-
Last Updated: April 10, 2025
INTRODUCTION.
Welcome to OpenKitchen (“OpenKitchen,” "we," "us," or "our"). This Privacy Policy governs the collection, use, and protection of personal information obtained from individuals ("users" or "you") who access, interact with, and use the features, functionalities, services, content, and offerings provided through our application, sub-domains, and affiliated platforms (collectively, the "Platform"). This Privacy Policy explains the types of data we collect, how we use, store, and protect that information, and your rights regarding your personal data. By accessing or using our Platform, you acknowledge that you have read, understood, and agreed to the terms of this Privacy Policy.
At OpenKitchen, your privacy is our priority. We are committed to respecting your privacy rights and safeguarding the confidentiality and security of your personal information. If you do not agree with the practices outlined in this Privacy Policy, we kindly ask that you refrain from using our Platform.
By continuing to use the Platform, you signify your acceptance of this Privacy Policy and consent to the collection, use, storage, and disclosure of your personal data as described herein and in accordance with applicable laws and regulations. If you have any questions, concerns, or feedback about this Privacy Policy, please contact us using the information provided in the Contact Us section.
We may update this Privacy Policy periodically to reflect changes in our practices, technologies, or legal requirements. Any updates will be effective upon posting the revised Privacy Policy on our Platform. We encourage you to review this Privacy Policy regularly to stay informed about how we collect, use, and protect your information.
Thank you for choosing OpenKitchen. Your trust and privacy are essential to us, and we are dedicated to providing a secure and enjoyable experience on our Platform.
TYPES OF DATA WE COLLECT.
To operate the OpenKitchen Platform and deliver our services effectively, we collect a variety of personal, financial, and usage-related data from our users. The scope of information we collect depends on how you interact with the Platform—whether as a Chef, Consumer, or both.
When you create an account, we collect personal identifiers such as your name, email address, mobile phone number, home or business address, and, if applicable, your social media profile used to log in. You may also submit a profile photo or biography, particularly if you are creating a storefront as a Chef.
We collect real-time GPS location data (with your permission) to enable features such as browsing nearby chefs and displaying location-based storefronts. We also gather general geographic information tied to your IP address for similar functionality.
To verify your identity and support regulatory compliance, especially for Chefs offering food for sale, we may collect sensitive information such as a driver’s license, food service license, Social Security Number, or Employer Identification Number. This data is used for identity verification, compliance with food safety and licensing laws, and, where applicable, tax reporting obligations.
We collect payment and financial information in connection with purchases and payouts on the Platform. This includes credit or debit card details (processed securely through Stripe), banking information for receiving payouts, and transaction history. OpenKitchen does not store complete payment card information on its own servers.
As you use the Platform, we also collect information you voluntarily submit, including posts, storefront listings, photos, videos, pricing, menu descriptions, and livestream content. We log in-app messaging between users and retain records related to order communications and review activity.
Technical and usage data is collected automatically to improve our services and maintain security. This includes device type, IP address, operating system, app version, crash reports, login timestamps, session duration, feature usage, and behavioral trends. We use this information to monitor performance, detect fraud, and personalize the app experience.
We may also collect information when you contact support, leave a review, participate in surveys, or engage with promotional features. These communications help us enhance our services and resolve issues effectively.
Finally, while OpenKitchen does not currently use website-based cookies, the app may utilize internal analytics tools to track user behavior for performance and engagement purposes. These tools may measure how users interact with different features of the app, such as navigating storefronts or engaging in livestreams.
HOW WE COLLECT DATA.
At OpenKitchen, we collect personal and usage data through a combination of direct user input, automated technologies, and third-party integrations, all of which are essential to delivering the services and features available on our Platform.
The majority of information we collect is provided directly by you. This includes data submitted during account registration, profile creation, storefront setup, order placement, or when interacting with other users via messaging or livestream. For Chefs, we also collect additional information necessary for verification, licensing, and payment setup, such as food service licenses, government-issued identification, and bank account details for payouts.
We also collect data automatically when you use the app. This includes real-time GPS location data (with your permission), general device information (such as IP address, device ID, and operating system), usage patterns, session timestamps, in-app navigation behavior, and diagnostic logs. This information helps us monitor performance, troubleshoot issues, prevent fraud, and improve your user experience.
In addition, we work with trusted third-party service providers that assist in operating and enhancing the Platform. These integrations may result in the collection or processing of your data as follows:
Stripe handles credit card transactions, payout processing, and stores sensitive financial information such as bank account and tax ID data.
Agora processes livestream video and audio data, including metadata related to session timing and participation.
Firebase supports authentication, push notifications, crash reporting, and performance monitoring.
AWS (Amazon Web Services) securely hosts and stores all core Platform data.
Google APIs provide mapping and geolocation functionality to power location-based features.
Branch.io facilitates deep linking and referral tracking when users share the app or are invited by others.
In some cases, we may also collect or infer information based on your activity within the Platform. For example, the frequency with which you use certain features, how you interact with storefronts or livestreams, and your responsiveness to notifications may be analyzed to help us tailor your experience or improve service offerings.
We do not purchase user data from third-party brokers, and we do not use web-based cookies on our app. However, we may track in-app analytics and performance data using mobile SDKs and tools native to the Platform.
By using OpenKitchen, you consent to the collection of this data as outlined above. We only collect the information necessary to operate the Platform effectively, comply with applicable laws, and provide a secure and seamless experience for our users.
HOW WE USE DATA.
We use the data we collect to operate, maintain, and improve the OpenKitchen Platform, as well as to fulfill our contractual, regulatory, and operational responsibilities. Our use of data is carefully limited to purposes that are directly related to providing our services and ensuring a safe, reliable, and engaging experience for all users.
Your personal information is primarily used to create and manage your user account, whether you are participating as a Consumer, a Chef, or both. This includes enabling login, customizing your profile, supporting dual-mode switching, and storing preferences such as communication settings and saved locations.
We use your location data to power core functionality, such as allowing Consumers to discover nearby Chefs, enabling Chefs to broadcast their availability, and helping users navigate food-related services in their area. This data also helps us ensure the proper functioning of geolocation-based search and sorting features.
For Chefs, we use licensing and identification information to verify eligibility to sell food through the Platform, support food safety and local regulatory compliance, and ensure only legitimate operators are active. Financial and tax-related data is used to process payouts, manage Stripe account setup, and support tax reporting obligations.
Payment information is used to securely process transactions, including charging Consumers for purchases and transferring payouts to Chefs. While we do not store full credit card details ourselves, we facilitate secure financial transactions through Stripe and monitor transaction records for security and fraud prevention purposes.
We also use your data to support real-time communication features, including in-app messaging and livestream broadcasting. This enables interaction between users, promotes community engagement, and enhances the discoverability and reach of Chef storefronts.
User-generated content, including storefront listings, posts, photos, and livestream metadata, is used to populate your public profile, support search features, and drive engagement. We may also use engagement metrics such as post views, order frequency, or livestream activity to personalize your experience and suggest relevant users or content.
To ensure a high-quality and trustworthy environment, we use your data to monitor Platform integrity, detect suspicious activity, enforce community standards, and respond to reports of abuse, fraud, or content violations. This includes using both automated and manual review processes.
Additionally, we analyze usage data to optimize Platform performance, conduct internal research, and plan new features. For example, understanding how users engage with the app helps us refine navigation, improve reliability, and develop functionality that aligns with your preferences.
While OpenKitchen does not currently engage in targeted advertising, we may eventually use anonymized or aggregated data to support advertising and sponsored content features. If we introduce such features, we will update this Privacy Policy and provide users with appropriate opt-out controls.
We do not use your data for automated decision-making that produces legal or similarly significant effects without your explicit consent. All data usage is carried out in compliance with applicable laws and governed by our commitment to user privacy and transparency.
LAWFUL BASIS FOR COLLECTION.
At OpenKitchen, we collect and process your personal data in accordance with applicable privacy laws and regulations. The lawful basis for our data collection and processing activities depends on the nature of the information and the specific context in which it is collected. We rely on the following lawful bases:
Consent: Your consent is the foundation for many of our data collection practices. For instance, when you voluntarily provide your information during account registration or enable location tracking, you explicitly agree to the collection and use of this data for the purposes outlined in this Privacy Policy. You can withdraw your consent at any time by adjusting your settings or contacting us, although this may limit your access to certain features of the Platform.
Contractual Necessity: The processing of your personal data is essential for the performance of the contract between you and OpenKitchen. For example, we require your data to create your account, provide access to the app, and enable its core features. Without this information, we would be unable to fulfill our contractual obligations to you.
Legitimate Interests: We process certain data to pursue our legitimate business interests in providing a secure, high-quality, and personalized user experience. These interests include app optimization, fraud prevention, and system security. When processing your data based on legitimate interests, we ensure that your privacy rights are not overridden by our operational needs.
