Terms and Conditions

1. Agreement to These Terms

These Terms and Conditions govern your access to and use of SuPlate, including our websites, applications, features, tools, and related services. Together with our Privacy Policy and any other policies we reference, these Terms form the agreement between you and Amalienau, Inc. regarding your use of SuPlate.

By using SuPlate, you agree to these Terms. If you do not agree, do not use the service. If you use SuPlate for a company, organization, or another person, you represent that you have authority to accept these Terms on their behalf.

Important notice: these Terms include a binding arbitration agreement and a waiver of class actions. Please read Section 9 carefully.

2. Key Definitions

Affiliate means an entity or person that controls, is controlled by, or is under common control with another party. Control includes the ability to direct management or policies, whether by ownership, contract, or other means.

SuPlate, we, us, or our means Amalienau, Inc. and its directors, officers, employees, agents, contractors, vendors, payment partners, and other service providers.

Services means the SuPlate platform and all products, features, websites, applications, APIs, communications, and tools that we make available.

User means anyone who accesses or uses the Services, including buyers, cooks, visitors, support users, and account holders.

User Content means any listing, profile information, message, review, report, image, text, or other material that a User submits, uploads, posts, sends, or otherwise makes available through SuPlate.

Your Content means User Content that you provide or authorize us to use. Your Trademarks means any names, marks, logos, trade names, or branding you provide or authorize us to use.

Services Content means materials, text, graphics, designs, software, data, and other content that SuPlate provides or makes available through the Services.

3. What SuPlate Does

SuPlate provides a marketplace and communication platform that helps people discover, list, discuss, order, and manage local homemade-food experiences. SuPlate is not the cook, buyer, food producer, caterer, restaurant, delivery provider, payment card issuer, or government licensing authority.

Cooks and buyers are responsible for their own actions, listings, communications, transactions, pickup arrangements, food handling, and compliance with applicable laws. SuPlate may provide tools, workflows, payment support, and marketplace rules, but we do not guarantee the quality, safety, legality, availability, or accuracy of any User's food, listing, pickup arrangement, profile, message, or other activity.

4. Accounts, Eligibility, and User Duties

You must be at least 18 years old, or the age of legal majority where you live, to use SuPlate. You must provide accurate, current, and complete registration information and keep it updated. You are responsible for safeguarding your account credentials and for all activity under your account.

You may not create duplicate accounts to manipulate the platform, evade enforcement, generate self-referrals, misrepresent identity, or conduct fraudulent activity. We may suspend or terminate accounts, cancel benefits, withhold payouts, reject refunds, or take other appropriate action if we believe platform integrity has been compromised.

If you allow another person to use your account or any account permissions, you are responsible for that person's actions. You must notify us promptly if you suspect unauthorized account access or any security issue.

All Users are responsible for obtaining and maintaining any permits, licenses, approvals, registrations, inspections, or authorizations required for their activities. Cooks are responsible for understanding and following food, cottage-food, labeling, tax, pickup, safety, business, and consumer-protection rules that apply to them. We may request evidence of compliance where appropriate.

5. Cook Legal Compliance and Cottage Food Responsibilities

Each cook is solely responsible for determining whether they may lawfully prepare, list, sell, package, label, deliver, or arrange pickup for food through SuPlate. This includes complying with any applicable Cottage Food Operator law, home-food business rule, food-handler requirement, local health department rule, zoning rule, tax rule, allergy-disclosure requirement, packaging requirement, and any other law or regulation that applies to the cook's location and activity.

SuPlate does not verify that a cook qualifies as a Cottage Food Operator or other lawful food seller, does not issue food permits or licenses, does not inspect kitchens, does not supervise food preparation, and does not guarantee that any listing, meal, label, ingredient statement, pickup arrangement, or cook practice complies with applicable law.

Cooks are responsible for truthful listing information, safe food handling, required disclosures, ingredient and allergen accuracy, packaging and labeling compliance, and any restrictions on what foods may be sold from a home kitchen. SuPlate is not responsible for a cook's failure to comply with food laws, cottage-food rules, permits, inspections, labels, taxes, insurance, or safety obligations.

