Terms of service

TERMS OF SERVICE

CE Kitchen Inc (dba Clean Eatz Kitchen)

Last Updated: 8/28/26

PLEASE READ THIS NOTICE CAREFULLY

Section 26 of these Terms contains a binding arbitration provision and a class action waiver. Except for the limited exceptions described in that Section, you and CE Kitchen Inc agree that disputes will be resolved by individual arbitration rather than in court, and that neither party may bring or participate in a class action.

You have the right to opt out of arbitration within thirty (30) days. See Section 26.7 for instructions. Opting out will not affect any other part of these Terms or your ability to purchase from us.

OVERVIEW AND ACCEPTANCE

This website and mobile application are operated by CE Kitchen Inc (dba Clean Eatz Kitchen). Throughout these Terms, "we," "us," and "our" refer to CE Kitchen Inc, and "you" refers to the individual using the Service.

Clean Eatz Kitchen offers this website, our mobile applications, and all information, tools, products, and services available through them (collectively, the "Service") conditioned upon your acceptance of these Terms of Service ("Terms").

You accept these Terms when you create an account or place an order. At the point of account creation and at checkout, you are presented with a notice stating that by proceeding you agree to these Terms, our Privacy Policy, our Refund & Return Policy, and our Shipping Policy, each of which is linked and incorporated into these Terms by reference. If you do not agree, do not create an account or place an order.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products to you.

SECTION 1 — ELIGIBILITY

By accepting these Terms, you represent that you are at least eighteen (18) years of age and legally capable of entering into a binding contract. If you are under 18, you may not create an account, place an order, or otherwise use the Service.

You may not use our products for any illegal or unauthorized purpose, and you may not violate any law in your jurisdiction in connection with your use of the Service. You must not transmit any worms, viruses, or code of a destructive nature.

A material breach or violation of these Terms may result in immediate suspension or termination of your access to the Service.

SECTION 2 — GENERAL CONDITIONS

We reserve the right to refuse service to any person for any lawful reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, or any access to the Service, without our express written permission.

Headings in this agreement are for convenience only and do not limit or affect these Terms.

SECTION 3 — ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the Service is not accurate, complete, or current. Material on the Service is provided for general information only and should not be relied upon as the sole basis for decisions without consulting more accurate, complete, or timely sources. Any reliance on this material is at your own risk.

The Service may contain historical information, which is provided for reference only and is not current. We may modify the contents of the Service at any time but have no obligation to update any information.

This Section does not apply to product labeling, allergen declarations, or nutritional information, which are governed by Section 5 and by our Labeling Disclaimer.

SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We may modify or discontinue the Service, or any part of it, at any time. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Prices displayed on the Service are in U.S. dollars. Applicable sales tax is calculated and added at checkout based on your shipping address and applicable state and local tax law. You are responsible for taxes assessed on your purchase.

Shipping charges and any applicable free-shipping threshold are displayed in your cart and at checkout before you complete your purchase. See our Shipping Policy.

SECTION 5 — PRODUCTS

5.1 Product Descriptions and Images

We make reasonable efforts to display the colors, images, and descriptions of our products accurately. Product photographs are for illustration only, and actual meal appearance and packaging may vary from what is shown. We cannot guarantee that your display will render colors accurately.

Net weight and nutritional information are as stated on the product label.

5.2 Availability and Substitution

We may limit the sale of our products to any person, geographic region, or jurisdiction, and may limit quantities, on a case-by-case basis. We may discontinue any product at any time. Any offer made on the Service is void where prohibited.

If a product you ordered is unavailable, we may substitute a comparable product only where the substitution does not introduce any allergen not present in the product you ordered, and where the substituted product is accurately labeled. If we cannot substitute on that basis, we will contact you, or we will ship your order without the unavailable product and refund or credit its value.

