Terms of Use

1. Who we are

These Terms of Use ("Terms") are a binding agreement between you and Food Finder LLC, a Florida limited liability company ("Food Finder," "we," "us," or "our"). By creating an account, accessing, or using the platform, you agree to these Terms and to our Privacy Policy, Cookie Policy, Community Guidelines, and the role-specific disclosures presented at sign-up.

2. The platform — what it is and is not

Food Finder is a subscription-based platform whose only function is to help users ("Sharers") who have surplus food connect with users ("Finders") who can use it. We provide the technology that makes the introduction; everything else — the food itself, the conversation, the pickup, and the consumption — happens entirely between users, independently of Food Finder. Food Finder does not buy, sell, prepare, handle, inspect, verify, store, transport, deliver, or distribute any food, and does not facilitate any payment or transaction between users.

Food is free. Always. All food shared through Food Finder must be given free of charge. No payments of any kind are allowed between users — on the platform or off the platform — whether mandatory or optional. This includes (but is not limited to) tips, gratuities, "thank-you" payments, donations, suggested contributions, reimbursements, gift cards, cash, digital transfers (Venmo, Zelle, Cash App, PayPal, crypto, etc.), goods-in-kind, services-in-kind, or any other form of consideration in connection with shared food. Membership fees are paid to Food Finder solely for access to the platform and have nothing to do with the value, price, or exchange of any food.

Food Finder is NOT:

• a food provider, restaurant, food retailer, food handler, food preparer, or food packager;
• a marketplace, broker, agent, or intermediary in any food exchange;
• a delivery, courier, or logistics service;
• a food bank, charity, health authority, or food safety inspector;
• a party to any agreement, communication, exchange, or interaction between users;
• a guarantor or warrantor of the safety, quality, freshness, accuracy, legality, labeling, allergen status, or fitness of any food.

No guarantees. Food Finder makes no representations or warranties — express or implied — about the safety, quality, condition, source, allergens, ingredients, compliance with law, or any other characteristic of food shared by users, or about the identity, conduct, character, or qualifications of any user.

Users assume all risk. Each user is solely responsible for their own decisions and actions on the platform, and assumes all risk of loss, illness, injury, or damage arising out of those decisions and actions.

Independent status. Sharers and Finders are independent individuals. They are not employees, agents, contractors, partners, joint venturers, or representatives of Food Finder, and have no authority to act on Food Finder's behalf.

3. Eligibility

You must be at least 13 years old to use Food Finder. If you are under 18, you may only use the platform with the verifiable consent and supervision of a parent or legal guardian, who accepts these Terms on your behalf and is jointly responsible for your activity. You must not be barred from using the platform under applicable law.

4. Accounts and verification

You agree to provide accurate information, keep your account secure, and be responsible for all activity under your account. We may suspend or terminate accounts at any time, with or without notice, including for suspected fraud, abuse, safety risk, or violation of these Terms.

5. Membership fees

Access to certain features (Sharer, Finder, or All-access) requires a paid membership. Membership fees are paid to Food Finder for access to the platform only — they are not payment for any food, and Food Finder neither sells food nor takes any commission, markup, or share of any user-to-user exchange. Prices are shown on the Pricing page. Payments are processed by our third-party payment processor (Stripe). By subscribing you authorize recurring charges until you cancel. Memberships renew automatically and you may cancel at any time, effective at the end of the current billing period. Except where required by law, fees are non-refundable.

6. Food safety — USE AT YOUR OWN RISK

Food shared through the platform is not inspected, tested, regulated, handled, stored, transported, or endorsed by Food Finder. We make no representations or warranties of any kind regarding the safety, freshness, allergens, ingredients, preparation, storage, temperature, source, expiration, legality, or fitness for consumption of any food.

• Sharers are independent providers and are solely responsible for accurate descriptions, allergen disclosure, safe handling, lawful sourcing, any required licensing or permits, and full compliance with all applicable food, health, cottage food, and donation laws.
• Finders are solely responsible for evaluating, accepting, transporting, storing, and consuming food at their own discretion and risk.
• Never accept food you are unsure about. When in doubt, throw it out.

Good Samaritan Act. Good-faith donations of apparently wholesome food are protected from civil and criminal liability under the federal Bill Emerson Good Samaritan Food Donation Act of 1996 (42 U.S.C. § 1791), as expanded by the Food Donation Improvement Act of 2023, and under analogous laws in every U.S. state. These protections apply except in cases of gross negligence or intentional misconduct. Nothing in these Terms is intended to limit those statutory protections.

7. Conduct and prohibited activity

You agree not to:

• list food you know or suspect to be spoiled, contaminated, recalled, or unsafe;
• misrepresent food, ingredients, allergens, source, or preparation;
• sell food, or request, offer, accept, or solicit any payment, tip, gratuity, donation, suggested contribution, reimbursement, gift card, cash, digital transfer, goods, services, or other consideration between users — on the platform or off the platform, mandatory or optional. Food on Food Finder is always free;
• list alcohol, cannabis, controlled substances, raw milk, or any item prohibited by law;
• harass, threaten, dox, defraud, or discriminate against any user;
• use the platform for commercial resale or any commercial purpose without our written permission;
• scrape, reverse engineer, or interfere with the platform;
• impersonate any person or misrepresent your affiliation.

See our Community Guidelines for more.

8. User content

You retain ownership of content you post (listings, photos, messages). You grant Food Finder a worldwide, non-exclusive, royalty-free license to host, display, reproduce, and distribute that content for the purpose of operating and promoting the platform. You represent that you have all rights necessary to grant this license.