6. Privacy and Data

Our Privacy Policy explains how we collect, use, disclose, and protect personal information. By using SuPlate, you also agree to the Privacy Policy.

The Services may use cookies, pixels, local storage, analytics, and similar technologies as described in the Privacy Policy. If you collect, receive, or process information about other Users through SuPlate, you must handle that information lawfully, responsibly, and only for the purpose for which it was provided.

7. Termination and Suspension

These Terms apply from the first time you access or use SuPlate and continue until terminated by you or by us. You may stop using the Services or request account closure at any time, subject to any obligations that survive account closure.

We may suspend, limit, or terminate access if we believe you violated these Terms, failed to pay amounts owed, created risk for Users or the platform, broke the law, interfered with the Services, misused support or reporting tools, or otherwise acted in a way that harms SuPlate or its Users.

We may retain information for as long as needed for operations, legal compliance, dispute resolution, fraud prevention, tax and payment records, safety, support, and legitimate business purposes, unless the law requires deletion sooner. Sections that by their nature should survive termination will continue to apply, including ownership, licenses, disclaimers, liability limits, indemnity, arbitration, and payment-related obligations.

8. Release and Indemnification

You agree not to involve SuPlate in disputes between you and another User or third party. To the fullest extent permitted by law, you release SuPlate and its related parties from claims, losses, damages, liabilities, costs, and expenses arising from your interactions with other Users, User Content, food listings, orders, pickup arrangements, communications, feedback, legal violations, missing permits, or third-party rights disputes.

You agree to defend, indemnify, and hold harmless SuPlate and its related parties from any claim, demand, proceeding, investigation, loss, liability, damage, cost, or expense, including reasonable attorneys' fees, arising from your use of the Services, your Content, your transactions, your breach of these Terms, your violation of law, your food or marketplace activities, or your infringement of another person's rights.

If a claim requires your indemnification, we may notify you, but a delay in notice does not relieve your obligations except to the extent you are materially prejudiced. We may control the defense or settlement of a claim at our expense, and you agree to cooperate. You may not settle a claim in a way that admits fault by SuPlate or creates an obligation for SuPlate without our prior written consent.

9. Disclaimers and Assumed Risks

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, SuPlate disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not promise that the Services will be uninterrupted, secure, error-free, available at any particular time, or compatible with every device or browser. We do not guarantee the truth, quality, legality, safety, availability, or completeness of User listings, meals, pickup details, messages, ratings, profiles, or other User-provided information.

Using a local homemade-food marketplace involves practical and personal risks. These may include food preference mismatch, illness, allergic reaction, timing or pickup problems, property damage, personal injury, disputes, or non-performance by another User. You choose to use the Services and interact with other Users at your own risk and must use reasonable care, due diligence, and judgment.

10. Beta and Pre-Release Features

We may offer beta, pilot, early-access, experimental, or pre-release features. They may not be labeled as beta, may change quickly, may contain defects, may be discontinued, and may not perform like a generally available product.

You use beta features voluntarily and at your own risk. We may modify, limit, or revoke access to beta features at any time, with or without notice.

11. Limitation of Liability

To the maximum extent permitted by law, SuPlate's total aggregate liability for any claim related to the Services or these Terms is limited to the greater of the fees you paid to SuPlate during the three months before the claim arose or USD $50.

To the maximum extent permitted by law, SuPlate will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, personal injury, property damage, lost goodwill, service interruption, data charges, or device costs, whether based in contract, tort, strict liability, negligence, warranty, or another legal theory.

12. Arbitration and No Class Actions

Please read this section carefully. Any dispute or claim relating to these Terms or the Services will be resolved through informal negotiation first and then, if not resolved, by binding individual arbitration or, where eligible, in small claims court. You and SuPlate waive the right to a jury trial and the right to participate in class, consolidated, representative, or collective actions, except where applicable law does not allow such waiver.

Before starting arbitration, the party raising a dispute must send a written notice describing the nature of the dispute, the basis for the claim, and the relief requested. Send notices to help@suplate.com. If the dispute is not resolved within 60 calendar days after notice is sent, either party may begin arbitration.

