Terms of Service

1. Introduction and Acceptance

Welcome to Famishly. These Terms of Service ("Terms") form a binding legal agreement between you and Famishly Inc. ("Famishly," "we," "us," or "our"), a company incorporated in Alberta, Canada, governing your access to and use of famishly.com, our mobile applications, and any related services (collectively, the "Service").

By creating an account, clicking "I agree," or otherwise using the Service, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction), that you have the legal capacity to enter into this agreement, and that you accept these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

Changes to these Terms. We may modify these Terms at any time. Material changes will be communicated by email or in-app notice at least fourteen (14) days before they take effect. Non-material changes (typo fixes, clarifications) take effect when posted. The current version is always available at famishly.com/terms. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to a change, you must stop using the Service before it takes effect.

2. Privacy

Our Privacy Policy explains what personal information we collect, how we use it, and the choices you have. By using the Service you also agree to the Privacy Policy.

3. The Service - Marketplace Only

Famishly is a neutral online marketplace that allows independent home cooks ("Cooks") to list food items and allows buyers ("Buyers") to browse, order, and pay for those items. Famishly is not the seller, producer, preparer, packager, handler, inspector, distributor, or deliverer of any food sold through the Service. All food sold through the Service is prepared and sold by independent Cooks in their own kitchens. Famishly does not employ Cooks; Cooks are independent contractors who use the Service to reach Buyers.

The contract for the sale of any food item is formed directly between the Buyer and the Cook. Famishly is not a party to that contract. Famishly provides the technology platform, payment processing facilitation (through Stripe), the holding and release of order funds (escrow) described in Section 7, and dispute-administration tools, but Famishly does not warrant, endorse, or guarantee any food, listing, Cook, or Buyer.

4. Food, Health, and Assumption of Risk

Home-prepared food carries inherent risks that you accept by using the Service. These risks include but are not limited to: foodborne illness, allergic reactions, cross-contamination, undeclared or mislabeled ingredients, improper storage or temperature control, and preparation in kitchens that are not licensed or inspected by any government authority.

Cooks listing on Famishly may operate under cottage-food, home-kitchen, or similar laws that vary widely by jurisdiction, and some Cooks may operate in jurisdictions where no licensing is required. Famishly does not inspect Cook kitchens, does not test food, does not verify ingredient lists, does not verify allergen disclosures, and does not certify that any Cook complies with any food-safety law.

If you have any food allergy, intolerance, immune deficiency, are pregnant, are elderly, are feeding a young child, or have any other condition that makes you sensitive to food-safety issues, do not order through Famishly without first contacting the Cook directly and satisfying yourself as to the safety of the food.

By placing an order you knowingly and voluntarily assume all risks associated with consuming food prepared by an independent Cook, and you release Famishly from any and all claims arising from such consumption, to the maximum extent permitted by law.

5. Accounts and User Conduct

a. Account responsibility

You are responsible for maintaining the confidentiality of your password and for all activity under your account. Notify us immediately at security@famishly.com of any unauthorized use.

b. Prohibited conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable food-safety, tax, health, or business-licensing law.
• List or order food items containing illegal substances, raw or undercooked items prohibited by law in the relevant jurisdiction, or items requiring a license the Cook does not hold.
• Misrepresent ingredients, allergens, preparation methods, or qualifications.
• Impersonate any person, falsify your identity, or use the Service on behalf of someone else without authorization.
• Harass, threaten, defame, or discriminate against another user.
• Circumvent the Service to transact off-platform in order to avoid fees.
• Attempt to access, scrape, reverse-engineer, probe, or disrupt the Service, its security, or other users' data.
• Upload content that infringes copyright, trademark, or other intellectual-property rights.
• Use the Service to send spam, malware, or unsolicited commercial messages.

c. Cook obligations

If you sell on Famishly, you additionally represent and warrant that:

• You comply with all applicable food-safety, cottage-food, home-kitchen, labeling, allergen-disclosure, tax-collection, business-licensing, and health-inspection laws in your jurisdiction.
• You hold all permits, licenses, and certifications required to prepare and sell the food you list.
• You accurately describe ingredients, allergens, and preparation methods.
• You maintain food at safe temperatures and follow safe handling practices.
• You will report your income to the appropriate tax authorities.
• You will indemnify and hold harmless Famishly as set out in Section 10.

d. Termination

We may suspend or terminate your account, remove listings, or refuse service at any time, with or without notice, if we believe you have violated these Terms or pose a risk to other users or the Service. You may close your account at any time from account settings.

6. Intellectual Property

Our content. The Service, its design, logos, software, and content created by Famishly are owned by Famishly Inc. and protected by copyright, trademark, and other laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. You may not reproduce, modify, distribute, or create derivative works of our content without our written permission.

Your content. You retain ownership of the content you upload (photos, listings, messages, reviews, etc.). By uploading, you grant Famishly a worldwide, royalty-free, sub-licensable license to host, display, reproduce, adapt, and distribute that content as reasonably necessary to operate, promote, and improve the Service. You represent that you have the right to grant this license and that your content does not infringe any third-party rights.

