Last updated: August 6, 2026
This agreement governs the relationship between Bentonville Digital LLC, operating as DriverEats, EIN 42-3525220 ("DriverEats") and independent delivery contractors ("Contractor") who use the DriverEats platform to provide delivery services.
Contractor is an independent contractor, not an employee, agent, or partner of DriverEats. DriverEats does not control the means or manner in which Contractor performs delivery services. Contractor has the right to perform services for other companies and individuals, including competing delivery platforms, simultaneously with performing services through DriverEats.
Nothing in this Agreement shall be construed to create an employment relationship between Contractor and DriverEats. DriverEats does not provide Contractor with a W-2, employment benefits, workers' compensation, unemployment insurance, health insurance, paid time off, or retirement benefits.
Contractor agrees to provide on-demand delivery services including food, parcel, and haul deliveries to customers in the DriverEats service area. Contractor may accept or decline any delivery offer through the platform at their sole discretion.
Contractor is compensated per completed delivery based on the formula published at drivereats.com/driver/pay. Contractor retains 100% of tips. For Contractors with a connected Stripe account, earnings are transferred to Contractor's Stripe balance upon delivery completion, with payouts to Contractor's bank on Stripe's standard schedule or via optional instant payout to a debit card (instant payout fees are charged by Stripe to Contractor). Contractors electing Cash App are paid weekly by manual disbursement.
DriverEats does not guarantee a minimum number of deliveries, minimum earnings, or minimum pay per hour. Compensation is contingent on accepted and completed delivery offers.
This Section 3a describes how Contractor accesses the platform and how Contractor is paid. It supplements Section 3 and controls over Section 3 in the event of any conflict regarding pricing or the flow of delivery payments.
DriverEats provides Contractor with access to dispatch, routing, and payment-clearing software on a software-as-a-service basis. Contractor is an independent business that sets its own delivery prices, decides which offers to accept, and keeps 100% of the delivery fees, tips, and any upsell or perk revenue Contractor earns. DriverEats does not set Contractor's prices and takes no commission, percentage, or share of Contractor's delivery fees or tips. Any price DriverEats may display as a suggested or reference amount (including any "up to" ceiling) is a suggestion only; Contractor is free to set a different price.
Software access to accept and complete deliveries is provided at no charge: there is no per-delivery software fee and no monthly fee required to use the platform to drive. Contractor may optionally subscribe to a Premium plan — a flat monthly software subscription of $7.99 per month (or free for founding drivers where offered) — that unlocks additional, non-essential platform tools such as route optimization, demand insights, and priority features. The Premium plan is entirely optional and is not required to accept offers, complete deliveries, or be paid. These are software-license and dispatch-service fees for use of the platform; they are not a commission on, or a percentage of, Contractor's delivery earnings. Fee amounts are disclosed in the app and may be updated on notice. Contractor may start or cancel Premium at any time in the app.
Contractor must keep a valid, funded payment method on file only to maintain the optional Premium subscription. If a Premium charge fails, DriverEats will attempt automated retries; if payment is not completed within the retry and grace period, Contractor's Premium features are paused, but Contractor retains full free access to accept and complete deliveries and be paid — Contractor is never locked out of the platform for non-payment of Premium. Updating a valid payment method restores Premium. Contractor acknowledges that these automated billing steps may change only the optional Premium features available to Contractor, and that DriverEats is not liable for any delivery income, opportunities, or other independent revenue Contractor does not earn as a result of a lapsed payment method or paused Premium.
Before accepting delivery offers, Contractor must complete onboarding of Contractor's own Stripe Express connected account. Payment for Contractor's delivery service is made by direct charge to that connected account, and the customer receives a receipt for the delivery service that is separate from any receipt issued by the restaurant or merchant for food or goods. DriverEats does not hold, escrow, or route Contractor's delivery earnings and is not a party to the underlying transaction between Contractor, the customer, and any merchant. Disputes about an order or a delivery are resolved directly between the members involved; DriverEats may provide a communication and record trail but does not hold the funds and does not fund refunds.
Contractor is solely responsible for all federal, state, and local taxes on earnings from DriverEats, including self-employment tax. DriverEats does not withhold income taxes or FICA contributions. DriverEats will issue a 1099-NEC for any Contractor earning $600 or more in a calendar year.
