Terms of Service

Last updated: November 2, 2026

Overview

Welcome to Franny’s Kitchen! The terms “we,” “us,” and “our” refer to Franny's Kitchen, LLC. We prepare and deliver home-style meals in San Francisco and operate this website, including its menus, ordering tools, customer accounts, and gift certificates (the “Services”).

These Terms of Service (“Terms”) describe your rights and responsibilities when you use the Services. Please read them carefully, as they cover important topics such as food allergies, warranty disclaimers, and limitations of liability.

By visiting or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, you should not use the Services. These Terms do not limit any rights you may have under applicable consumer protection laws or any other rights that cannot be waived.

1. Access and account

You must be at least 18 years old to create an account or place an order. You agree that the information you give us, including your delivery address, is correct, current, and complete, and you agree to keep it up to date. You are responsible for keeping your password and passkeys secure and for all activity on your account, and you may not transfer your account to anyone else. Please tell us promptly if you think someone else has used it.

2. Our food

Our food is prepared in a commercial kitchen that is NOT nut or allergen free. We cannot guarantee that any meal is free of a particular ingredient, and menu descriptions may not list every ingredient. If you have a severe allergy, our service may not be right for you. If you order for someone else, please share this information with them.

Our meals are fully cooked and perishable. Please refrigerate them promptly if you are not eating them right away, and reheat them thoroughly. Portion sizes are approximate, and meals may look different from any photos or descriptions. We may change or discontinue menu items at any time.

3. Orders

We publish a menu each week for delivery Monday through Thursday. There is no subscription, no obligation to order, and no minimum number of meals or days. When you place an order, you agree to pay its total, and you confirm that it is for your own personal or household use and not for resale. We may decline or cancel an order at our discretion, subject to applicable law, for example if we cannot deliver to your address or a menu becomes unavailable. If we do, we will try to contact you using the details on your account, and you will not owe anything for meals we do not provide.

Unless we say otherwise, the ordering deadlines for each week, in Pacific time, are:

  • Monday meals: the Sunday before, at 1:00 pm.
  • Tuesday through Thursday meals: the Sunday before, at midnight.

Holiday menus have their own ordering and delivery dates, shown on the holiday menu. We may accept late orders case by case, depending on availability.

4. Changes and cancellations

You can change or cancel your order on our website until the deadlines above. After a deadline has passed, contact us at least 48 hours before the delivery you want to change or cancel. Because we prepare meals in large batches, we may still charge you for an order canceled with less notice. We are unable to customize orders or make substitutions, although we will try to leave off garnishes on request.

5. Prices and billing

  • Prices and delivery fees are shown when you order and may change at any time for future orders. A delivery fee applies to each day a delivery is made.
  • Full payment is due on or before the first delivery of the week.
  • We accept check, cash, and, where offered, credit card. A service charge applies to card payments and is shown before you pay. Card payments are processed by Square. You agree that you are authorized to use the payment method you provide.
  • Payments left for pickup or sent by mail are credited when we receive them. If a check is returned, or a payment was recorded in error, we may reverse the credit and your balance will increase.
  • We keep a running balance on your account and may send you reminders. If your account is past due, we may stop you from placing new orders until it is paid.

6. Delivery

We deliver within the city of San Francisco, to verified addresses. Where we offer pickup, we will say so when you order. Meals are generally delivered between 2:00 pm and 5:30 pm, but delivery times are estimates and are not guaranteed.

If you will not be home, please tell us about a secure spot to leave your meals. Once we have delivered your meals to your address or the spot you chose, the risk of loss passes to you. We may need to limit or change delivery in areas where parking or access is difficult, such as downtown or near stadiums on event days, and in those cases we may ask that someone be available to receive the delivery.

We are not responsible for delays or failures caused by events beyond our reasonable control, including severe weather, natural disasters, road closures, public health orders, supply shortages, and utility or telecommunications outages.

7. Problems with an order

If there is a problem with your order or delivery, please call or text (415) 672-4213 the same day. Please do not email, as we may not see it in time. Because our food is perishable, we cannot accept returns. If we are responsible for the problem, we will work with you to make it right, which may include a replacement, a credit to your account, or a refund.

8. Gift certificates

  • A gift certificate is a code that can be used once. When it is redeemed, its full value is added as a credit to the Franny’s Kitchen account that redeems it, and that credit can be used toward orders.
  • Gift certificates do not expire. They cannot be redeemed for cash except where required by law.
  • Please treat a code like cash, because anyone who has it can redeem it. Contact us if yours is lost or stolen and we will help if we can, but we cannot replace a code that has already been redeemed.
  • A processing fee may be charged when you buy a gift certificate by card. It is shown before you pay and does not reduce the certificate’s value.
  • We may void a gift certificate if we do not receive payment for it or if it was obtained by fraud.