Legal Obligations: In some cases, we are required to collect, retain, or disclose personal data to comply with applicable laws, regulations, or legal processes. For example, we may process your data to respond to a court order or government request.
User Protection: We may process your data when necessary to protect your vital interests or the interests of others, such as ensuring the safety and security of the Platform or addressing unauthorized access.
By relying on these lawful bases, we ensure that our data collection and processing activities are conducted responsibly, transparently, and in compliance with all applicable legal requirements. If you have questions about the lawful basis for a specific data processing activity, please contact us using the details provided in the Contact Us section of this Privacy Policy.
HOW WE SHARE DATA.
We take your privacy seriously and only share your personal information when it is necessary to operate the Platform, fulfill our legal obligations, or improve our services in ways that are consistent with this Privacy Policy.
OpenKitchen does not sell your personal data to data brokers or third-party advertisers. However, we do share certain data with carefully selected service providers who help us deliver and support the functionality of the Platform. These providers are contractually bound to protect your data and use it only for the limited purposes for which it is shared.
We may share your data with the following categories of third parties:
Payment Processors: We share financial and identity verification information with Stripe, which securely handles all payment processing and payout disbursements. This includes credit card details, bank account numbers, and tax-related documentation where applicable.
Streaming and Communication Services: We share technical data with Agora to power livestream video and audio services. This includes session metadata such as start/end time, participant IDs, and usage logs.
Authentication and App Infrastructure Providers: Firebase (by Google) helps manage user authentication, device notifications, analytics, and performance monitoring. Amazon Web Services (AWS) hosts and stores all data related to Platform operations, including user profiles, messages, and content.
Location and Mapping Tools: We use Google APIs to enable location-based features and map-related services within the app. This may involve sharing location coordinates or search queries to provide nearby results and improve accuracy.
Referral and Linking Services: Branch.io helps us track app referrals, deep links, and invite flows when users share the app or content externally.
In addition to the above, we may disclose your data in the following circumstances:
Legal Compliance: We may disclose personal data when required to do so by law or in response to valid legal requests, such as subpoenas, court orders, or government investigations.
Enforcement of Our Terms: We may share your information if necessary to investigate, prevent, or take action regarding violations of our Terms and Conditions, potential fraud, or threats to the safety or integrity of our Platform or users.
Business Transactions: If OpenKitchen is involved in a merger, acquisition, reorganization, asset sale, or other corporate transaction, your information may be transferred as part of that process. We will provide notice of any such change and your options if your personal data becomes subject to a different privacy policy.
Where possible, data is shared in aggregated or anonymized form that does not directly identify individual users. We review all partnerships and integrations to ensure they maintain high standards of data security and privacy.
We do not allow third-party advertisers, data resellers, or behavioral trackers to access your personal data without your knowledge and consent. If we introduce advertising partnerships in the future, we will provide clear disclosure and give you the opportunity to manage your data-sharing preferences.
DATA SECURITY.
At OpenKitchen, we take the security of your personal data seriously. We implement a combination of administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of the information we collect and maintain.
All sensitive financial data, including credit card numbers and bank account details, is processed and stored by Stripe, our PCI-compliant payment processor. OpenKitchen does not store complete payment card data on its own servers. Transactional and payout data is encrypted in transit and securely handled in accordance with industry standards.
Our Platform infrastructure is hosted on Amazon Web Services (AWS), which provides industry-leading security protections, including data encryption, access controls, network firewalls, and routine security monitoring. Application data—including profile information, content uploads, and order history—is encrypted and stored securely within AWS environments.
We also use Firebase and Agora for various Platform features, including user authentication, livestream services, notifications, and crash reporting. These services follow modern security practices and are integrated in a way that limits exposure of personally identifiable information.
Internally, access to personal data is restricted to authorized personnel who require it to perform specific roles, such as customer support or technical maintenance. We enforce role-based access control, regularly review access logs, and monitor our systems for suspicious activity. In addition to these infrastructure protections, we also employ the following security measures:
Encrypted communication over HTTPS across all connections
Regular backups and disaster recovery protocols
Session timeouts and device verification for user logins
Rate-limiting and IP monitoring to prevent brute-force or spam attacks
Manual and automated review of flagged content or accounts to detect abuse
Despite our best efforts, no system can be guaranteed to be 100% secure. We encourage users to take precautions as well—such as using strong passwords, enabling device-level security, and promptly reporting any unauthorized activity or suspected breaches.
If we become aware of a data breach that affects your personal information, we will notify you in accordance with applicable laws and describe the nature of the breach, the information involved, and the steps we are taking to address it. Our Data Breach Response section provides more detail on our incident response plan.
By using the OpenKitchen Platform, you acknowledge that you understand and accept the risks inherent in transmitting information over the internet and agree that you are responsible for safeguarding your own account credentials and devices.
DATA RETENTION.
We retain personal data only for as long as is necessary to fulfill the purposes for which it was collected, to comply with our legal and regulatory obligations, and to support our business operations, including dispute resolution, fraud prevention, and enforcement of our Terms and Conditions.
For most users, account-related data—such as your name, email address, phone number, profile content, and order history—is retained for the duration of your active use of the Platform. If you delete your account or request account closure, we will initiate the permanent deletion of your personal data within 30 days, unless retention is legally required or operationally necessary for a longer period.
Certain categories of data may be retained beyond account deletion, including:
Financial records (e.g., transaction and payout data) required for tax reporting, accounting, and regulatory compliance. These may be retained for a period of up to seven (7) years or as otherwise required by applicable law.
Licensing and identity verification documentation provided by Chefs, which may be retained to protect against fraud or fulfill government recordkeeping requirements.
Communications and support records, including customer support messages and dispute history, which may be stored to monitor service quality, defend against legal claims, or improve future interactions.
Livestream metadata and messaging logs, which may be retained to ensure platform integrity, enforce content standards, or investigate reported misconduct.
If certain data must be retained following a deletion request, we will do so securely and ensure that it is accessible only for the specific, limited purposes that justify its retention. Once those obligations expire, the data will be deleted or anonymized in accordance with our data destruction policies.
We periodically review stored data to identify records that are no longer necessary and take steps to securely dispose of or anonymize them. We also maintain backup systems to protect against accidental loss; data stored in backups may be retained temporarily even after deletion but is inaccessible for routine operational use.
If you have questions about how long your specific information is retained, or if you wish to request deletion of certain data categories, you may contact us at any time using the contact information provided in this Privacy Policy.
COOKIE POLICY.
Although OpenKitchen is a mobile-only platform and does not use traditional browser-based cookies, we do utilize in-app tracking technologies, software development kits (SDKs), and analytics tools that function similarly to cookies in order to deliver essential app functionality, optimize user experience, and support future advertising features.
These tracking technologies help us understand how users interact with the Platform, improve performance, detect fraud, and personalize content. This section explains how and why these technologies are used, and what choices you have regarding them.
We use several types of in-app tracking technologies that perform functions similar to cookies, including:
Essential Technologies: These are required for the Platform to function properly. They manage core processes such as account login, authentication, security, and user settings. Disabling these would significantly impair functionality.
Functional Technologies: These allow us to remember user preferences—such as notification settings, profile information, dual-profile switching—and to offer a more tailored experience.
Analytics and Performance Tools: We use internal tools and third-party SDKs (such as Firebase) to track usage behavior, monitor app crashes, measure feature engagement, and identify areas for improvement. This helps us provide a more stable and responsive app.
Ad Analytics and Attribution Tools: Although OpenKitchen does not currently display third-party ads, we do use services like Branch.io to measure referral traffic, track installs and app engagement, and analyze the effectiveness of promotional campaigns.
Interest-Based Tracking (Future Use): We may implement interest-based advertising in the future. These tools help us serve relevant content or sponsored materials and evaluate how users interact with promotional features. If this is implemented, you will be provided with clear opt-out options.
Some of the tracking technologies are embedded by third-party partners, who process limited user data on our behalf:
Firebase (Google): Used for crash reporting, performance monitoring, and user analytics.
Branch.io: Used for attribution tracking and referral link management.
Stripe: May track transactional behavior and user sessions for fraud detection and compliance.
Agora: Used for livestream functionality and may log metadata related to session engagement.
These providers do not access or use your personal information for their own independent purposes. All third-party data processing is governed by strict data-sharing agreements and applicable privacy laws.
As a mobile app, OpenKitchen does not currently support traditional cookie banners or browser-based cookie preference managers. However, you can manage in-app data collection and tracking in the following ways:
Device Settings: You can disable location tracking, camera and microphone access, and push notifications through your device settings at any time. Doing so may limit access to certain Platform features.
Account Preferences: Some tracking-related preferences, such as language settings or communication preferences, can be managed through your account settings within the app.
Ad Preferences (Future Use): If OpenKitchen begins offering advertising features in the future, we will provide in-app settings or links to manage your participation in personalized ad tracking or data sharing with advertisers.
