TERMS OF SERVICE
Version: draft-v2 · Effective Date: not yet effective
These Terms of Service (“Terms”) govern your access to and use of the PlatedUp marketplace, mobile application, and website (the “Platform”), operated by PlatedUp LLC.
By using the Platform, you agree to these Terms. If you do not agree, please do not use the Platform.
1.Introduction and Agreement
1.1These Terms of Service (“Terms”) govern access to and use of the PlatedUp marketplace, mobile application, and website (the “Platform”). By creating an account, checking the acceptance control, or using the Platform, you agree to these Terms.
1.2If you do not agree, do not use the Platform.
2.Contracting Entity and Definitions
2.1Contracting Entity. These Terms are between you and PlatedUp LLC (“PlatedUp,” “we,” “us”).
2.2Definitions. “Customer” means a person who books a Cook. “Cook” means an independent contractor who accepts bookings to provide in-home cooking services. “Booking” means a service engagement between a Customer and a Cook, from the initial request through completion or cancellation. A Booking becomes “Confirmed” only once the Cook has accepted the request and the required payment has successfully processed, as described in Section 5.2.
3.Eligibility and Accounts
3.1Eligibility. To be a Customer, you must be at least 18 years old and capable of forming a binding contract.
3.2Account Registration and Security. You must provide accurate information and are responsible for safeguarding your credentials and for activity under your account; notify PlatedUp promptly of any unauthorized use.
4.Marketplace Role
4.1PlatedUp's Role. PlatedUp operates a technology marketplace connecting Customers with independent Cooks for in-home cooking. PlatedUp does not itself prepare, handle, sell, or deliver food, and does not sell groceries.
4.2Customer–Cook Relationship. The service relationship for a specific booking is between the Customer and the Cook; PlatedUp facilitates matching, scheduling, and payment.
4.3Independent Nature of Cooks. Cooks are independent contractors, not PlatedUp employees or agents. PlatedUp does not supervise or control how a Cook performs a booking, subject to the platform standards referenced throughout these Terms.
5.Bookings
5.1Booking Formation. A Customer submits a booking request specifying the service, timing, and grocery-handling method.
5.2Booking Lifecycle. PlatedUp authorizes the required payment amount; a Cook accepts the request; once the required payment is successfully processed, the booking becomes Confirmed. Cook acceptance alone does not confirm a booking if payment fails.
5.3Auto Match. Selecting Auto Match authorizes PlatedUp to select an eligible Cook on the Customer's behalf. It does not include a separate step for the Customer to approve or reject the matched Cook after that Cook accepts; the Customer may view the matched Cook's profile once matched.
5.4Scheduling and Changes. Either party may request a change to a Confirmed booking (date, time, meals, address, grocery-pickup details); most changes require the other party's acceptance before taking effect.
6.Customer Responsibilities
6.1Safe and Accessible Premises. The Customer must provide lawful, reasonably safe access to the service location for the duration of the booking.
6.2Kitchen and Equipment. The Customer must provide a reasonably clean, functional home-kitchen space and working equipment for the booked meal; this is a home-kitchen standard, not a professional/commercial-kitchen standard.
6.3Allergies and Dietary Disclosure. The Customer is responsible for disclosing allergies and dietary restrictions before the booking. PlatedUp does not guarantee an allergen-free environment or eliminate all risk of cross-contact; this is not medical advice.
6.4Customer Presence Not Generally Required. The Customer is not generally required to be present, or to have another adult present, at the service location merely because Cook Services are being performed. Subject to Section 6.5 (Minors at the Service Location), the Cook may perform a booking while the Customer is away if the Customer has authorized the Cook to access the service location, has lawful authority to provide that access, has given the Cook the access information reasonably necessary to enter and leave, has provided instructions sufficient for the agreed Cook Services, and the required groceries, kitchen access, equipment, or other agreed prerequisites are available as applicable. PlatedUp does not guarantee that every booking can be completed without the Customer present.
