FOODI Terms of Service

1. Acceptance and Eligibility

By creating an account, placing an order, or listing as a cook, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Platform. You must be at least 18 years old and able to form a binding contract. The Platform is offered only in the United States, and cooks may list only in states where FOODI supports home kitchen sales.

2. What FOODI Is (and Isn't)

FOODI is a technology platform that lets customers discover and order food from independent home cooks. FOODI does not prepare, cook, package, store, sell, or deliver food. Every meal is made and sold by the cook who lists it. The contract for each food purchase is between the customer and the cook. FOODI is not a party to that sale, is not a restaurant or food business, and does not employ cooks.

3. Cooks Are Independent Businesses

Cooks are independent businesses, not employees, agents, partners, or joint venturers of FOODI. Cooks set their own menus, prices, hours, and portions. Each cook is solely responsible for:

• Holding every permit, registration, and training certificate their state, county, and city require (for example, a California MEHKO permit or Colorado cottage food registration)
• Food safety, safe handling, temperature control, labeling, and allergen disclosure
• Following all limits their law sets, such as meal caps, revenue caps, product types, and transport time
• Their own taxes, insurance, and business licenses

When a cook signs up, they confirm in writing that they hold everything their jurisdiction requires. FOODI relies on that confirmation and does not check it.

4. No Verification; Food Safety Notice

FOODI does not verify permits, inspect kitchens, test food, or approve cooks. Labels such as "Operates under CA MEHKO Law" describe the legal program a cook says they operate under. They are not a FOODI certification, endorsement, or guarantee.

Food from home kitchens may contain or contact common allergens, including milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soy, and sesame. If you have a food allergy or dietary restriction, ask the cook directly before ordering. FOODI cannot confirm ingredients.

You can confirm a cook's permit with your local health department. If you believe food made you sick, contact your local health department and the cook, and tell us at calvin.rose@getfoodi.com.

Cook documentation and food preparation. Each cook alone is responsible for keeping their permits and other documents current and properly filed, and for cooking, handling, storing, and transporting food safely. FOODI is not responsible for any cook's expired, missing, incomplete, or improperly filed documents, or for any illness, injury, or allergic reaction caused by a cook's food.

5. Orders, Payments, and Fees

Payments are processed by Stripe, Inc. When you pay for an order, you pay the cook. Each cook appoints FOODI as their limited payment collection agent solely to accept payment from customers on the cook's behalf. Your payment to FOODI through Stripe counts as payment to the cook, and the cook cannot charge you again for it.

Prices, fees, and any applicable taxes are shown at checkout before you pay. FOODI keeps a platform fee of 20% of each order from the cook's payout. Cooks are paid through Stripe Connect weekly on Fridays, after any refunds or chargebacks are deducted.

By using payments on the Platform, you also agree to Stripe's terms, including the Stripe Connected Account Agreement for cooks. Cooks are responsible for collecting and reporting any sales tax that applies to their food sales, unless FOODI is legally required to collect it as a marketplace facilitator in their state.

6. Cancellations, Refunds, and Disputes

Each cook sets their own cancellation and refund policy, shown on their profile or menu. If a cook cancels an order, you receive a full refund. If there is a problem with your food, contact the cook first. If you cannot resolve it, contact FOODI at calvin.rose@getfoodi.com within 48 hours of pickup or delivery. FOODI may, at its discretion, help mediate or issue a refund, and may recover that amount from the cook's payout. FOODI is not obligated to resolve disputes between customers and cooks.

7. Pickup and Delivery

Pickup and delivery are arranged directly between the customer and the cook. FOODI does not provide drivers, transport food, or charge delivery fees. Cooks must follow their state's transport rules. For example, Colorado limits refrigerated home-made food to a single transport of up to two hours starting January 1, 2027. Customers are responsible for picking up on time and storing food safely once received. Refrigerate perishable food promptly.

8. Accounts and Acceptable Use

Keep your login secure and your information accurate. You are responsible for activity on your account. You may not:

• Sell food you are not legally allowed to sell, or misrepresent your permits, ingredients, or allergens
• Arrange orders or payments outside FOODI to avoid platform fees for customers you met on FOODI
• Post false, misleading, harassing, or illegal content, or fake reviews
• Scrape, copy, reverse-engineer, or disrupt the Platform
• Use the Platform if you are barred by law or by a prior FOODI suspension

We may remove listings or suspend accounts that break these rules or that we reasonably believe put customers at risk.

9. Reviews and Your Content

You keep ownership of the photos, menus, reviews, and other content you post. You give FOODI a non-exclusive, worldwide, royalty-free license to host, display, and use that content to operate and promote the Platform, including in ads and social media. You confirm you have the right to post it. Reviews must reflect a real order and your honest experience. We may remove content that breaks these Terms.

10. Intellectual Property

FOODI™, the FOODI logo, and "Cook. Share. Earn." are trademarks of FOODI LLC. The Platform's software, design, and content (other than user content) belong to FOODI. You may not use our marks or copy the Platform without written permission.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, FOODI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOODI MAKES NO WARRANTY ABOUT THE QUALITY, SAFETY, LEGALITY, OR ACCURACY OF ANY FOOD, COOK, LISTING, OR LABEL.

12. Limitation of Liability

TO THE FULLEST EXTENT THE LAW ALLOWS, FOODI AND ITS MEMBERS, OFFICERS, AND AGENTS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY ILLNESS, INJURY, OR LOSS ARISING FROM FOOD PREPARED OR SOLD BY A COOK. FOODI'S TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE PLATFORM IS LIMITED TO THE GREATER OF (A) THE FEES FOODI RECEIVED FROM THE ORDER GIVING RISE TO THE CLAIM, OR (B) $100. Some states do not allow certain limits on liability, so some of these limits may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless FOODI and its members, officers, and agents from any claims, damages, losses, and costs (including reasonable attorneys' fees) arising from your use of the Platform, your breach of these Terms, or your violation of any law or third-party right. Cooks additionally agree to indemnify FOODI for any claim arising from food they prepare, package, label, sell, or transport, including foodborne illness, allergic reaction, and any failure to hold required permits.

14. Disputes, Arbitration, and Governing Law

These Terms are governed by California law, without regard to conflict-of-law rules. Before filing any claim, you agree to contact us at calvin.rose@getfoodi.com and try to resolve it informally for 30 days. If that fails, any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may bring a qualifying claim in small claims court.

YOU AND FOODI EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS OR REPRESENTATIVE ACTION. You may opt out of this arbitration section by emailing calvin.rose@getfoodi.com within 30 days of first accepting these Terms.

15. Termination, Changes, and Contact

You may close your account at any time. We may suspend or end your access if you break these Terms or if required by law. Sections 4 and 9 through 14 survive termination. We may update these Terms. We will post the new version with a new date and, for material changes, notify you in the app or by email. Continuing to use the Platform after changes take effect means you accept them.

Contact: FOODI LLC · calvin.rose@getfoodi.com