Terms of Service

These Terms of Service (the "Terms") form a binding legal agreement between you ("you," "your," or "Customer") and OpenKitchen.Food ("OpenKitchen," "we," "us," or the "Platform"). By accessing, browsing, registering an account, placing an order, listing a menu, booking catering, or otherwise using the Platform, you represent that you have read, understood, and agree to be bound by these Terms and by every policy incorporated by reference, including our Privacy Policy, Cookie Policy, Acceptable Use Policy, Cook Agreement, Refund Policy, and Disclaimer & Hold Harmless. If you do not agree, you must not use the Platform.

1. Nature of the Platform — Directory Only

OpenKitchen.Food is an online directory and technology platform that lists, organizes, and facilitates communication and payment between independent home cooks, food trucks, street vendors, private chefs, caterers, and other independent food businesses (each a "Cook" or "Vendor") and end users ("Customers"). OpenKitchen is not a restaurant, ghost kitchen, commissary, cloud kitchen, food service provider, manufacturer, distributor, retailer, or seller of food. OpenKitchen does not prepare, handle, package, store, transport, deliver, taste, test, inspect, sample, or warrant any food, beverage, ingredient, allergen disclosure, licensing status, cottage-food compliance, health permit, insurance status, or regulatory compliance of any Cook. Every transaction is a direct commercial relationship between the Customer and the Cook; OpenKitchen is a technology intermediary only.

2. Eligibility

You must be at least eighteen (18) years of age and legally capable of entering into a binding contract to use the Platform. By using the Platform, you represent and warrant that you meet these requirements and that all information you provide is true, accurate, current, and complete.

3. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify OpenKitchen immediately of any unauthorized use of your account. OpenKitchen is not liable for any loss or damage arising from your failure to safeguard your credentials.

4. Orders, Payments, and Fees

Payments are processed by third-party payment processors, currently Stripe. OpenKitchen never stores your full payment card details. Prices, availability, pickup windows, delivery availability, and item descriptions are set by each Cook and may change without notice. OpenKitchen charges a platform service fee of seven percent (7%) on food orders and five percent (5%) on catering bookings; the applicable fee is disclosed at checkout. Applicable taxes, tips, and processor fees may also apply. All fees are non-refundable except as expressly stated in the Refund Policy or as required by law.

5. Independent Contractors

Cooks are independent contractors and are not employees, agents, franchisees, partners, joint venturers, or representatives of OpenKitchen. OpenKitchen has no control over, and does not supervise, direct, or manage, the day-to-day operations, pricing, ingredients, sourcing, sanitation, storage, packaging, transportation, marketing claims, allergen labeling, or menu content of any Cook.

6. Food Safety, Licensing, and Compliance

All food safety, licensing, permitting, insurance, cottage-food compliance, labeling, allergen disclosure, sanitation, temperature control, and regulatory compliance are the sole and exclusive responsibility of the Cook. OpenKitchen does not verify, certify, endorse, warrant, or guarantee any Cook's compliance with any law, regulation, ordinance, health code, permit requirement, or licensing requirement. Customers are strongly encouraged to independently verify a Cook's licensing status and to communicate directly with a Cook regarding allergens, dietary restrictions, and preparation practices before ordering.

7. No Warranties

THE PLATFORM AND ALL CONTENT 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, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY. OPENKITCHEN MAKES NO REPRESENTATION OR WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OBTAINED FROM OPENKITCHEN OR THROUGH THE PLATFORM CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPENKITCHEN OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, PERSONAL INJURY, FOODBORNE ILLNESS, OR ALLERGIC REACTION, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR 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.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your access to or use of the Platform; (ii) your violation of these Terms or any policy incorporated by reference; (iii) your violation of any third-party right, including any intellectual property, publicity, confidentiality, property, or privacy right; (iv) any dispute between you and a Cook; or (v) any illness, injury, allergic reaction, or property damage arising from any food or service provided by any Cook.

10. Binding Arbitration; Class-Action Waiver

Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding individual arbitrationadministered by the American Arbitration Association under its Consumer Arbitration Rules. YOU AND OPENKITCHEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Nothing in this Section prevents either party from seeking injunctive relief in a court of competent jurisdiction to protect intellectual property rights.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of [State], United States of America, without regard to its conflict-of-laws principles. Subject to the arbitration provision above, exclusive venue for any court proceeding shall lie in the state or federal courts located in [County], [State].

12. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice by updating the "Last updated" date and, where appropriate, by email or in-app notice. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

13. Termination

We may suspend or terminate your account or access to the Platform at any time, with or without cause, and with or without notice. All provisions that by their nature should survive termination shall survive, including Sections 6–11.

14. Severability; Entire Agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. These Terms, together with all policies incorporated by reference, constitute the entire agreement between you and OpenKitchen regarding the Platform and supersede all prior agreements and understandings.

15. Notices

Legal notices to OpenKitchen must be sent to legal@openkitchen.food.