5.3 Food Safety and Health Acknowledgments

By placing an order, you acknowledge that you have read and agree to the following, each of which is incorporated into these Terms by reference:

Food Handling Procedures — you agree to follow the storage, handling, and preparation instructions provided with our products and on our website.
Health Notice and Disclaimer — you acknowledge that CE Kitchen Inc is not a medical organization and does not provide medical advice. Our products are designed to support a healthy lifestyle but convey no guarantee or prescription for any health outcome. Consult a qualified medical professional before and during any change to your diet.
Labeling Disclaimer — we make reasonable efforts to label our products correctly as required by the USDA and FDA. Nutritional information is based on production recipes and actual values may vary between meals.

5.4 Allergen Warning

Our products are prepared in facilities that process known allergens, including milk, eggs, wheat, soy, tree nuts, peanuts, fish, shellfish, and sesame. While we declare major allergens in accordance with USDA and FDA regulations, we cannot guarantee that any product is free from allergens due to shared equipment and production areas.

If you have a severe or life-threatening food allergy, you should not consume our products.

By placing an order, you acknowledge this risk and accept responsibility for determining whether our products are appropriate for you.

5.5 No Warranty of Expectations

We do not warrant that the quality of any product, service, or information obtained by you will meet your expectations, or that errors in the Service will be corrected. This Section does not limit any warranty that cannot be disclaimed under applicable law, and does not limit our obligations under Section 13.4.

SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION

We may refuse any order and may limit or cancel quantities purchased per person, per household, or per order. These limits may apply to orders placed under the same customer account, the same payment card, or the same billing or shipping address. If we change or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at the time of the order. We may limit or prohibit orders that in our judgment appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information, and to update it promptly so that we can complete your transactions and contact you as needed.

We accept Visa, Mastercard, American Express, Discover, Apple Pay, and Shop Pay. Payments are processed through our third-party payment processor. If a payment fails, we may cancel the order and will notify you by email.

Refunds, returns, and cancellations are governed by Section 22 and our Refund & Return Policy.

SECTION 7 — OPTIONAL TOOLS

We may provide access to third-party tools that we neither monitor nor control. Such tools are provided "as is" and "as available" without warranties, representations, or conditions of any kind and without endorsement. Your use of any optional third-party tool is at your own risk, and you should review the terms on which the relevant third-party provider offers it. New tools and features we offer in the future are also subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Service may include materials from third parties and links to third-party websites not affiliated with us. We are not responsible for examining or evaluating third-party content and do not warrant, and have no liability for, third-party materials, websites, products, or services.

We are not liable for harm or damages related to the purchase or use of goods, services, or content in connection with third-party websites. Review the third party's policies before engaging in any transaction. Complaints regarding third-party products should be directed to that third party.

SECTION 9 — USER CONTENT, REVIEWS, AND SUBMISSIONS

9.1 License

If you submit reviews, photographs, comments, ideas, suggestions, or other materials ("User Content"), whether at our request or not, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, and display that User Content in any medium, including in marketing materials. We are under no obligation to keep User Content confidential, to pay compensation for it, or to respond to it.

9.2 Your Representations

You represent that your User Content does not violate any right of any third party, including copyright, trademark, privacy, publicity, or other proprietary right, and that it does not contain libelous, unlawful, abusive, or obscene material or any malicious code. You may not use a false email address, impersonate another person, or otherwise mislead us or others as to the origin of User Content. You are solely responsible for your User Content and its accuracy. We assume no liability for User Content posted by you or any third party.

9.3 Incentivized Reviews

If we offer you anything of value in exchange for a review — including a discount, credit, product, or sweepstakes entry — you must disclose that fact clearly in your review, in accordance with the Federal Trade Commission's Endorsement Guides. We do not condition any incentive on the review being positive.

9.4 Moderation

We may, but are not obligated to, monitor, edit, or remove User Content that we determine in our discretion is unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party's rights or these Terms.

SECTION 10 — PERSONAL INFORMATION AND PRIVACY

Your submission of personal information through the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference.

If you are a resident of Washington, Nevada, or Connecticut, please also review our [Consumer Health Data Privacy Policy].

