Terms of Service

Table of Contents

I. Terms of Service

1. Eligibility

2. Technology Platform Scope

3. Independent Contractor Status

4. Food Safety & Allergy Disclaimer

5. Marketplace Facilitator & Sales Tax

6. Payment Escrow & Verification PIN

7. Chargebacks, Fraud & Payment Holds

8. Fulfillment Rules

8A. Safe Exchange Agreement

9. Fees & Commissions

10. Assumption of Risk

11. Disclaimer of Warranties

12. Limitations of Liability

13. Indemnification

14. User Interaction Risk & Meetups

15. Mandatory Arbitration & Class Action Waiver

16. Account Termination

17. Acceptable Use Restrictions

18. User Content License & Promotional Rights

19. Electronic Communications & Signatures

20. No Earnings Guarantee

21. Force Majeure

22. Home Kitchen Disclosure & Chef Legal Certification

23. Terminology Disclaimer

24. Changes to Terms

25. Governing Law & Venue

26. Informal Dispute Resolution

27. Survival

28. Severability

29. Entire Agreement

30. Assignment

31. No Third-Party Beneficiaries

32. Export & Sanctions Compliance

33. Platform Availability / No Guarantee of Service

34. No Duty to Monitor

35. Content Moderation Discretion

36. Insurance Disclaimer

37. Review & Ratings Integrity

II. Prohibited Items Policy

1. Prohibited Items List

2. Compliance Warranty

3. Rights of Termination

III. Chef Code of Conduct

1. Food Integrity & Accuracy

2. Professionalism & Standards

3. Safe Fulfillment (Meetups)

4. The Review Clause

I. Terms of Service

1. Eligibility

You must be at least 18 years of age to create an account, access, or use the Food @ Home platform in any capacity. By registering for an account or using the platform, you represent and warrant that:

You are at least 18 years old.

You possess the full legal capacity and authority to enter into a binding contract under applicable law.

You are not barred from using the platform under any applicable law or prior termination action by Food @ Home.

All information you provide during registration and at all times thereafter is accurate, current, and complete.

Minors under the age of 18 are strictly prohibited from using the platform. Any account found to be operated by or on behalf of a minor may be immediately terminated without notice. Food @ Home disclaims all liability for any use of the platform by individuals who misrepresent their age or legal capacity.

2. Technology Platform Scope

Food @ Home is a technology platform that facilitates connections between independent Chefs and Customers for local pickup and meetups. We are NOT a restaurant, food service provider, employer, food producer, food handler, distributor, logistics company, or common carrier. Specifically:

Food @ Home does not prepare, cook, handle, store, inspect, or distribute any food.

We provide technology to transmit orders, facilitate local pickups and meetups, and process payment escrow between independent merchants and customers.

Food @ Home may, but is not obligated to, conduct limited moderation, identity verification, listing review, fraud detection, or safety-related actions for platform integrity purposes. Such actions do not constitute certification, endorsement, inspection, guarantee, or assumption of responsibility regarding any User, food product, listing, legality, safety, or compliance.

Food @ Home is not liable for any food-related illness, injury, allergic reaction, or food safety violation resulting from products sold by Chefs.

The relationship between Food @ Home and all Users is limited to the operation and use of a digital marketplace platform.

Any safety or moderation actions taken by Food @ Home are undertaken solely at its discretion for platform integrity purposes and do not create any duty of care, ongoing obligation, or liability to any User.

3. Independent Contractor Status

Chefs are independent contractors and are NOT employees, partners, agents, or joint venturers of Food @ Home.

Chefs are independent operators and maintain sole responsibility for their business operations and legal obligations. Food @ Home may, but is not obligated to, conduct limited identity verification or listing review solely for platform integrity purposes. Such actions, if taken, do not constitute certification, endorsement, or assumption of legal responsibility for a Chef's regulatory compliance, food quality, or business operations, and Food @ Home assumes no legal liability for a Chef's regulatory compliance. Regarding financial obligations, Food @ Home acts strictly as a Marketplace Facilitator for the collection and remittance of Sales Tax; all other tax liabilities remain the sole responsibility of the Chef.

Each Chef is the sole "Merchant of Record" for all transactions processed through their connected Stripe account.

Chefs are responsible for their own kitchen operations, food quality, and adherence to all applicable local, state, and federal laws.

Food @ Home does not control how, when, where, or whether a Chef operates their kitchen or accepts orders.

The Chef bears sole responsibility for all liability arising from their food products, business operations, and interactions with customers.

Food @ Home does not provide Chefs with equipment, tools, ingredients, locations, or working capital of any kind.

