Terms and Conditions

1. Acceptance of Terms

By accessing or using PlateSend, creating an account, placing an order, or listing food for sale, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Platform.

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Platform. Your continued use after changes are posted constitutes acceptance of the revised Terms.

2. About the Platform

PlateSend is a marketplace that connects consumers with home cooks who hold valid Microenterprise Home Kitchen Operation (MEHKO) permits under California Retail Food Code Chapter 11.6. PlateSend is registered as an Internet Food Service Intermediary (IFSI) with the California Department of Public Health (CDPH).

3. Accounts & Registration

To use certain features of the Platform, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Keep your login credentials confidential and not share them with others
• Be responsible for all activity that occurs under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 18 years old to create an account on PlateSend. We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are fraudulent.

4. Home Cook Terms

If you register as a home cook on PlateSend, you additionally agree to the following:

Permit Requirements

• You must hold a valid, current MEHKO permit issued by your local enforcement agency (county health department)
• You must provide your permit number and enforcement agency name, which will be displayed publicly on your profile
• You must maintain your permit in good standing at all times while listing food on PlateSend
• You must immediately notify PlateSend if your permit is suspended, revoked, or expires

Food Safety & Compliance

• You are solely responsible for the safety, quality, and legality of all food you prepare and sell through the Platform
• You must comply with all applicable federal, state, and local food safety laws and regulations, including California Retail Food Code Chapter 11.6
• You must not exceed MEHKO daily meal limits (30 meals per day, 60 per week) or annual gross sales caps ($75,000) as established by law
• You must accurately describe your food, including allergen information
• You must not use the word "catering" or any variation in your listings or food descriptions

Delivery Restrictions

• Under MEHKO regulations, food sold through PlateSend must be delivered by you (the cook) personally or picked up by the customer
• Third-party delivery services (DoorDash, Uber Eats, Grubhub, etc.) may not be used to deliver orders placed through PlateSend, except as permitted by law for consumers with qualifying disabilities

Consent to Disclosure

By listing food on PlateSend, you consent to PlateSend sharing your required disclosures (including permit number, business name, and enforcement agency) with consumers on the Platform and with government entities as required by California law.

Independent Contractor Status

Home cooks on PlateSend are independent operators, not employees, contractors, or agents of TAMD LLC. You are responsible for your own taxes, insurance, and compliance with all applicable laws.

5. Customer Terms

If you use PlateSend to browse or purchase food, you agree to the following:

• You understand that all food available on PlateSend is prepared in private home kitchens by independently permitted MEHKO operators, not in commercial restaurants or licensed food facilities
• You are responsible for communicating any food allergies, dietary restrictions, or special requirements to the cook before or at the time of ordering
• You will pick up orders at the agreed time and location, or be available at the delivery address if delivery is offered
• You will not resell food purchased through PlateSend

6. Orders & Transactions

When you place an order on PlateSend:

• Your order is a request to purchase food from a specific home cook. The cook may accept or decline your order.
• An order is confirmed only when the cook accepts it. You will receive a notification when your order is accepted.
• Cooks may set lead times for preparation. Estimated ready times are provided as good-faith estimates and are not guaranteed.
• PlateSend reserves the right to cancel orders that violate these Terms or that involve suspicious activity.

Cancellations & Refunds

• Customers may cancel an order before the cook accepts it for a full refund
• Once a cook has accepted and begun preparing an order, cancellation and refund policies are at PlateSend's discretion
• If a cook cancels an accepted order, the customer will receive a full refund
• Food safety complaints and quality issues should be reported to us at platesend@gmail.com and may be eligible for a refund on a case-by-case basis

7. Payments & Fees

All payments on PlateSend are processed through Stripe. By making a purchase or receiving payouts, you agree to Stripe's Terms of Service.

Customer Payments

• Customers pay the listed meal price plus an applicable service fee at checkout
• All prices are listed in U.S. dollars
• Payment is collected at the time of order placement and held until the order is fulfilled

Cook Payouts

• Cooks receive payouts through Stripe Connect after orders are marked as delivered or picked up
• PlateSend deducts a platform commission from each transaction before payout
• Cooks are responsible for setting up and maintaining their Stripe Connect account
• Payout timing is subject to Stripe's processing schedules

Fee Disclosure

PlateSend's current fee structure is posted on our Transparency & Safety page. We may update our fees from time to time and will provide notice of any changes. Updated fees apply to orders placed after the change takes effect.

