Terms of Service

Octoflow is a technology platform. It lets a workplace or community organise a weekly bulk food delivery from an independent local kitchen, lets members of that community order and pay for their own meals, and passes the resulting counts and payments to the kitchen.

The contract to supply food is between you and the Kitchen. Octoflow is not a party to it. We facilitate ordering and payment; we do not guarantee, endorse, warrant or assume responsibility for any food, any Kitchen, or anything a Kitchen says about its food.

We also do not verify a Kitchen’s licences, permits, inspection results, insurance, food-handler certifications or compliance with any food code or law. A Kitchen’s presence on the Service is not a statement that we have checked any of these.

This section is the most important one in these Terms. Read it in full before you order.

Specifically, and without limiting the above:

• We do not check any of it. Allergen declarations, calorie counts, dish names, descriptions and images are entered into a form by the Kitchen. We do not test, audit, sample, inspect or independently confirm them, and we have no way of knowing whether they are accurate or current.
• A declaration covers nine allergens, not every ingredient. Where allergens are shown, they are drawn from the nine major food allergens recognised in the United States: milk, egg, fish, shellfish, tree nuts, peanuts, wheat, soy and sesame. Nothing on the Service is a complete ingredient list. Foods you react to that are not on that list will not be flagged at all.
• Silence is not an answer. A dish with no allergen information is a dish whose Kitchen has not filled the field in. It is not a statement that the dish is free of anything. The Service shows “no major allergens” only where a Kitchen has positively declared it, and that declaration is the Kitchen’s, not ours.
• Cross-contact cannot be ruled out. Meals are prepared in shared commercial kitchens that handle all of the allergens above. No declaration, however accurate about a recipe, can exclude cross-contact during storage, preparation, cooking, packing or transport. Assume it is possible for every dish.
• We do not filter by allergen, deliberately. The Service will not hide or exclude dishes based on allergen data, because doing so would present unverified information as a safety control. Any filtering, sorting or searching you do yourself is subject to everything in this section.

You are responsible for deciding what is safe for you to eat. If a dish matters to your health, contact the Kitchen before ordering. To the fullest extent permitted by law, we disclaim all liability arising from allergen, ingredient or nutrition information supplied by a Kitchen, including where that information is incomplete, out of date or wrong.

We make no representation or warranty about the safety, quality, freshness, wholesomeness, temperature, hygiene, provenance, preparation or handling of any food ordered through the Service, or about a Kitchen’s compliance with any health, sanitation, labelling or licensing requirement.

Any claim relating to food quality, food safety, allergens, contamination, illness or injury lies against the Kitchen that prepared the food, and not against Octoflow. We will, on request, tell you which Kitchen prepared a given order and pass a complaint on, but doing so is a courtesy and does not make us responsible for the outcome.

If you believe you have become ill or been injured, seek medical attention first, then tell us at hello@octoflow.club so we can notify the Kitchen and your community.

You must be at least 18 years old and able to form a binding contract to use the Service. The Service is offered only in the United States.

Accounts are created by signing in with a third-party identity provider. You are responsible for keeping access to that account secure and for everything done through it. Tell us promptly at hello@octoflow.club if you believe it has been used without your permission.

The information you give us must be accurate, and you must keep it current — in particular, an email address we can reach you at. Receipts, order confirmations and notices about the Service go there.

Membership is by invitation to a community — typically the workplace or coworking space you belong to. A community is administered by one or more people at that organisation (each a “Community Administrator”), who choose which Kitchens to book, for which weeks, and who may invite or remove members.

Octoflow does not control a Community Administrator and is not responsible for their decisions, including a decision to remove you from a community, to cancel a week, or to change Kitchens. If your membership ends, orders you have already paid for are handled under Section 8.

The Service runs on a fixed weekly cycle:

• Tuesday to Saturday — members place orders for the following week’s delivery.
• Saturday at 23:59, in the Kitchen’s local time zone — the ordering deadline. This is the cutoff referred to throughout these Terms.
• Sunday — the count is final and goes to the Kitchen, which buys and prepares against it.
• Monday — the delivery.

Placing an order is an offer to buy the meals it names for the week it names. Delivery depends on the Kitchen and the community both going ahead with the week. If a week is cancelled, Section 8 applies.

Prices are set by the Kitchen and shown before you pay. The total at checkout is what you are charged: the food, any applicable tax, card processing, and any platform service fee shown as a separate line. Where a fee line is not shown, it is not being charged.

