Terms of Service

1. Who We Are

TuComidApp is operated by TuComidApp ("TuComidApp", "we", "us"). These Terms of Service are the agreement between you and us for your use of the app, the website, and everything we offer through them. Our Privacy Policy, which explains how we handle your personal information, forms part of this agreement.

These Terms are written in English and Spanish. The English version is the governing text; the Spanish version is provided so that you can read the agreement in your own language.

2. Acceptance of Terms

By accessing or using TuComidApp, you agree to be bound by these Terms of Service and all applicable laws and regulations of British Columbia and Canada. If you do not agree with any part of these terms, you must not use the app.

You confirm that you are at least 19 years of age, the age of majority in British Columbia. TuComidApp is not available to anyone below that age.

3. Nature of the Platform

TuComidApp is a marketplace and social platform that connects independent food sellers — cooks, chefs, caterers, cooking class hosts, venue and commercial kitchen operators, local producers, and event organizers — with buyers. TuComidApp is NOT a food retailer, restaurant, delivery service, or payment provider. We do not inspect, handle, prepare, or deliver any food, product, or service listed on the platform, and we are not a party to any agreement between users.

4. Orders and Payments

Orders placed through TuComidApp are informational. They are structured requests that help buyer and seller agree on the details of a transaction — items, quantities, dates, delivery or pickup method, and price — and keep a shared record of what was agreed.

TuComidApp does NOT process payments, hold funds, or act as a payment intermediary, and does not charge commissions on transactions between users. The payment method and timing are agreed directly between buyer and seller, outside the app. Prices shown in listings and order summaries are indicative amounts set by the seller and may be adjusted by mutual agreement, for example through the order's change proposals.

5. User Responsibilities and Food Safety

For sellers: you are solely responsible for compliance with all applicable local laws, including food safety regulations, labelling (including allergens), zoning, business licensing, and tax obligations in British Columbia or your local jurisdiction. In particular, you are responsible for holding any approval your regional health authority requires for the premises where you prepare food, and for the food-handler training that applies to your activity. You represent and warrant that everything you offer is accurately described, safe, and prepared in accordance with sanitary standards.

For buyers: TuComidApp verifies users' email addresses, but does not verify sellers' licenses, certifications, or kitchen conditions. You are responsible for your purchasing decisions, including checking ingredient and allergen information and asking the seller any questions before ordering.

6. Compliance Documentation

TuComidApp lets sellers optionally upload permits, certifications, and licences as protective documentation for their listings. These documents are seller declarations only — TuComidApp does not verify, validate, or guarantee their authenticity, and uploading a document is never a substitute for actually holding the required permit.

If a listing's category has no valid, current documentation on file, TuComidApp may keep that listing hidden from public view until such documentation is uploaded, and may re-hide it if the documentation expires. TuComidApp may also remove, hide, or restrict any listing or account at its discretion, including for missing, expired, or questionable compliance documentation, with or without prior notice.

7. User Content

TuComidApp includes social features: marketplace listings, posts, stories, comments, reviews, mentions, and direct messages. You retain ownership of the content you create. By posting content, you grant TuComidApp a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt for display, and distribute that content for the purpose of operating and promoting the platform — for example showing your listing in search results, in a feed, or in a recommendation.

That licence does not extend to using content that identifies you or another person in advertising campaigns outside the platform. If we ever want to do that, we will ask you separately and you are free to say no. The licence ends when you delete the content or your account, except for copies already shared with other users and for backups, which are removed on our ordinary cycle.

You are responsible for the content you publish. Reviews must reflect genuine experiences. We may moderate, restrict, or remove content that is unlawful, misleading, or in breach of these Terms, including content reported by other users.

8. Our Intellectual Property

The platform itself — the TuComidApp name and logo, the software, the design, the database structure, and everything we create — belongs to us or to our licensors, and is protected by copyright, trademark, and other laws. Nothing in these Terms transfers any of it to you.

You may use the platform as it is intended to be used. You may not copy, modify, reverse engineer, resell, or create derivative works from it, extract its data in bulk, or use our name or logo without our written permission.

9. Copyright Complaints

If you believe that content on TuComidApp infringes your copyright, send a notice to copyright@tucomidapp.com. Canada operates a "notice and notice" regime under the Copyright Act, and we follow it: when we receive a notice that meets the legal requirements, we forward it to the user responsible for the content and keep a record, as the law requires.