Copyright complaints. If you believe your copyrighted work has been used on Famishly without authorization, send a notice under the U.S. DMCA, Canada's Copyright Act notice-and-notice regime, or your local equivalent to copyright@famishly.com identifying the work, the infringing material, your contact information, and a good-faith statement.

7. Payments, Fees, Escrow, and Refunds

Payment processing. Payments are processed by Stripe, Inc. and its affiliates ("Stripe") under Stripe's own terms, including the Stripe Services Agreement and, for Cooks, the Stripe Connected Account Agreement. You authorise Famishly and Stripe to charge your payment method for the total amount of your order, including the subtotal, any applicable taxes, and any delivery fee.

Pricing and currency. Prices are set by Cooks and displayed in Canadian Dollars (CAD) by default, or in your local currency where supported. You are responsible for any currency-conversion or foreign-transaction fees charged by your bank.

a. Funds held in escrow

When you place an order, your payment is captured at checkout and held by Famishly through Stripe rather than paid to the Cook right away. Famishly holds these funds on its platform balance as an intermediary and does not release the Cook's payout until one of the following happens:

• Confirmed pickup. The payout is released to the Cook once pickup of the order has been confirmed. You can release funds early at any time by tapping Confirm pickup on your order once you have received it.
• Automatic release. If no problem has been reported, the held funds are automatically released to the Cook 24 hours after the scheduled pickup time. For an order with no stated pickup time, the automatic release runs a reasonable, disclosed period after payment instead. Automatic release means a Cook who prepares the food and hands it over is paid even if you forget to tap Confirm pickup.

Holding funds in escrow is intended to protect both sides: Buyers are protected against paying for food they never receive, and honest Cooks are protected because the default outcome is that they get paid. Famishly may also continue to hold or delay a payout where reasonably necessary to investigate fraud, a Buyer report, a dispute, or a chargeback, or where required by law or by Stripe.

Cook cancellations. If a Cook cannot fulfil an order in time, the Cook may cancel the order before pickup. When a Cook cancels, the held funds are not released to the Cook and the Buyer is refunded in full to the original payment method (the refund itself is processed by Stripe and the time it takes to appear depends on the Buyer's bank or card issuer).

b. Fees

Famishly's fee. Famishly charges a fee of 12% of the order subtotal. This is made up of a 10% platform fee retained by Famishly and a 2% contribution to the charity the Buyer chooses at checkout (currently the UN World Food Programme, the Global Food Banking Network, World Central Kitchen, or Action Against Hunger). The charity portion is an accounting earmark within Famishly's fee and is paid out to the chosen charity on a periodic basis; it is not a separate charge to you.

Stripe's processing fee. Stripe's payment-processing fee (approximately 3% plus CA$0.30 per transaction) is borne by the Cook and is deducted from the Cook's payout. It is not an additional charge to the Buyer and is not absorbed by Famishly.

What the Cook receives. The Cook's payout is the order subtotal minus Famishly's 12% fee and minus Stripe's processing fee, plus any delivery fee, which is passed through to the Cook in full. For example, on a CA$20 subtotal with no delivery fee, the Cook nets approximately CA$16.70, Famishly retains CA$2.00, CA$0.40 goes to the chosen charity, and Stripe takes approximately CA$0.90 from the Cook's share. All amounts and the fee breakdown are disclosed at checkout. We may change our fees with at least 14 days' notice.

c. Buyer protection - report a problem

If something is wrong with your order, you can report a problem from the order page while the funds are still held (that is, before the payout has been released to the Cook). The reasons you can choose from include: the order was not received, items were wrong or missing, or there was a quality problem; you may add a short description and photos. Reporting a problem in time pauses the automatic release so the funds stay with Famishly while we look into it.

Dispute window. To use the in-app report process, please report the problem before the held funds are released - that is, before you confirm pickup and within 24 hours of the scheduled pickup time. If the funds have already been released, the in-app report path is closed; contact us at support@famishly.com and we will still try to help, and you keep any rights you have with your bank or card issuer.

How disputes are resolved. When you report a problem, Famishly reviews your report, the Cook's response, any photos, and the order history, and decides in good faith. We may resolve a dispute by (i) releasing the payout to the Cook where the order was fulfilled, (ii) refunding the Buyer in full from the held funds, or (iii) issuing a partial refund with a correspondingly reduced payout to the Cook. Because the funds are still held by Famishly at this stage, a refund decided in your favour comes out of the money we are holding for that order, so you are not left chasing the Cook. Famishly is not the seller or merchant of record for the food itself and does not independently guarantee the quality or safety of any order; our role is to administer the held funds fairly between Buyer and Cook. Nothing in this Section limits any non-waivable consumer-protection rights you may have under applicable law.

d. Cook payouts

Cooks are paid through Stripe Connect. Once an order's funds are released (on confirmed pickup or by automatic release), Famishly transfers the Cook's payout - the subtotal less Famishly's 12% fee and less Stripe's processing fee, plus any delivery fee - to the Cook's connected Stripe account. Famishly may withhold, delay, or reserve a portion of a Cook's payout where reasonably necessary to cover potential refunds, chargebacks, or disputes, where a Cook has a pattern of upheld disputes or chargebacks, or where required by law or by Stripe. Cooks are responsible for keeping their Stripe account in good standing; if a payout cannot be completed because a Cook's account is restricted, the funds remain held until the issue is resolved.