Analytics Opt-Out: If you wish to limit data sharing with services like Firebase, some platforms may allow you to opt out through device-level settings (e.g., “Limit Ad Tracking” on iOS or “Opt out of Ads Personalization” on Android).
Because OpenKitchen operates as a mobile-only application, it does not currently recognize or respond to Do Not Track (DNT) signals transmitted by web browsers.
We may update this Cookie Policy from time to time to reflect changes in our data practices or integrations. All updates will be posted within this Privacy Policy, and we will notify users through the app if any material changes are made.
INTERNATIONAL USERS AND DATA TRANSFERS.
The OpenKitchen Platform is currently operated and maintained in the United States, and all data collected through the Platform is stored and processed using infrastructure located in the United States. By using our services, you understand and agree that your personal data may be transferred to, stored in, and processed in the United States, where data protection laws may be different from those in your country of residence.
We do not actively market or provide services to users located in the European Union (EU), United Kingdom (UK), or other jurisdictions with data protection laws such as the General Data Protection Regulation (GDPR). We also do not currently track the online behavior of individuals in those regions or maintain an appointed Data Protection Officer (DPO). However, international users who choose to access or use the Platform from outside the U.S. do so at their own initiative and are responsible for ensuring their use complies with local laws.
All personal data, including any sensitive information submitted through the Platform, is stored using cloud-based services hosted on Amazon Web Services (AWS) in U.S. regions and is processed through other U.S.-based third-party service providers, such as Stripe, Agora, Firebase, and Google APIs. These providers may access your information solely to provide services on our behalf and are contractually bound to handle data securely and in accordance with applicable law.
By accessing or using the Platform from outside the United States, you expressly consent to the transfer, storage, and processing of your personal data in the United States and to the application of U.S. law as it relates to data privacy and usage, regardless of the jurisdiction in which you reside.
If we expand operations into jurisdictions with differing privacy laws—such as the EU, UK, Canada, or others—we will update this Privacy Policy accordingly and provide additional disclosures, rights, and controls as required under applicable local regulations.
CHILDREN’S PRIVACY.
Our Platform is committed to protecting the privacy of children. Consistent with the Children's Online Privacy Protection Act (COPPA) and other applicable laws and regulations, we do not knowingly collect, use, or disclose personal information from children under the age of 18.
· Age Restriction: Our services are not directed to children under the specified age. We do not knowingly engage in transactions or communications with children under this age. Our Terms and Conditions prohibit users under this age from accessing our Platform and services.
· Deletion: If we learn that we have collected personal information from a child under the specified age without parental consent, we will take steps to delete the information as soon as possible.
· Commitment to Data Security: We understand the importance of safeguarding children’s privacy and security online. We implement stringent security measures to protect children's personal information and comply with relevant legal requirements pertaining to data protection and privacy.
· Updates to our Children’s Privacy Policy: This policy may be updated periodically to reflect changes in our practices or legal requirements. We encourage parents and guardians to review this policy regularly.
· Reporting Concerns: We take concerns about children's privacy seriously. If you have any questions or concerns about our Children's Privacy Policy or our practices concerning children’s personal data, please contact us using the information provided in the "Contact Us" section.
USER RIGHTS.
At OpenKitchen, we respect your privacy and are committed to ensuring that you maintain meaningful control over your personal information. While privacy laws vary depending on jurisdiction, we strive to provide all users—regardless of location—with clear, accessible options for managing their data. The rights described below apply to all users of the Platform to the fullest extent permitted by applicable law.
You have the right to access the personal information we hold about you. This includes the ability to view your account details, order history, profile information, and any content you’ve submitted or generated through the Platform. Most of this data can be accessed directly by logging into your account through the app.
You have the right to correct or update your personal information if it is inaccurate or outdated. Users may update profile data such as name, email address, phone number, business information, and profile media directly through in-app settings. If additional corrections are required beyond what can be changed in-app, our support team is available to assist upon request.
You have the right to request deletion of your account and associated personal data. You can delete your account directly from the app or contact us to initiate the process. Once verified, we will remove your data from our active systems within 30 days unless retention is required for legal, regulatory, or legitimate business reasons (such as tax obligations or fraud prevention). If we must retain certain information, we will notify you accordingly.
You have the right to restrict the processing of your data in certain situations, such as when you contest the accuracy of your information or object to our use of it for a particular purpose. While we will make every effort to honor such requests, restricting data may limit your access to Platform features that rely on that information (e.g., order placement, messaging, or payment functionality).
You have the right to object to certain types of processing, including marketing or promotional communications (if introduced in the future). If you no longer wish to receive communications from us, you can adjust your notification preferences in your account or contact us to opt out. We do not currently send promotional emails or sell your data, but this right remains in place should our practices evolve.
You have the right to request a portable copy of your data in a structured, commonly used, and machine-readable format. If you would like to receive a copy of your personal information, we will provide it upon request and subject to identity verification.
You also have the right to withdraw your consent for any data processing activities that rely on consent as the legal basis. For example, you can disable location services or opt out of certain analytics features through your device settings or account preferences. Please note that withdrawing consent may limit functionality or access to parts of the Platform.
To exercise any of these rights, you may use the self-service tools available in the app or contact our support team through the contact information provided in this Privacy Policy. In some cases, we may need to verify your identity before fulfilling your request to prevent unauthorized access or fraud.
We are committed to processing all data-related requests promptly and in accordance with applicable laws. If you have questions about your rights or need help managing your data, our team is here to assist you.
THIRD-PARTY LINKS.
Our Platform may contain links to third-party websites or services that are not operated or controlled by us. These third-party links are provided for your convenience and reference only. Please note that we have no control over the content, policies, or practices of these third-party websites or services.
By clicking on these third-party links, you acknowledge and agree that we are not responsible for the privacy practices or the content of such websites or services. This Privacy Policy applies solely to the information collected by our Platform. We encourage you to read the privacy policies of any third-party websites you visit to understand their data collection, use, and disclosure practices.
While we strive to include only reputable and trusted third-party links on our Platform, we cannot guarantee the accuracy, completeness, or quality of the information, products, or services provided on these external sites. The inclusion of any third-party link on our Platform does not imply our endorsement, sponsorship, or recommendation of the linked website or its content.
Please be aware that when you leave our Platform and access a third-party website, your interactions and any information you provide are subject to the terms and policies of that website. We encourage you to exercise caution and review the privacy policies of any website you visit.
DATA BREACH RESPONSE.
At OpenKitchen, we are committed to protecting your personal data and have implemented robust measures to ensure its security. In the unlikely event of a data breach, we have a structured response plan in place to manage the situation promptly and effectively while complying with all legal obligations.
If a breach occurs, we will act immediately to identify and contain the issue. This includes isolating affected systems to prevent further unauthorized access or data loss. Once contained, we will conduct a thorough investigation to determine the cause, scope, and impact of the breach. Our goal is to assess the risks posed to affected individuals and ensure appropriate remediation measures are implemented.
We will notify affected users as required by applicable laws. Notifications will include relevant details about the breach, such as the nature of the incident, the type of data affected, potential risks, and steps users can take to protect themselves. Regulatory authorities will also be informed when necessary, following prescribed timelines and reporting requirements.
Following a breach, we will enhance our security measures to address any identified vulnerabilities and prevent similar incidents in the future. Our response plan undergoes regular reviews and updates to align with evolving industry standards and best practices.
If you suspect a security incident involving your personal data or need additional information about our response procedures, please contact us through the details provided in the Contact Us section of this Privacy Policy.
HOW TO EXERCISE YOUR RIGHTS.
We are committed to ensuring that users can exercise their privacy rights in a clear and accessible manner. Users may access, update, delete, or restrict the use of their personal data through their account settings or by submitting a request to our support team. All data-related requests are handled in compliance with applicable privacy laws and processed within a reasonable timeframe.
Users who wish to access their personal data can log into their account settings to view and update details such as their name, email address, and account preferences. If additional corrections are required beyond what is editable within the Platform, users may request modifications by contacting customer support.
For those who no longer wish to use the Platform, a data deletion request may be submitted through the user’s account or by contacting support. Upon receiving a valid request, we will permanently delete personal data within 30 days, unless legal, financial, or regulatory obligations require us to retain certain records. If specific transaction history or compliance-related data must be maintained, users will be informed of the retention period before deletion is finalized. Once an account is deleted, access to the Platform will be revoked, and all associated personal data will be securely removed.
Users may also request that we restrict the processing of their data in situations where they dispute its accuracy or object to specific uses, such as analytics tracking. While we will honor requests to limit processing whenever possible, users should be aware that restricting certain data may impact the functionality of key Platform features. Similarly, users have the right to request a copy of their personal data in a structured, machine-readable format, including account details and communication history stored within the Platform.
Where data processing is based on user consent, such as for marketing communications or analytics tracking, users have the right to withdraw their consent at any time. This can be done by adjusting privacy preferences in account settings, managing cookie preferences, or contacting support to request removal from specific data processing activities. Withdrawing consent does not affect the legality of past data processing but may limit the availability of certain Platform functionalities.
