Terms of Service

1. Agreement to these Terms

These Terms are a binding agreement between you and Moudena LLC. By creating an account, logging in, browsing while signed in, placing an order, listing food, messaging another user, or otherwise using Moudena, you agree to these Terms and to the Privacy Policy.

If you do not agree, do not use Moudena. We may update these Terms from time to time. Continued use after an update means you accept the updated Terms.

2. Marketplace role

Moudena is a technology marketplace that helps buyers discover and order from independent vendors, including home cooks, bakers, farms, food trucks, caterers, and pantry sellers.

Moudena does not prepare, package, inspect, deliver, or sell the food listed by vendors. Vendors are independent sellers, not employees, agents, partners, or representatives of Moudena. Buyers and vendors are responsible for their own decisions and interactions.

3. Eligibility and accounts

You must be at least 18 years old to create an account, place orders, list food, accept payments, or act as a vendor. You are responsible for keeping your account secure and for all activity on your account. Tell us promptly at support@moudena.com if you believe your account has been compromised.

4. Vendor responsibilities

Vendors are solely responsible for their listings, menus, prices, photos, ingredients, allergens, food handling, preparation, packaging, pickup or delivery arrangements, taxes, permits, licenses, insurance, and compliance with applicable federal, state, and local laws.

Vendors must accurately describe food, allergens, pickup windows, delivery availability, prep times, order limits, refund practices, and whether an item is orderable, preorder, or inquiry-only. Vendors may not list illegal, unsafe, misleading, age-restricted, or prohibited items unless the item is legally permitted and Moudena supports the required compliance flow.

Food trucks and mobile vendors are responsible for confirming when they are actually open and serving. A schedule or announced stop does not guarantee that the vendor is open unless the vendor confirms it in Moudena.

5. Buyer responsibilities

Buyers are responsible for reviewing listings, menus, allergens, ingredients, pickup or delivery details, prices, fees, vendor notes, and order timing before ordering. If you have allergies, dietary restrictions, medical concerns, or safety questions, contact the vendor before ordering. Moudena does not guarantee that any food is allergen-free.

6. Orders, payment, and fees

An order may be a listing reservation, menu order, preorder, delivery order, cash order, or card order, depending on what the vendor enables. Some orders may require vendor acceptance before pickup, delivery, or preparation details are final.

When card payments are available, card payments are processed by Stripe or another payment processor shown at checkout. Moudena may charge platform fees, service fees, or other fees that are disclosed before checkout. Cash orders are handled directly between buyer and vendor; Moudena does not process the cash payment.

Card refunds are returned to the original payment method when possible. Refund timing depends on the payment processor and the buyer's card issuer or bank.

Deposits, minimums, prep fees, late-cancellation rules, delivery fees, and any other material order terms must be shown clearly before the buyer places the order. A vendor cannot rely on a hidden policy that was not shown to the buyer before checkout.

7. Buyer cancellation and refund policy

Because food is perishable and often made to order, cancellation rights are limited. Moudena's default policy is designed for ordinary food orders, catering, cakes, custom trays, preorders, and other items where vendors may buy ingredients or begin work before pickup or delivery.

Unless a vendor posts a more generous policy or applicable law requires otherwise:

• A buyer may request cancellation before the vendor accepts or begins preparing the order.
• If a buyer cancels at least 24 hours before the scheduled pickup, delivery, or event time, the buyer is generally eligible for a refund of any card payment, except for any clearly disclosed non-refundable deposit or fee that applicable law allows.
• For catering, cakes, custom platters, special-order food, or other prep-heavy orders, a clearly disclosed deposit is not refundable if the buyer cancels less than 24 hours before the scheduled pickup, delivery, or event time.
• If no separate deposit was charged for a custom cake, catering order, custom platter, or special-order item, and the buyer cancels less than 24 hours before the scheduled pickup, delivery, or event time after the vendor has purchased materials or started preparation, up to 30% of the order total may be paid to the vendor for materials, labor, and prep, if that late-cancellation rule was disclosed before checkout.
• After a vendor accepts, starts preparation, purchases ingredients, starts delivery, or reaches the pickup window, cancellation and refund requests are not guaranteed.
• If the vendor cancels, cannot fulfill the order, or materially changes the order after payment, the buyer may be eligible for a refund of the affected card payment.
• Delivery fees may be non-refundable once delivery has started.
• Cash order refunds are handled directly between buyer and vendor because Moudena did not process the payment.
• Card order refunds must be requested through Moudena support or the in-app order flow when available. Do not use a chargeback as a substitute for first contacting support unless you believe the charge is unauthorized or your legal rights require another process.

Vendors may choose a more buyer-friendly policy, such as a longer cancellation window, refundable deposit, partial refund, or store credit. Vendor-specific policies are valid only when they are clearly shown before checkout and do not conflict with applicable law.

Nothing in these Terms limits non-waivable consumer rights. Some cancellation rules, such as certain cooling-off rules, do not apply to transactions made entirely online, but other rights may apply depending on the facts and applicable law.

8. Disputes, chargebacks, and support

If there is a problem with an order, try to resolve it with the vendor first and contact support@moudena.com with the order number, photos if relevant, and a description of the issue. If a cardholder files a dispute or chargeback, Moudena and/or the vendor may provide the order record, messages, delivery or pickup details, refund policy, and other evidence to the payment processor or card network.

9. User content

You keep ownership of listings, photos, profile text, menu text, messages, reviews, and other content you submit. You grant Moudena a non-exclusive, worldwide, royalty-free license to host, display, reproduce, crop, resize, translate, and use that content to operate, promote, secure, and improve Moudena.

You may not upload content that is false, unlawful, infringing, abusive, deceptive, or unsafe.

10. Prohibited conduct

You may not use Moudena to sell illegal items, controlled substances, unsupported alcohol or age-restricted items, unsafe food, counterfeit goods, or anything prohibited by law or by Moudena policy. You may not harass users, evade fees, scrape the service, interfere with security, create fake accounts, or misrepresent who you are.

11. Safety and no professional advice

Moudena may provide educational content about food-business setup, cottage food, food truck operations, tax tracking, or safety. This content is informational only and is not legal, tax, medical, food-safety, or business advice. Vendors should consult qualified professionals and government agencies for requirements that apply to them.

12. Suspension and termination

We may suspend or terminate accounts, hide listings, cancel orders, hold payouts, or restrict access when we believe there is fraud, safety risk, illegal conduct, policy violation, payment risk, or harm to the marketplace. You may close your account from your profile or by contacting support.

13. Disclaimers

Moudena is provided "as is" and "as available." To the maximum extent permitted by law, Moudena disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, food quality, food safety, vendor compliance, and uninterrupted operation.

14. Limitation of liability

To the maximum extent permitted by law, Moudena LLC, its owners, employees, contractors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits; lost data; foodborne illness; allergic reactions; vendor acts or omissions; buyer acts or omissions; pickup or delivery problems; or disputes between users.

To the maximum extent permitted by law, Moudena's total liability for any claim will not exceed the greater of: (a) the fees Moudena received from you for the transaction giving rise to the claim, or (b) $100.

Some jurisdictions do not allow certain limitations, so some limits may not apply to you.

15. Indemnity

You agree to defend, indemnify, and hold harmless Moudena LLC from claims, losses, liabilities, damages, costs, and expenses arising from your content, your orders, your food, your vendor operations, your violation of law, your violation of these Terms, or your interaction with another user.

16. Governing law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Venue for disputes will be in the state or federal courts located in Brevard County, Florida, unless applicable law requires another forum.

17. Contact

Questions about these Terms: support@moudena.com.