Homemade Terms of Service

Effective Date: June 12, 2025

Welcome to Homemade! These Terms of Service ("Terms") constitute a legally binding agreement between you and Cooking Homemade, Inc. ("Homemade," "we," "us," or "our") governing your access to and use of the Homemade platform (the "Platform"), which connects individuals seeking personalized, in-home meal preparation ("Clients") with independent home cooks ("Home Cooks").  By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

1. Definitions

• "User" refers to any person who accesses or uses the Platform, including Clients and Home Cooks.

• "Client" means a User who requests or receives in-home cooking services via the Platform.

• "Home Cook" means a User who provides cooking services to Clients via the Platform.

• "Services" means in-home meal preparation and related services provided by Home Cooks to Clients through the Platform.

• "Platform" includes all websites, applications, content, and services offered by Homemade.

2. Acceptance of Terms

By creating an account, booking a service, or otherwise using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not access or use the Platform. We may update these Terms at any time. We will provide notice of material changes by email or in-app notifications. Continued use of the Platform after such notice constitutes acceptance.

3. Eligibility

You must be at least 18 years old to use the Platform. Home Cooks may be required by Homemade to complete background checks and maintain valid food safety certifications in accordance with applicable law.

Note for Massachusetts Users: Under Massachusetts law and regulations (105 CMR 590.000), in-home food preparation for commercial purposes may be restricted. Homemade does not verify the legality of Services under local food safety laws. It is the responsibility of each User to ensure compliance with applicable regulations.

4. User Responsibilities

4.1 Clients agree to:

• Provide accurate booking information.

• Ensure cooking space meets health and safety standards.

• Communicate dietary needs, allergies, and scheduling clearly.

• Pay in full via the Platform.

• Accept inherent risks of in-home cooking.

• Not circumvent the Platform to engage Home Cooks directly.

4.2 Home Cooks agree to:

• Comply with local, state, and federal food laws.

• Maintain valid food safety certifications.

• Accurately represent qualifications.

• Provide safe, hygienic, and professional services.

• Maintain appropriate liability insurance (recommended).

• Operate only as independent contractors.

• Cook only in the Client’s home; no transport or off-site prep.

• Not solicit Homemade Clients outside the Platform.

5. Independent Contractor Relationship

Home Cooks are not employees of Homemade. Homemade does not control or supervise how services are rendered.  Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between Home Cooks and the Company.  Home Cooks have no authority to bind the Company, and operate independently and at their own discretion. Home Cooks retain the sole right to determine when, where, and for how long they will use the platform and provide services to customers. As an independent contractor, Home Cooks are solely responsible for all tax liabilities, insurance obligations, permits, licenses, and other legal requirements applicable to their services.

6. Bookings, Payments, and Cancellations

6.1 Bookings: Must be made via the Platform. Homemade may cancel or reject bookings.

6.2 Payments: Collected via third-party processor. Homemade remits payments to Home Cooks minus applicable fees. Homemade disclaims liability for payment disputes.

6.3 Cancellations:

• Clients: Clients may cancel their reservation at any time prior to the event, subject to the terms herein. Cancellations made within 48 hours shall be eligible for a full refund of amounts paid. Cancellations made outside of this window shall result in forfeiture of all of the reservation amount. In the event of a force majeure or extenuating circumstance, Homemade may, at its sole discretion, override the standard cancellation terms. Any refund processing timelines may vary depending on the client’s payment method and financial institution. 

• Home Cooks: In the event of a cancellation by the Home Cook, Clients shall receive a full refund to Client. In the event of repeat cancellations, Homemade may remove the Home Cook from the Platform.  

7. Insurance and Guarantees

Homemade provides no insurance. 

8. Background Checks

To help ensure the safety and trust of all users, Homemade may conduct background checks on certain individuals using third-party services. These checks may include criminal history, motor vehicle records, and other publicly available information, subject to applicable laws. By using Homemade’s platform, you authorize us to perform these screenings as necessary, and you agree to provide any additional information required to facilitate them. Homemade may perform checks but disclaims warranties about their accuracy or completeness along with any liability related to the conduct of individuals on the platform, even if a background check has been performed.

