Agreement to these terms
These Terms of Service ("Terms") govern your access to and use of Kitchen Counter-Measures (the "Service"). By creating an account, browsing, ordering, listing meals as a cook, or otherwise using the Service, you agree to these Terms and our Privacy Policy.
If you do not agree, do not use the Service.
What we are (and are not)
Kitchen Counter-Measures is a technology marketplace that helps independent home cooks offer scheduled pickup meals to local customers. We are not a restaurant, caterer, food manufacturer, or delivery company. Cooks are independent and are not our employees, agents, or partners unless we state otherwise in writing.
We do not prepare food. Cooks are solely responsible for how food is made, packaged, labeled, stored, and handed off, subject to applicable law.
Eligibility
You must be at least 18 years old and able to form a binding contract to use the Service. Cooks must complete our application process and receive approval before listing meals. We may refuse or revoke access at any time for policy, safety, or legal reasons.
Accounts and security
You are responsible for your account credentials and activity under your account. Provide accurate information and keep it updated. Notify us promptly at support@kitchencountermeasures.com if you suspect unauthorized access.
Orders, pricing, and payments
Each listing shows the cook's price and pickup window. When you place an order, you are entering into a transaction with the cook for that meal, facilitated through our Service.
If card checkout is offered, payment is processed by our payment processor. Prices, taxes, fees, and refunds (if any) are shown or described at checkout or in order details. Chargebacks and payment disputes may be handled according to processor rules and our policies.
Pickup and no home entry
Pickup times and methods are set by the cook on each listing. Customers must arrive during the stated window unless the cook agrees otherwise through order messages.
Unless a listing clearly states otherwise, pickup is outside the home (porch, curbside, or an agreed public meetup spot). Customers must not enter a cook's home without explicit permission. Cooks must not pressure customers to enter private residences.
Food safety, allergens, and compliance
Homemade food carries inherent risks. Cooks represent that they comply with applicable laws, permits, and kitchen rules in their area. Cooks must provide honest allergen and ingredient information on listings.
Customers with allergies or dietary needs must read listings carefully and communicate with the cook before ordering. We do not guarantee that any meal is free of allergens or suitable for a particular diet.
Our disclosures page and cook onboarding acknowledgments describe platform expectations; they are not legal advice about what is required in your jurisdiction.
Cook responsibilities
If you list meals as a cook, you agree to:
- Provide accurate titles, descriptions, photos, prices, pickup windows, and pickup instructions.
- Honor confirmed orders or communicate promptly if you cannot fulfill them.
- Maintain safe food handling practices and comply with applicable regulations.
- Pause or remove listings that are sold out, expired, or inaccurate.
- Treat customers respectfully and not discriminate unlawfully.
Customer responsibilities
If you order as a customer, you agree to:
- Complete phone verification when required before ordering.
- Arrive on time for pickup and follow the cook's reasonable pickup instructions.
- Pay for orders you place according to the checkout flow.
- Communicate respectfully and report safety concerns through our reporting tools.
Listings, photos, and user content
You retain ownership of content you submit, but grant us a non-exclusive license to host, display, and use it to operate and promote the Service. You represent that you have rights to photos and text you upload and that listings are not misleading or unlawful.
We may remove or moderate content that violates these Terms, our policies, or applicable law.
Reports and moderation
We may investigate reports about listings, kitchens, or orders. We may warn, suspend, or remove users or content at our discretion. We are not obligated to monitor all activity.
Prohibited conduct
You may not:
- List or sell food you are not legally permitted to sell, or misrepresent permits or kitchen type.
- Use the Service for fraud, harassment, hate, threats, or illegal activity.
- Circumvent fees, scrape the Service, or interfere with security or operations.
- Impersonate others or post false reviews or orders (if review features are added later, the same honesty rules apply).
Cancellations and changes
In short: Either party should communicate promptly if pickup cannot happen as planned.
Cooks should cancel or pause listings they cannot fulfill. Customers should cancel only when necessary and message the cook. We may adjust order status during pilot while policies mature.
Refunds and payment disputes
In short: Refund outcomes depend on what happened, payment status, and processor rules.
If card checkout is enabled, refunds or partial refunds may be issued when appropriate through our payment processor. Chargebacks are handled under processor and bank rules. Contact support with order details if you believe a refund is warranted.
Late pickups, no-shows, and expired windows
In short: Pickup windows are part of the deal. Missing a window can mean the order is treated as complete or unresolved.
Customers should arrive during the chosen pickup window. Cooks should be available during the window they published. If a customer is late or does not show, the cook may follow their reasonable policy stated on the listing or messages. If a cook is unavailable, the customer should report the issue.
Food quality and safety disputes
In short: We facilitate coordination but do not guarantee meal quality. Serious safety issues should be reported immediately.
Disputes about taste, portion size, or scheduling should start between buyer and cook. Allegations of illness, mislabeling, or illegal activity should be reported through our tools so we can review.
Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant uninterrupted or error-free operation, or the quality, safety, or legality of any meal offered by cooks.
Limitation of liability
To the fullest extent permitted by law, we and our officers, directors, employees, and suppliers will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising from your use of the Service or any meal transaction.
Our total liability for claims relating to the Service will not exceed the greater of (a) amounts you paid us in fees for the Service in the twelve months before the claim, or (b) fifty U.S. dollars ($50), except where liability cannot be limited by law.
Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the maximum permitted by law.
Indemnification
You agree to defend, indemnify, and hold harmless us and our affiliates from claims arising out of your use of the Service, your listings or orders, your violation of these Terms, or your violation of others' rights or applicable law.
Suspension and termination
You may stop using the Service at any time. We may suspend or terminate access with or without notice if we believe you violated these Terms or pose a risk to users or the platform.
Changes to these terms
We may update these Terms from time to time. We will post the updated Terms on this page and update the "Last updated" date. Material changes may also be communicated through the Service or by email where appropriate. Continued use after changes means you accept the updated Terms.
Governing law
These Terms are governed by the laws of the State of Nebraska, United States, without regard to conflict-of-law rules, except where mandatory consumer protection laws in your state apply.
Disputes will be brought in the state or federal courts located in Nebraska, unless applicable law requires otherwise. You and we consent to personal jurisdiction in those courts.
Contact
Questions about these Terms: support@kitchencountermeasures.com.