Where applicable law requires your consent before we process certain categories of information — including sensitive personal information and consumer health data — we obtain that consent separately and do not rely on your acceptance of these Terms.

You may opt out of the sharing of your personal information for targeted advertising as described in our Privacy Policy, including through the "Your Privacy Choices" link in our website footer or by enabling a browser opt-out preference signal such as Global Privacy Control.

SECTION 11 — ERRORS, INACCURACIES, AND OMISSIONS

Information on the Service may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We may correct any error and may change, update, or cancel orders if information was inaccurate, at any time and without prior notice, including after you submit your order. Where we cancel an order for this reason, we will refund the full amount to your original payment method.

We undertake no obligation to update or clarify information on the Service except as required by law. No update date should be taken to indicate that all information has been modified or updated.

SECTION 12 — PROHIBITED USES

In addition to other prohibitions in these Terms, you may not use the Service or its content:

(a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any federal, state, or local law, rule, regulation, or ordinance; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service.

We may terminate your access to the Service for violating any prohibited use.

SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

13.1 Service Warranties

We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free, or that results obtained from the Service will be accurate or reliable. We may remove or suspend the Service at any time without notice.

You agree that your use of, or inability to use, the Service is at your sole risk. Except as expressly stated by us, the Service and all products delivered through it are provided "as is" and "as available," without representation, warranty, or condition of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

13.2 Limitation of Liability

To the maximum extent permitted by law, CE Kitchen Inc, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors shall not be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any product, even if advised of the possibility of such damages.

13.3 Food-Specific Limitations

Without limiting Section 13.4, CE Kitchen Inc shall not be liable for adverse health effects arising from your consumption of our products where: (a) you consumed the product after the labeled use-by or best-by date; (b) you failed to follow the storage, handling, or preparation instructions provided with the product or on our website; (c) the product was not maintained at proper temperature after delivery; or (d) you consumed the product despite a known allergy to an ingredient accurately declared on the label.

To the maximum extent permitted by law, our total aggregate liability for any claim arising out of or relating to your purchase or use of our products shall not exceed the purchase price you paid for the specific products giving rise to the claim.

13.4 Exceptions That Always Apply

Nothing in these Terms limits or excludes our liability for:

death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any allergen that was not accurately declared on the product label; or
any other liability that cannot be limited or excluded under applicable law.

Some states do not allow the exclusion or limitation of certain warranties or of liability for consequential or incidental damages. In those states, our liability is limited to the maximum extent permitted by law, and you may have additional rights.

SECTION 14 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CE Kitchen Inc and our affiliates, officers, directors, agents, contractors, licensors, service providers, suppliers, and employees from any third-party claim or demand, including reasonable attorneys' fees, arising out of your breach of these Terms or the documents they incorporate by reference, your violation of any law, or your violation of the rights of a third party.

This Section does not apply to any claim arising from CE Kitchen Inc's own negligence, willful misconduct, or violation of law, and does not apply where indemnification by a consumer is prohibited under applicable law.

SECTION 15 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed. Such determination shall not affect the validity of the remaining provisions.

Section 26.5 (Class Action Waiver) is expressly excluded from this Section and is governed by Section 26.6.

SECTION 16 — TERMINATION

Obligations and liabilities incurred before termination survive termination for all purposes. These Terms are effective until terminated by you or by us. You may terminate by notifying us that you no longer wish to use the Service, or by ceasing to use the Service.

If we determine that you have failed to comply with these Terms, we may terminate this agreement at any time, and you will remain liable for amounts due through the date of termination. We may also deny you access to the Service or any part of it.

Sections 9.1, 13, 14, 18, 26, and 33 survive termination.

SECTION 17 — ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with the Privacy Policy, Refund & Return Policy, Shipping Policy, and other policies posted on the Service and incorporated by reference, constitute the entire agreement between you and us regarding the Service, superseding any prior agreements, communications, and proposals, including prior versions of these Terms.

In the event of a conflict between these Terms and a policy incorporated by reference, the incorporated policy controls with respect to its subject matter.

