Terms & Conditions

Effective Date: August 8, 2025

Welcome to Caterlush, an online platform connecting customers with local food creators. By accessing or using Caterlush, whether through our website or app, you ("you," "user," "customer," "caterer," "cook," or "food creator") agree to these Terms and Conditions ("Terms"). Please read them carefully.

1. Eligibility

  • Caterlush is intended for users located in the United States.
  • Food creators must be at least 18 years old to create and manage listings.
  • Customers must be at least 18 years old to make purchases.

2. User Accounts

  • You may browse Caterlush without an account, as a guest.
  • To book a service, place an order, or list offerings, you must create an account and provide accurate, complete information.
  • We reserve the right to suspend or terminate any account found to be in violation of these Terms.

3. Platform Usage

You agree to use Caterlush lawfully and responsibly. Prohibited activities include (but are not limited to):

  • Misrepresenting your identity, qualifications, or services.
  • Attempting to arrange or accept payments outside the Caterlush platform.
  • Uploading or sharing offensive, illegal, or copyrighted material without permission.
  • Violating local health or business regulations.
  • Harassing or threatening others.
  • Creating multiple accounts without authorization.

4. Food Creator Listings

  • Food creators may list services, pricing, pictures, and availability on their profiles.
  • A valid food license such as ServSafe and/or a Cottage Food License is required and will be reviewed by our team before your listings/offerings are made publicly available.
  • All services and information listed must be accurate, safe, and compliant with local laws.
  • You are solely responsible for ensuring that any media, text, recipes, or other content you post does not infringe the intellectual property rights of any third party.

5. Payments and Fees

  • All payments are processed through Stripe, a secure third-party payment processor. Stripe fees are covered by our cooks/food creators.
  • Caterlush currently charges a 7% service fee to customers, applied to the total transaction amount.
  • We may update our pricing structure at any time, including transitioning to subscription models for food creators. You will be notified of such changes in advance.

6. Fund Handling and Payouts

  • Caterlush may temporarily hold funds after a booking until services are completed, after which funds will be disbursed to the food creator.
  • Payouts to food creators are handled through Stripe and may be subject to standard processing times and verification.
  • We reserve the right to delay or withhold payments in case of disputes, suspected fraud, or legal compliance reviews.

7. Cancellations and Refunds

  • Each food creator sets their own cancellation policy.
  • Caterlush will honor these policies when determining refunds.
  • Refunds are processed at our sole discretion, based on the terms set by the food creator and the circumstances of the cancellation.
  • In the event of a dispute, users may contact us for mediation, though Caterlush is not liable for resolving every dispute between users.

8. User Content & Intellectual Property

  • You retain ownership of any content you submit, but by uploading it, you grant Caterlush a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, and distribute it in connection with our services (including marketing, social media, and analytics).
  • You represent and warrant that you own or have permission to use all content you upload, including but not limited to text, recipes, images, logos, audio, and video.
  • You agree to indemnify and hold Caterlush harmless from any claims, damages, or legal costs (including attorney's fees) arising from content you upload or provide.

9. DMCA Policy

Caterlush respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA).

  • If you believe your copyrighted material has been posted on our platform without authorization, you may submit a DMCA takedown notice to our registered DMCA Agent.
  • Caterlush may remove or disable access to allegedly infringing content without notice and may terminate the accounts of repeat infringers.
  • Users agree that they are solely responsible for any content they upload and for resolving any disputes related to their uploaded material.

DMCA Agent Contact:

Name: [To Be Added]

Address: [To Be Added]

Email: [To Be Added]

Phone: [To Be Added]

10. Accessibility

We are committed to making Caterlush accessible to individuals with disabilities, in accordance with the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG) 2.1 AA standards.

11. Termination

We reserve the right to terminate or restrict access to Caterlush for any user who violates these Terms, engages in fraudulent or abusive behavior, or causes harm to the platform or its users.

12. Disclaimers

Caterlush is a technology platform that connects customers with independent food creators. We do not prepare, package, deliver, or sell food, and we do not assume responsibility for the quality, safety, legality, or any other aspect of the goods or services provided by food creators.

Caterlush does not guarantee that any food creator will meet your expectations or comply with applicable laws, including but not limited to food safety regulations, licensing, or business permits. While we may review certain licenses or permits, we do not warrant that such information is complete, accurate, or up to date.

By using the platform, you acknowledge and agree that:

  • You assume all risks associated with consuming any food or beverage obtained through Caterlush.
  • Caterlush is not responsible for any illness, injury, death, property damage, or other loss resulting from your use of the platform or services provided by food creators.
  • Any disputes regarding goods or services are solely between you and the other party (food creator or customer).
  • The platform and all content are provided "as is" and "as available," without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

  • To the fullest extent permitted by law, Caterlush's total liability to you for any claim arising from or related to the platform will not exceed the greater of (a) $100 USD or (b) the total amount paid by you to Caterlush in the six (6) months preceding the claim.
  • Caterlush is not liable for any indirect, incidental, special, punitive, or consequential damages, even if advised of their possibility.

14. Assumption of Risk and Waiver

By using the platform, you agree to release, waive, and discharge Caterlush from any and all claims, damages, liabilities, costs, or expenses related to:

  • Foodborne illness, allergic reactions, or other health issues.
  • Misrepresentation or non-performance by food creators.
  • Accidents, injuries, or other incidents occurring before, during, or after the provision of services arranged through Caterlush.

15. Indemnification

You agree to indemnify, defend, and hold harmless Caterlush, its affiliates, officers, directors, employees, and agents from any claim, demand, liability, damage, loss, or expense (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the platform.
  • Any content you upload or provide.
  • Your violation of these Terms or applicable law.
  • Any infringement or alleged infringement of intellectual property rights.

16. Dispute Resolution; No Class Actions

  • You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of Caterlush will be resolved exclusively by binding arbitration in the State of Connecticut, administered by the American Arbitration Association under its rules.
  • NO CLASS ACTIONS: YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17. Changes to Terms

Caterlush may update these Terms at any time. Continued use of the platform after such updates constitutes acceptance of the new Terms. Significant changes will be communicated via email or platform notification.

18. Governing Law

These Terms shall be governed by the laws of the State of Connecticut, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of courts located in Fairfield County, Connecticut for any court action permitted under these Terms.

19. Contact Us

Email: [email protected]

Accessibility Contact: [email protected]

DMCA Agent Contact: [To Be Added]

Last Updated: August 8, 2025