Contractor is responsible for their own vehicle, fuel, maintenance, insurance, smartphone, data plan, and any other equipment required to perform delivery services. DriverEats does not reimburse these costs.
Contractor must maintain, at all times while performing deliveries using a motor vehicle, an auto insurance policy that covers delivery and business use — either a commercial auto policy, or a personal auto policy carrying a business-use or delivery endorsement. Contractor acknowledges that a personal auto policy without such an endorsement typically excludes delivery-for-pay and may not respond to a claim arising during delivery. Contractor is solely responsible for maintaining coverage that responds to their delivery activity. Bike couriers must maintain their own equipment in safe working condition.
As an independent contractor, Contractor is not covered by DriverEats workers' compensation insurance and is not eligible for DriverEats unemployment benefits. Contractor is solely responsible for obtaining and maintaining their own health insurance, disability insurance, and any other personal insurance coverage they deem appropriate.
DriverEats does not provide, subsidize, or contribute to any health, dental, vision, life, disability, or accident insurance coverage for Contractor. Contractor acknowledges this arrangement before accepting delivery offers through the platform.
DriverEats is a cargo-only platform. No rideshare, passenger transport, or TNC services are offered.
Certain delivery types (for example, alcohol) require Contractor to be enabled for that delivery type in the platform and to follow DriverEats' handling requirements for it — such as verifying the recipient's government-issued 21+ photo ID and obtaining a signature at delivery, and transporting sealed alcohol in compliance with applicable law. DriverEats does not charge a fee for this.
Contractor is solely responsible for holding a valid driver's license (for motor vehicle deliveries), any required insurance, and all other credentials and eligibility to perform deliveries, and for complying with all applicable federal, state, and local laws at all times. DriverEats reviews each application and may verify the credentials, documents, and information Contractor submits as part of onboarding. See our Driver Review Policy for the process.
Contractor consents to GPS location tracking while online on the DriverEats platform. Location data is collected at 15-second or 50-meter intervals and is used for dispatch routing and safety. Location data is retained for 90 days and then permanently deleted. GPS data will never be falsified or mocked — doing so results in immediate deactivation.
Crash detection (safety feature): during an active delivery only, the DriverEats driver app uses the phone's built-in motion sensors to detect a possible vehicle collision — the same principle as the crash-detection features built into modern phones. No hardware is installed in Contractor's vehicle. If a possible crash is detected, the app first asks Contractor to confirm they are OK; only if Contractor requests help or does not respond does the app alert DriverEats support with Contractor's location. It does not contact emergency services automatically. Sensor monitoring is inactive outside active deliveries, including while online but not delivering.
Driving-pattern safety review: during active deliveries the app also records non-emergency safety signals (for example, frequent hard braking). These are reviewed by DriverEats safety staff as trends over time solely to identify genuine safety risk. They are a safety tool, not a performance metric — they are never used in pay, dispatch priority, or scoring.
DriverEats reserves the right to deactivate Contractor's access to the platform for violation of this Agreement or the platform's Terms of Service, including but not limited to: GPS fraud, fake account creation, verified customer misconduct, or failure to maintain required certifications.
One-strike policy: disrespectful treatment of a customer or restaurant is grounds for immediate deactivation on a single confirmed incident — no warning, no graduated response. This specifically and explicitly includes, regardless of tip amount received or expected: tampering with, consuming, or withholding any part of a customer's order; pressuring or demanding that a customer provide a specific tip amount, publicly or privately; and any threat or act of retaliation tied to a tip amount.
If Contractor has a delivery already in progress at the time of a reported incident, Contractor may complete that delivery. Contractor may not log on or go available again after that point while the incident is under review.
For all other deactivation causes, DriverEats will provide written notice and a 5-day appeal period, except in cases of immediate safety risk, fraud, or theft. Deactivation is not a termination of employment — no employment law protections apply to this relationship.
Any disputes arising from this Agreement are subject to binding arbitration under the terms set forth in DriverEats' Terms of Service — §13 Dispute Resolution.
This Agreement is governed by the laws of the State of Arkansas, without regard to conflict of law provisions.
By completing and submitting a DriverEats driver application, Contractor agrees to the terms of this Independent Contractor Agreement and the DriverEats Terms of Service.