To submit a request, users can utilize the tools available in their account settings, contact customer support, or, where applicable, submit a formal request through our privacy request portal. In some cases, identity verification may be required to prevent unauthorized access or fraudulent data requests.
DO NOT TRACK SIGNALS.
Our Platform currently does not respond to "Do Not Track" (DNT) signals from web browsers. DNT is a privacy preference that you can set in your web browser to indicate your preference regarding the tracking of your online activities.
While many web browsers support the DNT feature, there is no standard interpretation or industry consensus regarding the meaning of DNT signals. As a result, our Platform does not currently recognize or respond to DNT signals.
Please note that even if you have enabled the DNT feature in your web browser, certain third-party services integrated into our Platform may still collect and track your online activities in accordance with their own privacy policies. We encourage you to review the privacy policies of these third-party services for more information on their tracking practices.
MODIFICATION.
We reserve the right to modify or update this Privacy Policy at any time. Any changes we make will be effective immediately upon posting the revised Privacy Policy on our Platform. We encourage you to review this Privacy Policy periodically to stay informed about how we collect, use, and protect your information.
By continuing to use our Platform after any changes to this Privacy Policy, you acknowledge and agree to the updated terms. It is your responsibility to review this Privacy Policy periodically and ensure that you are aware of any modifications. If you disagree with any changes, you should discontinue your use of our Platform and contact us if you would like to request the deletion of your personal information.
Please note that any provision of this Privacy Policy that imposes an obligation on you or grants us a right will survive the termination or expiration of this Privacy Policy or your use of our Platform.
WEB BEACONS.
Web beacons are small graphic images or other web programming code that can be included in our web pages and e-mail messages. Invisible to the user, these beacons are typically as small as a single pixel and function in a similar manner to cookies. Web beacons are used to track online movements of web users or to access cookies. They help us understand how users interact with our Platform by transmitting information back to us or our partners. Web beacons track user behavior on our Platform, such as page views and email interaction. This information helps us understand user preferences and improve the content and functionality of our Platform.
In our email communications, web beacons allow us to determine whether our emails are opened and if the links within them are clicked. This data assists us in making our communications more relevant and informative for our users.
We use web beacons to gauge the effectiveness of our advertising campaigns. By understanding user interactions and responses to our marketing efforts, we can tailor our strategies to better meet user interests and needs.
While web beacons are inherently anonymous, you have the option to control their use through various browser settings and third-party tools. Disabling cookies in your browser will also limit the functionality of web beacons associated with those cookies.
CONTACT US.
We value open communication with our users and welcome any questions, concerns, or feedback regarding this Privacy Policy or our data handling practices. Our dedicated team is committed to addressing your inquiries and providing timely and clear responses. Please find below the various channels through which you can reach us:
· Email Communication: For direct and convenient communication, you can email us at support@openkitchenapp.com.We aim to respond to all email inquiries within 48 hours during business days.
· Accessibility: We are committed to ensuring that our communication channels are accessible to all our users, including those with disabilities. If you require any special accommodations, please let us know, and we will do our best to assist you.
· Language Support: Our customer service team is capable of handling inquiries in multiple languages. If you require assistance in a language other than English, please indicate this in your communication, and we will endeavor to accommodate your needs.
We are dedicated to providing a prompt response to all inquiries. If your issue requires more in-depth investigation, we will keep you informed about the status of your query and provide a timeframe for resolution.
-
Last Updated: April 10, 2025
INTRODUCTION.
Welcome to OpenKitchen ("OpenKitchen", "Company", "we", "us", or "our"). These Terms and Conditions ("Terms") govern your access to and use of the OpenKitchen mobile application and related services, including all features, functionalities, digital storefronts, content-sharing tools, communication services, and any other technology, tools, or platforms we provide (collectively, the "Platform").
By creating an account, accessing the Platform, or using any of our services, you ("User", "you", or "your") agree to be legally bound by these Terms. These Terms apply to all users of the Platform, whether you are using it to share food-related content, browse and engage with others, place food orders, or offer food products or services for sale. Users may act as Consumers, Chefs, or both, depending on how they engage with the Platform. Certain provisions of these Terms apply specifically to Chefs, as noted.
These Terms form a legally binding agreement between you and OpenKitchen regarding your use of the Platform and any services we offer. Please read them carefully. If you do not agree to be bound by these Terms, you must immediately discontinue use of the Platform and refrain from accessing any of our services.
To use the Platform, you must be of legal age in your jurisdiction and have the legal capacity to enter into a binding agreement. If you are using the Platform on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
We may update or modify these Terms from time to time to reflect changes in our services, legal requirements, or business practices. We will use reasonable efforts to notify you of material changes, which may include in-app notifications or email alerts. Your continued use of the Platform after the effective date of any updates constitutes your acceptance of the revised Terms.
We are committed to providing you with a seamless, transparent, and valuable experience on our Platform and through our services. Should you have any questions or concerns about these Terms, please contact us at support@openkitchenapp.com
SCOPE OF SERVICES.
OpenKitchen provides a mobile-based social commerce platform that enables users to explore, share, and transact around food. Through the Platform, OpenKitchen offers a combination of content creation tools, food ordering capabilities, and community engagement features that connect food lovers with independent chefs, home cooks, and culinary creators. The Platform is designed to support two primary user roles:
Consumers, who use the Platform to discover food-related content, interact with creators, and place orders from Chef storefronts; and
Chefs, who use the Platform to showcase their culinary offerings, post content, manage virtual storefronts, fulfill orders, and engage with the community through messaging and livestreaming.
Key features and services offered through the Platform include, but are not limited to:
Browsing and interacting with food-related content, including images, videos, and livestreams;
Creating posts and engaging in social networking within a food-focused community;
Building and managing personalized storefronts for selling food or food-related products;
Searching for nearby chefs or food vendors based on geolocation;
Placing and fulfilling orders, including payment processing through a third-party payment provider;
Accessing private messaging and chat functionality limited to order-based interactions;
Hosting or attending livestream sessions with community members;
Rating and reviewing Chefs after placing an order;
Switching seamlessly between Consumer and Chef roles from a single account profile.
OpenKitchen acts solely as a facilitator of interactions and transactions between users. We do not prepare, package, or deliver food products ourselves and are not a food vendor, distributor, or caterer. All products listed on the Platform are offered directly by Chefs who are independently responsible for compliance with local laws, food safety standards, licensing, and order fulfillment.
The Platform is currently available only via the OpenKitchen mobile application on iOS and Android devices. Certain features may vary based on geographic location, user role, device compatibility, or software version.
USER ELIGIBILITY AND ACCOUNT REGISTRATION.
To use the OpenKitchen Platform, you must meet certain eligibility requirements and complete a registration process. By accessing or using the Platform, you represent and warrant that you are at least thirteen (13) years of age or the minimum age of digital consent in your jurisdiction. If you are under the age of eighteen (18), you may only use the Platform with the consent and supervision of a parent or legal guardian. You must also have the legal capacity to enter into a binding agreement and not be prohibited from using the Platform under any applicable law. If you are creating an account or using the Platform on behalf of a business or other legal entity, you further represent that you are authorized to bind such entity to these Terms.
Account registration is required to access most features of the Platform, including posting content, placing or fulfilling food orders, and interacting with other users. To register, you must provide accurate and complete information, including a valid email address and a unique username. Users are responsible for updating their account information to ensure it remains accurate and current at all times. OpenKitchen reserves the right to suspend or terminate any account that contains false or misleading information or is used in a manner that violates these Terms.
The Platform allows users to operate in one of two roles—either as a Consumer or as a Chef—and to switch between these roles from a single user account. Consumers may browse and interact with content, follow Chefs, place food orders, and submit reviews. Chefs may create and manage digital storefronts, publish food-related content, manage menus and pricing, fulfill orders, livestream, and message users who place orders. Access to Chef features may require additional verification and submission of documentation, including but not limited to a business name, applicable licenses or permits, and banking information to facilitate payments through our third-party payment processor.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. If you suspect unauthorized access or a breach of your account security, you must notify us immediately at support@openkitchenapp.com. OpenKitchen is not liable for any loss or damage resulting from your failure to maintain the security of your account.
While certain areas of the Platform may be accessible to the general public without registration, full participation in the Platform’s features requires an account. Unregistered or “guest” users are limited to browsing publicly available content and may not post, place orders, engage in chats, or access any functionality tied to personal profiles.
APP ACCESS AND TECHNICAL REQUIREMENTS.
The OpenKitchen Platform is currently available exclusively as a mobile application for iOS and Android devices. Access to the Platform and its features requires a compatible smartphone or mobile device, as well as a stable internet connection. Users are responsible for ensuring that their device and operating system meet the minimum requirements to install, access, and properly use the application.