4. Food Safety & Allergy Disclaimer

Food Safety Notice — Food @ Home does not inspect, verify, or guarantee the safety, quality, or regulatory compliance of any food sold through the platform.

Customers with food allergies or dietary restrictions are solely responsible for communicating directly with the Chef BEFORE placing an order.

Food @ Home may, but is not obligated to, review listing content for policy compliance. Such review does not constitute allergen verification, safety inspection, or any form of food certification.

Food @ Home is NOT liable for any illness, injury, allergic reaction, anaphylaxis, or death resulting from food purchased through the platform.

Food @ Home is NOT liable for any failure by a Chef to disclose allergens, contaminants, or ingredients.

All customers acknowledge and assume all risks associated with food allergies and dietary restrictions when purchasing from any Chef on the platform.

5. Marketplace Facilitator & Sales Tax

Food @ Home ("the Platform") is a Marketplace Facilitator as defined under applicable state tax laws. As such:

Food @ Home automatically calculates, collects, and remits applicable sales tax on all taxable transactions processed through the platform.

Sales tax rates are determined automatically based on the Chef's registered ZIP code at the time of the transaction, pulling the combined state, county, and city rate for that exact location.

Chefs are responsible for providing accurate, up-to-date location and ZIP code information in their profile. Incorrect location data that results in incorrect tax collection is the sole responsibility of the Chef.

Tax line items are displayed transparently to customers at checkout and itemized on every order receipt.

6. Payment Escrow & Verification PIN

Food @ Home uses a secure Payment Escrow model to protect both Customers and Chefs:

When a Customer completes checkout, their payment is Authorized and held by the platform — no funds are transferred to the Chef at this stage.

A unique 6-digit Verification PIN is generated for each order and delivered to the Customer via email and their order dashboard.

Funds are only Captured (released to the Chef's Stripe payout balance) once the Chef successfully validates the Customer's Verification PIN at the time of pickup or delivery.

If the PIN is not validated within 24 hours of the order being marked "Ready," the authorization hold is automatically released and the Customer is not charged.

By entering the correct PIN, the Chef confirms that the food has been physically handed to the Customer, triggering the payment capture.

7. Chargebacks, Fraud & Payment Holds

Abuse of the payment or dispute system — including fraudulent chargebacks, false claims, or refund manipulation — will result in permanent account termination.

Food @ Home takes payment integrity seriously. In connection with any transaction, suspected fraud, chargeback, or payment dispute, Food @ Home reserves the right to:

Reverse, withhold, or delay payouts to Chefs pending investigation of disputed transactions.

Place temporary holds on account funds when fraud, chargebacks, or policy violations are suspected.

Investigate any transaction, account activity, or user conduct that Food @ Home, in its sole discretion, deems suspicious.

Suspend, restrict, or terminate accounts involved in payment fraud, abuse of refunds, or manipulation of the dispute process.

Recover losses, fees, and costs from any User whose conduct results in financial harm to the platform or other Users, including via legal action.

Challenge chargebacks filed with payment processors on behalf of verified completed transactions and provide transaction evidence to financial institutions.

Cooperate fully with law enforcement, financial regulators, and payment processors in connection with fraud investigations.

Users who file fraudulent disputes with their payment provider, manipulate the refund or chargeback process, or engage in coordinated abuse of the platform's payment systems acknowledge that Food @ Home may share transaction evidence with payment processors and financial institutions, and that such conduct may result in permanent bans, civil liability, and referral to law enforcement.

8. Fulfillment Rules

Pickup Orders

Customers must arrive at the designated pickup location within the window communicated by the Chef.

The Customer's Verification PIN must be presented to the Chef before food is released.

Food @ Home is not responsible for missed pickups or food quality after the Customer takes possession.

Public Meetup Orders

Chefs may offer a "Public Meetup" option where the exchange takes place at a designated public location (e.g., a park, busy parking lot, or landmark).

The Chef's preferred meetup location and any special instructions are displayed to the Customer after payment is completed.

The Customer's Verification PIN must be confirmed by the Chef at the meetup before food is released.

Meetup Convenience Fees set by the Chef are passed through 100% to the Chef; Food @ Home does not take a commission on this fee.

General

Food will not be released without successful Verification PIN validation.

Repeated no-shows or fraudulent PIN claims may result in account suspension.

8A. Safe Exchange Agreement

By using the Public Meetup feature, both Chefs and Customers agree to meet in well-lit, public, and safe locations.

Food @ Home strongly recommends using local police station parking lots, busy retail parking lots (e.g., Walmart, Target, Chick-fil-A), or other high-visibility public areas as exchange zones.