9. User Conduct and Community Guidelines

We are committed to fostering a respectful, reliable, and professional environment for all Users of our platform. By using our services, Users agree to engage courteously with others, provide accurate information, honor commitments, and comply with all applicable laws and regulations. We do not tolerate harassment, discriminatory behavior, fraudulent activity, or any actions that compromise the integrity of the platform. Violations of these guidelines may result in warnings, suspension, or permanent removal from the platform at Homemade’s sole discretion. 

Users agree to:

• Respectful behavior.

• Compliance with applicable laws.

• Use Platform only for lawful, on-Platform transactions.

10. Disclaimers and Limitation of Liability

Homemade provides a marketplace platform that connects Clients with independent chefs. All food preparation services are supplied by third parties.  Homemade is a platform provider and does not supervise services. Homemade does not prepare, package, or deliver food. While we strive to feature reliable providers and accurate information, Homemade does not warrant the quality, safety, timeliness, or availability of any orders or services. Homemade is not responsible for food safety, ingredient handling, or home conditions.  Use of the Platform by both Clients and Home Cooks are at their own risk. To the fullest extent permitted by law, Homemade disclaims all liability for any damages, including direct, indirect, incidental, or consequential losses arising out of or related to your use of the platform or any food, products, or services obtained through it. This includes, but is not limited to, food allergies, delivery errors, or Home Cook’s conduct. Some limitations may not apply depending on your jurisdiction. 

Limitation of Liability: Max liability is the greater of $100 or amount paid to Homemade in the 6 months prior.

Massachusetts-Specific Disclaimer: Homemade does not guarantee that services offered comply with MA food preparation laws. Users are solely responsible for ensuring compliance.

11. Indemnification

Users agree to indemnify, defend, and hold harmless Homemade, its affiliates, officers, directors, employees, agents, and service providers from and against any and all claims, demands, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) a User’s use of the platform or services obtained through it; (b) any violation of these Terms or applicable law; (c) any interaction or dispute with a third party; or (d) any damage, illness, injury, or other loss resulting from food, beverages, or services provided by a Home Cook. Homemade reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with such defense.

12. Governing Law; Dispute Resolution

These Terms and any disputes arising out of or relating to your use of the Homemade platform or services shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. Users agree that any legal proceedings not subject to arbitration as set forth below shall be brought exclusively in the state or federal courts located in Suffolk County, Massachusetts, and you hereby consent to the personal jurisdiction and venue of those courts. Except for claims that qualify for small claims court or for injunctive or equitable relief, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Homemade platform shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in Boston, Massachusetts, before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Users and Homemade agree to waive any right to a jury trial or to participate in a class action or class-wide arbitration. Each party shall bear its own costs and attorneys’ fees unless otherwise required by applicable law or awarded by the arbitrator.

13. Termination

Homemade may terminate accounts for any reason. Users may request termination by contacting support at cookinghomemadeteam@gmail.com.

14. Miscellaneous

These Terms are governed by the laws of the Commonwealth of Massachusetts. If any provision is found invalid or unenforceable, the remainder shall remain in full force and effect. These Terms constitute the entire agreement between you and Homemade.

15. Intellectual Property

All content, trademarks, service marks, logos, trade dress, software, and other intellectual property displayed on or used in connection with the Homemade platform—including but not limited to text, graphics, interfaces, and functionality—are the exclusive property of Homemade or its licensors and are protected by U.S. and international intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any portion of the platform or its content without prior written permission from Homemade. All rights not expressly granted herein are reserved. Any feedback or suggestions you provide regarding the platform may be used by Homemade without restriction or obligation, and you hereby assign all right, title, and interest in such feedback to Homemade.  All Homemade content is protected. 

By uploading, posting, or otherwise submitting any content to the Homemade platform, including menus, logos, photos, bios, reviews, or other materials, User grants Homemade a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, display, reproduce, modify, and distribute such content for purposes of operating, promoting, and improving the platform and services. User represents and warrants that such User has all rights necessary to grant this license and that your content does not violate any third party’s rights. Homemade reserves the right to remove or disable access to any content at its sole discretion.

16. DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any content in our Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

16.2. Homemade’s designated method to receive notifications of claimed infringement is by emailing the Copyright Agent at cookinghomemadeteam@gmail.com. You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.

