Terms and Conditions

Welcome to Mothership Postpartum Meals. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Mothership LLC, a California limited liability company ("Mothership," "Company," "we," "our," or "us"), governing your access to and use of the website located at eatmothership.com (the "Site"), our mobile applications (the "App"), and all products, services, content, and features offered through the Site or App (collectively, the "Services").

1. ELIGIBILITY AND ACCOUNT REGISTRATION

1.1 Eligibility

To use our Services, you must: (a) be at least eighteen (18) years of age; (b) be legally capable of entering into binding contracts under California law; (c) reside within our service area (currently California, with specific zip code availability); and (d) not be a person barred from receiving services under the laws of the United States or any applicable jurisdiction.

1.2 Account Registration

To place orders, you must create an account and provide accurate, current, and complete information. You are responsible for: (a) maintaining the confidentiality of your account credentials; (b) all activities that occur under your account; (c) immediately notifying us of any unauthorized use at support@eatmothership.com; and (d) ensuring all information remains accurate and up to date.

1.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to: violation of these Terms, fraudulent activity, abusive behavior toward staff, or any conduct we deem harmful to our business or other customers.

2. DESCRIPTION OF SERVICES

2.1 Postpartum Meal Delivery

Mothership provides prepared, frozen meal delivery services specifically designed for postpartum nourishment. Our Services include: (a) individual meal purchases; (b) pre-built meal packages; (c) custom meal packages; (d) gift cards; and (e) related products and services as may be offered from time to time.

2.2 Service Area

Our delivery services are currently available only within specified areas of California. Service availability is determined by zip code and may change without notice. We reserve the right to decline orders outside our service area.

2.3 Product Substitutions

Due to the nature of fresh food preparation, ingredient availability, and supply chain conditions, we reserve the right to substitute ingredients or meals with items of comparable or greater value without prior notice. If you have concerns about substitutions, particularly due to allergies or dietary restrictions, please contact us before ordering.

3. ORDERS AND PAYMENT

3.1 Order Acceptance

Your placement of an order constitutes an offer to purchase. All orders are subject to acceptance by Mothership. We reserve the right to refuse or cancel any order for any reason, including but not limited to: product availability, errors in pricing or product information, or suspected fraud. If we cancel an order after payment has been processed, we will issue a full refund.

3.2 Pricing

All prices are displayed in U.S. dollars and do not include applicable taxes, delivery fees, or other charges unless expressly stated. We reserve the right to modify prices at any time without prior notice. Price changes will not affect orders that have already been confirmed.

3.3 Payment Authorization

By providing payment information and placing an order, you: (a) represent that you are authorized to use the payment method; (b) authorize us to charge the full order amount, including taxes and fees; (c) authorize us to charge any alternative payment method on file if the primary method is declined; and (d) agree that no additional consent is required for these charges.

3.4 Payment Processing

We use third-party payment processors (including Helcim) to process payments. Your use of payment services is subject to the terms and privacy policies of those processors. We are not responsible for errors or failures by third-party payment processors.

4. SUBSCRIPTION SERVICES

4.1 Subscription Terms

If you enroll in a subscription service: (a) you authorize recurring charges to your payment method at the frequency specified (weekly, bi-weekly, or as otherwise stated); (b) your subscription will continue until cancelled by you or terminated by us; (c) we may modify subscription terms, including pricing, with at least seven (7) days' advance notice; and (d) continued use after such notice constitutes acceptance of the modified terms.

4.2 Cancellation of Subscriptions

You may cancel your subscription at any time by: (a) logging into your account and selecting the cancellation option; (b) emailing support@eatmothership.com; or (c) calling our customer service. Cancellation must be received at least seventy-two (72) hours before your next scheduled delivery to avoid charges for that delivery. Cancellation will be effective for the billing period following the current period.

4.3 Pausing Subscriptions

You may pause your subscription for up to eight (8) weeks without losing any promotional pricing or benefits. Pauses must be requested at least seventy-two (72) hours before your next scheduled delivery.