SECTION 18 — GOVERNING LAW

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. Subject to Section 26, any legal action arising under these Terms shall be brought exclusively in the federal or state courts located in New Hanover County, North Carolina, and the parties consent to personal jurisdiction and venue there.

Nothing in this Section deprives you of the protection of any mandatory consumer protection law of the state in which you reside.

SECTION 19 — CHANGES TO THESE TERMS

We may update, change, or replace any part of these Terms by posting an updated version on the Service and revising the "Last Updated" date.

Changes apply prospectively only. For material changes that significantly affect your rights or obligations, we will provide notice by email to registered account holders at least thirty (30) days before the change takes effect, and your continued use of the Service after that date constitutes acceptance.

No change to Section 26 (Dispute Resolution) applies to any dispute for which written notice was given before the change took effect.

SECTION 20 — USER ACCOUNTS

To place orders you may be required to create an account. You agree to provide accurate, current, and complete information and to keep it updated.

You are responsible for safeguarding your password and for activity occurring under your account. Notify us immediately at support@cleaneatzkitchen.com if you become aware of unauthorized use of your account or any breach of security.

We are not liable for loss or damage arising from your failure to protect your account credentials, except as required by applicable law, including your rights regarding unauthorized payment card and electronic fund transfers.

We may suspend or terminate your account if we believe you have violated these Terms, if your account has been used for unauthorized purposes, or if continued access poses a risk to us or other users. You may hold only one active account.

SECTION 21 — PERISHABLE PRODUCT TERMS

Clean Eatz Kitchen sells frozen, prepared meals and other food products. By placing an order, you acknowledge and agree to the following.

21.1 Storage

All meals ship flash-frozen and packed with dry ice to maintain temperature in transit. Upon delivery, inspect your shipment and transfer all frozen products to a freezer (0°F / -18°C or below) as soon as possible.

Storage times, refrigerated holding times, and use-by or best-by dates are stated on each product label. Always follow the label. Where the label and these Terms differ, the label controls.

21.2 Dry Ice Safety

Shipments contain dry ice (solid carbon dioxide). Dry ice is extremely cold (-109°F / -78.5°C) and can cause burns on contact with skin. Handle with gloves or tongs. Do not ingest. Allow it to dissipate in a well-ventilated area. Do not store it in an airtight container. Keep it away from children and pets.

21.3 Customer Responsibility Upon Delivery

Risk of spoilage passes to you upon delivery by the carrier to the shipping address you provided. You are responsible for: (a) retrieving your shipment promptly upon delivery; (b) storing all products at the required temperatures immediately upon receipt; (c) following the storage, handling, and reheating instructions on the product label and our website; and (d) inspecting your order upon receipt.

We are not responsible for spoilage, quality degradation, or food safety issues resulting from: (a) failure to retrieve the shipment promptly after delivery; (b) improper storage, handling, or preparation after delivery; (c) temperature abuse after the product has left the carrier's possession; or (d) consumption of products past the labeled use-by or best-by date.

Claims for orders that arrive in unacceptable condition are governed by Section 22 and our Refund & Return Policy.

21.4 Reheating

All meals should be reheated to an internal temperature of at least 165°F (74°C) before consumption. Reheating times vary by appliance and by product. Follow the instructions on the product label.

SECTION 22 — REFUNDS, RETURNS, STORE CREDIT, AND GIFT CARDS

22.1 Refunds and Returns

Because our products are perishable, we do not accept returns of food products. Claims for orders that arrive damaged, incorrect, or in unacceptable condition, the deadline for submitting them, and the remedies available are governed by our [Refund & Return Policy], incorporated into these Terms by reference.

22.2 Order Cancellation

You may request cancellation by contacting support@cleaneatzkitchen.com. Orders that have not entered the fulfillment process may be cancelled for a full refund. Once an order has been prepared, packed, or shipped, it cannot be cancelled due to the perishable nature of our products.