Unless the parties agree otherwise, arbitration will be administered by the American Arbitration Association under its applicable rules. The arbitrator has authority to decide issues relating to interpretation, applicability, enforceability, and scope of this arbitration agreement. AAA rules are available at www.adr.org.

You may opt out of this arbitration agreement within 30 days after first accepting these Terms by emailing help@suplate.com and stating that you opt out of the arbitration agreement in these Terms. Opting out of arbitration does not affect the rest of these Terms.

Either party may bring an eligible claim in small claims court. Nothing in this section limits either party from seeking temporary or emergency injunctive relief where legally available. This arbitration section survives termination of your account or use of the Services.

13. Your Content and Trademarks

You are responsible for Your Content and Your Trademarks. You represent that you have all rights needed to provide them to SuPlate and to grant the licenses described here.

You grant SuPlate a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable license to host, access, use, reproduce, modify, adapt, publish, translate, display, distribute, and create derivative works from Your Content and Your Trademarks as needed to operate, improve, promote, secure, troubleshoot, and support the Services.

We do not claim ownership of Your Content or Your Trademarks. This license allows us to display listings, resize images, show profile information, provide search and discovery, support marketplace communications, investigate issues, and promote or explain the Services. You understand that some User Content may be visible to other Users and may appear differently across devices or contexts.

We may remove, limit, or refuse User Content if we believe it violates these Terms, platform rules, law, another person's rights, safety expectations, or the integrity of SuPlate.

14. SuPlate Intellectual Property

SuPlate and its licensors own the Services Content, software, design, interfaces, trademarks, trade dress, and other intellectual property associated with the Services. These Terms do not transfer any ownership rights to you.

We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for their intended purpose. You may not copy, modify, reverse engineer, scrape, resell, commercially exploit, or misuse the Services or Services Content except as expressly permitted by these Terms or by law.

15. Prohibited Conduct

You may not use the Services to violate law, mislead Users, post false or deceptive information, interfere with platform operations, harass or threaten others, bypass security, manipulate reviews or referrals, create fraudulent accounts, harvest data, scrape content, or use Services Content for unauthorized commercial purposes.

You may not use SuPlate to sell, promote, or coordinate goods or services that are illegal, unsafe, prohibited by our policies, or outside the scope of the marketplace features we provide.

16. Copyright and DMCA

We respect intellectual property rights and expect Users to do the same. If you believe content available through SuPlate infringes your copyright, you may send a notice to help@suplate.com.

Your notice should include identification of the copyrighted work, identification of the allegedly infringing material and where it appears, your contact information, a statement that you have a good-faith belief the use is not authorized, a statement that the notice is accurate and that you are the owner or authorized to act for the owner, and your physical or electronic signature.

If your content was removed due to a copyright notice and you believe removal was a mistake, you may send a counter-notice with the information required by the Digital Millennium Copyright Act. We may suspend or terminate accounts of repeat infringers where appropriate.

17. Export Controls and Sanctions

You agree to comply with applicable U.S. and other trade, export-control, and sanctions laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in a restricted jurisdiction, and that you are not listed on any prohibited or restricted-party list.

18. Mobile App Store Terms

If you access SuPlate through an iOS or Android application, these Terms are between you and SuPlate, not Apple, Google, or any app store provider. App store providers are not responsible for the Services, support, maintenance, claims, warranties, or content, except as required by their own rules.

You must comply with applicable third-party terms when using the Services through a mobile application. Apple, Google, and their subsidiaries may be third-party beneficiaries of this section where required by their app store terms.

19. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by email, in-app notice, posting through the Services, or another reasonable method. Unless a different effective date is stated, updated Terms become effective when posted.

Your continued use of the Services after updated Terms become effective means you accept the updated Terms. If you do not agree, you must stop using the Services.

20. General Terms

These Terms, together with the Privacy Policy and any referenced policies, are the entire agreement between you and SuPlate regarding the Services and replace prior or contemporaneous agreements about the same subject.

If any part of these Terms is found invalid or unenforceable, the rest will remain in effect. Our failure to enforce a provision is not a waiver of our right to enforce it later. The words "including," "includes," and similar terms mean "without limitation."

21. Contact

Questions, notices, reports, opt-out requests, copyright notices, and other communications about these Terms may be sent to help@suplate.com.