Neither party should invite the other to a private residence unless they are already personally acquainted.

Food @ Home is not responsible for the personal safety of either party during a meetup. Users assume full personal responsibility for the exchange.

Any safety concerns during or after a meetup should be reported to local law enforcement first, then to Food @ Home support.

9. Fees & Commissions

Chefs

A 10% Platform Commission is deducted from the food subtotal of every completed order.

Standard Stripe payment processing fees apply (approximately 2.9% + $0.30 per transaction).

Meetup Convenience Fees set by the Chef are passed through 100% to the Chef and are not subject to the platform commission.

In the event of a lost dispute, a dispute processing fee will be charged against the Chef's account. The exact amount of this fee is determined at the sole discretion of Food @ Home and is subject to change at any time without prior notice.

Customers

A non-refundable Service Fee is added to every order at checkout.

For orders with a food subtotal under $20.00, the Service Fee is a flat $0.99.

For orders with a food subtotal of $20.00 or more, the Service Fee is $0.99 plus 5% of the food subtotal.

The Service Fee is displayed transparently at checkout before payment is completed.

Sales tax is calculated on the food subtotal only, based on the Chef's registered ZIP code, and is collected and remitted by Food @ Home as a Marketplace Facilitator.

10. Assumption of Risk

Users participate entirely at their own risk. Food @ Home provides a technology platform only and makes no representations regarding the safety, quality, or conduct of any party.

By accessing or using the Food @ Home platform, all Users — including Chefs and Customers — voluntarily and knowingly assume all risks associated with their use of the platform and any transactions conducted thereon, including but not limited to:

Consuming home-prepared food from an uninspected private kitchen.

Exposure to allergens, including undisclosed or cross-contaminated allergens.

Foodborne illness, contamination, spoilage, or food safety incidents.

Inaccurate, misleading, or incomplete product listings or descriptions.

Unsafe, negligent, reckless, or criminal conduct by other Users.

Arranging and participating in in-person meetups with strangers.

Risks inherent to public exchanges, including personal safety risks.

Late fulfillment, missed pickups, or order cancellations.

Failed, delayed, reversed, or disputed payment transactions.

Criminal acts, including theft, assault, fraud, or harassment by other Users.

Loss of property or personal injury arising from any platform transaction or interaction.

All risks inherent to peer-to-peer marketplace transactions between unaffiliated private individuals.

Food @ Home does not vet, background-check, certify, or make any representations regarding the safety, trustworthiness, conduct, competence, or compliance of any User. Each User is solely responsible for exercising their own judgment before engaging in any transaction or in-person interaction. Users participate entirely at their own risk.

11. Disclaimer of Warranties

THE FOOD @ HOME PLATFORM, INCLUDING ALL CONTENT, SERVICES, FEATURES, AND FUNCTIONALITY, IS PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOOD @ HOME, INC., ITS OWNERS, AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY; (B) FITNESS FOR A PARTICULAR PURPOSE; (C) NON-INFRINGEMENT; (D) TITLE; (E) ACCURACY OR COMPLETENESS OF ANY CONTENT OR LISTING; (F) FOOD QUALITY, FOOD SAFETY, OR FOOD REGULATORY COMPLIANCE; (G) CONDUCT OR IDENTITY OF ANY USER; (H) SECURITY OF THE PLATFORM OR USER DATA; (I) UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE SERVICE; (J) RESULTS OBTAINED FROM USE OF THE PLATFORM; (K) RELIABILITY OR AVAILABILITY OF ANY CHEF, CUSTOMER, OR THIRD-PARTY SERVICE PROVIDER; OR (L) ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE. FOOD @ HOME MAKES NO REPRESENTATION THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FOOD @ HOME OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

12. Limitations of Liability

Damage Cap — To the maximum extent permitted by law, Food @ Home's total liability for any claim arising out of or relating to the use of the platform shall not exceed the total amount paid by the Customer for the specific order giving rise to the claim.

This liability limitation applies broadly and specifically to the following categories of harm, among others:

Food safety violations, allergen exposure, illness, injury, or death arising from food purchased through the platform.

Property damage arising from any transaction, meetup, pickup, or interaction facilitated through the platform.

Personal injury, assault, battery, kidnapping, robbery, stalking, sexual misconduct, or any other criminal act committed by a User.

Negligence, gross negligence, or reckless conduct of any User, Chef, Customer, or third party.

Loss of data, data breaches, cyberattacks, unauthorized account access, or other cyber incidents affecting User information.

Failures, outages, errors, or interruptions attributable to payment processors, including Stripe or any successor payment infrastructure.