This limitation does not apply where we are unable to ship your order within the timeframe stated at checkout. In that case, we will contact you with a revised date and the option to cancel for a full refund to your original payment method.

22.3 Store Credit

Store Credit is a balance associated with your Clean Eatz Kitchen account, redeemable only for products on our website. Store Credit is not sold, is not a gift card or gift certificate, is not transferable or resellable, and bears no interest. We issue three types, identified at the time of issuance:

(a) Order Credit — issued when you paid for products you did not receive in acceptable condition and you elect credit rather than a refund. Order Credit does not expire.

(b) Courtesy Credit — issued at no charge and without any payment or other thing of value from you, including promotional, referral, and goodwill credit. COURTESY CREDIT EXPIRES TWELVE (12) MONTHS AFTER ISSUANCE UNLESS A DIFFERENT DATE IS DISCLOSED AT ISSUANCE. Unredeemed Courtesy Credit is forfeited on its expiration date.

(c) Benefit Credit — issued to participants in a health plan or other third-party benefit program. BENEFIT CREDIT EXPIRES AT THE END OF THE AUTHORIZATION PERIOD FOR WHICH IT WAS ISSUED, PLUS THIRTY (30) DAYS. Benefit Credit is governed by the terms of your program, which control over these Terms in the event of conflict.

Where you are eligible for Order Credit, you may instead request a replacement shipment or a refund to your original payment method.

We will send an email notice to the address on your account at least thirty (30) days before Courtesy Credit or Benefit Credit expires. No dormancy, inactivity, or service fees are charged against Store Credit.

The Store Credit terms in effect when credit is issued govern that credit. We will not add an expiration date to, or shorten the expiration period of, Store Credit already issued to you.

Where applicable state law prohibits expiration, requires a longer period before expiration, or requires cash redemption of small balances, that law controls.

22.4 Gift Cards

Gift Cards are purchased and are separate from Store Credit.

Gift Cards do not expire. We charge no dormancy, inactivity, or service fees on Gift Cards. Gift Card purchases are final and non-refundable. Gift Cards are redeemable only for products on our website and may not be redeemed for cash except where required by applicable law — including in California, where a Gift Card with a remaining balance of less than fifteen dollars ($15) is redeemable in cash upon request. To request cash redemption where your state provides for it, contact support@cleaneatzkitchen.com.

We are not obligated to replace a lost or stolen Gift Card, but may do so at our discretion where you provide proof of purchase.

SECTION 23 — SHIPPING AND DELIVERY

We ship to addresses within the contiguous United States (48 states). We do not ship to Alaska, Hawaii, U.S. territories, P.O. boxes, APO/FPO addresses, or international destinations, except as specifically noted on our website.

Shipping costs, delivery timing, risk of loss, handling of lost or delayed shipments, and responsibility for incorrect addresses are governed by our [Shipping Policy], incorporated into these Terms by reference.

SECTION 24 — INTELLECTUAL PROPERTY

All content on the Service — including text, graphics, logos, images, product photographs, meal descriptions, packaging designs, icons, audio, data compilations, and software — is the property of CE Kitchen Inc or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

The Clean Eatz Kitchen name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CE Kitchen Inc or its affiliates. You may not use them without our prior written permission.

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material on the Service without our prior written consent, except as incidental to normal web browsing or as expressly permitted in these Terms.

SECTION 25 — COMMUNICATIONS AND MARKETING

By creating an account or placing an order, you agree to receive transactional communications from us, including order confirmations, shipping notifications, and customer service responses. These are necessary to fulfill your order and are not marketing communications.

With your express consent, we may also send promotional emails and SMS messages about new products, offers, and other information. You may opt out at any time by: (a) clicking the unsubscribe link in any promotional email; (b) replying STOP to any promotional SMS; or (c) contacting us at support@cleaneatzkitchen.com.

Consent to receive marketing SMS is not a condition of purchase. By opting in to SMS, you consent to receive recurring automated promotional and transactional messages at the phone number provided. Message frequency varies. Standard message and data rates may apply. Reply HELP for assistance.

