Terms of Service

Last updated: [LAST UPDATED] · Effective: [EFFECTIVE DATE]

Draft — not legal advice. Review with a licensed attorney before use. See README.

These Terms of Service ("Terms") are a binding agreement between you and [COMPANY LEGAL NAME] ("[PLATFORM NAME]," "we," "us," or "our"), governing your access to and use of the [PLATFORM NAME] websites, mobile apps, and related services (collectively, the "Platform"). By creating an account, placing an order, listing food, or otherwise using the Platform, you agree to these Terms, our Acceptable Use Policy, and our Privacy Policy. If you do not agree, do not use the Platform.

1. What [PLATFORM NAME] is (and is not)

[PLATFORM NAME] is an online marketplace and technology provider that connects:

• Customers, who discover, order, and reserve food and catering;
• Cooks, cooking teams, and food companies ("Vendors"), who list dishes, fulfill orders, and offer catering; and
• Third‑party delivery providers (e.g., couriers and parcel carriers) selected at checkout.

We are not the maker, seller, preparer, or handler of any food, and we are not a delivery carrier. Vendors are independent third parties solely responsible for the food they prepare and for their compliance with law. We do not guarantee the quality, safety, legality, or availability of any listing, and we are not a party to the contract for the sale of food between a Customer and a Vendor, except as limited payment collection agent as described in Section 6. Additional terms for Vendors appear in the Chef/Vendor Agreement.

2. Eligibility and accounts

• You must be at least [MINIMUM AGE] years old and able to form a binding contract. The Platform is not directed to children.
• You may register with an email and password or through a supported third‑party login (e.g., Google, Facebook, Microsoft). You are responsible for all activity under your account and for keeping your credentials secure.
• We may require verification of your email and, for Vendors, a phone number and other information before certain features are enabled.
• You agree to provide accurate information and to keep it current. We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose risk to users, us, or third parties.

3. Orders, reservations, and catering

• Immediate orders. When you place an order, you make an offer to purchase from the Vendor. A binding order forms when payment is authorized/captured and the order is accepted. Some dishes are made‑to‑order and may require the Vendor to be available or to approve the order before it is worked; others are stocked or ship frozen on a selected day.
• Reservations and catering. Reservations and catering are negotiated directly between you and the Vendor through the Platform's messaging, including proposed time, price, and (optionally) an itemized catering plan. Price is set by mutual agreement between you and the Vendor; any price "recommendation" shown is an estimate for convenience only and is not binding. Either party may change terms before both parties accept; changing the deal (time, price, dishes, quantities, or attendees) revokes any prior acceptance and requires re‑acceptance.
• Availability and changes. Listings, prices, stock, and availability may change at any time. We are not responsible for Vendor errors, sold‑out items, or a Vendor's failure to fulfill.

4. Delivery, pickup, and shipping

• Delivery is performed by third‑party providers you select at checkout (or by parcel carriers for frozen items), not by us. Delivery windows and tracking are estimates provided by those providers.
• You are responsible for providing an accurate delivery address and instructions and for being available to receive perishable food. Risk of loss for food passes according to the arrangement between you, the Vendor, and the delivery provider.
• Perishable and temperature‑sensitive food must be handled promptly. See the Food Safety & Liability Waiver.

5. Pricing, taxes, and fees

• Prices are shown in the currency indicated at checkout and may include item prices, delivery fees, service or platform fees, and applicable taxes.
• You authorize us (and our payment processor) to charge your selected payment method for the total shown, including any tips and post‑order adjustments you approve.
• Vendors are responsible for the correct pricing of their listings and for their own tax obligations; we may collect and remit taxes where required.

6. Payments (Stripe) and payouts

• Payments are processed by Stripe. By paying, you also agree to Stripe's applicable terms. We do not store full card numbers; card data is handled by Stripe.
• We act as the Vendors' limited payment collection agent for the sole purpose of accepting payment on their behalf. Payment to us satisfies your payment obligation to the Vendor.
• Vendor payouts are made through Stripe Connect. We retain a platform fee/commission as disclosed to Vendors (see the Chef/Vendor Agreement). Payouts may be held for a period to accommodate refunds and disputes.