Payments are processed by Stripe, Inc. Card details are entered directly with Stripe and are never received or stored by Octoflow. Your use of the payment flow is also subject to Stripe’s own terms and privacy policy. We are not responsible for a failure, decline, delay or error originating with Stripe, your bank or your card issuer.

You represent that you are authorised to use the payment method you provide. If a payment is reversed, charged back or otherwise fails after an order is confirmed, we may cancel the order and may suspend your account until it is resolved.

Money paid for food is passed to the Kitchen after delivery, less any fee disclosed at checkout.

This follows from Section 6: your money buys a count that a Kitchen has already spent on ingredients. All sales are final once the Saturday deadline passes.

Discretionary refunds. We may, entirely at our own discretion, issue a full or partial refund on a case-by-case basis — for example where a delivery did not arrive, where a Kitchen or a community cancelled a week you had already paid for, or where something plainly went wrong. To ask, email hello@octoflow.club within 7 days of the delivery date, describing the order and what happened.

Asking for a refund is not a right to one. Granting one in a particular case does not create an entitlement, a precedent, or an obligation to grant another, and does not waive anything in these Terms. Where we do refund, we refund to the original payment method; card processing costs are not always recoverable and a refund may therefore be net of them, which we will tell you before issuing it.

Before you dispute a charge with your bank, contact us. A chargeback raised without giving us a chance to look at the order costs more to resolve than the order is worth, and we may suspend an account while one is outstanding.

If a Kitchen or a community cancels a scheduled week before delivery, we will refund orders paid for that week. This is the one case in which a refund is not discretionary.

Deliveries are made in bulk to the community’s address at a scheduled time, not to you individually. There is no delivery to a home, a desk or a person.

Delivery times are estimates. Kitchens run late, and a late or missed delivery is handled under Section 8.

This section applies in addition to the rest of these Terms if you list, operate or manage a Kitchen on the Service.

• You are an independent contractor. Nothing here creates employment, agency, partnership, franchise or joint venture between you and Octoflow. You control your own premises, staff, menu, recipes, pricing, hours and methods.
• You are solely responsible for the food. That includes its safety, preparation, handling, storage, packaging, labelling and delivery, and compliance with every applicable food-safety, health, sanitation, licensing, employment and tax law.
• Your declarations must be accurate. You warrant that allergen, ingredient, nutrition and dish information you enter is true, complete and current, and that you will correct it promptly when a recipe changes. You acknowledge that members rely on it and that Octoflow does not check it.
• Licences and insurance. You warrant that you hold every permit, licence and registration required to prepare and sell food where you operate, and you agree to carry commercial general liability insurance appropriate to a food business.
• Payouts run through Stripe Connect. You must complete Stripe’s onboarding and are bound by the Stripe Connected Account Agreement, which Stripe presents to you directly. Payouts are made on the schedule shown in the Service after a delivery, are subject to Stripe’s own timing and verification requirements, and may be withheld where an order is disputed or a legal obligation requires it.
• You indemnify us. Section 17 applies in full to Kitchens, and specifically to claims arising from food you prepared or information you declared.

You agree not to:

• use the Service for anything unlawful, or to harass, defraud or endanger anyone;
• order on behalf of someone else without their knowledge, or resell meals ordered through the Service;
• access, scrape, probe or interfere with the Service, its infrastructure, or any account, community or Kitchen you have not been given access to;
• upload anything false, misleading, infringing, or that misrepresents food, allergens or a business;
• circumvent any fee, deadline, limit or access control in the Service.

We may suspend or terminate access for a breach of this section without notice, and Section 19 governs what happens next.

The Service, and everything in it other than user content — its software, design, text and marks — belongs to Octoflow and is protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service for its intended purpose, and nothing more.

Content you submit — dish names, descriptions, photographs, logos, community details — remains yours. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt and display it for the purpose of operating and promoting the Service. You warrant that you have the rights to grant that licence.

We may remove content that we believe breaches these Terms or the law, without being obliged to monitor for it.

The Service depends on third parties, including Stripe for payments, an identity provider for sign-in, and mapping and email providers. Their availability, accuracy and conduct are outside our control, and we are not liable for their acts or omissions. Where you interact with one directly, its own terms apply. The Privacy Policy lists the providers that handle personal information.

We may change, suspend or discontinue any part of the Service at any time, including menus, communities, Kitchens, features and the weekly cadence. We do not promise the Service will be uninterrupted, timely, secure or error-free, and we are not liable for downtime, data loss, or an order that fails because the Service was unavailable — beyond our obligation under Section 8 to refund a week that does not happen.

Some jurisdictions do not allow the exclusion of certain warranties. Where that applies to you, the exclusions above apply to the maximum extent permitted and nothing in these Terms limits a right you cannot legally waive.

These limits apply to every claim, including claims relating to food, allergens, ingredients, illness or injury, and they apply even if a limited remedy is found to have failed of its essential purpose. They reflect a deliberate allocation of risk between us and are part of the basis on which the Service is offered at the prices it is.

Some jurisdictions do not allow the exclusion or limitation of certain damages — including, in some places, liability for death or personal injury caused by negligence, or for fraud. Where that applies to you, our liability is limited to the maximum extent permitted by law instead of excluded.

You agree to indemnify, defend and hold harmless Octoflow and its officers, members, employees, contractors and agents from any claim, demand, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or relating to: your use of the Service; your breach of these Terms or of any law; content or information you submitted, including allergen, ingredient and nutrition declarations; and — if you operate a Kitchen — any food you prepared, handled, packaged or delivered.

We may assume the exclusive defence and control of any matter subject to this section, at your expense, and you agree to cooperate with it.

18.1 Talk to us first. Before starting arbitration, send a written notice of dispute to hello@octoflow.club describing the claim and the relief you want. We will do the same for a claim against you. If it is not resolved within 60 days, either of us may begin arbitration.

18.2 Arbitration. Except as stated in 18.3, any dispute arising out of or relating to the Service or these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, seated in Miami-Dade County, Florida, or — at your election — by telephone, by video, or on written submissions. The arbitrator decides all issues except that a court decides whether 18.3 applies and whether the class waiver in 18.5 is enforceable. Judgment on the award may be entered in any court of competent jurisdiction. This section is governed by the Federal Arbitration Act.

18.3 What is not arbitrated. Either of us may bring an individual claim in small claims court if it qualifies, and either of us may seek injunctive relief in court to stop infringement or misuse of intellectual property.

18.4 How to opt out. You may reject this arbitration agreement by sending written notice to hello@octoflow.club within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out affects nothing else in these Terms, and we will not treat it as a reason to close your account.

18.5 Class action waiver. ARBITRATION AND ANY COURT PROCEEDING PERMITTED BY 18.3 WILL BE ON AN INDIVIDUAL BASIS ONLY. NEITHER OF US MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. If this paragraph is found unenforceable as to a particular claim, that claim — and only that claim — is severed from arbitration and goes to the courts named in Section 20.

18.6 One year to bring a claim. Any claim arising out of or relating to the Service or these Terms must be brought within one year after it arose, or it is permanently barred, to the extent the law allows that period to be shortened by agreement.

You may stop using the Service and ask us to close your account at any time by emailing hello@octoflow.club. We may suspend or terminate your access at any time, with or without notice, including for a breach of these Terms or where required by law.

Termination does not entitle you to a refund of an order already placed; Section 8 governs that. Sections 1, 2, 3, 8, 12, 15, 16, 17, 18 and 20 survive termination.

Governing law and venue. These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Where Section 18 does not require arbitration, the state and federal courts located in Miami-Dade County, Florida have exclusive jurisdiction, and both of us consent to venue there.

Changes to these Terms. We may update these Terms. When we do, we will change the effective date at the top of this page and, for a material change, give notice in the Service or by email before it takes effect. Continuing to use the Service after that means you accept the updated Terms; if you do not, stop using the Service. A change does not apply retroactively to a dispute already notified under Section 18.1.

Entire agreement, severability, waiver. These Terms and the Privacy Policy are the entire agreement between us about the Service and replace anything said before. If a provision is held unenforceable, it is limited or severed to the minimum extent necessary and the rest remains in force. Our failure to enforce a provision is not a waiver of it.

Assignment and notices. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. Notices to you go to the email address on your account; notices to us go to hello@octoflow.club.

Force majeure. Neither of us is liable for a failure to perform caused by something outside our reasonable control, including a Kitchen’s closure, a supply failure, severe weather, a utility or network outage, or a public health order.

Questions about these Terms, a refund request under Section 8, a notice under Section 18.1, or an arbitration opt-out under Section 18.4 all go to hello@octoflow.club.