SECTION 26 — DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

26.1 Informal Resolution First

Before initiating arbitration, you agree to first send written notice of the dispute to us at the address in Section 32, describing the nature of the dispute and the relief sought, and to attempt to resolve it informally. We will send you notice of any dispute we have with you at the email or mailing address on your account.

Both parties agree to make good-faith efforts to resolve the dispute within sixty (60) days of the notice. Neither party may begin arbitration until this period has passed. The statute of limitations is tolled during this period.

26.2 Binding Arbitration

If the dispute is not resolved within sixty (60) days, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service or our products — including the determination of the scope or applicability of this agreement to arbitrate — shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this Section.

The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may award the same individual relief a court could award, and must follow these Terms.

26.3 Location and Format of Arbitration

Arbitration will be conducted by submission of documents or by telephone or videoconference, unless the arbitrator determines an in-person hearing is necessary. If an in-person hearing is held, it will take place in the county where you reside, or at another location we mutually agree upon.

26.4 Fees

Payment of filing, administration, and arbitrator fees is governed by the AAA Consumer Arbitration Rules. Each party bears its own attorneys' fees and costs, except where applicable law or the arbitrator's award provides otherwise.

26.5 Class Action Waiver

YOU AND CE KITCHEN INC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

26.6 Effect if the Class Action Waiver Is Unenforceable

If Section 26.5 is found to be unenforceable as to any claim or any part of a claim, then this entire Section 26 (other than this sentence and Section 26.9) is null and void as to that claim, and that claim shall be brought exclusively in the courts identified in Section 18. Section 26.5 is not severable from the remainder of this Section, and in no event shall class or representative arbitration be permitted.

26.7 Your Right to Opt Out of Arbitration

You may opt out of Sections 26.2 through 26.6 within thirty (30) days of first accepting these Terms. To opt out, send written notice to the address in Section 32, or email support@cleaneatzkitchen.com with the subject line "Arbitration Opt-Out," including your name, the email address on your account, and a statement that you wish to opt out of arbitration.

Opting out will not affect any other provision of these Terms, and we will not retaliate against you in any way for doing so. If you opt out, disputes will be resolved in the courts identified in Section 18.

26.8 Coordinated Filings

If twenty-five (25) or more claimants submit demands for arbitration raising substantially similar claims and are represented by the same or coordinated counsel, the parties agree the demands will be administered in staged batches of no more than fifty (50) at a time, with a single arbitrator assigned to each batch and a single set of filing fees per batch. The statute of limitations is tolled for claimants awaiting a later batch. This provision is intended to promote efficient resolution and does not limit any claimant's right to individual relief.

26.9 Exceptions

Notwithstanding the above:

(a) Either party may bring an individual claim in small claims court for disputes within that court's jurisdictional limits.

(b) Either party may seek injunctive or equitable relief in court to prevent actual or threatened infringement or misappropriation of intellectual property rights.

(c) Nothing in this Section prevents you from filing a complaint with any federal, state, or local agency, or from participating in any investigation or proceeding conducted by such an agency.

26.10 Jury Trial Waiver

Except as provided in Section 26.6 and Section 26.9, you and CE Kitchen Inc waive the right to a trial by jury.

SECTION 27 — FORCE MAJEURE

We are not liable for any failure or delay in performing our obligations where the failure or delay results from a cause beyond our reasonable control, including natural disasters, severe weather, fire, flood, earthquake, epidemic, pandemic, labor shortages or disputes, supply chain disruptions, ingredient shortages, government action, acts of terrorism, war, civil unrest, power outages, telecommunications failures, or carrier service disruptions.

If a force majeure event affects your order, we may: (a) delay shipment until the event resolves; (b) substitute a comparable product, only where the substitution does not introduce any allergen not present in the product you ordered and the substituted product is accurately labeled; (c) ship your order without the unavailable products and refund or credit their value; or (d) cancel your order and issue a full refund to your original payment method.