Acts or omissions of third parties, including payment networks, identity verification providers, or telecommunications carriers.

Indirect, incidental, consequential, punitive, or special damages, including lost profits, loss of use, loss of business opportunity, or loss of goodwill.

Users waive any right to recover damages beyond the order amount, regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise).

This limitation applies even if Food @ Home has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages; in such jurisdictions, liability is limited to the greatest extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Food @ Home, Inc., its owners, affiliates, officers, employees, contractors, agents, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, lawsuits, damages, losses, liabilities, costs, and expenses — including reasonable attorneys' fees, investigation costs, and court costs — arising out of or relating to:

Any foodborne illness, allergen exposure, contamination, food safety incident, or personal injury arising from food you prepared, listed, sold, purchased, or consumed through the platform.

Any personal injury, death, property damage, assault, battery, stalking, harassment, or criminal act committed by you or attributable to your conduct.

Any dispute, complaint, chargeback, or legal claim initiated by or against you in connection with platform transactions.

Any violation of applicable federal, state, or local law, regulation, or ordinance, including cottage food laws, food handling regulations, tax obligations, or licensing requirements.

Any intellectual property infringement, misrepresentation, or unauthorized use of third-party content, trademarks, or materials in your listings or communications.

Any misuse, abuse, unauthorized access, or fraudulent use of the platform, including manipulation of reviews, ratings, or the payment system.

Any breach of these Terms, the Chef Code of Conduct, the Prohibited Items Policy, or any other platform policy.

Any claim by a regulatory authority arising from your failure to maintain required permits, licenses, or compliance obligations.

Food @ Home reserves the right to assume exclusive control of the defense of any matter subject to indemnification at your expense. You agree to cooperate fully with Food @ Home in the defense of any such claim and shall not settle any matter without prior written consent of Food @ Home.

14. User Interaction Risk & Meetups

Food @ Home is not responsible for the conduct, actions, or omissions of any User — whether online or offline — and users assume all risk when meeting in person.

Users acknowledge that in-person meetups and local pickups involve inherent personal safety risks.

Food @ Home is not liable for any property damage, personal injury, loss of life, harassment, stalking, assault, battery, robbery, or any harm resulting from a meetup or pickup.

Users are solely responsible for their own safety and the safety of others during any in-person transaction.

Food @ Home may, but is not obligated to, conduct limited identity verification for platform integrity purposes. Such verification does not constitute a background check, safety guarantee, criminal record clearance, or endorsement of any User.

Users agree to report safety concerns to local law enforcement first, and then to Food @ Home support.

15. Mandatory Arbitration & Class Action Waiver

Any dispute or claim arising out of or relating to Food @ Home or the use of the platform shall be resolved by binding, individual arbitration governed by the Federal Arbitration Act.

Governing Act

These Terms, and any dispute resolution proceedings hereunder, are governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"). To the extent the FAA is inapplicable, the laws of the state in which Food @ Home is headquartered shall govern.

Binding Arbitration

Users agree that disputes will be resolved by binding arbitration rather than in court, except for small claims court disputes as permitted by applicable law.

The arbitration shall be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms.

Arbitration proceedings shall be conducted on an individual basis only. Class, consolidated, and representative proceedings are expressly prohibited.

The arbitration shall take place in the county of the User's primary residence, or at the election of either party, via telephonic or video conference.

The arbitrator shall have authority to award any remedy that a court of competent jurisdiction could award, subject to the limitations set forth in these Terms.

Arbitration proceedings and all related submissions, filings, awards, and evidence are confidential and may not be disclosed to third parties without prior written consent of both parties, except as required by law.

Each party bears its own attorney's fees and costs, except as provided by applicable law or AAA rules.

Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to support@foodathome.co within 30 days of the date you first create a Food @ Home account. Your opt-out notice must include your full name, registered email address, and a clear statement that you are opting out of the arbitration agreement. Opting out does not affect any other provision of these Terms. If you do not opt out within 30 days, you will be bound by this arbitration agreement.

Class Action Waiver

You expressly waive your right to participate in any class action lawsuit, class-wide arbitration, representative proceeding, or private attorney general action against Food @ Home. This waiver applies regardless of whether the dispute is resolved through arbitration or in court.

16. Account Termination

Food @ Home reserves the right, in its sole and absolute discretion, to suspend, restrict, remove, demonetize, or permanently terminate any account, listing, transaction, or access to the platform at any time, with or without notice, for any reason or no reason. Grounds for termination include, but are not limited to:

Actual or suspected violation of these Terms, the Prohibited Items Policy, the Chef Code of Conduct, or any applicable law.