Certain functionalities within the Platform, including but not limited to location-based browsing, ordering from nearby Chefs, and livestreaming, require users to enable device permissions such as access to location services, camera, and microphone. Disabling these permissions may impair or limit the ability to use certain features. By using the Platform, you acknowledge and consent to the use of these features where applicable.
To ensure security, compatibility, and optimal performance, users are required to download the latest version of the app and install updates as they become available. Failure to update the application may result in limited functionality or loss of access to certain features. OpenKitchen is not responsible for any performance issues, data loss, or errors arising from the use of outdated or incompatible versions of the app.
The Platform is not currently accessible via desktop browsers or non-mobile operating systems. Any future expansion to additional platforms will be communicated through official updates.
It is your sole responsibility to secure and maintain any necessary hardware, software, internet access, and other technology required to use the Platform. OpenKitchen makes no guarantee that the Platform will be accessible at all times or from all geographic locations, and we are not liable for any access limitations caused by third-party service outages, technical issues, or device incompatibility.
CHEF-SPECIFIC TERMS.
Users who choose to operate as Chefs on the Platform are granted access to specialized tools that allow them to build a digital storefront, upload and manage food offerings, fulfill orders, interact with Consumers, and engage with the community through content and livestreaming features. By using the Platform as a Chef, you agree to comply with the additional responsibilities and requirements outlined in this section, in addition to all other applicable provisions of these Terms.
Chefs are solely responsible for ensuring that they have all required licenses, permits, certifications, or approvals necessary to legally prepare, package, and sell food or food-related items in their jurisdiction. OpenKitchen does not verify the legality or compliance of any Chef’s operations and does not assume liability for any failure by a Chef to meet regulatory or food safety standards. It is your responsibility to understand and comply with all laws applicable to your business activities, including but not limited to food handling regulations, health codes, labeling requirements, and consumer protection laws.
To sell food on the Platform, Chefs must complete a storefront setup process, which includes uploading menu items with accurate pricing, descriptions, and imagery. You must provide details such as food categories, dietary tags, portion sizes, and availability. You are responsible for maintaining up-to-date and accurate information for all items listed on your storefront. Failure to do so may result in negative reviews, user complaints, or administrative action by OpenKitchen.
All orders placed through your storefront must be fulfilled in a timely and professional manner. You agree to monitor incoming orders, communicate as necessary with Consumers, and fulfill orders as described. OpenKitchen is not a party to any transaction between you and the Consumer and is not responsible for delays, non-delivery, product quality, or disputes arising from your failure to meet expectations.
Chefs must connect a valid Stripe account to the Platform to receive payments. Funds are processed and disbursed in accordance with Stripe’s policies and may be subject to additional fees, including an optional instant payout fee. OpenKitchen deducts a platform fee from each completed transaction. Chefs are solely responsible for ensuring that their payment account information is accurate and current, and for any fees or taxes associated with their earnings.
OpenKitchen may require Chefs to complete an identity verification process or provide additional documentation to qualify for certain features, such as the Verified Chef badge. OpenKitchen reserves the right to remove or restrict access to seller tools at any time, including in response to reports of misconduct, policy violations, low fulfillment rates, poor reviews, or other factors that may negatively affect the Platform experience.
Chefs are prohibited from posting non-food-related content, engaging in fraudulent behavior, or using the Platform in any way that may undermine user trust or safety. We reserve the right to suspend or terminate any Chef account that violates these Terms or operates in a manner inconsistent with the purpose of the Platform.
USER CONDUCT AND OBLIGATIONS.
By accessing and using the Platform, you agree to act responsibly, respectfully, and in alignment with the purpose and values of the OpenKitchen community. You understand that the Platform is designed to foster positive, food-centric interactions and transactions, and you agree not to misuse the tools or services provided.
You agree to use the Platform only for lawful purposes and in a manner consistent with these Terms and any applicable laws or regulations. You must not post, upload, share, or transmit any content that is defamatory, obscene, harassing, threatening, hateful, misleading, fraudulent, discriminatory, sexually explicit, or otherwise inappropriate. You further agree not to engage in or promote the sale of alcohol, illegal drugs, weapons, or any other prohibited or regulated items through the Platform.
Content shared on the Platform must be food-related or directly tied to the culinary focus of the community. Users may not use the Platform for political content, unrelated personal promotion, or off-topic commercial activities. Any content, profile, or conduct deemed to fall outside the scope of food-related interaction may be removed at our discretion.
You are expected to interact respectfully with others, including through comments, reviews, livestream participation, and private messaging. Abusive language, harassment, bullying, spam, or unsolicited promotional content will not be tolerated. Users who violate these guidelines may be blocked by other users and are subject to warning, suspension, or permanent removal from the Platform.
You must not impersonate another person, misrepresent your identity, or use another user’s account without permission. You may not attempt to circumvent our moderation tools, exploit vulnerabilities in the Platform, reverse engineer the app, or engage in any behavior that could interfere with the normal operation or integrity of the Platform.
You are solely responsible for any content you upload or share, and for any interactions you initiate through the Platform. This includes ensuring that your posts, storefront items, livestreams, and messages comply with all applicable guidelines and do not infringe on the rights of others.
OpenKitchen reserves the right to monitor, moderate, and remove any content or accounts that violate these Terms, harm the community, or otherwise interfere with the intended use of the Platform. Repeated violations or serious breaches of conduct may result in permanent account suspension, legal action, and the forfeiture of access to features or earnings.
PAYMENT TERMS.
All monetary transactions on the Platform, including purchases made by Consumers and payouts to Chefs, are processed through Stripe, a third-party payment service provider. By engaging in transactions on the Platform, you agree to comply with Stripe’s terms of service and acknowledge that OpenKitchen is not a bank, money transmitter, or payment processor. We do not store or directly handle credit card or banking information.
When a Consumer places an order through a Chef’s storefront, the total amount charged will include the item price set by the Chef, applicable taxes (where required by law), a third-party payment processing fee, and any applicable service fees. OpenKitchen charges a 7% platform fee on each transaction, which is deducted from the amount payable to the Chef. In addition, Stripe collects a 2.9% + $0.30 USD processing fee from the total transaction value, which is paid by the Consumer at checkout.
Chefs are required to connect a valid Stripe account to receive payouts from transactions conducted on the Platform. Funds are disbursed by Stripe according to their standard processing timelines. Chefs may opt to receive an instant payout, which is subject to an additional 1.5% fee, deducted by Stripe and paid by the Chef. OpenKitchen is not responsible for any delays, holds, errors, or losses that may occur in connection with Stripe’s processing or disbursement of funds.
Chefs are solely responsible for setting their item prices, including whether prices include tax or delivery charges. Chefs are also responsible for complying with all applicable tax laws, including the collection and remittance of sales tax or any other local taxes associated with their food sales. OpenKitchen does not withhold taxes on behalf of any user and does not provide tax advice. Users are encouraged to consult a tax professional for assistance with their obligations.
OpenKitchen does not issue refunds for orders placed on the Platform. All sales are final. Consumers who experience an issue with a purchase—such as incorrect items, delayed or missing orders, or unsatisfactory quality—are encouraged to contact the Chef directly through the in-app messaging feature to seek resolution. While OpenKitchen provides tools for communication and feedback, we do not mediate disputes, issue refunds, or guarantee satisfaction for transactions between users.
You agree not to initiate chargebacks or payment disputes with your financial institution without first attempting to resolve the matter in good faith with the Chef. Repeated or abusive chargebacks may result in suspension or termination of your account.
In the event of technical errors, fraudulent transactions, or suspected misuse of the payment system, OpenKitchen reserves the right to withhold or reverse payouts, suspend user accounts, or initiate investigations to protect the integrity of the Platform. We also reserve the right to modify fee structures or payment terms at any time. Any such changes will be communicated in advance and will not apply retroactively to past transactions.
CONTENT GUIDELINES.
OpenKitchen is a food-focused platform built to foster creativity, commerce, and community. To preserve the integrity of the Platform and promote a safe and respectful environment, all content shared by users must comply with these Content Guidelines. By using the Platform, you agree to only post, share, or distribute content that aligns with the purpose and spirit of OpenKitchen and complies with applicable laws, these Terms, and any additional policies we may publish.
All content shared through the Platform—including posts, photos, videos, reviews, livestreams, menu descriptions, and profile information—must be directly related to food, cooking, culinary services, or the overall experience of sharing and selling food. Content that is unrelated to the Platform’s culinary mission, including political content, personal rants, or unrelated promotions, is not permitted and may be removed without notice.
You are strictly prohibited from posting or sharing content that is defamatory, obscene, pornographic, exploitative, violent, harassing, hateful, discriminatory, threatening, or otherwise offensive. This includes—but is not limited to—hate speech, nudity, sexually explicit materials, racial slurs, personal attacks, and misinformation about food safety or health practices.
