello@indaynyc.com
• We may review and resolve such issues at our sole discretion

Rewards are not guaranteed in cases involving:

• expired offers
• failure to meet eligibility requirements
• system or technical errors

4.6 Program Changes

We reserve the right to modify, suspend, or terminate the Rewards Program at any time, including changes to:

• qualifying thresholds
• reward structures or types
• expiration periods
• availability or eligibility

Such changes may be made without prior notice.

4.7 Abuse and Misuse

We reserve the right to revoke rewards, cancel orders, or suspend or terminate accounts in cases of suspected:

• fraudulent activity
• creation or use of multiple or duplicate accounts
• manipulation or abuse of the Rewards Program
• any activity inconsistent with the intended use of the program

5. Third-Party Services

The Services may integrate with or rely upon third-party providers for ordering, payments, delivery, communications, and loyalty program functionality. We are not responsible for the performance, actions, or omissions of such third parties.

6. Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

7. Limitation of Liability

To the fullest extent permitted by law, INDAY shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the Services or participation in the Rewards Program.

8. Indemnification

You agree to indemnify, defend, and hold harmless INDAY and its affiliates from any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Services or violation of these Terms.

9. Governing Law

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

10. Changes to Terms

We reserve the right to modify these Terms at any time. Continued use of the Services following any changes constitutes your acceptance of such changes.

11. Contact

For questions regarding these Terms, please contact:

hello@indaynyc.com