1. The Service
Barter Kitchen (the "Service," "we," "us," or "our") operates an online platform through which individuals ("Hosts") can describe meals they intend to prepare in their own homes and through which other individuals ("Guests") can express interest in attending those meals in exchange for non-monetary barter. Hosts and Guests are collectively referred to as "Users."
The Service is a venue and a communications tool. We are not a party to any arrangement, agreement, meal, exchange, or in-person meeting between Users. We do not prepare, transport, taste, store, inspect, certify, insure, supervise, or otherwise stand behind any meal, ingredient, barter item, or interaction arranged through the Service. We are not a restaurant, caterer, food-delivery service, ghost-kitchen, marketplace operator in the sense of a seller of record, payment processor, escrow agent, dating service, employer, employment agency, travel agency, lodging provider, or regulator.
2. Eligibility
You must be at least 18 years old and able to form a legally binding contract under the laws of your jurisdiction to use the Service. You may not use the Service if you are barred from receiving it under the laws of the United States or any other applicable jurisdiction, if your account has been previously suspended or terminated, or if you are on any government sanctions, denied-party, or prohibited-party list. By using the Service you represent and warrant that each of these conditions is satisfied.
3. International Use — Your Responsibility to Comply With Local Law
The Service is available internationally. Laws governing home food preparation, cottage-food and microenterprise-home-kitchen operations, hosting visitors in a private residence, barter as a form of consideration, taxation of non-cash exchanges, identity verification, data protection, age of majority, and consumer protection vary widely between countries, states, provinces, regions, and municipalities, and change over time.
You — and you alone — are responsible for determining whether your use of the Service, and any meal, barter, or in-person meeting that results from it, is permitted by every law, regulation, rule, ordinance, permit condition, lease, sublease, mortgage, condominium declaration, homeowners' association rule, insurance policy, or other contractual restriction that applies to you, to your home, or to your conduct. The availability of the Service in your country, region, or city is not a representation by us that what you intend to do on it is lawful where you are, and is not legal advice. Any general information we may provide about food-safety, cottage-food, tax, or licensing rules is for awareness only and is not legal advice; you must obtain your own.
By creating an account you represent and warrant that:
- you have, to your own satisfaction, confirmed that the way you intend to use the Service — as a Host, a Guest, or both — is lawful in every jurisdiction whose law applies to you;
- you will obtain any permit, license, registration, certification, inspection, or insurance that the law in your jurisdiction requires before you host or attend a meal;
- you will declare and pay any tax that you owe on the value of any barter you give or receive; and
- you will cease using the Service for any purpose that becomes unlawful where you are.
You will not use the Service from, or while located in, any jurisdiction subject to comprehensive U.S., EU, UK, or UN sanctions, and you will not use the Service to facilitate any transaction with a sanctioned person.
4. Food Safety — Assumption of Risk
Meals arranged through the Service are prepared by private individuals in private homes. We do not visit kitchens, do not inspect equipment, do not verify storage or cooking temperatures, do not audit hand-hygiene or cross-contamination practices, do not test for allergens, do not source-trace ingredients, and do not validate that any food-handler certificate, training course, or hygiene representation made by a Host is authentic, current, recognized by any local authority, or accurate. The presence on the Service of any badge, label, dietary tag, allergen disclosure, or verification indicator does not constitute a certification, endorsement, warranty, or guarantee by us of any kind.
You knowingly and voluntarily assume all risks associated with the consumption of food prepared by another person in a private home, including but not limited to foodborne illness, bacterial, viral, or parasitic infection, chemical or physical contamination, undisclosed or mislabeled ingredients, severe and potentially fatal allergic reactions (including reactions to peanuts, tree nuts, shellfish, dairy, eggs, soy, wheat, sesame, and other allergens), anaphylaxis, choking, intoxication, adverse interaction with medication, and any other illness, injury, or death arising from the consumption of food or beverage prepared, transported, served, or otherwise made available through the Service.
You assume these risks for yourself and for every person you bring to a meal arranged through the Service. If you have a severe allergy or intolerance, an immune-compromising condition, are pregnant, are feeding a child, or otherwise face elevated food-safety risk, the only safe assumption is that no meal arranged through the Service has been screened for your needs and you participate entirely at your own risk.
If you are a Host, you are solely responsible for the safety, labelling, and legality of every meal you offer and for every representation you make about it. Nothing on the Service relieves you of any obligation imposed by law.
5. Interactions With Other Users — Assumption of Risk
The Service enables people who do not know each other to arrange to meet in a private home or other private location. We are not present at any meeting. We do not perform criminal background checks, sex-offender-registry checks, credit checks, employment verification, reference checks, mental health or fitness evaluations, or any other vetting of Users beyond such limited identity-document review as a User may voluntarily submit to. Verification badges, where present, indicate only what is described on our Safety page; they are not an endorsement, vouch, or guarantee of any kind.
You knowingly and voluntarily assume all risks arising from interacting with other Users, in person or online, including but not limited to physical, sexual, or verbal assault; harassment; stalking; theft; fraud; identity theft; property damage; transmission of communicable disease (including airborne, contact, foodborne, and sexually transmitted disease); injury on the premises of any home you visit or host; and emotional distress. You are responsible for your own physical safety, the security of your home and belongings, and the safety of any person you invite or accompany.
We encourage you to take reasonable precautions, to read our Safety guidance, and to trust your instincts. You may decline, cancel, leave, or report at any time.
6. Non-Monetary Exchange; No Payment Processing
The Service is for non-monetary exchange. We do not process payments and we prohibit the solicitation of cash, cards, bank transfers, payment apps, cryptocurrency, gift cards, tips, or any other monetary consideration in exchange for the meal itself. See the Acceptable Use Policy for the full rule.
Barter has economic value under many tax systems. We do not issue tax forms, do not withhold tax, do not report transactions to any tax authority, and do not advise on tax treatment. Determining and discharging any tax obligation arising from barter you give or receive is entirely your responsibility.
7. User Content
You retain ownership of any text, photographs, or other material you submit to the Service ("User Content"). You grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable licence to host, store, reproduce, modify, create derivative works of (such as resized images), display, and distribute your User Content for the purpose of operating, providing, and improving the Service. You represent and warrant that you have all rights necessary to grant this licence and that your User Content does not infringe any third party's rights or violate any law.
We may remove or refuse to display User Content at any time, with or without notice, in our sole discretion.
8. Acceptable Use
Your use of the Service is governed by the Acceptable Use Policy and the Prohibited Content rules, each of which is incorporated into these Terms by reference. Violation of either is a violation of these Terms.
9. Suspension and Termination
We may, at any time and in our sole discretion, with or without notice and with or without cause, suspend, restrict, or terminate your account or your access to all or part of the Service; remove or refuse to display any User Content; modify, suspend, or discontinue any feature of the Service; and refuse to provide the Service to you. You may close your account at any time from account settings. Sections 3 through 6 and 10 through 17 survive any termination of these Terms.
10. Disclaimer of Warranties
The Service is provided "as is" and "as available," with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, we and our affiliates, officers, employees, agents, contractors, licensors, and suppliers expressly disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement.
Without limiting the foregoing, we make no warranty and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security, or reliability of the Service; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (e) the conduct of any User or the truth, accuracy, or completeness of any User Content; (f) the safety, quality, legality, suitability, or any other aspect of any meal, ingredient, kitchen, location, or barter arranged through the Service; or (g) whether the Service or any meal, barter, or interaction arranged through it is lawful in your jurisdiction.
11. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Barter Kitchen, its affiliates, or any of their respective officers, directors, employees, agents, contractors, licensors, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, goodwill, use, data, or other intangible losses, arising out of or relating to these Terms or your use of, or inability to use, the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of such damage.
In no event will the aggregate liability of Barter Kitchen and its affiliates to you, in connection with the Service or these Terms, from all causes of action and under all theories of liability, exceed the greater of (a) one hundred U.S. dollars (US $100) or its equivalent in your local currency on the date the claim first arose, or (b) the total amount you have paid to us in the twelve (12) months immediately preceding the event giving rise to the claim (which, for almost every User, is zero).
12. Release of Claims Between Users
Because the Service is merely a venue, in the event you have a dispute with one or more Users, you release Barter Kitchen and its affiliates, and our respective officers, directors, employees, agents, contractors, licensors, and suppliers, from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction, you waive any comparable statute, regulation, or doctrine to the same effect.
13. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Barter Kitchen and its affiliates, and our respective officers, directors, employees, agents, contractors, licensors, and suppliers, from and against any and all claims, demands, actions, suits, proceedings, losses, damages, judgments, fines, penalties, costs, and expenses (including reasonable attorneys' fees and disbursements) arising out of or relating to: (a) your use of, or inability to use, the Service; (b) your User Content; (c) your violation of these Terms, the Acceptable Use Policy, or any applicable law; (d) your violation of any third-party right, including any right of privacy or intellectual-property right; (e) any meal, ingredient, barter, or in-person interaction you arrange, host, attend, prepare, serve, or consume in connection with the Service; or (f) any claim brought against us by any User, regulator, landlord, tax authority, or other third party arising out of any of the foregoing.
14. Intellectual Property; Copyright Complaints
The Service, including its software, design, trademarks, and all content other than User Content, is owned by Barter Kitchen or its licensors and is protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for its intended purpose. All other rights are reserved.
If you believe that material on the Service infringes your copyright, send a notice that complies with 17 U.S.C. §512(c) (the U.S. Digital Millennium Copyright Act) to dmca@corporateshill.com with the subject line "DMCA Notice." We will respond in accordance with the DMCA and may remove or disable access to the alleged infringing material. Repeat infringers will be terminated.
15. Disputes — Arbitration and Class-Action Waiver
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to participate in a class action.
Except where prohibited by applicable law and except for the right of either party to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual-property rights, you and Barter Kitchen agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules then in effect. Arbitration will take place in San Francisco, California, or, at your election, by telephone or video, or in your home jurisdiction if the law applicable to you so requires. Judgment on the award may be entered in any court of competent jurisdiction.
You and Barter Kitchen agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative action. The arbitrator may not consolidate claims and may not preside over any form of representative or class proceeding.
If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose mandatory consumer law gives you the right to bring proceedings in your local courts, that right is not affected by this section. The European Commission's online dispute-resolution platform is available at ec.europa.eu/consumers/odr.
16. Governing Law
These Terms and any Dispute are governed by the laws of the State of California and the federal laws of the United States of America, without regard to conflict-of-laws principles. If for any reason a Dispute proceeds in court rather than in arbitration, you and Barter Kitchen agree to submit to the exclusive personal jurisdiction of the state and federal courts located in San Francisco County, California. Nothing in this section deprives any consumer of the protection of the mandatory law of the country in which that consumer is resident.
17. General
Entire agreement. These Terms, together with the Acceptable Use Policy, the Privacy Policy, and any other policies referenced in them, constitute the entire agreement between you and Barter Kitchen regarding the Service and supersede all prior agreements.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision is severed and the remaining provisions remain in full force.
No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without notice.
Notices. We may give notice to you by email to the address associated with your account, by posting on the Service, or by any other reasonable means. You may give us notice at support@barterkitchen.com.
Changes. We may modify these Terms from time to time. We will post the updated Terms with a new effective date and, where the change is material, will notify you in the Service or by email. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
Contact. Barter Kitchen — support@barterkitchen.com.