You may not use the Platform to promote or facilitate the sale, advertisement, or distribution of illegal goods or services. This includes alcohol, tobacco, cannabis, drugs (including edibles containing controlled substances), weapons, or any items that are restricted or regulated under applicable law. Any such content will be removed, and your account may be suspended or permanently terminated.
Users must only post content they own or have lawful rights to share. Uploading content that infringes on copyrights, trademarks, or other intellectual property rights is strictly prohibited. This includes using music, brand logos, or media from other creators without permission. If we receive credible notice of infringement, we may remove the content and take action against the user in accordance with applicable law and our internal policies.
You are responsible for ensuring the accuracy and completeness of all content associated with your storefront, including menu items, descriptions, ingredients, dietary tags, pricing, and availability. Misleading, inaccurate, or intentionally deceptive content may be removed and may result in account restrictions or termination. Additionally, content that impersonates another individual, falsely claims affiliation with OpenKitchen, or misrepresents the nature of a food item or business operation is prohibited.
Live video streams and user messages must comply with the same standards as all other Platform content. Any livestream or chat activity that violates these guidelines may be terminated immediately by the Platform and may result in temporary or permanent loss of access to live features.
We reserve the right, but are not obligated, to monitor, review, screen, and moderate all content posted on the Platform. We may remove or disable any content, suspend or terminate user accounts, or take other enforcement actions at our sole discretion if we determine that content violates these guidelines, these Terms, or applicable law.
Repeat violations of these Content Guidelines may result in permanent account removal. If you believe your content was removed in error, you may contact our support team to request a review.
INTELLECTUAL PROPERTY RIGHTS.
OpenKitchen and its licensors retain all rights, title, and interest in and to the Platform, including but not limited to the app design, features, layout, underlying software, visual elements, logos, trademarks, service marks, branding, and any content created or provided by OpenKitchen ("Company Content"). The Platform, as well as any enhancements, updates, or derivative works, are protected by intellectual property laws, including copyright, trademark, trade secret, and other proprietary rights. Except as expressly authorized in these Terms, you may not copy, reproduce, distribute, modify, display, publish, license, or create derivative works from any portion of the Platform or Company Content.
Subject to your compliance with these Terms, OpenKitchen grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose on a mobile device that you own or control. This license does not permit you to use OpenKitchen’s trademarks or proprietary branding without prior written consent.
Users who upload, publish, or transmit content to the Platform ("User Content") retain ownership of their intellectual property rights in such content. However, by submitting or posting any User Content on or through the Platform, you grant OpenKitchen a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, host, store, reproduce, adapt, publish, display, modify, publicly perform, transmit, distribute, and otherwise exploit such content in connection with the operation, promotion, and improvement of the Platform and our business. This license survives the termination of your account or these Terms.
You are solely responsible for ensuring that your User Content does not infringe or violate the rights of any third party, including intellectual property rights, privacy rights, publicity rights, or contractual rights. You represent and warrant that you have all necessary rights, licenses, and permissions to post your content to the Platform and to grant the license described above. If you use third-party materials (such as music, images, or brand names), you must ensure that such use is properly licensed or otherwise authorized.
OpenKitchen does not claim ownership of your User Content, but we reserve the right to remove, disable, or take enforcement action against any content that, in our sole discretion, violates these Terms, infringes on the intellectual property rights of others, or is otherwise unlawful or objectionable.
If you believe that any content on the Platform infringes upon your intellectual property rights, please notify us by submitting a written notice in accordance with the Digital Millennium Copyright Act (DMCA) or other applicable law. We take such claims seriously and may remove allegedly infringing content pending investigation. Repeat infringement may result in permanent account termination.
MESSAGING AND LIVE FEATURES.
The OpenKitchen Platform includes interactive features such as private messaging and livestreaming, designed to support direct communication between users and foster real-time engagement around food and culinary experiences. These tools are intended to enhance the user experience but must be used responsibly and in accordance with these Terms.
Messaging functionality on the Platform is restricted to users who have an active transactional relationship. For example, Consumers may send messages to Chefs only in connection with a placed order. Messaging is not intended for unsolicited communication or general outreach. You may not use the messaging system to promote unrelated products or services, solicit personal information, spam other users, or engage in harassment or inappropriate conduct. Messages may be monitored, flagged, or reviewed by OpenKitchen to ensure compliance with our community standards and safety protocols.
Livestreaming is available to verified Chefs and may be used to engage with followers, showcase cooking sessions, promote offerings, or share behind-the-scenes kitchen content. Livestream sessions are subject to a maximum time limit of 120 minutes per stream. Streamers may choose to enable or disable their video or microphone during the session. Comments and likes are currently not supported during livestreams, but viewers may join and exit freely. You may not livestream content that is unrelated to food, includes prohibited or offensive material, or involves any behavior that violates our Content Guidelines.
All livestreams and messages must comply with applicable laws, these Terms, and OpenKitchen’s platform rules. Users are prohibited from using these features to engage in hate speech, harassment, impersonation, or the promotion or sale of illegal or restricted items. The Platform reserves the right to immediately terminate livestreams or disable chat functionality for any user who violates these terms, and may take further action including account suspension or removal.
OpenKitchen does not record or archive livestreams by default, and we do not guarantee the availability or uninterrupted performance of these features. Users are encouraged to report any abusive or unsafe behavior encountered during a livestream or in private messages using the appropriate in-app reporting tools. Repeated violations of our messaging or live feature policies may result in the loss of access to those features or full account suspension.
ADVERTISING AND MARKETING.
OpenKitchen is a food-focused community and marketplace, and we are committed to maintaining a user experience that aligns with the interests and expectations of our audience. While the Platform does not currently display paid advertisements, we reserve the right to introduce advertising and sponsored content in the future as part of our business model.
Any advertising or promotional content displayed on the Platform will be clearly distinguished from user-generated content and will primarily focus on products, services, and brands related to food, cooking, culinary tools, kitchenware, and lifestyle experiences that align with the nature of the Platform. We will not allow ads for unrelated industries or categories that conflict with our core mission, including but not limited to adult content, tobacco, firearms, gambling, or other categories that may be restricted by law or considered inconsistent with our values.
Sponsored content may appear in various formats, including but not limited to promoted posts, featured storefronts, banner placements, influencer collaborations, or integrated partnerships. Users will be able to identify paid promotions through visual indicators such as “sponsored,” “ad,” or similar disclosures.
We may also use aggregated, anonymized data to evaluate marketing performance and optimize content relevance. By using the Platform, you consent to the limited use of your activity data—such as the types of content you interact with or the categories of items you view—for purposes of enhancing advertising relevance and platform insights. We do not sell personal data to third-party advertisers, and any use of data will comply with our Privacy Policy and applicable data protection laws.
If you are a business, brand, or creator interested in advertising or sponsoring content on OpenKitchen, you may contact us at support@openkitchenapp.com for more information about our advertising guidelines and partnership opportunities. All sponsored campaigns are subject to our review and approval and must comply with these Terms and any additional advertising policies we implement.
OpenKitchen reserves the right to decline, remove, or restrict any advertising or promotional content at our sole discretion, especially if it is deemed misleading, disruptive, offensive, or inconsistent with the Platform’s purpose and standards.
DATA PRIVACY.
Privacy Policy governs the collection, use, storage, and security of personal data provided by users on the Platform. By using the Platform, users acknowledge and agree that the Privacy Policy is incorporated into these Terms by reference and forms an integral part of their agreement with the Company.
The Company collects and processes personal, financial, and transactional data to provide services, improve user experience, and ensure compliance with applicable laws. The specific types of data collected, how they are used, and the legal basis for processing such data are detailed in our Privacy Policy.
The Platform integrates with third-party service providers, including payment processors and messaging services. Any sharing of user data with these providers is conducted in accordance with our Privacy Policy and applicable privacy laws. Users are encouraged to review the privacy policies of any third-party services they engage with through the Platform.
Users have certain rights regarding their personal data, including access, correction, deletion, and restriction of processing, as outlined in our Privacy Policy. The Company employs industry-standard security measures to protect user information, but users must also take precautions to safeguard their account credentials and sensitive data.
The Company may update its Privacy Policy from time to time to reflect changes in legal requirements or business practices. Continued use of the Platform after any updates constitutes acceptance of the revised Privacy Policy.
SERVICE LIMITATIONS AND DOWNTIME.
While the Company strives to provide a reliable and accessible Platform, users acknowledge that uninterrupted access cannot be guaranteed. The availability of the Platform may be affected by scheduled maintenance, unforeseen technical issues, network failures, third-party service interruptions, security updates, or force majeure events.
To ensure the continued security, functionality, and performance of the Platform, the Company may perform scheduled maintenance and software updates. In cases where maintenance may result in temporary service downtime, users will receive advance notice whenever possible. Users are responsible for keeping their software and devices updated to maintain compatibility with the latest version of the Platform.
