Terms of Service

Welcome to Mad Fresh Kitchen. These Terms of Service (“Terms”) govern your access to and use of the website and application at madfresh.app(the “Service”), operated by Mad Fresh Kitchen (“we,” “us,” or “our”), located in Tempe, Arizona.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1. Account Registration

To place orders and access certain features of the Service, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information as needed
• Keep your password secure and confidential — you are responsible for all activity under your account
• Notify us immediately at hello@madfresh.app if you suspect unauthorized access to your account

You must be at least 18 years old to create an account and use the Service.

2. Ordering & Pricing

All orders placed through the Service are subject to availability and acceptance. We reserve the right to:

• Refuse or cancel any order for any reason, including errors in pricing or product information
• Limit order quantities or restrict orders to certain geographic areas
• Modify menu items, pricing, and availability at any time without prior notice

Prices displayed on the Service are in U.S. dollars and are inclusive of applicable taxes unless otherwise noted. We strive to display accurate pricing, but errors may occur. If an error affects your order, we will notify you and provide the option to confirm or cancel the order at the corrected price.

3. Order Cancellation

Because our meals are freshly prepared, cancellation options depend on timing:

• Before preparation begins: Orders may be cancelled for a full refund
• After preparation has started: Orders cannot be cancelled or refunded, as ingredients have already been allocated and cooking has begun

The cutoff for order modifications and cancellations will be clearly communicated during the ordering process. If you need to cancel, please contact us as soon as possible at hello@madfresh.app.

4. Delivery Terms & Service Area

We currently deliver within the greater Tempe and Phoenix metropolitan area. Delivery availability, windows, and fees are displayed during the checkout process and may vary based on your location.

• You are responsible for providing an accurate delivery address and being available to receive your order
• Delivery times are estimates and are not guaranteed; delays may occur due to traffic, weather, or other factors outside our control
• If a delivery cannot be completed due to an incorrect address or unavailability, a redelivery fee may apply
• Local pickup is also available at our Tempe kitchen during posted hours

5. Subscriptions

We may offer subscription-based meal plans. If you subscribe:

• No lock-in: Subscriptions can be cancelled at any time through your account settings or by contacting us
• Cancellation takes effect at the end of your current billing cycle — you will continue to receive meals through the end of the period you have already paid for
• We may change subscription pricing with at least fourteen (14) days' notice before your next billing cycle
• You may pause your subscription for up to four (4) consecutive weeks without losing your plan pricing

6. Payment Processing

All payments are processed securely through Stripe. By providing payment information, you represent that you are authorized to use the payment method and authorize us to charge it for your orders.

• We do not store your full credit card number on our servers
• Payment is collected at the time of order or at the start of each subscription billing cycle
• If a payment fails, we may attempt to reprocess it or contact you to update your payment method

7. Refund Policy

We want you to be satisfied with every meal. Our refund policy is as follows:

• Quality issues: If you receive a meal that is damaged, spoiled, or significantly different from what was described, contact us within 24 hours of delivery with a photo. We will issue a full refund or replacement at our discretion.
• Missing items: If items are missing from your order, contact us within 24 hours and we will arrange a refund or credit for the missing items.
• Taste preference: Because food is perishable and prepared to order, we generally do not offer refunds based on personal taste preference.

All refund requests should be directed to hello@madfresh.app. Refunds are processed back to the original payment method within five to ten (5–10) business days.

8. Intellectual Property

All content on the Service — including but not limited to text, graphics, logos, images, recipes, photography, software, and design — is the property of Mad Fresh Kitchen or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, reproduce, distribute, or create derivative works from any content on the Service without our written permission
• Use our trademarks, logos, or branding without prior written consent
• Scrape, crawl, or use automated tools to extract content from the Service

9. User Conduct

When using the Service, you agree not to:

• Violate any applicable local, state, or federal law
• Use the Service for any fraudulent or unlawful purpose
• Interfere with or disrupt the operation of the Service or its servers
• Attempt to gain unauthorized access to any part of the Service or other user accounts
• Submit false or misleading information, including fraudulent orders
• Harass, abuse, or harm Mad Fresh Kitchen staff, delivery partners, or other users

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAD FRESH KITCHEN AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The Service is provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the Service, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

11. Allergen & Health Disclaimer

Our meals are prepared in a kitchen that handles common allergens, including but not limited to nuts, dairy, eggs, wheat, soy, and shellfish. While we take precautions to prevent cross-contamination, we cannot guarantee that any item is completely free of allergens.

Nutritional information and allergen labels are provided for informational purposes only and may vary. If you have severe food allergies or medical dietary requirements, please consult your healthcare provider before ordering. Mad Fresh Kitchen is not responsible for adverse reactions resulting from allergen cross-contact.

12. Dispute Resolution

If a dispute arises between you and Mad Fresh Kitchen, we encourage you to contact us first at hello@madfresh.app so we can attempt to resolve it informally.

If informal resolution is not successful, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered in Maricopa County, Arizona, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. Termination

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

You may close your account at any time by contacting us at hello@madfresh.app or through your account settings. Upon termination, your right to use the Service ceases immediately. Any pending orders at the time of termination will be fulfilled or refunded at our discretion.

14. Changes to These Terms

We may revise these Terms at any time by posting the updated version on the Service. The “Last updated” date at the top of this page indicates when the Terms were last revised. For material changes, we will provide notice via email or a prominent notice on the Service at least fourteen (14) days before the changes take effect.

Your continued use of the Service after any changes constitutes your acceptance of the revised Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms remain in full force and effect.

17. Contact Us

If you have questions about these Terms of Service, please contact us: