Terms of Service

Hearth is operated by Hearthmade ("Hearth," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Hearth website, mobile experiences, and related services (collectively, the "Platform").

Hearth is a technology platform that helps neighbors discover independent home-based artisans and backyard growers in their area, reserve pickup windows, and pay through our checkout tools. We are building one neighborhood marketplace at a time.

By creating an account, checking the acceptance box at signup, or using the Platform, you agree to these Terms and to our Privacy Policy at /privacy. If you do not agree, do not use the Platform.

Hearth is an intermediary platform. We are not a retailer, grocer, restaurant, food handler, manufacturer, employer, agent, or insurer for any user.

Every order on Hearth is a direct, peer-to-peer contract between the buyer ("Neighbor") and the independent seller ("Artisan" or "Studio"). Hearth does not take title to goods, does not prepare food, does not package orders, and does not guarantee the quality, safety, legality, or fitness of any item offered.

Artisans alone are responsible for what they list, how they price it, how they prepare or grow it, permit compliance, labeling, allergen disclosures they choose to provide, and the in-person handoff.

Hearth may provide permit upload tools, checkout, maps, messaging for order coordination, and trust signals. Those features do not convert Hearth into the seller of record.

When you buy through Hearth, you are purchasing from the Artisan identified at checkout, not from Hearth. Prices, pickup windows, batch availability, and item descriptions are set by the Artisan.

Pickup is at the Artisan's designated pickup area unless the listing clearly states otherwise. You are responsible for arriving during the agreed window, presenting any pickup code shown in the app, and inspecting your order at handoff.

Hearth may cancel or refund orders when a batch is cancelled, payment fails, or we detect fraud or policy violations, as described in these Terms and in order status messages in the app.

Many items on Hearth are prepared in private home kitchens, backyard gardens, or small studios that are not retail food facilities. Hearth does not inspect, sanitize, certify, license, or store any food or goods sold through the Platform.

Hearth cannot guarantee ingredient accuracy, allergen-free preparation, or freedom from cross-contact with nuts, gluten, dairy, soy, eggs, shellfish, or other allergens. Kitchens may contain pets, shared equipment, and ingredients not listed on a profile.

By purchasing food or garden products on Hearth, you expressly acknowledge that you accept the inherent risks of buying from un-inspected private homes and backyards, and that any claim relating to allergic reaction, food-borne illness, injury, or property damage arising from the product or handoff is directed solely to the Artisan who sold the item, not to Hearth.

If you have a severe allergy or medical dietary need, do not rely on Hearth or a profile alone. Contact the Artisan through order coordination tools before you buy, or do not purchase.

Hearth operates in California. Hearth is not currently registered with the California Department of Tax and Fee Administration (CDTFA) as a marketplace facilitator and does not collect or remit California sales tax on your behalf.

When San Diego or other California sales tax lines appear at checkout, they are calculated for transparency from the Artisan's compliance profile and listing type using payment-processor tax tools (such as Stripe Tax). Tax collected on a sale is passed through to the Artisan. Artisans remain solely responsible for reporting and remitting sales tax to CDTFA under their own Seller's Permit, or for qualifying exemptions they attested to in studio settings.

Taxable items commonly include prepared home-cooked meals (including MEHKO offerings) and many handmade studio goods. Whole, uncut fruits and vegetables sold by qualifying backyard growers and certain cottage-food items may be exempt or treated differently under California law.

Hearth will notify users in the app before any change to marketplace facilitator registration or tax remittance programs. Artisans remain responsible for income tax, business licenses, and non-sales taxes. See the Seller Addendum for payout timing, fees, and IRS Form 1099-K reporting.

Every checkout displays a Community Support Fee equal to six percent (6%) of the order subtotal plus thirty cents ($0.30). This fee is always shown before you complete payment. It supports secure card processing and platform operations. Artisans generally receive their listed shelf price; card processing costs are described in the Seller Addendum.

The Community Support Fee is non-refundable except when Hearth cancels a batch and initiates a refund, or when we issue a refund for fraud or a Platform error on our side.

We may change fees with reasonable notice in the app or by updating these Terms.

Payments are processed by Stripe, Inc. and its affiliates. By using checkout or opening a Studio, you agree to Stripe's applicable services terms.

Artisans who receive payouts through Stripe Connect also agree to the Stripe Connected Account Agreement (https://stripe.com/connect-account/legal). Payout holds, identity verification, and chargeback disputes involving card networks are handled under Stripe's agreements and rules. Hearth is not a bank and does not hold Neighbor funds except as directed through Stripe's flow.