Certain aspects of the Platform rely on third-party services, including payment processors and messaging platforms. The Company does not control the availability or performance of these third-party services and is not liable for any downtime, delays, or disruptions caused by external service providers. Users experiencing issues related to third-party integrations should refer to the respective provider’s service status or support channels.
During periods of planned or unplanned downtime, users are responsible for taking appropriate measures to ensure continuity in their rental or property management activities. This includes backing up critical documents, maintaining alternative communication channels, and monitoring notifications for service restoration updates.
The Company is not liable for any losses, damages, or disruptions resulting from Platform downtime, service interruptions, or accessibility issues, whether due to maintenance, security measures, or third-party failures. Users acknowledge that their reliance on the Platform is subject to reasonable limitations, and the Company reserves the right to modify, suspend, or discontinue any part of the Platform without liability.
REVIEWS AND RATINGS.
The Platform includes a reviews and ratings system that allows Consumers to share feedback about their experiences with Chefs after completing a food order. This feature is designed to promote transparency, accountability, and trust within the OpenKitchen community, and it is a critical part of maintaining quality standards across the Platform.
Users may only leave a review after an order has been successfully placed and marked as complete. Reviews must be submitted within a reasonable period following order completion, and may include a star rating and an optional written comment of up to 300 characters. Each transaction is eligible for one review per Consumer, and reviews cannot be edited, modified, or removed once submitted, except in cases where OpenKitchen determines that the review violates these Terms or our Content Guidelines.
By submitting a review, you agree to provide honest, constructive, and factual feedback based on your actual experience. Reviews may not contain profanity, discriminatory language, personal attacks, or promotional material. Users are strictly prohibited from using the review system to retaliate, manipulate ratings, or coerce others. Attempts to artificially inflate or deflate a Chef’s rating through fraudulent orders, coordinated campaigns, or incentivized reviews are a violation of these Terms and may result in disciplinary action, including account suspension.
Chefs may not request, solicit, or offer compensation in exchange for positive reviews, nor may they pressure or retaliate against Consumers for leaving negative feedback. Reviews are intended to reflect genuine customer experiences and must remain independent and unbiased.
OpenKitchen reserves the right to monitor and moderate all reviews. We may remove or modify reviews that are irrelevant, inappropriate, misleading, or in violation of our policies. While we do not mediate factual disputes between users, we may take administrative action if we determine a review has been posted in bad faith or without justification.
The overall rating displayed on a Chef’s profile reflects an aggregate of recent ratings and is calculated by OpenKitchen using a proprietary system. While we strive for accuracy, ratings may fluctuate over time and should not be interpreted as endorsements or guarantees by OpenKitchen.
If you believe a review was submitted in violation of these Terms or has resulted in harassment or abuse, please contact us at support@openkitchenapp.com with a description of the issue and relevant order information. We will review such reports and take appropriate action at our discretion.
TERMINATION AND SUSPENSION.
OpenKitchen reserves the right to suspend, restrict, or terminate your access to the Platform—whether partially or in full—at any time and for any reason, with or without prior notice, if we determine that your conduct violates these Terms, our Content Guidelines, applicable laws, or the spirit and purpose of the Platform. This includes conduct by both Consumers and Chefs that undermines the integrity, safety, or functionality of the Platform or negatively affects other users’ experiences.
You may also request to delete your account at any time through your profile settings or by contacting us at support@openkitchenapp.com. However, if you are a Chef with outstanding or unfulfilled orders, you will not be permitted to delete your account until all pending transactions have been resolved and marked as complete. OpenKitchen may, at its sole discretion, delay or deny an account deletion request if there are unresolved disputes, chargebacks, or suspected policy violations tied to the account.
Accounts may be suspended or permanently terminated for reasons including, but not limited to: repeated or serious violations of content standards; abusive or harassing behavior toward other users; fraudulent activity, including false order fulfillment or manipulation of reviews; promotion or sale of prohibited items; impersonation or misrepresentation; or unauthorized use of the Platform for non-food-related purposes.
During a suspension, your access to certain features may be limited, and your profile, storefront, or content may be hidden from public view. In cases of permanent termination, all associated content, order history, reviews, and profile information may be permanently deleted and may not be recoverable. You understand and agree that OpenKitchen is not liable for any losses, including loss of earnings or data, resulting from a suspension or termination of your account.
OpenKitchen also reserves the right to suspend or terminate accounts that have been inactive for an extended period of time, particularly where required to comply with applicable data retention or privacy regulations.
Termination of your account, whether by you or by us, does not relieve you of any obligations that arose prior to such termination, including payment obligations, outstanding disputes, or responsibilities under any surviving provisions of these Terms.
If you believe your account has been suspended or terminated in error, you may contact our support team to request a review. OpenKitchen will evaluate such requests in good faith but is not obligated to reverse or reinstate any action taken in accordance with these Terms.
THIRD PARTY SERVICES.
The OpenKitchen Platform integrates with a number of third-party services and technologies to enable and support various features, including payment processing, live video streaming, location-based discovery, notifications, and user analytics. By using the Platform, you acknowledge and agree that these third-party services are necessary to deliver core functionality and that your use of them is subject to the terms, policies, and practices of the respective service providers.
These services may include, but are not limited to:
Stripe – for secure payment processing, order settlement, and payout disbursement to Chefs;
Agora – for real-time livestreaming and broadcasting features;
Firebase – for account notifications, authentication tools, and performance monitoring;
Google Maps API – for geolocation and map-based features used in food discovery and search;
Branch.io – for app linking and deep link functionality.
You understand and agree that OpenKitchen is not affiliated with, responsible for, or in control of the availability, functionality, data handling practices, or performance of these third-party services. Your interactions with these services are governed solely by their respective terms of use and privacy policies. We strongly encourage you to review the applicable terms and policies of each provider before using features of the Platform that rely on those services.
OpenKitchen is not liable for any issues, damages, losses, or disruptions caused by the actions or failures of third-party providers, including service outages, data breaches, delayed payouts, or functionality limitations. In the event that a third-party service becomes unavailable or materially changes its terms in a way that impacts Platform functionality, OpenKitchen reserves the right to modify, suspend, or discontinue any related features at its sole discretion.
In some cases, you may be required to establish a separate account or agree to specific terms with a third-party service—such as creating a Stripe account to receive payments as a Chef. You are solely responsible for maintaining compliance with such third-party requirements, and OpenKitchen is not responsible for any denial of service, restricted access, or account limitations imposed by those providers.
Where applicable, OpenKitchen may share limited user information with these services to facilitate platform operations. Such data sharing is performed in accordance with our [Privacy Policy], and all third-party providers are expected to uphold industry-standard data protection measures.
If you experience issues with a third-party integration, we encourage you to contact the third-party provider directly through their official support channels. You may also contact us for guidance or reporting, but OpenKitchen does not guarantee resolution of issues related to third-party services.
DISCLAIMER.
THE PLATFORM AND ALL CONTENT, FEATURES, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH OPENKITCHEN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, OPENKITCHEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR SYSTEM INTEGRATION.
OPENKITCHEN DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS. WE MAKE NO GUARANTEE THAT THE PLATFORM WILL OPERATE CONSISTENTLY OR BE AVAILABLE AT ALL TIMES, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU USE THE PLATFORM AT YOUR OWN RISK.
WE DO NOT GUARANTEE THE QUALITY, SAFETY, LEGALITY, OR COMPLIANCE OF ANY FOOD, PRODUCTS, OR SERVICES OFFERED BY USERS OF THE PLATFORM, INCLUDING CHEFS OR SELLERS. OPENKITCHEN IS NOT A FOOD PROVIDER, MANUFACTURER, OR REGULATOR. WE DO NOT PREPARE, INSPECT, PACKAGE, STORE, OR DELIVER ANY FOOD ITEMS LISTED OR SOLD ON THE PLATFORM. WE DO NOT VERIFY COMPLIANCE WITH LOCAL FOOD SAFETY REGULATIONS, HEALTH CODES, LICENSING REQUIREMENTS, OR INSURANCE COVERAGE FOR ANY CHEF OR FOOD PROVIDER. YOU ASSUME ALL RISK ASSOCIATED WITH PURCHASING, HANDLING, OR CONSUMING FOOD FROM USERS OF THE PLATFORM.
ANY INTERACTIONS YOU HAVE WITH OTHER USERS, INCLUDING TRANSACTIONS, MESSAGES, LIVESTREAMS, REVIEWS, AND ORDER FULFILLMENT, ARE SOLELY BETWEEN YOU AND THAT USER. WE DO NOT ENDORSE OR GUARANTEE ANY USER, AND WE DO NOT ASSUME RESPONSIBILITY FOR THE ACTIONS, OMISSIONS, OR REPRESENTATIONS OF ANY USER, INCLUDING CHEFS, CONSUMERS, OR THIRD-PARTY PROVIDERS.
IN ADDITION, OPENKITCHEN MAKES NO WARRANTY REGARDING, AND DISCLAIMS ALL LIABILITY FOR, THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY CONTENT POSTED BY USERS. USER-GENERATED CONTENT IS NOT VETTED, APPROVED, OR ENDORSED BY OPENKITCHEN, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ITS LEGALITY, QUALITY, OR SUITABILITY FOR ANY PURPOSE.
TO THE EXTENT THAT THE PLATFORM RELIES ON THIRD-PARTY SERVICES—INCLUDING BUT NOT LIMITED TO STRIPE, AGORA, FIREBASE, GOOGLE MAPS, AND OTHER INTEGRATIONS—WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE PERFORMANCE, ACCURACY, AVAILABILITY, OR DATA PRACTICES OF SUCH THIRD PARTIES. YOU AGREE THAT OPENKITCHEN IS NOT LIABLE FOR ANY ISSUES ARISING FROM YOUR USE OF OR RELIANCE ON THIRD-PARTY SERVICES OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH CASES, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW. HOWEVER, THEY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPENKITCHEN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, LOSS OF DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE PLATFORM—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, OPENKITCHEN SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM: (1) ANY TRANSACTION OR RELATIONSHIP BETWEEN USERS OF THE PLATFORM, INCLUDING DISPUTES BETWEEN CONSUMERS AND CHEFS; (2) DELAYS, DELIVERY FAILURES, OR DISRUPTIONS CAUSED BY THIRD-PARTY SERVICES OR NETWORK PROVIDERS; (3) ANY ACTIONS OR OMISSIONS OF USERS, INCLUDING THE SALE OR CONSUMPTION OF FOOD ITEMS OR SERVICES THAT MAY BE ILLEGAL, UNSAFE, MISREPRESENTED, OR UNLICENSED; (4) ANY USER CONTENT THAT IS DEFAMATORY, OFFENSIVE, OR UNLAWFUL; OR (5) UNAUTHORIZED ACCESS TO, OR USE OF, YOUR ACCOUNT OR PERSONAL INFORMATION.
IN ALL CASES, OPENKITCHEN’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100); OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO OPENKITCHEN (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH CASES, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
BY USING THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION ARE A REASONABLE ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND OPENKITCHEN.
INDEMNIFICATION.
DISPUTE RESOLUTION.
If the parties are unable to resolve the dispute through direct negotiations, they agree to endeavor to settle the dispute through mediation administered by a neutral mediator before resorting to litigation or any other dispute resolution procedure. The parties will jointly appoint an agreeable mediator and will share equally in the costs of such mediation.
If mediation proves unsuccessful, either party may initiate binding arbitration. Such arbitration shall be administered by a recognized arbitral body mutually agreed upon by the parties. The judgment rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs in the arbitration and shall share equally the costs of the arbitrator.
Notwithstanding the above clauses, OpenKitchen reserves the right to seek injunctive relief or file for damages in any court of competent jurisdiction in cases where OpenKitchen believes that its intellectual property rights have been violated or where it deems necessary to protect its business interests.
GOVERNING LAW.
These Terms, including all agreements and policies incorporated by reference, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any principles of conflicts of laws thereof that would lead to the application of the laws of another jurisdiction. The laws of the State of Delaware shall govern all matters arising out of or relating to these Terms, including, without limitation, its validity, interpretation, construction, performance, and enforcement.
Both parties agree that any legal action or proceeding arising out of or in connection to the obligations, rights, and remedies of parties under these Terms shall be brought exclusively in the courts of Dallas County, Texas. Each party consents and submits to the exclusive jurisdiction of these courts in any such action or proceeding and waives any objection to venue or inconvenient forum.
You and OpenKitchen agree that any proceedings to resolve or litigate any dispute will be conducted on an individual basis and not as a class action or other representative action, whether within a class-wide arbitration, by a class action, or otherwise. Both parties expressly waive any ability to maintain any class action in any forum.
AMENDMENTS.
We reserve the right to modify, update, or change these Terms at any time and without prior notice. Any modifications will be effective immediately upon posting on our Platform. It is your responsibility to review these Terms periodically to stay informed of any updates or changes. By continuing to access our website and use our services after the modifications have been made, you agree to be bound by the revised Terms.
· Changes to Terms: We may modify these Terms to reflect changes in our business practices, legal requirements, or improvements to our services. We will make reasonable efforts to provide notice of material changes to these Terms. Such notice may be provided through our website, by email, or by other means we deem appropriate. It is your responsibility to review the updated Terms.
· Continued Use: By continuing to access our website and use our services after the modifications have been made, you indicate your acceptance of the modified Terms. If you do not agree with the modified Terms, you should discontinue using our Platform and services.
· Effect on Prior Agreements: Any modifications to these Terms will apply prospectively and will not affect any rights or obligations that arose prior to the effective date of the modifications. If you have entered into any separate agreements with us, the terms of those agreements will prevail in the event of any inconsistency with these Terms, unless expressly stated otherwise.
· Right to Terminate: We reserve the right to terminate, suspend, or restrict your access to our website and services, in whole or in part, at our sole discretion and without liability, if you fail to comply with these Terms or for any other reason we deem necessary.
Please note that any modifications to these Terms will not affect our commitment to protecting your privacy and maintaining the confidentiality and security of your personal information. Our privacy practices are governed by our Privacy Policy.
WAIVER.
The failure or delay of OpenKitchen in exercising any right, remedy, power, or privilege under these Terms shall not constitute a waiver thereof. Similarly, any single or partial exercise of any right, remedy, power, or privilege hereunder shall not preclude further exercise of the same or of any other right, remedy, power, or privilege.
Any waiver by OpenKitchen of a breach of any provision of these Terms shall only be effective if it is in writing and signed by an authorized representative of OpenKitchen. A waiver of any term or provision shall not be construed as a waiver of any subsequent breach or default, whether of a similar nature or otherwise.
No waiver by OpenKitchen of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of OpenKitchen to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
HEADINGS.
The headings used in these Terms are for convenience and reference purposes only. They do not limit, interpret, or define the scope or intent of the provisions contained herein. The headings are not intended to be legally binding or to affect the meaning or interpretation of these Terms.
· Interpretation: The provisions contained in these Terms shall be interpreted in accordance with their plain meaning and intent, regardless of any headings or titles.
· Organization and Structure: The headings used throughout these Terms are provided to aid in navigating and understanding the content. They are organized in a logical manner and reflect the general subject matter of the respective sections.
· Non-Exclusive: The headings used in these Terms are not an exhaustive representation of the topics covered. Other terms and concepts may be included in each section, regardless of whether they are explicitly stated in the headings.
· No Legal Significance: The headings are not intended to have any legal significance or to modify or alter the rights and obligations of the parties under these Terms. They are simply a structural element to enhance readability.
Please note that the headings provision is included for organizational purposes and does not impact the substantive rights and obligations set forth in these Terms.
SEVERABILITY.
In the event that any provision or part of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remainder of these Terms shall remain in full force and effect.
The invalid, illegal, or unenforceable provision shall be modified to the extent necessary to render it valid, legal, and enforceable while preserving its intent. If modification is not possible, the affected provision or part thereof shall be deemed severed from these Terms, but all other provisions and parts of these Terms shall continue in full force and effect.
The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision or part of these Terms, which shall remain in full force and effect as though such invalid, illegal, or unenforceable provision had never been included.
These Terms shall be construed as if each provision and part thereof were drafted independently, and any presumption or rule of construction against construing ambiguities in favor of the drafting party shall not apply to the interpretation or construction of these Terms.
ENTIRE AGREEMENT.
These Terms, including any additional policies or agreements incorporated by reference, constitute the entire agreement and understanding between OpenKitchen and you, superseding all prior or contemporaneous communications, proposals, understandings, agreements, or representations, whether oral or written, between the parties regarding the subject matter herein.
You acknowledge that you have not relied upon any representation, promise, or warranty made by OpenKitchen, except as expressly set forth in these Terms.
Any modifications, amendments, or supplements to these Terms must be made in writing and signed by an authorized representative of OpenKitchen. No oral modifications or agreements shall be valid.
Any provision that, by its nature, should survive termination or expiration, shall survive termination or expiration, including but not limited to provisions governing intellectual property, limitation of liability, indemnification, dispute resolution, and governing law.
In the event of any conflict or inconsistency between the provisions of these Terms and any other agreements or policies, the provisions of these Terms shall prevail.
CONTACT US.
If you have any questions, concerns, or feedback regarding these Terms, our Platform, or any of our products or services, please feel free to contact us through any of the following channels:
· Email: support@openkitchenapp.com
To assist us in addressing your concerns effectively, please ensure that your communication includes your name, contact information, and a clear description of your question or issue. We may update the contact information provided herein from time to time. It is your responsibility to check this provision for the most current contact information.
Please note that any information provided through our contact channels is for general informational purposes only and does not constitute legal, financial, or professional advice. For specific legal or financial concerns, consult with a qualified professional.
We may retain records of your inquiries and our responses for our records and as required by applicable laws and regulations.