16.3. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:

• Your physical or electronic signature;

• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

16.4. If a counter-notice is received by the Copyright Agent, Homemade may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 or more business days after receipt of the counter-notice, at Homemade's sole discretion.

Contact Us

Email: cookinghomemadeteam@gmail.com

Homemade Privacy Policy

Effective Date: June 12, 2025

Your privacy is important to Cooking Homemade, Inc. ("Homemade," "we," "us," or "our"). Homemade respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use the Homemade platform (the "Platform"), which connects individuals seeking in-home meal preparation services with independent home cooks.

1. Information We Collect

The information we learn from users helps us provide the services. We collect personal information in the following ways:

a. Information You Provide Directly

• Name, email address, phone number

• Home address (for service delivery)

• Payment information (processed via third-party providers)

• Dietary preferences and allergy information (voluntarily disclosed)

• Background check information (for Home Cooks)

• Communications with Homemade or other users

• Photos and content voluntarily uploaded by users

Note: We do not collect or store medical diagnoses or protected health information (PHI) under HIPAA.

b. Information Collected Automatically

• Device and browser data

• IP address

• Usage metrics (e.g., views, clicks, page duration)

• Cookies and tracking technologies

c. Information from Third Parties

• Payment processors

• Background screening services

• Insurance verification partners (if applicable)

2. How We Use Your Information

We use your information to:

• Facilitate and process bookings and payments

• Communicate with you about your account or services

• Match Clients and Home Cooks based on needs and location

• Improve platform functionality and safety

• Comply with legal and regulatory obligations

• Prevent fraud and ensure platform integrity

• To carry out any other purpose described to you at the time the information was collected

3. How We Share Your Information

We do not sell your personal data. We may share it with:

• Home Cooks and Clients for booking fulfillment

• Service providers (e.g., hosting, payment, background checks)

• Legal authorities (if required by law or court order)

• Successors or affiliates (e.g., in a merger or acquisition)

• When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a law enforcement request

We endeavor to limit sharing to the minimum required and may share aggregated, anonymized data for research, planning, or reporting.

4. Data Retention

We retain your data as long as necessary for:

• Providing services

• Legal compliance

• Resolving disputes and enforcing our Terms

Accounts inactive for 12+ months may be deleted unless retention is legally required.

5. Your Rights and Choices

You may:

• Access and update your account information

• Delete your account by contacting support

• Opt out of marketing emails

• Control cookies via browser settings

California Residents: Under the California Consumer Privacy Act (CCPA), you may request:

• Disclosure of collected personal data

• Deletion of your personal data

• Opt-out of sale (note: we do not sell data)

To exercise rights, email: cookinghomemadeteam@gmail.com

6. Children’s Privacy

The Platform is not intended for individuals under 18. We do not knowingly collect information from children. If you believe we’ve collected data from a minor, please contact us.

7. Data Security

We use commercially reasonable measures to safeguard your personal information. Third-party service providers are required to use appropriate security controls.  We want you to feel confident using the Services, however no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account with us has been compromised), please immediately contact us in accordance with the "Contact Information" section below.

However, no system is completely secure. We cannot guarantee absolute data security.

We may retain your information as permitted by law for as long as your account is active or as needed to provide you Services, to operate our business, to enable us to communicate with you, for our safety, research, evaluation of use, analytics or troubleshooting purposes, or to satisfy our legal or contractual obligations.  If you close your account, we may still retain certain information associated with your account as permitted by law in accordance with this section.  Where required, we will anonymize or delete the information we collect when we no longer need it for the uses described above.

8. Cross-Jurisdictional Notices

Massachusetts Users: Homemade does not collect health information as defined under MA laws. Users remain responsible for compliance with local regulations when providing or receiving services.

California Users: You have rights under CCPA as outlined above.

This Privacy Policy is intended to cover collection of information from residents of the United States and is not intended for users located outside the United States. If you are accessing the Service from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States by us as data controller and as data processor.  By signing up for and using the Service you agree to this transfer.

9. Changes to This Policy

We may update this Privacy Policy periodically. Material changes will be announced by email or via the Platform. Continued use after notice constitutes acceptance.

10. Contact Us

Questions or requests? Email us at: cookinghomemadeteam@gmail.com