’Lita's Kitchen Terms of Service

1. The marketplace and the parties

’Lita's Kitchen is a technology platform that connects home cooks (“’Litas”) with buyers. The ’Lita is the registered cottage food vendor and the seller and preparer of the food. Kingbird is a marketplace facilitator and is not the seller, preparer, or handler of any food.

2. Home kitchen disclosure

Food sold here is made in a private home kitchen that is not inspected by a health department, in a space that may also process common food allergens. When you place an order you acknowledge and accept this.

3. The ’Lita's responsibilities

As the registered cottage food vendor, the ’Lita is solely and fully responsible for the food she prepares, sells, labels, and delivers, and for complying with all laws that apply to her business, including the Arizona cottage food program. She confirms that:

• She is registered with the Arizona cottage food program and holds a current food handler card.
• She uses meat or poultry only from USDA-inspected sources. Store-bought qualifies.
• She prepares food in her own residential home kitchen and labels every item as the law requires.
• She declares allergens accurately and follows safe food handling.
• She obtains any insurance, permits, and registrations her business requires, and pays her own taxes.

4. Allergens and food safety

Each item lists its declared allergens. If you have a food allergy or sensitivity you order at your own risk and should ask the ’Lita before ordering. Food safety concerns can be reported through the health department link printed on every label.

5. Orders, payments, and fees

You pay when you place your order, through our payment processor (Stripe). The total includes the ’Lita prices, a service fee, and any delivery fee. Kingbird retains a platform fee and remits the remainder to the ’Lita. If a ’Lita declines or cancels your order, you are refunded in full automatically. For any other issue during this pilot, contact us at chris@kingbirdsolutions.com and we will resolve refunds case by case.

6. Pickup and delivery

Pickup is available from the ’Lita after she accepts your order. Delivery, when offered, is performed in person by the ’Lita or a person she designates. The platform does not provide third-party courier delivery.

7. The ’Lita's independent status

Each ’Lita is an independent business, not an employee or agent of Kingbird. She sets her own menu, prices, hours, and delivery area, and is responsible for her own taxes.

8. Responsibility, indemnification, and limitation of liability

’Lita's Kitchen operates under Arizona's cottage food law (HB 2042). The ’Lita, as the registered cottage food vendor, is solely responsible and liable for the food she prepares, sells, labels, and delivers, including its safety and any illness, injury, or loss arising from it. To the fullest extent permitted by law, the ’Lita assumes all such liability and agrees to indemnify, defend, and hold harmless Kingbird and its owners, employees, and affiliates from any claim, loss, or expense arising out of the food she prepares, sells, or delivers, or her failure to comply with applicable law.

Kingbird is a neutral marketplace facilitator that does not prepare, handle, store, inspect, or deliver any food, and to the fullest extent permitted by law is not responsible or liable for food prepared or sold by a ’Lita. By placing an order, the buyer acknowledges that the ’Lita, not Kingbird, is the seller and preparer of the food and is the responsible party. Nothing in these terms limits any liability that cannot be limited under applicable law.

9. Arbitration and governing law

These terms are governed by Arizona law. Disputes are resolved by binding arbitration in Maricopa County, Arizona, except where prohibited by law.

10. Changes and contact

We may update these terms and will post the new date above. Questions: chris@kingbirdsolutions.com.