6.5Minors at the Service Location. If any person under 18 remains at the service location while Cook Services are being performed, the Customer must ensure that the Customer, or another responsible adult who is at least 18 and is not the Cook, remains present at the service location for the entire period the minor remains there during Cook Services. The Cook does not satisfy this requirement merely by being over 18. The Cook is not a babysitter, childcare provider, guardian, custodian, or supervisor of minors, and does not accept responsibility for supervising, monitoring, or safeguarding a minor merely by performing Cook Services in the home; the Customer or the responsible adult remains responsible for that supervision, including around ordinary kitchen hazards such as heat, stovetops, ovens, knives, appliances, hot liquids, and food-preparation areas. If this Section 6.5 is not satisfied, the Cook may decline, pause, or discontinue Cook Services and contact PlatedUp Support, as described in the Cook Agreement and the Help Center; the resulting cancellation, refund, or payment consequences are addressed separately and are not established by this Section.
6.6Limited Age Verification. A Cook does not check identification at every booking. If a Cook reasonably and in good faith doubts whether the Customer or a required responsible adult is at least 18 years old, the Cook may request reasonable proof of age; a valid government-issued photo ID is one example of reasonable proof of age, but is not necessarily the only acceptable method. Where an ID is voluntarily shown for this limited purpose, the Cook may only visually inspect it to the extent reasonably necessary to determine whether the person is at least 18, and must not photograph, screenshot, scan, photocopy, upload, retain, or otherwise copy the ID, and must not transcribe the date of birth, document number, address, or other information from it. If a legitimate age concern exists and the required responsible adult cannot or declines to reasonably demonstrate that they are at least 18, the Cook may decline, pause, or discontinue Cook Services and contact PlatedUp Support.
7.Groceries
7.1Groceries Generally. The Customer selects, arranges, and pays for groceries directly with the retailer or delivery provider of choice; PlatedUp does not sell groceries or bundle grocery cost into its own charges.
7.2Grocery Pickup.
- (a)Customer Prepaid Grocery Order. Where supported, the Customer may prepare and prepay a grocery order for the Cook to collect.
- (b)Cook Collection. The Cook collects the specific prepaid order — not open-ended shopping — and is not expected to front grocery funds.
- (c)Pickup Fee. A $10 grocery pickup fee applies when selected; 100% is paid to the Cook, and PlatedUp retains $0. The fee is earned by the Cook upon successful collection of the order.
- (d)Failed or Unavailable Pickup. If pickup is canceled or not completed before collection — including due to a retailer/provider failure — the Customer is not charged the $10 fee. Partial item unavailability does not reduce the fee if the Cook still completes the pickup; unavailable-item issues are between the Customer and the retailer/provider.
8.Fees and Payments
8.1Cook-Service Rate. $25.00/hour, fixed platform-wide.
8.2Minimum Booking Charge. $25 minimum per booking.
8.3PlatedUp Service Fee. $3.99 per applicable booking.
8.4First-Confirmed-Booking Fee Waiver. PlatedUp waives the $3.99 service fee on a Customer's first Confirmed booking. A request that never reaches Confirmed status does not use the waiver; a Confirmed booking that is later canceled does not restore it. Only the $3.99 fee is waived — the Cook-service charge, pickup fee, groceries, tax, and tips still apply.
8.5Tips. Optional, $0 default, up to 100% of the Cook-service amount, 100% paid to the Cook.
8.6Payment Authorization and Capture. Payments are processed by PlatedUp's payment processor (Stripe). A booking request creates a temporary authorization; the charge is captured only once the booking is Confirmed.
8.7PlatedUp Credit. Account value distinct from a cash refund; not a gift card.
9.Cancellations, Refunds and Adjustments
9.1Cancellations. Cancellation timing, fees, and Cook-cancellation/no-show protections are as published in the PlatedUp Help Center.
9.2Refunds and Adjustments. Refund eligibility, reporting windows, and the grocery-pickup-fee refund rule are as published in the Help Center.
9.3Recurring Bookings. A recurring series is a set of separately Confirmed, separately authorized and charged bookings with a specific Cook — not a subscription and not one continuing contract. Ending future recurrence does not cancel an already-Confirmed occurrence.
