Terms of Service — Customers

1. Acceptance & Description of Service

By creating an account or using DineDash, you agree to these terms. DineDash (“we”, “us”) operates an online marketplace that connects independent home cooks (“Cooks”) with customers (“Customers”) who wish to purchase home-prepared food. DineDash is a platform only. We do not prepare, cook, package, handle, deliver, inspect, or sell any food, and we are not a party to the transaction between a Cook and a Customer.

DineDash is a technology platform and online marketplace only. All purchases are made directly between Cook and Customer. DineDash is not a party to any transaction and does not guarantee the existence, quality, safety, or legality of any Meal, the accuracy of listings, or that any transaction will be completed.

2. Eligibility & Accounts

You must be 18 or older to use DineDash. You agree to provide accurate information and to maintain one account per person. You are responsible for safeguarding your credentials and for all activity that occurs under your account. DineDash may suspend or terminate accounts that violate these terms or community standards.

3. User Representations & Warranties (All Users)

Each user represents and warrants that they: (a) have legal capacity to enter into a binding contract; (b) will provide accurate information and use their real name; (c) will fulfill commitments made to other users on the platform; (d) will comply with all applicable local, state, and federal laws; (e) will not use the platform to arrange transactions off-platform to circumvent DineDash's fees; and (f) will act respectfully and in good faith toward other users.

4. Cook Representations & Warranties

Each Cook additionally warrants, as a condition of listing any dish, that: (a) they hold and will maintain every license, permit, registration, or authorization required by their state, county, and city to prepare and sell the specific food they list, from the specific kitchen they use; (b) their operations, facility, and equipment comply at all times with all applicable food safety laws for their location and food type; (c) all food sold is not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act or any applicable state food law; (d) they hold and will maintain a food handler or food protection manager certification where required; (e) they will disclose every ingredient and every major allergen for each listing; (f) they will follow safe food handling, preparation, and packaging practices and will not cook while ill; (g) they are solely responsible for their own taxes on income earned; and (h) they will not market meals in a false or misleading manner.

Cooks are independent business owners, not employees, agents, partners, or representatives of DineDash, and are not entitled to any employee benefits.

5. Multi-State Operation & Compliance Responsibility

DineDash operates as a marketplace platform across multiple U.S. states and may expand to additional states over time. Food safety, cottage-food, home-kitchen, and retail-food-establishment laws vary significantly by state and locality. Cooks are solely responsible for determining which license, permit, certification, or registration is required to sell prepared food from their home kitchen in their specific state, county, and city, and for obtaining and maintaining that authorization before listing any dish. DineDash provides a directory of state regulatory agency contacts as a convenience during Cook onboarding; this directory is informational only and does not constitute a determination by DineDash that any Cook's operation is compliant in any state. DineDash reserves the right to restrict or condition service in any state or locality where the marketplace model's legality is unclear.

6. Verification & Badge Disclaimer

DineDash may display badges on a Cook's profile, such as “ID Verified” or “Food Handler Certified,” based on documents submitted by the Cook and reviewed at a single point in time. These badges are not a guarantee. A badge confirms only that a specific document was submitted and appeared facially valid at the time of review — it does not verify a Cook's ongoing compliance with any law, the continued validity of any certification, or the safety of food prepared by that Cook. DineDash disclaims all liability arising from reliance on any badge or verification status shown on the platform.

7. Cook Insurance

DineDash does not provide insurance coverage to Cooks or Customers and is not a party to any insurance policy either may hold. Cooks are strongly encouraged — but not required — to maintain their own general liability and/or product liability insurance covering claims arising from food preparation and sale before listing dishes on the platform. Each Cook is solely responsible for evaluating Cook's insurance needs and obtaining appropriate coverage; DineDash does not provide, procure, or subsidize insurance for Cook. Customers are responsible for their own health and any medical costs arising from consuming food purchased through the platform, subject to the Limitation of Liability section below.

8. Orders, Payments & Fees

Customers pay the listed price. Payments are processed by third-party providers (e.g., Stripe). DineDash charges Cooks a platform commission that is deducted from the Cook's payout. Refunds for declined or canceled orders are issued in full. Users may not request, make, or accept an order independent of the Service to circumvent fees. DineDash may modify its fees with notice; continued use of the Service constitutes acceptance of the updated fees.

9. Delivery Services

DineDash facilitates both pickup orders directly between Cooks and Customers and delivery orders fulfilled by independent third-party delivery providers, including DoorDash and Uber Eats. Delivery is performed by the third-party provider, not by DineDash or the Cook. The provider's own terms of service govern the delivery leg of the transaction, and DineDash disclaims liability for any act, omission, delay, damage, or loss caused by a third-party delivery provider to the fullest extent enforceable.

10. Acceptable Use

You agree not to post or engage in unlawful, harmful, infringing, or deceptive content or conduct; not to impersonate any person; not to harvest user data; not to interfere with or disrupt the Service; and not to sell anything other than Meals through the platform. DineDash may investigate suspected violations, remove content, and suspend accounts at its discretion, and may refer suspected fraud or illegal activity to law enforcement.

11. User Content, Reviews & Media Release

Users retain ownership of content they post but grant DineDash a nonexclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, and distribute it in connection with operating, advertising, and promoting the Service.

Cooks additionally grant DineDash permission to use their name, profile photo, kitchen and food imagery, and biographical information in platform features and marketing — including featured-cook placements, promotional spotlights, and paid promotional programs — without additional compensation, unless the Cook revokes this permission in writing for future uses.

Reviews must reflect firsthand experience, contain no hateful or discriminatory content, and no false statements. DineDash may remove reviews at its discretion and does not endorse them. Copyright infringement notices (DMCA) should be sent to [email protected].

12. No Duty to Monitor

DineDash has no obligation to monitor, review, or verify listings, messages, reviews, or other user-generated content before it is posted, and does not endorse any listing, Cook, or Customer. DineDash may, but is not required to, remove content or suspend accounts that appear to violate these Terms.

13. Apple App Store Terms

With respect to use of the DineDash app obtained through Apple's App Store: this agreement is between you and DineDash only, not Apple; Apple has no obligation to provide any maintenance or support for the app; Apple is not responsible for any claims relating to the app, including product liability, regulatory compliance, or intellectual property infringement claims; and Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you.

14. Indemnification

You agree to release, indemnify, and hold DineDash and its officers, employees, and affiliates harmless from any claims, losses, damages, and expenses — including reasonable attorneys' fees — arising from your use of the platform, your content, your violation of these Terms, or, if you are a Cook, from food you prepare and sell through the platform.

15. Disclaimer of Warranties & Limitation of Liability

The platform is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, DineDash, its officers, employees, and affiliates are not liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages — including personal injury, illness, allergic reaction, death, property damage, lost profits, or emotional distress — arising out of or related to: (a) food purchased, prepared, or consumed through the platform; (b) the acts or omissions of any Cook or Customer; (c) your use of, or inability to use, the platform; or (d) any content posted by users.

In no event will DineDash's total liability to you for all claims exceed the greater of the amount you paid to DineDash in the 12 months before the event giving rise to the claim, or USD $100.

Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you. Nothing in these terms limits liability that cannot be limited by law.

16. Dispute Resolution & Arbitration

Any dispute arising out of or relating to these Terms or your use of DineDash will be resolved through binding individual arbitration rather than in court, except that either party may bring an individual claim in small-claims court if it qualifies. You and DineDash each waive the right to a jury trial and to participate in a class, collective, or representative action. You may opt out of this arbitration provision by emailing [email protected] within 30 days of first accepting these Terms, stating your name and intent to opt out. This section does not apply to the extent prohibited by applicable state law.

17. Governing Law & Venue

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles. For disputes not subject to arbitration, the parties submit to the exclusive jurisdiction of the state and federal courts located in Virginia.

18. General

Any claim must be filed within one (1) year after it arose or be permanently barred. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. No failure to enforce a right constitutes a waiver of that right. You may not assign these Terms; DineDash may. These Terms are the entire agreement between you and DineDash regarding the Service. DineDash may modify these Terms with notice, and continued use constitutes acceptance; modifications do not create a new arbitration opt-out window unless the arbitration provision itself materially changes.

19. Marketplace Disclaimer

DineDash operates an online marketplace that facilitates connections between Customers and independent Cooks. DineDash is not itself the seller of any food offered through the platform. The contract for the sale and purchase of any dish is formed directly between Customer and Cook; DineDash is not a party to that contract. DineDash does not warrant the safety, quality, or fitness for a particular purpose of any food prepared by a Cook, except as expressly stated in these Terms.

20. No Warranty on Third-Party Cook Food

All food available through the platform is prepared by independent third-party Cooks in their own home kitchens. To the maximum extent permitted by law, DineDash disclaims all warranties, express or implied, with respect to such food — including any warranty of merchantability, fitness for a particular purpose, wholesomeness, freedom from allergens or contaminants, and conformity to any description or sample. Customer acknowledges that any warranty relating to the food itself, if any, runs from the preparing Cook and not from DineDash.