e. Refunds after a payout has been released

If a refund is owed after the Cook has already been paid (for example, a problem comes to light after release), Famishly may refund the Buyer and recover the corresponding amount from the Cook, including by reversing the Cook's transfer or recovering it from the Cook's future payouts or held reserves. By selling on Famishly, Cooks authorise these reversals and recoveries.

f. Chargebacks

A chargeback is when a Buyer asks their bank or card issuer to reverse a charge, rather than reporting the problem to Famishly. Because Famishly acts as the payment intermediary, card disputes are raised against Famishly, and Stripe notifies us when one is opened. We ask that you use the in-app report process or contact support@famishly.com before initiating a chargeback, because we can usually resolve a genuine problem faster and from the funds we are holding, and a chargeback exposes the Cook to bank fees. Initiating a chargeback without first attempting resolution through Famishly may be treated as a violation of these Terms and can result in account suspension. Nothing in this paragraph affects your legal right to dispute a charge with your bank or card issuer where the law gives you that right. Where a chargeback is resolved against Famishly, we may recover the amount and any associated fees from the relevant Cook as set out in subsection (e), unless the loss is properly Famishly's to bear.

8. Disclaimer of Warranties

To the maximum extent permitted by applicable law:

The Service and all food, content, and listings available through the Service are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, statutory, or otherwise. Famishly expressly disclaims all warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, accuracy, reliability, freedom from defects, freedom from viruses, uninterrupted operation, and any warranty arising from course of dealing or usage of trade.

Famishly does not warrant that any food sold through the Service is safe, accurately described, free from allergens, prepared in compliance with any law, or fit for human consumption. We do not warrant that any Cook is licensed, qualified, honest, or competent. Use of the Service is entirely at your own risk.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

In no event will Famishly, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, revenue, data, goodwill, business interruption, personal injury, illness, or pain and suffering, arising out of or in connection with the Service or these Terms, whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if Famishly has been advised of the possibility of such damages.

The total aggregate liability of Famishly to you for all claims arising out of or relating to the Service or these Terms, regardless of the form of action, will not exceed one hundred Canadian dollars (CA$100).

The limitations in this Section apply to the maximum extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages (for example, Quebec consumer-protection law, and laws applicable to death or personal injury caused by negligence in certain jurisdictions), so some of the above may not apply to you. In such cases our liability is limited to the greatest extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Famishly Inc., its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or third-party right; (d) any food you prepare, sell, list, deliver, or consume; and (e) any dispute between you and another user. Famishly reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you agree to cooperate.

11. Dispute Resolution - Arbitration and Class Waiver

Read this section carefully. It affects your rights.

a. Informal resolution. Before filing any formal dispute, you agree to first contact us at legal@famishly.com with a written description of the dispute. The parties will attempt in good faith to resolve the dispute for at least sixty (60) days before commencing arbitration.

b. Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved by final and binding arbitration administered by the ADR Institute of Canada under its Arbitration Rules, with the seat of arbitration in Calgary, Alberta, Canada. The arbitration will be conducted in English. Hearings may be held remotely (by video) at the election of either party so that participation is accessible to users worldwide. Judgment on the award may be entered in any court of competent jurisdiction.

c. Class-action waiver. You and Famishly agree that any dispute will be brought in an individual capacity only and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator has no authority to consolidate claims or preside over any form of class proceeding. If a court of competent jurisdiction finds this class-action waiver unenforceable as to a particular claim, that claim must be brought in court, but the remainder of this Section continues to apply.

d. Exceptions. Nothing in this Section prevents either party from (i) seeking injunctive or equitable relief in court to protect intellectual-property rights or stop unauthorized access; (ii) bringing small-claims actions where eligible; or (iii) exercising any non-waivable right under applicable consumer-protection law.

e. Opt-out. You may opt out of this arbitration agreement by sending written notice to legal@famishly.com within thirty (30) days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration.

12. Governing Law

These Terms and any non-arbitrable dispute are governed by the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta, without regard to its conflict-of-laws rules. Subject to Section 11, the courts located in Calgary, Alberta have exclusive jurisdiction over any matter not subject to arbitration. This choice of law does not deprive you of the benefit of mandatory consumer-protection laws of the country in which you reside.

13. Miscellaneous

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Famishly regarding the Service and supersede all prior agreements.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure. Famishly is not liable for any delay or failure to perform due to causes beyond its reasonable control.
• Survival. Sections 4, 6, 8, 9, 10, 11, 12, and 13 survive termination of these Terms or your account.
• Notices. We may give you notice by email or in-app message. You may give us notice at the address below.

14. Contact

Famishly Inc.
Province of Alberta, Canada
Email: legal@famishly.com
Support: support@famishly.com
Phone: +1 (780) 935-8664