Conduct that poses actual or perceived legal risk, regulatory exposure, or reputational harm to Food @ Home.

Actual or suspected fraud, payment manipulation, chargeback abuse, or misuse of the platform's escrow or dispute systems.

Actual or perceived safety concerns involving the User or other Users.

Abusive, threatening, harassing, or discriminatory conduct toward other Users, chefs, customers, or platform personnel.

Failure to maintain required permits, licenses, or legal compliance as a Chef.

Low ratings, repeated verified complaints, or quality failures that compromise marketplace trust.

Any conduct that Food @ Home, in its sole discretion, determines is incompatible with the platform's values, community standards, or operational integrity.

Upon termination for cause — including but not limited to fraud, prohibited items violations, or criminal conduct — the User forfeits any pending balance, pending payouts, or promotional credits. Food @ Home is not liable for any losses resulting from account termination, regardless of the reason. Decisions to terminate accounts for suspected criminal activity are not subject to appeal.

17. Acceptable Use Restrictions

Users agree not to use the Food @ Home platform for any purpose other than its intended use as a peer-to-peer home food marketplace. The following activities are strictly prohibited and may result in immediate permanent suspension, civil liability, and referral to law enforcement:

Scraping, crawling, data mining, or extracting any content, data, or information from the platform using automated means, bots, scripts, or unauthorized software.

Creating fake, duplicate, or impersonation accounts, or misrepresenting your identity or affiliation.

Sending unsolicited communications, spam, chain messages, or commercial solicitations to other Users.

Uploading, transmitting, or distributing malware, viruses, ransomware, phishing content, or any malicious code.

Manipulating, inflating, or suppressing ratings, reviews, or ranking algorithms through inauthentic means.

Circumventing platform fees by arranging off-platform transactions with Users you first met through Food @ Home.

Harassing, threatening, intimidating, stalking, or abusing any User, employee, or representative of Food @ Home.

Reverse engineering, decompiling, disassembling, or attempting to extract source code from the platform.

Accessing or using undisclosed APIs, unauthorized integrations, or exploiting platform vulnerabilities.

Interfering with, disrupting, or degrading the integrity or performance of platform infrastructure, servers, or networks.

Using the platform to facilitate money laundering, tax evasion, or any other unlawful financial activity.

Posting content that is defamatory, obscene, discriminatory, or violates the intellectual property rights of any third party.

18. User Content License & Promotional Rights

Users retain full ownership of all content they upload to the Food @ Home platform. However, by submitting any content to the platform (including but not limited to storefront names, menu listings, food photos, profile images, usernames, reviews, ratings, testimonials, bios, captions, videos, order milestones, and publicly visible platform activity), you hereby grant Food @ Home, Inc. a worldwide, perpetual, irrevocable, sublicensable, transferable, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, display, perform, promote, market, advertise, and create derivative works from such content.

Promotional Usage Rights

Food @ Home may use chef and customer content for social media marketing, paid advertisements, email campaigns, app store promotions, website banners, investor presentations, press/media coverage, platform showcases, editorial features, growth marketing, and other promotional materials. This usage may occur with or without attribution, and without additional compensation.

Success Story & Sales Highlight Rights

Food @ Home may publicly highlight top-selling chefs, trending menu items, positive reviews, customer testimonials, sales milestones, ratings, and marketplace achievements for promotional and marketing purposes (e.g., "Top Rated in Atlanta", "500 Orders Completed", "Trending This Week", "Customer Favorite").

Media & Likeness Consent

By uploading photos, videos, profile images, or other media, you grant Food @ Home permission to use your business name, storefront branding, uploaded content, likeness, voice, image, and public profile information for promotional and advertising purposes related to the platform. Food @ Home will not sell personal identity data to third-party advertisers.

Testimonial & Review Rights

Reviews, ratings, testimonials, feedback, suggestions, and public comments submitted through the platform may be quoted, reposted, displayed, summarized, or used in marketing materials. Food @ Home may edit testimonials for formatting, grammar, length, or clarity, while not materially altering the meaning.

No Compensation & Independent Status

You acknowledge that no compensation, royalties, residuals, or additional approval is required for promotional usage authorized under these Terms. Nothing in this license creates an employment relationship, implies ownership of chef businesses, transfers recipe ownership, or implies that Food @ Home supervises or controls business operations. Food @ Home remains strictly a marketplace technology facilitator.

Optional Opt-Out System

Food @ Home offers an optional, admin-controlled "Marketing Opt-Out" flag for chefs who request exclusion from featured promotions. Opting out does not remove content necessary for platform operation, and public listings may still appear organically on the marketplace.

19. Electronic Communications & Signatures

By creating an account on Food @ Home, you expressly consent to receive all communications, agreements, notices, disclosures, and records from Food @ Home in electronic form, including via email, in-app notification, or posting to the platform. Specifically, you agree that:

Electronic communications from Food @ Home satisfy any legal requirement that such communications be made in writing.

Your affirmative acceptance of these Terms — whether by clicking "I Agree," creating an account, or placing an order — constitutes a legally binding electronic signature.

Electronic records of your acceptance of these Terms, any order you place, and any transaction you conduct on the platform are valid and enforceable to the same extent as written, signed records.

Food @ Home may retain electronic records of your account activity, consents, agreements, and communications for legal compliance, dispute resolution, fraud prevention, and operational purposes.

You are responsible for maintaining a valid, accessible email address and for reviewing electronic communications from Food @ Home in a timely manner.

You may withdraw your consent to electronic communications at any time by closing your account and ceasing use of the platform, subject to any legally required retention obligations.

20. No Earnings Guarantee

Food @ Home makes no guarantee of income, sales, customer demand, visibility, or business success for any Chef.

Chefs use the Food @ Home platform as independent business operators and assume all business, financial, and operational risk associated with operating on the platform. Specifically:

Food @ Home makes no representation or guarantee that any Chef will generate any specific level of income, revenue, orders, or profit through the platform.

Visibility in search results, featured placements, and recommendation algorithms is determined by platform logic and may change at any time without notice.

Customer demand, order volume, and sales performance are entirely dependent on market conditions, Chef quality, pricing, and factors outside the control of Food @ Home.

Food @ Home does not guarantee that any marketing features, promotional placements, or algorithmic boosts will result in increased sales or revenue.

Chefs are solely responsible for managing their own business expenses, taxes, and financial obligations regardless of platform performance.

Food @ Home may modify commission structures, fee schedules, or platform features at any time in accordance with these Terms, and such changes may affect Chef earnings.

21. Force Majeure

Food @ Home shall not be liable for any delay, failure, interruption, or degradation of service or platform functionality arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including but not limited to:

Acts of God, natural disasters, earthquakes, floods, hurricanes, tornadoes, or extreme weather events.

Power outages, utility failures, or electrical grid disruptions.

Internet outages, telecommunications failures, network congestion, or infrastructure interruptions.

Payment processor downtime, banking system failures, or financial infrastructure disruptions, including those attributable to Stripe or any successor payment provider.

Cyberattacks, distributed denial-of-service (DDoS) attacks, ransomware, hacking incidents, or other malicious interference with platform infrastructure.

Labor strikes, work stoppages, or labor disputes affecting platform operations or third-party service providers.

Pandemics, epidemics, quarantine orders, or public health emergencies.

Civil unrest, riots, terrorism, war, or acts of military force.

Government orders, regulations, sanctions, embargoes, or other regulatory actions.

Failure or unavailability of third-party services, hosting providers, cloud infrastructure, or API dependencies.

In the event of a force majeure condition, Food @ Home will use commercially reasonable efforts to restore service as promptly as practicable. No force majeure event shall entitle any User to a refund, compensation, or termination of these Terms.

22. Home Kitchen Disclosure & Chef Legal Certification

Chefs on Food @ Home are independent contractors, not employees or agents of the platform. Chefs are the Merchant of Record for all transactions processed through their connected Stripe account.

Home Kitchen Disclosure

Chefs bear full and sole responsibility for all food safety, food quality, allergen declarations, and compliance with all applicable laws in the state and county in which they operate.

Food @ Home is a software platform. We do not produce, prepare, handle, inspect, store, or distribute any food.

Chefs are solely responsible for their own tax obligations beyond what the platform remits as a Marketplace Facilitator.

Customers purchasing food acknowledge they are buying from an independent home cook, not a licensed commercial food establishment.

All food sold on this platform is prepared in private home kitchens. Food may be prepared in facilities that handle common allergens including nuts, dairy, gluten, eggs, shellfish, and soy.

Chef Legal Certification

By activating a storefront on Food @ Home, each Chef expressly certifies and warrants that:

They have read, understand, and will comply in full with all applicable cottage food laws, Food Freedom laws, MEHKO ordinances, and home kitchen regulations in the state, county, city, and jurisdiction where they operate.

They possess all required permits, licenses, registrations, and certifications required by applicable law to sell homemade food products in their jurisdiction, to the extent any are required.

All products listed for sale are lawful in their jurisdiction at the time of listing and at the time of sale.

They are solely and exclusively responsible for monitoring changes in applicable local, state, and federal food laws and for updating their listings and operations accordingly.