7. Refunds, cancellations, and disputes

Refunds and cancellations are governed by the Refund & Cancellation Policy. We may, in our discretion and as a service, mediate disputes, issue refunds, or reverse payouts, but we are not obligated to do so and this does not make us the seller of food.

8. User content, listings, reviews, and messages

• You retain ownership of content you submit (listings, photos, videos, reviews, messages, profile information). You grant us the license described in the Copyright & DMCA Policy to operate the Platform.
• You are responsible for your content and must have the rights to submit it. Reviews must reflect genuine experiences. We may remove content that violates the Acceptable Use Policy or the law.

9. Acceptable use

Your use of the Platform is subject to the Acceptable Use Policy, which is incorporated into these Terms. Prohibited conduct includes, without limitation, illegal activity, unsafe food handling, fraud, harassment, and interfering with the Platform's operation.

10. Intellectual property

The Platform, including its software, design, trademarks, and content we provide, is owned by [COMPANY LEGAL NAME] or its licensors and is protected by law. We grant you a limited, revocable, non‑exclusive, non‑transferable license to use the Platform for its intended purpose, subject to these Terms. You may not copy, modify, reverse‑engineer, scrape, or create derivative works except as permitted by law.

11. Third‑party services

The Platform integrates third‑party services (e.g., Stripe for payments; delivery providers; email/SMS providers; mapping/geocoding; OAuth login and calendar providers). Your use of those services may be subject to their own terms and privacy practices. We are not responsible for third‑party services.

12. Disclaimers

THE PLATFORM AND ALL CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE, OR THAT ANY FOOD OBTAINED THROUGH THE PLATFORM WILL BE SAFE, ACCURATELY DESCRIBED, OR FREE OF ALLERGENS. Some jurisdictions do not allow certain disclaimers, so some may not apply to you.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, [COMPANY LEGAL NAME] AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM OR ANY FOOD OBTAINED THROUGH IT. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF [e.g., US $100] OR THE AMOUNTS YOU PAID TO US IN THE [e.g., 6] MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limits do not apply where prohibited by law (for example, for gross negligence, willful misconduct, or certain consumer or personal‑injury claims that cannot be limited).

14. Indemnification

You agree to indemnify and hold harmless [COMPANY LEGAL NAME] and its affiliates from claims, damages, and expenses (including reasonable legal fees) arising from your use of the Platform, your content, your food (if you are a Vendor), or your violation of these Terms or the law.

15. Termination

You may stop using the Platform at any time. We may suspend or terminate your access at any time for any reason, including violation of these Terms. Sections that by their nature should survive (e.g., 6–14, 16–18) survive termination.

16. Dispute resolution; governing law

These Terms are governed by the laws of [GOVERNING LAW / JURISDICTION], without regard to conflict‑of‑laws rules. [Choose one and delete the other, with counsel:]

• Court option: You and we agree to the exclusive jurisdiction and venue of the courts located in [VENUE].
• Arbitration option: Any dispute will be resolved by binding individual arbitration under [ARBITRATION RULES/PROVIDER], and you and we waive the right to a jury trial and to participate in a class action, except where such waiver is unenforceable. [Include any required opt‑out procedure and carve‑outs, e.g., small‑claims.]

17. Changes to these Terms

We may update these Terms from time to time. We will post the updated version with a new "Last updated" date and, for material changes, provide reasonable notice. Continued use after changes take effect constitutes acceptance.

18. Miscellaneous

These Terms, together with the policies incorporated by reference, are the entire agreement between you and us regarding the Platform. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

19. Contact

[COMPANY LEGAL NAME] · [MAILING ADDRESS] · [legal@…] · [WEBSITE URL]