5. DELIVERY

5.1 Delivery Schedule

Delivery dates and times are estimates only and are not guaranteed. We will make reasonable efforts to deliver within the estimated timeframe but shall not be liable for any delays. Delivery availability varies by location.

5.2 Risk of Loss

Risk of loss and title for products pass to you upon delivery to the address you specified. If no one is available to receive the delivery, products will be left at the delivery location. We are not responsible for products that are stolen, damaged by weather, or otherwise compromised after delivery.

5.3 Delivery Address

You are responsible for providing an accurate delivery address. We are not responsible for deliveries to incorrect addresses provided by you. Additional charges may apply for redelivery due to incorrect address information.

5.4 Inspection Upon Delivery

You are responsible for inspecting your delivery upon receipt. Any issues with your order, including damaged or missing items, must be reported within forty-eight (48) hours of delivery by contacting support@eatmothership.com. Failure to report issues within this timeframe may limit available remedies.

6. FOOD SAFETY AND HANDLING

6.1 Storage Requirements

Upon delivery, you must: (a) immediately refrigerate or freeze products as indicated on packaging; (b) ensure refrigerated products are stored at or below 40°F (4°C); (c) ensure frozen products are stored at or below 0°F (-18°C); and (d) follow all storage instructions on product labels.

6.2 Preparation and Reheating

You must: (a) follow all preparation and reheating instructions provided; (b) ensure all meat, poultry, and seafood products reach safe internal temperatures as recommended by the USDA (165°F for poultry; 145°F for whole meats and seafood; 160°F for ground meats); (c) use a food thermometer to verify temperatures; and (d) consume products within the timeframe indicated on packaging.

6.3 Temperature Verification

We recommend checking the temperature of perishable items upon delivery. If any fresh or refrigerated product arrives above 41°F (5°C), or if frozen products show signs of thawing, please contact us immediately and do not consume the product. Retain the product and packaging for potential inspection.

7. ALLERGEN INFORMATION AND DIETARY RESTRICTIONS

7.1 Allergen Disclosure

While we make efforts to accurately identify ingredients and potential allergens in our products, we cannot guarantee that any product is completely free of any allergen. Allergen information is provided for informational purposes only and should not be relied upon as the sole source of information for individuals with food allergies or sensitivities.

7.2 Cross-Contamination Risk

All products are prepared in the same kitchen facility where allergens are present. Despite our cleaning protocols, there is an inherent risk of cross-contamination. If you have a severe food allergy, we strongly recommend that you do not order our products.

7.3 Your Responsibility

You are solely responsible for: (a) reviewing all ingredient lists and allergen information before consuming any product; (b) determining whether our products are suitable for your dietary needs; (c) consulting with a healthcare provider if you have any concerns about food allergies or dietary restrictions; and (d) making informed decisions about consumption.

7.4 Disclaimer of Liability for Allergic Reactions

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTHERSHIP DISCLAIMS ALL LIABILITY FOR ANY ALLERGIC REACTION OR ADVERSE HEALTH EFFECT RESULTING FROM CONSUMPTION OF OUR PRODUCTS, INCLUDING BUT NOT LIMITED TO REACTIONS CAUSED BY UNDISCLOSED ALLERGENS, CROSS-CONTAMINATION, OR INGREDIENT SUBSTITUTIONS. BY ORDERING AND CONSUMING OUR PRODUCTS, YOU ASSUME ALL RISK ASSOCIATED WITH POTENTIAL ALLERGEN EXPOSURE.

8. HEALTH AND MEDICAL DISCLAIMERS

8.1 No Medical Claims

Any statements regarding the nutritional benefits or traditional uses of ingredients in our products are for informational purposes only and have not been evaluated by the Food and Drug Administration. We make no claims that our products will: (a) improve health outcomes; (b) aid in postpartum recovery; (c) increase milk production; (d) treat postpartum depression or anxiety; or (e) provide any specific medical benefit.