9. Catering

Catering is arranged separately. Menus, prices, and terms for an event are as we agree with you for that event, and these Terms apply to anything that agreement does not cover.

10. Intellectual property

The Services, including our name, logo, menus, recipes, text, and images, are owned by us or our licensors and are protected by trademark, copyright, and other laws. You may use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, or republish any of this material without our prior written consent. All rights not expressly granted are reserved.

11. Third-party links and services

The Services may link to or include websites and tools operated by others, such as Square’s checkout page and our social media pages. We do not control them and are not responsible for their content or practices. Their own terms and policies apply when you use them.

12. Privacy policy

Our Privacy Policy explains how we collect, use, and disclose personal information when you use the Services, including which service providers receive it.

13. Feedback

If you send us ideas, suggestions, reviews, testimonials, or other feedback (“Feedback”), you give us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and display it in any medium to operate and promote the Services, and we have no obligation to pay you for it, keep it confidential, or respond to it. We will ask your permission before publishing a testimonial with your name. You confirm that your Feedback is your own, is truthful, and does not violate anyone’s rights or these Terms.

14. Errors, inaccuracies and omissions

Occasionally the Services may contain errors or omissions in menu descriptions, prices, fees, delivery information, or availability. We may correct them and may change or cancel an order that was based on them, including after you have placed it. If we correct a menu price after you order, we may update your order total to the corrected price, and your account balance will reflect the difference. If we cancel an order after you have paid for it, we will credit your account or refund you.

15. Prohibited uses

You may use the Services for lawful purposes only. You may not:

  • break any law, or infringe our rights or anyone else’s;
  • harass, abuse, threaten, or harm our staff or anyone else;
  • give false or misleading information, or impersonate another person;
  • use someone else’s account or gift code without permission, or try to obtain credit, meals, or gift certificates by fraud;
  • send spam, viruses, or other harmful code, or collect other people’s personal information;
  • use robots, scrapers, or other automated tools to access the Services or copy their content; or
  • interfere with or bypass the Services’ security or anything we use to restrict access.

16. Termination

We may suspend or close your account, or end your access to the Services, at any time if you violate these Terms, do not pay amounts you owe, or misuse the Services. You can ask us to close your account at any time. You remain responsible for all amounts due up to the date your account is closed. Sections 10, 13, and 16 through 23, and any others that by their nature should continue, still apply afterward.

17. Disclaimer of warranties

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THESE DISCLAIMERS, SO THEY MAY NOT APPLY TO YOU.

18. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OWNERS, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS OR LOST DATA, ARISING FROM THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICES IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT YOU PAID FOR THE ORDER THAT GAVE RISE TO THE CLAIM. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Indemnification

To the extent permitted by law, you agree to indemnify and hold us harmless from losses, liabilities, and claims, including reasonable attorneys’ fees, payable to a third party because of your breach of these Terms or your violation of any law or anyone’s rights. We will let you know of any such claim.

20. Severability

If any part of these Terms is found to be unlawful or unenforceable, it will be enforced to the fullest extent permitted, and the rest of these Terms will remain in effect.

21. Waiver; entire agreement

If we do not enforce a right or provision of these Terms, that does not waive it. These Terms, the policies they refer to, and any catering agreement we make with you are the entire agreement between us about the Services, and they replace any earlier agreements or versions of these Terms.

22. Assignment

You may not transfer your rights or obligations under these Terms without our prior written consent. We may transfer ours as part of a sale or transfer of our business.

23. Governing law

If you have a concern, please contact us first so that we can try to resolve it. These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Any dispute that is not resolved informally will be decided in the state or federal courts located in San Francisco County, California, except that either of us may bring an eligible claim in small claims court.

24. Electronic communications

By using the Services or placing an order, you agree that we may send you communications about your orders, account, balance, and these Terms electronically, including by email or by posting on the Services. Please keep your contact information current.

25. Changes to these Terms

You can review the current version of these Terms at any time on this page. We may update them by posting the changes here and updating the “Last updated” date. If a change is significant, we will also take reasonable steps to let you know, such as by email. Changes apply going forward and do not affect orders you have already placed. By continuing to use the Services after a change takes effect, you accept the updated Terms.

26. Contact information

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

Franny's Kitchen, LLC
PO Box 252
Daly City, CA 94016
frannyskitchen@yahoo.com
(415) 672-4213