Listing lifecycle and automatic deletion. To keep the platform current and prevent stale food from sitting in the feed, every listing has a fixed 20-day active window that starts when you first post it. If you haven't marked the listing picked up and haven't refreshed or edited it within that 20 days, the listing — including its photos — is permanently and automatically deleted from our systems. Deletion is final: we do not archive, back up for recovery, or restore expired listings. If you still have food available after the 20-day window closes, you're welcome to post a brand-new listing. You can also extend the window at any time before it closes by tapping Refresh (or editing the listing), which resets the 20 days from that moment. This automatic purge is a core operating practice of the platform and applies to every listing without exception.

9. DISCLAIMERS — NO WARRANTIES

THE PLATFORM AND ALL CONTENT, LISTINGS, AND USER INTERACTIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOOD FINDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY FOOD WILL BE SAFE, ACCURATELY DESCRIBED, OR SUITABLE FOR YOU.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOOD FINDER, ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, HEALTH, OR PROPERTY, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR ANY FOOD OBTAINED THROUGH IT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) USD $100.

11. Assumption of risk and release

You knowingly and voluntarily assume all risks associated with using the platform and with sharing, accepting, transporting, preparing, storing, and consuming food obtained through the platform, including risks of foodborne illness, allergic reaction, injury, property damage, theft, fraud, or harm caused by other users. You release and forever discharge Food Finder from any and all claims, demands, and causes of action arising from those activities.

12. Indemnification

You agree to defend, indemnify, and hold harmless Food Finder and its officers, users, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the platform, your content, your interactions with other users, your food, or your violation of these Terms or any law.

13. Governing law, venue, and jurisdiction

Governing law. These Terms, and any dispute, claim, or controversy (whether in contract, tort, statute, or otherwise) arising out of or relating to these Terms, the platform, your membership, or any interaction with Food Finder or with another user through the platform, are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Exclusive venue. Subject only to the binding arbitration agreement in Section 14, you and Food Finder agree that the exclusive venue for any action, suit, or proceeding arising out of or relating to these Terms or the platform shall be the state courts located in Miami-Dade County, Florida, or the United States District Court for the Southern District of Florida, and no other forum.

Personal jurisdiction. You irrevocably consent and submit to the personal jurisdiction of those courts for any such action, waive any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens, and agree not to commence any such action in any other court.

Jury trial waiver. To the maximum extent permitted by law, you and Food Finder each waive any right to a trial by jury in any action or proceeding arising out of or relating to these Terms or the platform.

Time limitation. Any claim arising out of or relating to these Terms or the platform must be filed within one (1) year after the claim arose; otherwise it is permanently barred.

14. Binding arbitration and class-action waiver

Please read this section carefully — it affects your legal rights. You and Food Finder agree that any dispute, claim, or controversy arising out of or relating to these Terms or the platform will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in the county of Food Finder's principal Florida office, or by video where permitted. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and Food Finder agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class user in any purported class, collective, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Opt-out. You may opt out of this arbitration agreement by emailing legal@foodfinder.org within 30 days of first accepting these Terms, with your name, account email, and a clear statement that you wish to opt out.

15. Referral Program

Food Finder LLC offers a voluntary referral program ("Referral Program") under which subscribed members may earn subscription credits by referring new members who sign up, complete their free trial, pay their first subscription invoice, and maintain an active paid subscription for at least ninety (90) days ("Qualified Referral").

Reward mechanic. For every five (5) Qualified Referrals attributed to your account, Food Finder will issue one (1) month of subscription credit to your Stripe customer balance, calculated at the plan level you were subscribed to at the moment the referred user signed up using your personal referral link. Credits stack; there is no cap on lifetime credits.

No cash value. Credits issued under the Referral Program have no cash value, are non-transferable, non-refundable, and may not be exchanged, sold, gifted, or converted to cash under any circumstances. Credits may only be applied toward future Food Finder subscription invoices for the account to which they were issued. Credits expire twelve (12) months after issuance and any unused portion is forfeited.

Eligibility and disqualification. To receive a credit, you must maintain an active paid Food Finder subscription at the time of credit issuance. Referrals do not qualify if: (a) the referred user is you or was created by you; (b) the referred user uses the same payment method fingerprint as any other referral attributed to you; (c) the referred user's email is from a disposable or temporary email service; (d) the referred user cancels, disputes a charge, or fails to complete the 90-day retention window; or (e) Food Finder LLC reasonably determines in its sole discretion that the referral is fraudulent, coordinated, or otherwise abusive of the program. Food Finder LLC reserves the right to withhold, revoke, void, or claw back any credit at any time based on such determination.

No purchase required. The referrer is not required to make any purchase beyond their existing subscription to participate. The referred user makes their own independent decision to subscribe.

Program changes. Food Finder LLC may modify, suspend, or terminate the Referral Program at any time in its sole discretion. Credits already issued and unexpired at the time of any change will be honored under the terms in effect at the time of issuance.

Void where prohibited. The Referral Program is void where prohibited or restricted by applicable law. You are responsible for compliance with any tax or reporting obligations arising from credits you earn.

16. Termination

We may suspend or terminate your access at any time, for any reason, including suspected violation of these Terms. Sections that by their nature should survive termination will survive (including disclaimers, limitation of liability, indemnification, and arbitration).

17. Changes

We may update these Terms. Material changes will be communicated by posting the updated Terms with a new "Last updated" date and, where appropriate, in-app notice. Your continued use after the effective date constitutes acceptance.

18. Copyright (DMCA)

Food Finder complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). To submit a takedown notice or counter-notification, see our DMCA & Copyright Policy.

19. Contact

Food Finder LLC — legal@foodfinder.org.