8.2 Consult Healthcare Providers

Before consuming our products, particularly if you are pregnant, breastfeeding, have a medical condition, or are taking medications, you should consult with a qualified healthcare provider. This is especially important for postpartum individuals who may have specific dietary needs or restrictions.

8.3 Individual Results

Any testimonials or descriptions of customer experiences do not guarantee similar results. Individual responses to nutrition vary based on numerous factors including genetics, overall health, lifestyle, and other dietary factors.

9. REFUNDS AND RETURNS

9.1 Satisfaction Guarantee

We offer a fourteen (14) day money-back guarantee for first-time customers. If you are not satisfied with your first order, you may request a full refund within fourteen (14) days of delivery, provided you have received no more than one (1) delivery. Refund requests must be submitted to support@eatmothership.com.

9.2 Quality Issues

If you receive products that are damaged, spoiled, or materially different from what was ordered, please contact us within forty-eight (48) hours of delivery. We may, at our sole discretion: (a) issue a refund for the affected items; (b) provide replacement products; or (c) issue account credit. We may require photographic evidence of the issue.

9.3 Compassionate Refunds

We may, at our sole discretion, provide pro-rated refunds in cases of: (a) medical emergencies or pregnancy complications (with documentation); (b) relocation outside our service area; (c) bereavement; or (d) service quality failures on our part. These refunds are calculated as: (Total Paid ÷ Total Deliveries) × Remaining Deliveries.

9.4 No Refunds

Except as expressly stated in this Section 9, all sales are final. We do not provide refunds for: (a) change of mind or buyer's remorse; (b) failure to cancel before the cancellation deadline; (c) products that were properly delivered but not retrieved; or (d) dissatisfaction with taste preferences.

9.5 Refund Processing

Approved refunds will be processed within seven (7) to fourteen (14) business days and credited to the original payment method. We are not responsible for delays caused by financial institutions.

10. GIFT CARDS

10.1 Purchase and Redemption

Gift cards may be purchased through our Site and redeemed for any products or services offered by Mothership. Gift cards are applied as account credit and will be automatically applied to purchases until the balance is exhausted.

10.2 Non-Refundable

Gift cards are non-refundable and may not be exchanged for cash, except as required by California Civil Code Section 1749.5. Under California law, gift cards with a balance of less than ten dollars ($10.00) may be redeemed for cash upon request.

10.3 No Expiration

In accordance with California law, gift cards do not expire and no fees will be charged against the gift card balance.

10.4 Lost or Stolen Cards

We are not responsible for lost or stolen gift cards. Gift cards cannot be replaced except as required by law. If you believe your gift card has been stolen or compromised, contact us immediately at support@eatmothership.com.

11. PROMOTIONAL OFFERS AND DISCOUNTS

11.1 Promotional Terms

Promotional offers, discount codes, and special pricing are subject to specific terms and conditions that will be communicated at the time of the offer. Unless otherwise stated, promotional offers: (a) are valid for first-time customers only; (b) cannot be combined with other offers; (c) have no cash value; and (d) may be modified or terminated at any time.

11.2 Discount Recapture

If you cancel a subscription that included promotional pricing before completing the minimum commitment period (if any), we reserve the right to recapture the value of discounts received by deducting such amounts from any refund or charging your payment method.

11.3 Referral Programs

We may offer referral programs that provide benefits for referring new customers. Referral benefits are subject to program rules and may be modified or terminated at any time. We reserve the right to disqualify any referral obtained through fraud, misrepresentation, or violation of program rules.

12. INTELLECTUAL PROPERTY

12.1 Ownership

All content on our Site and App, including but not limited to text, graphics, logos, images, recipes, photographs, videos, software, and the overall design and arrangement thereof (collectively, "Content"), is the property of Mothership or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

12.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Site and App for personal, non-commercial purposes. This license does not include the right to: (a) modify, copy, or distribute our Content; (b) use our Content for commercial purposes; (c) reverse engineer any software; or (d) remove any copyright or proprietary notices.