You retain ownership of photos, stories, and listings you upload. You grant Hearth a non-exclusive, worldwide, royalty-free license to host, display, and promote that content on the Platform and in reasonable marketing for Hearth.

We may remove content that violates these Terms, applicable law, or our policies.

If you believe content on the Platform infringes your copyright, follow our DMCA notice procedure at /dmca.

Hearth is committed to making the Platform accessible to neighbors with disabilities. Our Accessibility Statement at /accessibility describes our compliance goals, known limitations, and how to request accommodations.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEARTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant uninterrupted service, accurate map placement, permit verification outcomes, or that any Artisan will complete a handoff.

TO THE MAXIMUM EXTENT PERMITTED BY CALIFORNIA LAW, HEARTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE PLATFORM.

Platform and technology claims. For claims relating to Platform availability, account access, map errors, messaging tools, or other technology services (and not relating to the quality, safety, or legality of an Artisan's products), our total liability will not exceed the greater of (A) one hundred U.S. dollars ($100) or (B) the Community Support Fees Hearth received from you in the twelve (12) months before the claim.

Food, product, and handoff claims. For claims relating to allergic reaction, food-borne illness, injury, product quality, labeling, or in-person handoff, Hearth disclaims liability to the fullest extent permitted by law. Those claims are directed to the Artisan who sold the item, as described in Section 5. Nothing in these Terms limits an Artisan's own legal obligations for their products.

California Civil Code Section 1668 prohibits exemptions from liability for fraud, willful injury, or violation of law. Nothing in these Terms limits liability where such limitation is prohibited by law.

Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the fullest extent permitted by law.

You agree to defend, indemnify, and hold harmless Hearth from claims arising out of (a) your use of the Platform, (b) your listings or products if you are an Artisan, (c) your breach of these Terms, or (d) your dispute with another user, except to the extent caused by Hearth's gross negligence or willful misconduct.

Hearth may offer tools to coordinate pickup or leave reviews, but we are not obligated to mediate disputes. Product quality, refunds beyond our automated batch-cancel flows, and handoff disagreements are primarily between buyer and Artisan.

Contact hello@hearthmade.app for account, payment, or safety emergencies. We may suspend accounts or cooperate with authorities when required.

Informal resolution first. Before starting arbitration or court action against Hearth, you must send a written Notice of Dispute to hello@hearthmade.app with the subject line "Dispute Notice." Describe your claim and the relief you seek. You and Hearth will try to resolve the Dispute informally for at least thirty (30) days after we receive your Notice.

Binding arbitration. If informal resolution fails, any Dispute arising out of or relating to these Terms or the Platform will be resolved by binding individual arbitration, not in court, except as stated below. The Federal Arbitration Act governs this section. Arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures, or, if you prefer, by the American Arbitration Association under its Consumer Arbitration Rules. The arbitrator may award the same damages and relief a court could award under California law.

Location. Hearings may be conducted virtually. If an in-person hearing is required, it will take place in San Diego County, California, unless you and Hearth agree otherwise.

Small claims carve-out. Either party may bring an individual action in small claims court in San Diego County if the claim qualifies and stays within that court's jurisdictional limits.

Class action waiver. YOU AND HEARTH 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, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Class arbitrations, class actions, and representative actions are not permitted.

Exceptions. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent unauthorized use of intellectual property or confidential information.

Arbitration opt-out. You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by emailing hello@hearthmade.app with the subject line "Arbitration Opt-Out" and the email address on your account. If you opt out, the governing law and venue section below applies to Disputes with Hearth.

Hearth does not currently offer paid subscription plans. If we introduce recurring subscription services in the future (for example, a seller Pro tier or buyer membership), we will disclose the renewal terms, cancellation method, and billing amount clearly before you subscribe, in compliance with California's Automatic Renewal Law (Business & Professions Code Sections 17600 through 17606). You will have an easy cancellation mechanism before each renewal charge.

We may suspend or terminate access at any time for violation of these Terms, risk to the community, or legal requirements. You may stop using Hearth at any time. Sections that by nature should survive (including intermediary status, food disclosures, liability limits, indemnity, and arbitration) will survive termination.

We may update these Terms by posting a revised version with a new effective date. Material changes may require renewed click-wrap acceptance at signup, login, or checkout. Continued use after notice constitutes acceptance where permitted by law.

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules.

If the arbitration agreement in Section 16 does not apply to a Dispute (for example, because you opted out in time or a court finds the agreement unenforceable for that claim), you agree to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, except where prohibited.

Questions about these Terms: hello@hearthmade.app