8. SMS Text Messages

PlateSend uses Twilio to send order-related text messages. By using the Platform, you acknowledge and agree that:

• You will receive automated SMS messages related to order status, including order confirmations, preparation updates, and pickup/delivery notifications
• Message frequency varies depending on your order activity
• Message and data rates may apply depending on your mobile carrier and plan
• You can opt out at any time by replying STOP to any PlateSend text message
• You can get help by replying HELP to any PlateSend text message
• Opting out of SMS may affect your ability to receive real-time order updates
• PlateSend is not responsible for any charges your mobile carrier may impose for receiving text messages

SMS messages are limited to order-related and service-related notifications. We will not send marketing or promotional texts unless you separately and explicitly opt in.

Supported carriers include but are not limited to AT&T, T-Mobile, Verizon, and Sprint. Carrier coverage and message delivery are not guaranteed.

9. Food Safety & Complaints

PlateSend takes food safety seriously. Every cook on the Platform must hold a valid MEHKO permit, and each cook's permit number and enforcement agency are displayed on their profile.

Reporting Concerns

If you experience a food safety or hygiene issue with an order placed through PlateSend:

• Contact PlateSend at platesend@gmail.com with your order details and a description of the concern
• You may also file a complaint directly with your local county environmental health department. For LA County, contact the Department of Public Health, Environmental Health Division

Important Acknowledgment

By ordering food through PlateSend, you acknowledge that all food is prepared in private home kitchens, not commercial food facilities. While all cooks are required to hold valid MEHKO permits and comply with food safety regulations, PlateSend does not independently inspect home kitchens and relies on local enforcement agencies for permit issuance and compliance monitoring.

10. Prohibited Conduct

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable laws
• Create a false identity, impersonate another person, or misrepresent your affiliation with any person or entity
• List food for sale without a valid MEHKO permit
• Use third-party delivery services to deliver MEHKO food in violation of California regulations
• Use the word "catering" or any variation in food listings
• Harass, threaten, or abuse other users of the Platform
• Submit false reviews or ratings
• Attempt to circumvent any security features of the Platform
• Scrape, harvest, or collect information from the Platform using automated means
• Use the Platform to distribute spam, malware, or harmful content
• Interfere with or disrupt the Platform or its infrastructure

Violation of these prohibitions may result in immediate account suspension or termination.

11. Intellectual Property

The PlateSend name, logo, website design, and all related content, graphics, and software are the property of TAMD LLC and are protected by applicable intellectual property laws. You may not copy, reproduce, modify, or distribute any part of the Platform without our prior written consent.

Content you submit to the Platform (food photos, descriptions, reviews) remains yours, but you grant PlateSend a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content in connection with operating the Platform.

12. Disclaimers & Limitation of Liability

Platform "As Is"

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Food & Marketplace Disclaimers

PlateSend does not prepare, cook, handle, or deliver food. We are a marketplace that connects consumers with independent, permitted home cooks. Accordingly:

• PlateSend does not guarantee the quality, safety, legality, or suitability of any food sold through the Platform
• PlateSend does not guarantee that any cook will accept your order, meet preparation timelines, or fulfill orders to your satisfaction
• PlateSend does not guarantee the accuracy of menu descriptions, allergen information, or food photos provided by cooks
• PlateSend does not independently verify or inspect home kitchens beyond requiring valid MEHKO permits

Liability Insurance Notice

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAMD LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE PLATFORM, ANY FOOD PURCHASED THROUGH THE PLATFORM, OR ANY CONDUCT OF OTHER USERS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO PLATESEND IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless TAMD LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Food you prepare and sell through the Platform (for cooks)
• Any dispute between you and another user

14. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice. Reasons for termination include but are not limited to violation of these Terms, fraudulent activity, expired or revoked MEHKO permits, or food safety violations.

You may close your account at any time by contacting us at platesend@gmail.com. Account closure does not release you from obligations for any pending orders or outstanding payments.

Sections of these Terms that by their nature should survive termination (including disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

15. Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict of law provisions. Any disputes arising from these Terms or your use of the Platform shall be resolved as follows:

Informal Resolution

Before filing any formal legal action, you agree to contact us at platesend@gmail.com and attempt to resolve the dispute informally for at least 30 days.

Jurisdiction

If informal resolution fails, any legal proceedings shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of those courts.

16. General Provisions

• Entire Agreement — These Terms, together with the Privacy Policy, constitute the entire agreement between you and PlateSend regarding your use of the Platform.
• Severability — If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver — Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment — You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure — PlateSend shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, pandemics, government actions, or infrastructure failures.

17. Contact Us

If you have questions about these Terms, contact us at:

TAMD LLC (doing business as PlateSend)
Email: platesend@gmail.com
Website: platesend.com