10.Reviews and User Content
10.1Reviews and Ratings. Reviews must reflect a genuine firsthand experience; no impersonation, fabrication, harassment, disclosure of another person's private information, or sentiment-based incentives. PlatedUp may moderate a review that violates these standards but does not remove a review merely for being negative.
10.2User Content License. Each user (Customer or Cook) retains ownership of content they submit to the Platform (reviews, photos, messages, profile information) and grants PlatedUp a non-exclusive, royalty-free, worldwide license to host, store, reproduce, display, and technically modify (e.g., resize) that content solely to operate and support the Platform, ending on deletion except as needed for legal, fraud-prevention, or dispute purposes.
11.Acceptable Use
11.1Prohibited Conduct. No harassment, threats, discrimination, impersonation, submission of false information, illegal activity, or unsafe/intoxicated conduct during a booking. A booking is for cooking-related services only — not childcare, elder care, medical care, or pet-sitting, unless PlatedUp separately and explicitly offers such a service.
11.2Fraud, Abuse and Security Misuse. No payment-method fraud, chargeback abuse, promotional/credit abuse, unauthorized account access, or account sharing.
11.3Scraping, Bots and Automated Access. No scraping, automated data collection, reverse engineering, or interference with Platform operation, except as permitted by applicable law.
11.4Circumvention and Off-Platform Activity. No soliciting a Cook or Customer to transact outside the Platform to avoid fees, and no misuse of contact details obtained through a booking for that purpose.
12.Communications
12.1Electronic Notices. PlatedUp may provide notices and these Terms electronically.
12.2SMS and Electronic Communications.
- (a)Program Purpose. PlatedUp may send transactional SMS messages related to your PlatedUp activity, including account verification and one-time passcodes, booking and order confirmations, Cook acceptance notifications, scheduling updates, grocery pickup or service-status updates, arrival and status updates, and booking and order completion notifications. PlatedUp's SMS program is transactional and service-related; PlatedUp does not use it to send promotional offers, advertising, coupons, or marketing messages.
- (b)Consent. Eligible users may choose to opt in to transactional SMS notifications where the SMS consent option is presented in the App. Consent to receive transactional SMS updates is optional and is not a condition of purchase or use of the Platform.
- (c)Message Frequency and Charges. Message frequency varies based on your PlatedUp activity and bookings. PlatedUp does not charge separately for SMS messages, but message and data rates from your mobile carrier may apply.
- (d)Opt-Out. You may opt out of PlatedUp SMS messages at any time by replying STOP to any message; PlatedUp may send one final confirmation message after a successful opt-out. You may later opt back in through an approved consent method within the App.
- (e)Help. For help, reply HELP to any message or contact PlatedUp Support.
- (f)Carrier Responsibility. Message delivery is subject to carrier and network availability and cannot be guaranteed; carriers are not liable for delayed or undelivered messages.
- (g)Phone Number Responsibility. You are responsible for keeping the phone number associated with your account current and accurate.
12.3Electronic Signatures and Consent. Checking an acceptance control constitutes electronic signature/assent.
13.Background Screening Disclaimer
Cooks undergo identity verification and background screening through Checkr before marketplace activation. This reduces but does not eliminate risk; PlatedUp does not guarantee that screening ensures a Cook's safety, honesty, or suitability for a specific booking.
14.Third-Party Services
14.1Payment Processor. Stripe processes payments and Cook payouts; card details are handled by Stripe, and PlatedUp does not store full card numbers or CVC.
14.2Background Screening. Checkr performs identity verification and background screening for Cooks.
14.3Grocery Retailers and Delivery Providers. Selected and paid by the Customer directly; PlatedUp is not responsible for their independent policies or performance.
14.4Maps and Location Services. The Platform may use third-party mapping/location services for service-area and address functionality.
15.Mobile Application Terms (App Store / Google Play)
15.1Acknowledgment. Where the Platform is distributed through Apple's App Store or Google Play, these Terms are between you and PlatedUp, not Apple Inc., Google LLC, or their respective subsidiaries (together, the “App Store Operators”). The App Store Operators are not responsible for the Platform or its content.
15.2Scope of License; No Maintenance Obligation. Your right to use the Platform is limited to the license granted in Section 16.2. The App Store Operators have no obligation to furnish any maintenance or support for the Platform.
