Disclaimer & Hold Harmless

Please read this Disclaimer carefully. Your use of the Platform constitutes acceptance of every provision below, including the assumption of risk, waiver of claims, and indemnification language.

1. Directory-Only Platform

OpenKitchen.Food is an online directory and technology platform. OpenKitchen does not prepare, cook, handle, package, label, store, transport, deliver, sample, test, inspect, or sell any food or beverage. OpenKitchen does not employ, supervise, control, or direct any Cook (a "Cook" here includes every vendor type — home cooks, food trucks, street vendors, private chefs, and caterers). Every Cook listed on the Platform is an independent operator. Nothing on the Platform — including badges, ratings, reviews, verified indicators, or category labels — constitutes a certification, endorsement, warranty, or guarantee by OpenKitchen of any Cook's food safety, licensing, permit status, insurance, allergen practices, or regulatory compliance.

2. Assumption of Risk

You acknowledge that consumption of food prepared outside of a fully regulated commercial establishment carries inherent risks, including but not limited to foodborne illness, allergic reaction, cross-contamination, choking, contamination by pathogens or foreign objects, undercooked or spoiled ingredients, and other risks known and unknown. You voluntarily and expressly assume all such risks when you order, receive, consume, or otherwise interact with any food or service offered by any Cook through the Platform.

3. No Warranty

The Platform and all Cook listings, menus, photos, ratings, reviews, prices, addresses, phone numbers, hours, cuisines, and other information are provided "AS IS" and "AS AVAILABLE" without warranty of any kind, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, wholesomeness, safety, freshness, licensure, or non-infringement. OpenKitchen expressly disclaims any warranty that food obtained through the Platform is safe, wholesome, correctly labeled, allergen-free, or lawful to sell.

4. Waiver, Release, and Hold Harmless

To the fullest extent permitted by applicable law, you hereby WAIVE, RELEASE, DISCHARGE, COVENANT NOT TO SUE, INDEMNIFY, DEFEND, AND HOLD HARMLESS OpenKitchen.Food, its parent, subsidiaries, affiliates, officers, directors, shareholders, members, managers, employees, contractors, agents, licensors, insurers, successors, and assigns (collectively, the "Released Parties") from and against any and all claims, demands, causes of action, suits, proceedings, damages, judgments, losses, liabilities, illnesses, injuries, allergic reactions, foodborne illness, personal injury, wrongful death, property damage, costs, and expenses of any kind or nature (including reasonable attorneys' fees and court costs), whether known or unknown, foreseen or unforeseen, arising out of or in any way related to (a) any food, beverage, service, catering, or item offered, sold, prepared, packaged, or delivered by any Cook; (b) any interaction, communication, transaction, or dispute between you and any Cook; (c) any information, photograph, description, allergen disclosure, ingredient list, or claim posted by any Cook; (d) your use of or inability to use the Platform; or (e) any breach by you of the Terms of Service, this Disclaimer, or any other policy.

5. Allergens, Dietary Restrictions, and Medical Conditions

Because OpenKitchen does not prepare or inspect food and cannot control cross-contamination, Customers with food allergies, celiac disease, or other medical conditions must contact the Cook directlybefore ordering to confirm ingredients, preparation methods, and cross-contact risk. Customers who order despite disclosed cross-contact risk do so entirely at their own risk.

6. Third-Party Content

OpenKitchen is not responsible for third-party content, links, or services referenced on or from the Platform, including without limitation Cook websites, social media pages, mapping providers, or payment processors.

7. Limitation of Liability

In addition to and without limiting Section 4, the total aggregate liability of the Released Parties for any and all claims arising out of or related to your use of the Platform shall not exceed the greater of (a) one hundred U.S. dollars (US $100.00) or (b) the total platform service fees actually paid by you to OpenKitchen in the twelve (12) months immediately preceding the event giving rise to the claim.

8. No Class Action

You and OpenKitchen agree that any dispute shall be resolved on an individual basis only, in accordance with the binding arbitration and class-action-waiver provisions of the Terms of Service.

9. Severability; Survival

If any provision of this Disclaimer is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The waiver, release, indemnification, and hold-harmless obligations set forth above shall survive termination of your account and continued use of the Platform.

10. Reporting Illness or Unsafe Practices

If you suspect foodborne illness, contact a medical professional immediately and report the incident to your local health department. You may also notify us at safety@openkitchen.foodso that we can consider whether to remove a Cook from the directory. Reporting an incident to OpenKitchen does not create liability on the part of OpenKitchen and does not modify the waivers set forth above.