For a notice to be valid it must state your name and address, identify the work and your interest or right in it, identify the location of the content complained of, state the claimed infringement, and give the date and time it occurred. By law, a notice may not include an offer to settle, a demand for payment, or a request for personal information; we will not forward a notice that does.

If your content was removed and you believe that was a mistake, write to legal@tucomidapp.com and we will review it.

10. Prohibited Conduct

You agree not to use the platform to:

• Sell regulated products (such as alcohol or cannabis) without the permits required by law. TuComidApp does not validate permits and may remove such listings.
• Post fraudulent, misleading, or deceptive listings, reviews, or other content.
• Harass, threaten, discriminate against, or impersonate other users.
• Circumvent safety features, scrape data, or interfere with the operation of the platform.
• Use the platform for any unlawful purpose.

11. Moderation, Suspension and Termination

We provide reporting and blocking tools throughout the app. Our moderation team reviews reports and may remove content, restrict features, or suspend or terminate accounts that violate these Terms, with or without prior notice depending on the severity of the violation.

You can close your account at any time from Profile > Settings > Account management. Closing it does not cancel obligations you have already taken on with another user — an order you agreed to, or money you owe — and it does not remove records we are required to keep, which are described in our Privacy Policy.

The sections on user content licences already granted, our intellectual property, disclaimers and limitation of liability, indemnification, and governing law survive the end of this agreement.

12. Disclaimers and Limitation of Liability

The platform is provided as it is. We do not promise that it will always be available, error-free, or that any listing, seller, or buyer will meet your expectations.

Food and services. We do not prepare, inspect, handle, or deliver anything offered on the platform, and we do not verify sellers' permits or kitchen conditions. We are not liable for illness, injury, or damage arising from food or services arranged through the platform. Disputes about a transaction — payment, refunds, quality, or anything else — are between the buyer and the seller, and we are not a party to them, although we will help with the information we hold where we reasonably can.

Limit. Where we are liable to you despite the above, our total liability for all claims arising in any twelve-month period is limited to the greater of the amounts you paid us during that period and CAD $100. We are not liable for indirect, incidental, or consequential loss, or for lost profits or lost business.

What this does not limit. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be excluded by law. If you are a consumer in British Columbia, nothing here waives or limits any right you have under the Business Practices and Consumer Protection Act or other consumer protection legislation, and those rights apply regardless of anything in this section.

13. Indemnification

You agree to indemnify us against claims, losses, and reasonable legal costs brought by a third party and arising from your breach of these Terms, from content you post, or from your dealings with another user — including, for a seller, any claim relating to the food or services you provided.

This does not apply to the extent that the claim arises from our own act or omission, and we will tell you promptly about any claim we ask you to cover and give you a fair opportunity to take part in its defence.

14. Governing Law and Venue

These Terms are governed by the laws of British Columbia and the federal laws of Canada that apply in it, without regard to conflict-of-law rules. The courts of British Columbia have jurisdiction over any dispute arising from them, and you and we submit to that jurisdiction.

If you are a consumer resident in another Canadian province, nothing in this section prevents you from bringing a claim in the courts of your own province where the law of that province gives you that right.

15. General

Severability. If any part of these Terms is found to be unenforceable, that part is limited or removed to the minimum extent necessary and the rest stays in force.

Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the platform, and replace anything said or written before.

No waiver. If we do not enforce a right straight away, we do not lose it.

Assignment. You may not transfer your account or your rights under these Terms. We may transfer ours if the business is sold or reorganized, and will tell you if that happens.

Events beyond our control. We are not responsible for failures caused by events outside our reasonable control, such as network or hosting outages, natural disasters, or acts of government.

Notices. We contact you at the email address on your account, or through the app. You can reach us at the addresses in the Contact section.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will publish the new version in the app and ask you to review and accept it before continuing to use TuComidApp, and we will tell you what changed. If you do not accept them, you can close your account.

17. Contact

TuComidApp

General and legal questions: legal@tucomidapp.com. Privacy questions and requests: privacy@tucomidapp.com. Copyright notices: copyright@tucomidapp.com. Support: support@tucomidapp.com.