Food @ Home does not verify, review, certify, inspect, or assume any responsibility for any Chef's legal compliance, licensing status, or permit holdings. The compliance obligation rests entirely and solely with the Chef.

Any misrepresentation of legal compliance status constitutes a material breach of these Terms and may result in immediate account termination and legal liability.

23. Terminology Disclaimer

The term "Chef" as used on the Food @ Home platform is a descriptive marketing title and does not imply that the seller holds professional culinary degrees, commercial restaurant experience, or certifications from organizations like the American Culinary Federation. All sellers are independent "Cottage Food Operators" or "Home Kitchen Merchants" as defined by the specific laws of their local jurisdiction.

24. Changes to Terms

We reserve the right to modify these Terms at any time. Continued use of the platform after changes are posted constitutes your acceptance of the updated Terms. Material changes will be communicated via email or in-app notification. It is your responsibility to review these Terms periodically. If you do not agree to any updated Terms, you must immediately cease use of the platform and close your account.

25. Governing Law & Venue

These Terms are governed by the laws of the state in which Food @ Home is headquartered, without regard to conflict of law principles. However, because food laws vary by location, Chefs are solely responsible for ensuring their operations comply with the specific Cottage Food, MEHKO, or Food Freedom laws of their local jurisdiction. Food @ Home provides a platform for sale but does not guarantee that a Chef's specific products are legal in their state or county. For any disputes not subject to arbitration under Section 15, the parties consent to exclusive jurisdiction in the state and federal courts located in the county where Food @ Home is headquartered.

26. Informal Dispute Resolution

Before initiating arbitration, users must first attempt good-faith informal resolution of disputes for a minimum of 30 days after written notice. Parties may communicate via email, phone, or video conferencing to attempt resolution.

27. Survival

The following provisions survive termination of these Terms:

arbitration

indemnification

limitation of liability

user content license

dispute resolution

payment obligations

class action waiver

intellectual property provisions

any clause intended by nature to survive termination

28. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

29. Entire Agreement

These Terms constitute the full and exclusive agreement between Food @ Home and users and supersede all prior or contemporaneous communications or agreements.

30. Assignment

Users may not assign or transfer their rights without consent. Food @ Home may assign or transfer these Terms freely, including in connection with mergers, acquisitions, restructuring, or sale of assets.

31. No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights unless expressly stated.

32. Export & Sanctions Compliance

Users agree to comply with all applicable U.S. and international export control laws and sanctions regulations and may not use the platform in prohibited jurisdictions or by restricted parties.

33. Platform Availability / No Guarantee of Service

Food @ Home does not guarantee uninterrupted access to the platform and may modify, suspend, or discontinue features at any time without liability.

34. No Duty to Monitor

Food @ Home has no obligation to monitor users, listings, messages, or content and does not guarantee detection of unsafe, fraudulent, illegal, or prohibited activity.

35. Content Moderation Discretion

Food @ Home reserves the right, but not the obligation, to review, monitor, edit, restrict, or remove content, listings, or accounts at its sole discretion for safety, legal compliance, fraud prevention, or platform integrity. Such actions do not imply endorsement, certification, or liability.

36. Insurance Disclaimer

Food @ Home does not provide insurance coverage of any kind, including liability, health, or product insurance. Users are solely responsible for obtaining any insurance required or appropriate for their activities.

37. Review & Ratings Integrity

Food @ Home may implement systems to detect and prevent fake, manipulated, incentivized, or abusive reviews and ratings. Users agree not to manipulate reviews, ratings, or reputation systems.

II. Prohibited Items Policy

1. Prohibited Items List

Zero Tolerance Policy — The sale of any prohibited item is grounds for immediate permanent account termination and referral to local law enforcement. Food @ Home reserves the right to remove any listing or terminate any account, without notice, if we suspect a violation of local, state, or federal law.

Controlled Substances — Zero-Tolerance Policy

The sale, distribution, or promotion of CBD, THC, or any illegal or federally controlled substance is strictly and absolutely prohibited on this platform. This includes food or beverages described as "infused," "medicated," "Delta-8," "Delta-9," or similar, regardless of local legality.

This prohibition covers — but is not limited to — CBD, THC, hemp-derived cannabinoids, cannabis, marijuana, psilocybin, and any product marketed to deliver a psychoactive effect. Violation of this policy results in immediate permanent account termination with no right of appeal, forfeiture of any pending balance, and potential referral to local law enforcement.

Alcohol

The sale of alcoholic beverages is strictly prohibited without (a) a valid state liquor license and (b) explicit written approval from Food @ Home. Chefs must not include alcohol as a menu item without meeting both requirements.

