30
Grade D

Uber Eats Terms of Service

Uber Subsidiary | Last reviewed: January 2026

Overview

Uber Eats operates under Uber's broader terms of service, inheriting the rideshare company's battle-tested legal framework. This means Uber's extensive experience limiting liability and classifying workers as contractors applies to food delivery. The terms are among the most protective of the platform.

Customer Terms Concerns

Surge Pricing on Food

Like rideshare, Uber Eats can implement "busy pricing" that increases delivery fees during high-demand periods. Unlike a taxi meter, the algorithm determining these prices is opaque and can change mid-order.

Broad Liability Disclaimers

Uber disclaims liability for the actions of delivery partners, the quality of food, restaurant compliance with health codes, and delivery timing. Uber positions itself as merely a "technology platform" connecting parties.

Arbitration with Uber's Rules

Disputes go to arbitration under AAA rules with additional Uber-specific procedures. The arbitration clause has been extensively litigated and refined to maximize enforceability against consumers.

Cross-Platform Data Use

Your Uber Eats activity is combined with Uber rideshare data. If you use both services, Uber builds a comprehensive profile of your movements, spending, and preferences.

Driver Terms Concerns

Contractor Classification (Litigation Tested)

Uber has spent billions defending contractor classification in courts worldwide. Their terms are specifically drafted to maintain this classification despite controlling significant aspects of driver work.

Algorithmic Management

Drivers are managed by algorithm, which determines pay, assigns deliveries, and can deactivate accounts. There's no human manager to appeal to, and the algorithm's decisions are final.

Rating-Based Deactivation

Low ratings can lead to account deactivation. Ratings are influenced by factors outside driver control (restaurant delays, app issues, traffic), but drivers bear the consequences.

Uber's Legal Sophistication

Uber's terms benefit from years of litigation:

  • Arbitration clause has survived multiple legal challenges
  • Contractor classification defended globally
  • Liability limitations tested in courts
  • Terms updated to address each legal loss
  • Multi-jurisdictional compliance refined