Terms of Service

1. Acceptance of Terms

By accessing or using WarmTable (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. These Terms constitute a legally binding agreement between you and WarmTable, Inc. ("WarmTable," "we," "us," or "our").

2. Description of Service

WarmTable is a mobile marketplace platform that connects home-based food sellers with local buyers in California. The platform facilitates the discovery, ordering, and delivery of homemade food prepared by permitted home kitchen operators operating under California's Cottage Food Law (AB 1616, AB 1036) and the Microenterprise Home Kitchen Operations (MEHKO) program (AB 626). WarmTable is a technology platform and does not itself prepare, sell, or deliver food.

3. Eligibility

You must be at least 18 years of age and a resident of, or located within, California to use the Service. By creating an account, you represent and warrant that you meet these eligibility requirements. We reserve the right to refuse service to anyone at our sole discretion.

4. User Accounts

• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

• You must provide accurate, current, and complete information during registration and keep your account information updated.

• You may not create multiple accounts, share your account with others, or transfer your account to another person.

• You must immediately notify us of any unauthorized access to or use of your account.

• We reserve the right to suspend or terminate accounts that violate these Terms.

5. Buyer Terms

• Orders placed through WarmTable are binding and subject to the seller's acceptance and availability.

• Prices displayed are set by individual sellers and may include applicable service fees, delivery fees, and taxes.

• You are responsible for providing accurate delivery information. WarmTable is not liable for failed deliveries due to incorrect addresses.

• Cancellation and refund policies vary by seller and order status. Once food preparation has begun, cancellation may not be possible.

• You acknowledge that homemade food is prepared in home kitchens, not commercial facilities, and accept associated risks.

• You are responsible for communicating any food allergies or dietary restrictions to the seller before placing an order.

6. Seller Terms

• Sellers must hold valid California food handling permits (Cottage Food permit or MEHKO registration) and comply with all applicable state and local food safety regulations.

• Sellers must complete the verification process and maintain current permit documentation on their WarmTable profile.

• Sellers are solely responsible for the quality, safety, and accurate description of the food they prepare and sell.

• Sellers must comply with California labeling requirements, including listing all ingredients and allergen information.

• Sellers must not exceed the annual sales limits imposed by their permit type ($75,000 for Class B Cottage Food; $150,000 for MEHKO).

• WarmTable charges a platform service fee on each transaction, which will be deducted from seller payouts.

• Sellers must respond to orders within the timeframes specified in the platform and maintain reasonable fulfillment standards.

• WarmTable reserves the right to suspend or remove sellers who violate food safety standards or receive consistent negative feedback.

7. Payments and Fees

• All payments are processed securely through Stripe. By making a purchase, you agree to Stripe's terms of service.

• Buyers are charged at the time of order placement. Seller payouts are processed according to the payout schedule outlined in the Seller Dashboard.

• WarmTable charges service fees that may include a buyer service fee and a seller platform fee. Fees are displayed before order confirmation.

• Refunds are handled on a case-by-case basis. Refund eligibility depends on order status, reason for the request, and seller policies.

• WarmTable Premium subscription fees are non-refundable except as required by applicable law or platform store policies.

8. Content and Conduct

• You retain ownership of content you submit (photos, reviews, descriptions) but grant WarmTable a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content in connection with the Service.

• You agree not to submit false, misleading, defamatory, or offensive content.

• You agree not to use the Service for any unlawful purpose, to harass other users, or to interfere with the platform's operation.

• Reviews and ratings must be honest, based on genuine experiences, and not manipulated by incentives or threats.

• We reserve the right to remove content that violates these Terms or community guidelines without prior notice.

9. Intellectual Property

All intellectual property rights in the WarmTable platform, including its design, software, logos, trademarks, and proprietary content, are owned by WarmTable, Inc. You may not copy, modify, distribute, reverse engineer, or create derivative works based on any part of the Service without our prior written consent.

10. Disclaimers and Limitation of Liability

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

• WarmTable does not guarantee the quality, safety, or legality of food sold through the platform. Sellers are independently responsible for compliance with all food safety laws and regulations.

• WarmTable is not liable for any illness, allergic reaction, injury, or damages arising from the consumption of food purchased through the Service.

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, WARMTABLE'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO WARMTABLE IN THE 12 MONTHS PRECEDING THE CLAIM.

• WarmTable is not responsible for the actions or omissions of sellers, buyers, or delivery partners.

11. Indemnification

You agree to indemnify, defend, and hold harmless WarmTable, Inc., its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Dispute Resolution

• Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

• Arbitration shall take place in California. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

• For disputes involving amounts less than $10,000, either party may choose to resolve the dispute in small claims court.

• Nothing in this section prevents either party from seeking injunctive or other equitable relief in court for matters related to intellectual property or unauthorized access.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including ownership, disclaimers, indemnification, and limitations of liability.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the app or via email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Contact Us

If you have any questions about these Terms of Service, please contact us at: warmtablesupport@gmail.com