BOGO Kitchen — Terms of Use

DRAFT - attorney review required. Terms version 2026-10-13-draft1. Not legal advice. Not for publication until reviewed. Fill every [bracket]. Based on bogo-kitchen-apps/launch/website/terms.html (DRAFT v0.1.12) and launch/compliance/TERMS_PRICING_ALIGNMENT.md; pricing updated to PRICING_TIERS_V2 FINAL (Oct 13, 2026).

Effective date: [Month Day, Year] · Operator: Joshua Radcliffe (owner; legal entity name to be added if one is formed), Jacksonville, Florida ("BOGO Kitchen", "we").

1. Agreement

By using the BOGO Kitchen web app or mobile apps (the "Service") you agree to these Terms and our Privacy Policy (draft). If you don't agree, don't use the Service. We will ask you to accept again when this version changes.

2. Independent app. No retailer affiliation unless stated

BOGO Kitchen is independent. It is not affiliated with, endorsed by, sponsored by, or approved by Publix Super Markets, Inc., Winn-Dixie, Southeastern Grocers, or any other retailer unless we say so in writing for a specific feature. Store names are trademarks of their owners and are used only to identify a store.

Editions (v17.1). BOGO Kitchen comes in two editions built from the same app: a Publix edition (green) and a Winn-Dixie edition (red). The Publix edition is not affiliated with, endorsed by, sponsored by or approved by Publix Super Markets, Inc. The Winn-Dixie edition is not affiliated with, endorsed by, sponsored by or approved by Winn-Dixie or its owners. Store names are used only to say which shoppers an edition is for. Neither edition uses retailer logos, trademarks as branding, or retailer data; deals are SAMPLE or entered by the owner.

3. Eligibility, ages and kid profiles

You must be 13 or older to use the Service, and 18+ (or the age of majority) to buy a subscription or create a Household. The Service is not directed to children under 13. Children under 13 may use the Service only through a kid profile created by a parent or legal guardian inside that parent's Household account, with verifiable parental consent. Kid profiles have no purchases, no ads, no free-text sharing and no location features. [Attorney: confirm COPPA consent mechanism.]

4. Plans, trial, auto-renewal and cancellation

• 30-day free All Access trial, no card required. When it ends you return to Free unless you buy a plan. Nothing is charged automatically after a no-card trial.
• Intro and win-back offers (Plus $0.99 first month; Household $6.99/mo × 2; All Access $12.99/mo × 2; All Access 40% off first month) are proposed and appear only if the owner approves them. One intro per account and household; no stacking with annual pricing.
• Automatic renewal. Paid plans renew automatically every month or year at the then-current price until you cancel. Before you buy we show the price, billing frequency, that it renews automatically, and how to cancel, and we get your express consent. We send a receipt with these terms and how to cancel. [Attorney: confirm Florida automatic-renewal requirements, e.g. Fla. Stat. § 501.165, including any advance renewal notice for longer terms.]
• Cancel online, as easily as you signed up: Account → Plans → Cancel, or [link]. Cancellation takes effect at the end of the current period; you keep access until then. App-store subscriptions are cancelled in that store. [Attorney: the FTC "Click-to-Cancel" amendments to the Negative Option Rule were vacated by the 8th Circuit in July 2025; confirm current FTC/ROSCA requirements and keep a simple online cancel path regardless.]
• Upgrades are prorated and keep your data and settings. Downgrades take effect at period end; features become read-only and no data is deleted.
• Refunds: [per support/REFUND_POLICY.md, e.g. yearly within [14] days]. Payments by Stripe (web) or the app store.

5. Food safety, allergens and kitchen safety

• Allergens: recipes list common allergens where we know them, but lists may be incomplete and products change. Always read the labels of the products you buy. If you or someone you cook for has an allergy, you are responsible for checking every ingredient.
• Safe internal temperatures (USDA, use a food thermometer): poultry 165 °F; ground beef, pork, lamb, veal 160 °F; beef, pork, veal, lamb steaks, chops and roasts 145 °F with a 3-minute rest; fish 145 °F; egg dishes 160 °F; leftovers and casseroles 165 °F.
• Knives, heat and kids: cooking involves sharp tools, hot surfaces, boiling liquids and open flame. Children must cook only with an adult supervising; an adult handles knives, the stove and the oven. Game and kid modes are for fun and do not make any task safe without supervision.
• Freshness windows are typical estimates (from USDA FoodKeeper data), not guarantees. Always check the food: look, smell, package dates. When in doubt, throw it out.
• No medical or nutrition advice. Recipes, nutrition notes and suggestions are general information, not medical, dietary or nutrition advice. Talk to a qualified professional about your needs.

6. Deals, prices and availability

Deal rows are SAMPLE data or entered by you or the store owner; we don't scrape retailer sites. Prices, availability, limits and deal terms are set by the store and may vary by store and day. Always check the shelf tag and receipt. Savings shown are based only on deal data present in the app.

7. Sponsored content

Any paid placement is labeled "Sponsored" (or "Ad") at the point it appears. Sponsored recipes and products are never shown as ordinary rankings. Kid profiles see no sponsored content.

8. Scanning and recognition

Pantry and photo recognition runs on your device by default and can be wrong or miss items. Check results before you rely on them. If you turn on cloud recognition (when available), a reduced copy of the photo is sent to our server only when your device can't recognize the item, and is not stored.

9. Your content

You keep ownership of content you add (lists, deal entries, ratings, photos, notes). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process and display it only to operate and improve the Service for you (and your Household if you share). You confirm you have the right to add it and it isn't unlawful. You can delete it at any time. [Attorney: confirm scope for aggregated/de-identified analytics.]

10. Acceptable use

No scraping, reverse engineering, abuse of offers (duplicate accounts, self-referrals), or unlawful use.

11. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. We don't warrant that recipes, deals, freshness estimates, recognition results or allergen lists are accurate or complete.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BOGO KITCHEN IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND OUR TOTAL LIABILITY IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US$[50]. Some laws don't allow these limits, so they may not apply to you.

13. Indemnity

You agree to defend and indemnify BOGO Kitchen against claims arising from your content, your misuse of the Service, or your violation of these Terms, to the extent permitted by law.

14. Disputes: arbitration and class-action waiver — ATTORNEY DECISION REQUIRED

[Option A, if the attorney recommends it:] Disputes will be resolved by individual binding arbitration under the [AAA Consumer Arbitration Rules], except small-claims matters and IP claims; you and we waive any right to a jury trial or to take part in a class or representative action; you may opt out within 30 days of first accepting by emailing [contact]. [Option B:] No arbitration; disputes go to the courts below. Do not publish either option until the attorney decides.

15. Governing law

These Terms are governed by the laws of the State of Florida (without regard to conflict-of-laws rules) and applicable U.S. federal law. Subject to §14, venue is the state or federal courts in [Duval County], Florida.

16. Changes

We may update these Terms. When the version changes we'll show the new Terms and ask you to accept before you continue; material changes to paid plans also get [email] notice.

17. Contact

[Legal entity name], [street address], Jacksonville, FL [ZIP] · [support email — domain PENDING owner decision] · [phone, optional]