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Terms of Service

Welcome to Shmeal, a mobile application (the "App") that connects local cooks and people in their neighborhood (collectively “Users”).

This user agreement describes the terms and conditions on which Shmeal, LLC offers you access to the Shmeal Platform.

These terms of service (the “Terms”) constitute a legally binding agreement between you and Shmeal, LLC. (“Shmeal”), governing your use of http://www.shmeal.co/ (the "Site") and the Shmeal mobile application (the “Shmeal Platform,” or the “App.”) By accessing and using the Shmeal Platform, you acknowledge that you have read and understood these Terms. If you do not agree to these terms, please do not access or use the App or Site in any manner.

SHMEAL IS A TECHNOLOGY PROVIDER. SHMEAL IS NOT A FOOD SERVICE OR FOOD VENDOR. YOU AGREE TO USE SHMEAL AT YOUR OWN RISK. IT IS UP TO YOU TO DECIDE WHETHER OR NOT TO OFFER A MEAL TO A USER, AND IT IS UP TO YOU TO DECIDE WHETHER OR NOT TO CONSUME A MEAL OFFERED BY A COOK. EACH MEAL OFFERED AND ORDERED THROUGH THE PLATFORM CONSTITUTES A SEPARATE AGREEMENT BETWEEN A COOK AND A USER.

1. User Responsibility

You are solely responsible for, and assume all risks having to do with, all interactions and communications with other users of the Shmeal Platform, online or offline, on the Shmeal Platform or outside of it. Shmeal does not have any control over the actions and conduct of users or cooks, and disclaims all liability regarding such actions. Shmeal does not guarantee that meals are safe for consumption. You agree to take precaution and exercise your own judgment when interacting with users and cooks, and consuming homemade meals obtained through the Shmeal Platform.

The user has sole responsibility regarding compliance with all laws and regulations and we do not accept any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with your use of the Shmeal Platform.

2. Indemnity

You agree to defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Shmeal Platform. Any legal action or remedy you seek to obtain for actions or omissions of other users or third parties will be limited to a claim against those users or third parties, and you agree to hold Shmeal harmless for such actions or omissions. Liability is limited to the cost of the meal in question.

SHMEAL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES INCURRED TO YOU, YOUR ORGANIZATION OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP.

3. Disclaimers

Shmeal is a technology provider, and makes no warranties with respect to meals ordered through the Shmeal Platform. Shmeal does not guarantee the quality of meals ordered through the Shmeal Platform, nor does Shmeal guarantee that a meal will meet the expectations of a user or match the description set out in the Shmeal platform.

Shmeal will not screen cooks or users of the Shmeal Platform. Shmeal makes no attempts to verify any statements or representations made by users of the App. Shmeal is not responsible for any actions taken or communications sent by users or cooks.

4. Eligibility

The Shmeal Platform is intended only for people over the age of 18 who are legal residents of the United States. By using the Shmeal Platform, you represent that you are over the age of 18 and a legal resident of the United States.

In order to cook on the Shmeal Platform, you must submit an application form through the App. Shmeal may review your application, and will determine at its sole discretion whether to grant you access to cook on the App.

You may not have more than one active Shmeal account at a time.

You must contact us immediately if their is any breach of your account. You are solely responsible for maintaining the security of your account and for any activity that occurs under your account.

5. Conduct

While using the Shmeal platform, you must not:

(a) post or share content that violates, or encourages conduct that would violate any law or regulation;

(b) use the Shmeal Platform for any unlawful purpose;

(c) allow use of your account by anyone other than yourself;

(d) violate or interfere with any other Users' rights or privacy;

(e) as a cook, present false or inaccurate information regarding your services or the App;

(f) post or share content that promotes illegal activities or substances;

(g) post or share content that is harmful to any individual or group;

(h) post content that infringes on a copyright or intellectual property rights of a third party.

6. Requesting

As a user, you may request any Shmeal offered on the App. Once your request is approved by the cook, we will send you a notification informing you of the approved meal.

We may offer tools that automatically inform cooks of your food allergies, but it is your sole responsibility to ensure that cooks understand your food allergies and any dietary restrictions or requests you may have.

7. Canceling

If you fail to cancel your Shmeal within one hour of pickup time, you may be charged the full cost of the Shmeal.

Cooks may cancel their meals at any time.

Shmeal will not accept any liability for any cost or expense you incur as a result of a cancelation.

7. Payments

In order to pursue our goal of providing access to affordable meals, Shmeal will set the price of meals at its sole discretion. Shmeal may at any time and at its sole discretion, change the price of meals.

For our users' convenience, payments may be processed by third party payment service providers that allow users to pay or receive payment by credit card, bank account, or another service. These payment service providers allow users to send payments securely through the Shmeal Platform. We have no control over, nor are we affiliated with these payment service providers. You agree to use these payment service providers at your own risk.

Shmeal uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells.

Shmeal may at any time and at its sole discretion change the cancelation policy, or change payment service providers.

8. Refunds

On occasion, Shmeal may decide in its sole discretion, to credit a user with a refund. Neither the issuing of refunds, or any other action of Shmeal, may be construed as accepting any liability other than as mentioned in this document.

In order to receive a refund, you will need to contact Shmeal Help and one of the following conditions will need to be met:

(a) You arrived to pickup your Shmeal at the appropriate time and place and were never served, and you were still charged for your Shmeal.

(b) You notified the cook you would not be coming to pick up your Shmeal with over an hour's notice, and you were still charged for your Shmeal.

There may be a fee of $0.50 associated with a refund.

If you fail to cancel your Shmeal within one hour of pickup time, you may be charged the full cost of the Shmeal.

9. Termination

We reserve the right to terminate your access to the Shmeal Platform at any time for any reason.

10. Modification to the Terms

We reserve the right to modify these terms at any time. Please review the terms periodically. By continuing to use the App after we have posted a modification to the Terms, you are indicating that you agree to be bound by the modified Terms.