Terms of Service

Acceptance of Terms

By accessing and using the HWIH (Have What I'm Having) mobile application and website, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

Important: These Terms include a dispute resolution section that contains an arbitration agreement and class action waiver.

Platform-Only Disclaimer

Any food sharing, exchange, pickup, or consumption is undertaken solely at your own discretion and risk, and occurs only between users.

Description of Service

HWIH is a technology platform that helps community members connect and coordinate the sharing of home-cooked meals with each other. The service allows users to:

• Create and join food sharing groups
• Share photos and details of home-cooked meals
• Claim and coordinate pickup of shared meals
• Communicate with other group members
• Receive notifications about meal sharing activities

User Account and Registration

Account Creation

To use HWIH, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Eligibility

You must be at least 13 years old to use HWIH. If you are under 18, you must have permission from a parent or guardian to use the service.

Account Termination

You may delete your account at any time. We reserve the right to suspend or terminate accounts that violate these terms or engage in harmful behavior.

SMS Messaging Terms

Message Types

With your consent, you may receive SMS messages including:

• Group invitations and welcome messages
• Meal sharing notifications
• App download links
• Account security notifications
• Service updates and announcements

Message Frequency and Charges

Message frequency varies based on your activity and group participation. Standard message and data rates may apply according to your mobile carrier's plan. HWIH does not charge for SMS messages, but your carrier may.

Opt-Out and Support

You can opt out of SMS messages at any time by:

• Replying STOP to any SMS from HWIH
• Updating your preferences in the app
• Contacting our support team

For SMS support, reply HELP to any message or contact us directly.

User Conduct and Content

Acceptable Use

You agree to use HWIH only for lawful purposes and in accordance with these terms. You will not:

• Share content that is illegal, harmful, or offensive
• Impersonate others or provide false information
• Spam or harass other users
• Attempt to gain unauthorized access to the service
• Use the service for commercial purposes without permission
• Share meals that are unsafe or expired

Content Ownership

You retain ownership of the content you post on HWIH (such as meal descriptions, photos, messages, and other materials) (“User Content”). However, in order to operate and improve the service, you grant HWIH a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, use, reproduce, modify, create derivative works from, publish, display, distribute, and communicate your User Content solely in connection with providing, securing, promoting, and improving the service.

You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate any law or the rights of any third party.

Food Safety

Users are responsible for ensuring that any food they share is safe, properly prepared, and suitable for consumption. HWIH is not responsible for food safety, quality, or any health issues that may arise from shared meals.

• Allergens and dietary restrictions: If you share food, you must accurately disclose known ingredients and common allergens to the best of your knowledge. If you claim food, you are responsible for confirming ingredients and assessing your own dietary needs.
• No inspections: HWIH does not inspect home kitchens, food handling, storage, temperatures, expiration dates, or sanitation.
• Local laws: You are solely responsible for compliance with all applicable laws and regulations, including any rules related to home-prepared foods, community meals, pickup logistics, and health/safety requirements.

Assumption of Risk

You understand that consuming food prepared by others carries inherent risks, including but not limited to foodborne illness, allergic reactions, contamination, choking hazards, and other injuries. You voluntarily assume all risks (known and unknown) arising from any meal or interaction arranged through the service.

User-to-User Interactions and Release

The service enables you to communicate and coordinate with other users. We are not responsible for, and do not control, user conduct on or off the platform.

To the fullest extent permitted by law, you release HWIH and its operators from any and all claims, demands, losses, liabilities, and damages of every kind and nature (whether known or unknown) arising out of or in any way connected with disputes between you and other users.

Privacy and Data Protection

Your privacy is important to us. Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these terms by reference. By using HWIH, you consent to the collection and use of your information as described in the Privacy Policy.

Intellectual Property

The HWIH service, including its design, functionality, and content, is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works of the service without our permission.

Disclaimers and Limitations

Service Availability

HWIH is provided "as is" without warranties of any kind. We do not guarantee that the service will be available, error-free, or secure at all times. We may modify or discontinue the service at any time.

No Warranties

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the service or any content will be accurate, complete, reliable, or safe.

User Interactions

HWIH facilitates connections between users but is not responsible for the actions, conduct, or safety of users. You interact with other users at your own risk.

Limitation of Liability

To the fullest extent permitted by law, in no event will HWIH or its operators be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, goodwill, or other intangible losses, arising from or related to your use of (or inability to use) the service.

To the fullest extent permitted by law, our total liability for any claim arising out of or related to the service will not exceed $100 USD.

Time Limit on Claims

To the fullest extent permitted by law, any claim arising out of or related to the service must be brought within one (1) year after the claim arose, otherwise it is permanently barred.

Indemnification

You agree to indemnify, defend, and hold harmless HWIH and its operators, contractors, licensors, and service providers from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the service; (b) your User Content; (c) your food sharing activities; (d) your violation of these Terms; or (e) your violation of any law or the rights of any third party.

Dispute Resolution, Arbitration, and Class Action Waiver

Informal Resolution

Before filing a claim, you agree to try to resolve disputes informally by contacting us at legal@hwihapp.com and providing a brief description of the issue.

Binding Arbitration

Except for disputes that qualify for small claims court, you and HWIH agree that any dispute, claim, or controversy arising out of or relating to these Terms or the service will be resolved by binding, individual arbitration and not in court.

Unless otherwise required by law, the arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration may be conducted by videoconference, telephone, or written submissions, rather than in person, unless the arbitrator determines an in-person hearing is necessary.

Opt-Out

You may opt out of the arbitration agreement and class action waiver by sending an email to legal@hwihapp.com within 30 days of first accepting these Terms, with the subject line “Arbitration Opt-Out” and your name and the email address associated with your account. If you opt out, you will not be bound by the arbitration agreement.

Class Action Waiver

You and HWIH agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Small Claims

Either party may bring a claim in small claims court in the county of your residence or another appropriate location, provided the claim qualifies.

Severability

If any portion of this arbitration agreement is found to be unenforceable, the unenforceable portion will be severed and the remainder will be enforced.

Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. If the arbitration agreement above is found unenforceable for a particular claim, that claim will be resolved exclusively in the state or federal courts located in Massachusetts, and you consent to personal jurisdiction in those courts.

App Store / Third-Party Terms

If you download the App from Apple’s App Store or Google Play, you acknowledge that:

• These Terms are between you and HWIH, not Apple or Google.
• Apple and Google are not responsible for the App, its content, or any claims, damages, liabilities, losses, or costs related to the App.
• To the extent Apple is required to provide a refund for the App (if applicable), Apple is solely responsible for that obligation; HWIH has no other warranty obligations to you.
• Apple and Google are third-party beneficiaries of these Terms to the extent applicable, and upon your acceptance of these Terms, they have the right (and will be deemed to have accepted the right) to enforce these Terms against you.

Miscellaneous

No Agency

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and HWIH. You may not make any representations or commitments on behalf of HWIH.

Electronic Communications

By using the service, you consent to receive communications from us electronically (for example, through the App, email, or SMS if you have opted in). You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.

Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be severed and will not affect the validity and enforceability of the remaining provisions.

No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Entire Agreement

These Terms, together with any policies referenced in these Terms (including the Privacy Policy), constitute the entire agreement between you and HWIH regarding the service and supersede any prior agreements or understandings.

Changes to Terms

We may update these Terms of Service from time to time. We will notify you of material changes by posting the updated terms on our website and updating the "Last updated" date. Your continued use of the service constitutes acceptance of the updated terms.

Contact Information

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