15.3Warranty. In the event of any failure of the Platform to conform to an applicable warranty, you may notify the applicable App Store Operator, and that operator may, to the extent required by its own terms, refund the purchase price (if any) for the Platform. To the maximum extent permitted by law, the App Store Operators have no other warranty obligation with respect to the Platform.
15.4Product and IP Claims. PlatedUp, not the App Store Operators, is responsible for addressing any claims relating to the Platform or your use of it, including product-liability claims, claims that the Platform fails to conform to a legal or regulatory requirement, and claims arising from consumer-protection or similar legislation. PlatedUp, not the App Store Operators, is responsible for the investigation, defense, settlement, and discharge of any claim that the Platform infringes a third party's intellectual-property rights.
15.5Legal Compliance. You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.
15.6Third-Party Beneficiaries. The App Store Operators and their subsidiaries are third-party beneficiaries of this Section 15, and, upon your acceptance of these Terms, each will have the right to enforce this Section 15 against you as a third-party beneficiary.
15.7Developer Contact. Questions, complaints, or claims regarding the Platform should be directed to PlatedUp Support, not to an App Store Operator.
16.Intellectual Property
16.1Platform Ownership. As between you and PlatedUp, PlatedUp LLC owns or licenses all intellectual-property rights in the Platform and the materials PlatedUp provides through it, including the PlatedUp name and logos, trademarks and trade names, visual branding and trade dress, the design and interfaces of the website and application, graphics and icons, software and underlying code, and original text and content created by PlatedUp (collectively, “PlatedUp Content”). PlatedUp Content is protected, to the extent applicable, by copyright, trademark, trade-dress, and other intellectual-property laws.
16.2Limited License. Subject to your compliance with these Terms, PlatedUp grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Platform for its intended purpose. This license does not grant you any ownership interest in PlatedUp Content or any right to use the PlatedUp Marks except as expressly stated in these Terms.
16.3PlatedUp Marks. “PlatedUp Marks” means the PlatedUp name, logos, brand symbols, trademarks, service marks, trade names, slogans, and other source-identifying brand elements used in connection with the Platform. Use of the Platform does not grant you any license to use the PlatedUp Marks. Any use beyond ordinary personal, non-commercial reference to the PlatedUp service requires prior written authorization from PlatedUp LLC. Without that authorization, you may not:
- (a)Copy, display, or distribute the PlatedUp logo or brand assets for commercial purposes.
- (b)Modify or create derivative versions of any PlatedUp Mark.
- (c)Use PlatedUp Marks in advertising or promotional materials in a manner that implies authorization, sponsorship, or endorsement by PlatedUp.
- (d)Sell merchandise bearing PlatedUp Marks.
- (e)Register, or attempt to register, any PlatedUp Mark or any confusingly similar name, logo, or domain.
- (f)Create social-media accounts, handles, or profiles that falsely appear to be official PlatedUp accounts.
- (g)Remove or alter copyright, trademark, or other proprietary notices from PlatedUp materials.
16.4Nothing in Section 16.3 is intended to prevent truthful references to PlatedUp, good-faith reviews, commentary, news reporting, or other uses permitted by applicable law. You may not use PlatedUp branding to state or imply that PlatedUp sponsors, endorses, certifies, or has officially partnered with you unless that relationship actually exists and has been authorized in writing by PlatedUp LLC.
16.5Third-Party Trademarks. The Platform may display or reference names, logos, or trademarks belonging to third parties, such as grocery retailers, payment providers, or technology providers. These marks remain the property of their respective owners; their appearance in the Platform does not transfer any ownership or license rights to you and does not indicate sponsorship, endorsement, affiliation, or partnership between PlatedUp and the third party unless PlatedUp expressly states otherwise.
16.6User and Cook Content. Licensing of content you submit to the Platform (reviews, photos, profile information) is addressed in Section 10.2.
16.7Copyright and DMCA. [Reserved — pending counsel input; see attorney note below.]
16.8Reservation of Rights. All rights not expressly granted under these Terms are reserved by PlatedUp LLC and its licensors.
17.Platform Availability and Modification
PlatedUp may modify, suspend, or discontinue any part of the Platform at any time; availability, features, and pricing structure are not guaranteed to remain unchanged.
18.Account Suspension and Termination
PlatedUp may place an account under review, restrict, suspend, or terminate access for safety, fraud, security, or Terms violations, using neutral review procedures, and may act promptly where necessary for safety or legal compliance.
19.Disclaimers
The Platform is provided “AS IS” and “AS AVAILABLE.” PlatedUp does not warrant food quality, Cook performance, or availability of services, and makes no guarantee regarding any individual Cook.
20.Limitation of Liability
20.1General Limitation. To the maximum extent permitted by law, PlatedUp is not liable for indirect or consequential damages, food-related issues including allergic reactions, or the acts or omissions of Cooks or Customers, without excluding liability that cannot lawfully be excluded (e.g., gross negligence, willful misconduct, statutory consumer protections).
20.2Liability Cap. [Reserved — pending counsel input; see attorney note below.]
21.Indemnification
The Customer agrees to indemnify PlatedUp against claims arising from the Customer's breach of these Terms or misuse of the Platform.
22.Claims Between Customers and Cooks
A specific booking is a service relationship between the Customer and the Cook involved. PlatedUp may, but is not obligated to, review reports connected to a booking through the processes described in the Help Center.
23.Dispute Resolution
23.1Governing Law and Venue. Texas law, without regard to conflict-of-laws principles.
23.2Informal Dispute Resolution. Before either party files an arbitration demand or lawsuit, the parties will engage in a notice-and-negotiation period as described below.
23.3Agreement to Arbitrate. Except for disputes that qualify for small-claims court or the exceptions stated below, you and PlatedUp agree that any dispute arising out of or relating to these Terms or the Platform will be resolved through individual binding arbitration, not in court, as described below.
- (a)Federal Arbitration Act. This arbitration agreement is governed by the Federal Arbitration Act.
- (b)Arbitration Provider and Rules. Arbitration will be administered by an arbitration provider under its rules then in effect.
- (c)Small Claims Exception. Either party may bring a qualifying individual claim in small-claims court instead of arbitration.
- (d)Jury Trial Waiver. You and PlatedUp waive any right to a jury trial for claims subject to this Section 23.3.
- (e)Class Action Waiver. Claims must be brought on an individual basis. Class, collective, and representative actions are waived to the extent enforceable by law.
- (f)Opt-Out. You may opt out of this Section 23.3 within 30 days of first becoming subject to it by sending PlatedUp Support written notice, including your name and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.
- (g)Arbitration Fees. Fee allocation between PlatedUp and you will follow the arbitration provider's applicable consumer-arbitration fee rules once a provider is selected.
- (h)Future Changes. PlatedUp will give you advance notice of any material change to this Section 23.3; continued use of the Platform alone is not sufficient acceptance of a material change to this section.
- (i)Severability. If any part of this Section 23.3 is found unenforceable, the remainder stays in effect.
24.General Provisions
24.1Changes to These Terms / Re-Acceptance. PlatedUp may update these Terms; the current version, version ID, and effective date will be posted, with prior versions archived.
24.2Force Majeure. Neither party is liable for delay or failure caused by events beyond reasonable control.
24.3Assignment. PlatedUp may assign these Terms in connection with a merger, acquisition, or sale of assets; the Customer may not assign without PlatedUp's consent.
24.4Waiver. No waiver of any provision is effective unless in writing.
24.5Severability. If any provision is unenforceable, the remainder stays in effect.
24.6Survival. Provisions that by their nature should survive termination do so (e.g., IP, indemnification, dispute resolution, accrued payment obligations).
24.7Entire Agreement. These Terms, together with documents they expressly incorporate, are the entire agreement on this subject.
24.8Order of Precedence. [Reserved — pending counsel input; see attorney note below.]
24.9Third-Party Beneficiaries. Except as stated in Section 15 (App Store terms), these Terms create no third-party beneficiary rights.
25.Contact Information
PlatedUp LLC — Support@plated-up.com
PlatedUp LLC — Support@plated-up.com