Unregulated Meats & Seafood

The sale of home-processed meats or seafood that violates local Cottage Food regulations is prohibited. Chefs must verify that their jurisdiction's Cottage Food law permits the sale of meat or seafood products before listing them. When in doubt, do not list.

Counterfeit Goods

The sale of any item — food or otherwise — that infringes on registered trademarks, copyrights, or brand identities is prohibited. This includes unauthorized replicas of branded food products.

2. Compliance Warranty

By activating a storefront on Food @ Home, each Chef represents and warrants that:

All items listed for sale comply with the applicable Cottage Food, Food Freedom, or home kitchen laws of the Chef's local jurisdiction — including the specific state, county, and city regulations where the Chef operates.

It is the Chef's sole responsibility to ensure every menu item is legally permitted for home-based sale in their specific location. Food @ Home does not verify local legality of individual items.

The Chef is solely responsible for ensuring every item they list is legally permitted for sale in their specific location — including any item-specific licenses (e.g., liquor licenses for alcohol).

The Chef will immediately remove any listing that ceases to comply with applicable law and will notify Food @ Home of any regulatory changes affecting their products.

Food @ Home makes no representation that any particular item is legal to sell in any given jurisdiction. The compliance obligation rests entirely with the Chef.

3. Rights of Termination

Food @ Home reserves the right, at its sole discretion, to remove any listing or suspend or permanently terminate any account — without prior notice — upon reasonable suspicion of a violation of local, state, or federal law.

Termination actions are not subject to appeal where criminal activity is suspected.

Where a violation involves a controlled substance or other serious criminal matter, Food @ Home reserves the right to report the activity to local law enforcement.

Terminated accounts forfeit any pending balance if the termination is due to a confirmed prohibited items violation.

III. Chef Code of Conduct

Food @ Home is a neighborhood platform built on trust. These standards apply to all Chefs and are a condition of continued platform access. By activating your storefront, you agree to uphold these principles.

1. Food Integrity & Accuracy

Truth in Advertising

Photos and descriptions of your food must accurately represent the portion size and quality the customer will receive. Misleading imagery or descriptions are grounds for listing removal and account review.

Freshness Standard

All food must be prepared fresh for each order. The use of expired ingredients, or repurposing "leftover" prepared food from a prior day without disclosure, is strictly prohibited.

Allergen Transparency

Chefs must clearly and honestly list all common allergens present in their dishes — including nuts, dairy, gluten, eggs, shellfish, and soy. You must respond honestly and promptly to any customer inquiry about ingredients before they place an order. Failure to disclose known allergens is a serious violation and may result in immediate suspension.

2. Professionalism & Standards

Food @ Home is a neighborhood platform built on community. We expect every Chef to show up with that same spirit of respect and professionalism.

Communication

Respond to customer messages within a reasonable timeframe — ideally within a few hours during operating hours. Maintain a polite, helpful, and community-focused tone in all interactions.

The Attitude Standard

Aggressive, discriminatory, harassing, or demeaning behavior toward customers, other chefs, or platform staff is grounds for immediate permanent suspension with no appeal. This is a zero-tolerance policy. We are a neighborhood — treat everyone accordingly.

3. Safe Fulfillment (Meetups)

Timeliness

Arrive at the agreed Public Meetup location on time. If you are running late, you must notify the customer immediately using the in-app messenger. Repeated tardiness or no-shows without communication will result in account review.

Safety First

Meetups must always take place in public, well-lit areas — police station lots, busy retail parking lots, or similar high-visibility locations are strongly recommended. Chefs must never pressure or request a customer to change a confirmed public meetup location to a private residence. Any attempt to do so is a serious safety violation.

4. The Review Clause

By activating your storefront, you acknowledge and agree to the following:

Chefs who maintain a consistent average rating below 3.5 stars will be flagged for a mandatory manual account review.

Multiple verified reports of "Conduct Violations" — including allergen failures, communication issues, or safety concerns — will independently trigger a manual review regardless of star rating.

During a manual review, your storefront may be temporarily paused. You will be contacted by our team with findings.

Depending on the nature and severity of violations, outcomes may include a formal warning, a temporary suspension, or permanent removal from the platform.

Our goal is never to punish — it's to maintain a marketplace that customers and chefs can trust. We want you to succeed, and we'll always communicate clearly and fairly.

For questions about these Terms, contact us at support@foodathome.co. Also see our Privacy Policy. These Terms are governed by the laws of the state in which Food @ Home is headquartered. All users agree to comply with local regulations in the jurisdiction where each transaction occurs.

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