We will make reasonable efforts to notify you of any material change to your order before it ships.

SECTION 28 — MOBILE APPLICATIONS

Our mobile applications for iOS and Android (the "App") are part of the Service and subject to these Terms, together with the following.

28.1 License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App on a device you own or control, for personal, non-commercial purposes. You may not reverse engineer, decompile, disassemble, modify, or create derivative works of the App, or rent, lease, lend, sell, or sublicense it.

28.2 Apple App Store

If you download the App from the Apple App Store, you acknowledge and agree that:

These Terms are between you and CE Kitchen Inc only, not with Apple, and Apple is not responsible for the App or its content.
Your license is limited to use on Apple-branded products you own or control, as permitted by the App Store Terms of Service.
Apple has no obligation to provide maintenance or support for the App.
If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
Apple is not responsible for addressing any claim relating to the App, including product liability claims, claims that the App fails to conform to legal requirements, or claims arising under consumer protection or privacy law.
Apple is not responsible for investigating, defending, or resolving any third-party intellectual property infringement claim relating to the App.
You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.

28.3 Google Play

If you download the App from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and has no responsibility for the App.

28.4 Push Notifications

The App may send push notifications. You can manage these through your device settings.

SECTION 29 — COPYRIGHT COMPLAINTS (DMCA)

We respect intellectual property rights and will respond to notices of alleged copyright infringement relating to content on the Service.

If you believe content on the Service infringes your copyright, send a written notice to our designated agent including: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and its location on the Service; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

Designated Agent: [NAME/TITLE] CE Kitchen Inc 306 Old Dairy Rd, Wilmington, NC 28405 [DMCA EMAIL ADDRESS]

We may remove or disable access to allegedly infringing material and may terminate the accounts of repeat infringers. If you believe material was removed in error, you may submit a counter-notice to the same agent.

SECTION 30 — REFERRAL PROGRAM

We may offer a referral program allowing you to earn Store Credit or other rewards for referring new customers.

Rewards are issued as Courtesy Credit and are subject to Section 22.3(b), including its expiration terms. Specific reward amounts and qualifying conditions are stated in the program materials at the time of participation and may change prospectively.

You may not: refer yourself; create multiple or false accounts; use automated means to generate referrals; post referral links on coupon, deal, or discount-aggregation sites without our permission; or make any representation about our products that we have not authorized. Referrals must be made to people you personally know, and you may not send unsolicited bulk messages containing your referral link.

We may withhold, revoke, or reverse rewards, and may suspend your participation, where we determine in our reasonable discretion that a referral was obtained in violation of these Terms. Rewards associated with an order that is cancelled, refunded, or charged back may be reversed.

SECTION 31 — PROMOTIONS AND CONTESTS

Sweepstakes, contests, giveaways, and similar promotions we offer are governed by their own official rules, which are made available with each promotion and which control over these Terms with respect to that promotion. Promotions are void where prohibited. Discount codes and promotional offers are subject to any stated conditions, may not be combined unless stated, have no cash value, and may be modified or discontinued at any time.

SECTION 32 — NOTICES

Notices to you may be given by email to the address on your account, by posting on the Service, or by mail to the address on your account, and are deemed received on the date sent or posted.

Legal notices to us, including notice of a dispute under Section 26 and arbitration opt-out notices, must be sent to:

CE Kitchen Inc (dba Clean Eatz Kitchen) Attn: Legal 306 Old Dairy Rd Wilmington, NC 28405

with a copy to support@cleaneatzkitchen.com. Mailed notices are deemed received three (3) business days after mailing.

SECTION 33 — ASSIGNMENT

We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets. You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempted assignment in violation of this Section is void.

SECTION 34 — CALIFORNIA RESIDENTS

Under California Civil Code § 1789.3, California residents are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

SECTION 35 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

CE Kitchen Inc (dba Clean Eatz Kitchen) 306 Old Dairy Rd Wilmington, NC 28405 Email: support@cleaneatzkitchen.com