12.3 Trademarks

"Mothership," "Mothership Postpartum Meals," and our logos are trademarks of Mothership LLC. You may not use our trademarks without our prior written consent.

13. USER CONTENT

13.1 User Submissions

If you submit any content to us, including but not limited to reviews, testimonials, photographs, or feedback ("User Content"), you grant Mothership a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, and distribute such User Content for any purpose, including marketing and promotional purposes.

13.2 Representations

By submitting User Content, you represent and warrant that: (a) you own or have the right to submit the content; (b) the content does not violate any third-party rights; (c) the content is accurate and not misleading; and (d) you consent to the use of your name, likeness, and biographical information in connection with the content.

14. PRIVACY

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

15. COMMUNICATIONS

15.1 Consent to Electronic Communications

By providing your email address and/or phone number, you consent to receive electronic communications from us, including: (a) order confirmations and delivery updates; (b) account notifications; (c) marketing and promotional messages; and (d) customer service communications.

15.2 SMS Communications

If you opt in to receive SMS messages, you consent to receive recurring automated marketing and informational text messages. Message frequency varies. Message and data rates may apply. You may opt out at any time by replying "STOP" to any message or by contacting us.

15.3 Opting Out

You may opt out of marketing communications at any time by: (a) clicking the "unsubscribe" link in any email; (b) replying "STOP" to any text message; or (c) contacting us at support@eatmothership.com. Note that you cannot opt out of transactional communications related to your orders.

16. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. MOTHERSHIP SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, MOTHERSHIP DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS WILL BE CORRECTED.

MOTHERSHIP MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE NUTRITIONAL CONTENT, HEALTH BENEFITS, OR SAFETY OF ANY PRODUCTS BEYOND COMPLIANCE WITH APPLICABLE FOOD SAFETY REGULATIONS. ANY RELIANCE ON THE SERVICES OR PRODUCTS IS AT YOUR OWN RISK.

17. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOTHERSHIP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF MOTHERSHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF MOTHERSHIP FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO MOTHERSHIP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, MOTHERSHIP'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18. DISPUTE RESOLUTION AND ARBITRATION

18.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@eatmothership.com and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved this way.

18.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted in San Luis Obispo County, California, unless the parties agree otherwise. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

18.3 Class Action Waiver

YOU AND MOTHERSHIP 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 OR REPRESENTATIVE ACTION. Unless both you and Mothership agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

18.4 Exceptions

Notwithstanding the above, either party may: (a) bring individual claims in small claims court if the claims qualify; (b) seek injunctive relief in court for intellectual property infringement; or (c) pursue claims that cannot be arbitrated under applicable law.

18.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@eatmothership.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, neither party will be bound by this arbitration agreement, but all other provisions of these Terms will remain in effect.

18.6 Survival

This arbitration agreement shall survive termination of these Terms and your use of the Services.

19. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Mothership and its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) your User Content; or (e) any claim that your use of the Services caused damage to a third party. Mothership reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

20. FORCE MAJEURE

Mothership shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to: acts of God; natural disasters; epidemics or pandemics; war, terrorism, or civil unrest; government actions or regulations; labor disputes; supply chain disruptions; utility or telecommunications failures; or any other event that could not reasonably be anticipated or controlled. In such events, our obligations will be suspended for the duration of the force majeure event.

21. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Subject to Section 18 (Arbitration), any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in San Luis Obispo County, California, and you hereby consent to the personal jurisdiction and venue of such courts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

22. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes, we will notify you by posting the updated Terms on our Site and updating the "Effective Date" at the top. We may also provide additional notice, such as an email notification, for significant changes.

Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

23. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

24. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and Mothership regarding the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

25. WAIVER

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of Mothership to be effective.

26. ASSIGNMENT

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Mothership may assign these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and assigns.

27. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at: