HomeBites AI — Terms of Service
Last updated: [DATE]
⚠️ DRAFT — REQUIRES LAWYER REVIEW BEFORE LAUNCH. Working draft. Not legal advice.
1. Welcome
These Terms of Service ("Terms") govern your use of the HomeBites AI website, mobile app, and services (collectively, the "Platform"), operated by RedCube Group LLC, a Texas limited liability company doing business as HomeBites AI ("HomeBites AI," "we," "us"). By using the Platform, you agree to these Terms.
If you do not agree, do not use the Platform.
2. What HomeBites AI Is
HomeBites AI is an online marketplace technology platform that helps you discover and connect with independent home chefs ("Chefs") in Texas who prepare home-cooked meals.
HomeBites AI does not cook, prepare, package, sell, or deliver food. Chefs are independent third parties — not employees or agents of HomeBites AI. When you place an order, you are entering into a transaction directly with the Chef. The Chef is the seller and merchant of record.
3. Important Disclosure: Cottage Food
All food sold through the Platform is prepared in home kitchens by individuals operating under the Texas Cottage Food Law (Texas Health & Safety Code Chapter 437).
By placing an order, you acknowledge and accept that:
THE FOOD YOU ORDER WAS PRODUCED IN A PRIVATE RESIDENCE THAT IS NOT SUBJECT TO GOVERNMENTAL LICENSING OR INSPECTION.
Chefs are required to disclose allergens on labels. If you have a food allergy or dietary restriction, contact the Chef directly before ordering. HomeBites AI does not verify allergen information and is not responsible for inaccurate or incomplete listings.
4. Eligibility
You must be:
- 18 years or older
- A Texas resident, or located in Texas at the time of order
- Capable of forming a binding contract
5. Accounts
You're responsible for keeping your account credentials secure and for all activity under your account. Notify us immediately at [support@homebitesai.com] if you suspect unauthorized access.
6. Orders, Payments, Pickup
6.1 Ordering
When you place an order, you authorize the Chef to prepare it and you authorize payment.
6.2 Payment
Payments are processed by Stripe. By providing payment info, you authorize Stripe to charge your method for the full order total (subtotal + 5% service fee + 8.25% tax). The Chef receives the food portion; HomeBites AI receives the service fee.
6.3 Pickup Only
Orders are pickup only at the Chef's location, or, if the Chef offers it, personal delivery by the Chef. Pickup time and location are set by the Chef. Bring ID matching the order name when picking up.
6.4 Cancellations & Refunds
Once a Chef has accepted your order, cancellation may not be possible. Refund requests are evaluated case-by-case. HomeBites AI may issue platform-fee refunds in its discretion; Chef-portion refunds are at the Chef's discretion.
7. Your Conduct
You agree not to:
- Use the Platform for unlawful purposes
- Misrepresent your identity, age, or location
- Harass, threaten, or abuse Chefs or other users
- Reverse-engineer, scrape, or interfere with the Platform
- Resell food ordered through the Platform
8. No Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOMEBITES AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
HomeBites AI makes no warranties about food quality, safety, freshness, allergen accuracy, preparation methods, or any other aspect of food sold by Chefs.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- HomeBites AI is not liable for any injury, illness, allergic reaction, foodborne illness, property damage, lost profits, or other damages arising from food prepared, sold, or delivered by a Chef. Your sole remedy is against the Chef.
- HomeBites AI is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages.
- HomeBites AI's total aggregate liability to you for any claim arising out of or relating to the Platform is capped at the greater of (a) $100 or (b) the total fees you paid HomeBites AI in the 12 months preceding the claim.
10. Indemnification
You agree to indemnify and hold HomeBites AI harmless from any claim arising out of (a) your use of the Platform, (b) your violation of these Terms, or (c) your violation of any law or third-party right.
11. Dispute Resolution — Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
11.1 Informal Resolution
You agree to first contact us at [support@homebitesai.com] and try to resolve any dispute informally for 60 days.
11.2 Binding Arbitration
Any unresolved dispute will be resolved by binding individual arbitration administered by JAMS in Dallas County, Texas, under JAMS Streamlined Arbitration Rules. The arbitrator's decision is final.
11.3 Class Action Waiver
YOU AND HOMEBITES AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11.4 Opt-Out
You may opt out of arbitration by emailing [legal@homebitesai.com] within 30 days of first accepting these Terms.
11.5 Exceptions
Either party may bring small-claims actions in Collin County, Texas, or seek injunctive relief in court for IP infringement.
11.6 Governing Law
These Terms are governed by Texas law.
12. Termination
We may suspend or terminate your account at any time for violation of these Terms or suspected fraud. You may delete your account at any time in settings.
13. Changes to Terms
We may update these Terms. Material changes will be posted with a new "Last updated" date and, where required, emailed to you. Continued use after changes means you accept them.
14. Contact
RedCube Group LLC d/b/a HomeBites AI [Address] [support@homebitesai.com]