Terms of Service

Fogato (fogatola.com) and Mise by Fogato (mise.fogatola.com) · Effective November 3, 2026

Please read section 13. It says most disputes between you and Fogato are settled by individual arbitration, not in court, and that you give up class actions and jury trials. You can opt out within 30 days (section 13.7). Small-claims court is still open to you.

These terms are an agreement between you and Fogato, a Los Angeles food business run by Kala Fejzo ("Fogato", "we", "us"). They cover our websites, the Mise app, the shop, meal orders, Mise+ and events. By creating an account, placing an order, joining Mise+, or posting anything, you agree to them and to our Privacy Policy.

1. Who can use Fogato

You must be at least 13 to use Mise, and at least 18 (or have a parent's permission) to buy anything or join Mise+. Our services aren't for children under 13.

2. Your account

You sign in with a one-time code sent to your email. Keep your email account secure, because anyone who can read it can sign in as you. You're responsible for what happens under your account. You can delete your account any time from the account screen in Mise.

3. Shop and meal orders

• Prices and payment. Prices are shown at checkout and charged through Square. We may cancel and refund an order if a price or product was listed wrong, or if we can't fulfil it.
• Food, allergens and storage. Our food is made in a small kitchen that may also handle common allergens (such as tree nuts, peanuts, milk, eggs, wheat, soy, sesame, fish and shellfish), so we can't guarantee any product is free of traces. Ingredients and allergens are listed on each product as best we know them. If you have a serious allergy, ask us before ordering. Perishable food must be refrigerated or frozen as labelled and eaten by its date.
• Delivery. Delivery days and areas are shown at checkout. Someone needs to receive perishable deliveries. We aren't responsible for food left out after it's delivered as arranged.
• Problems and refunds. Because food is perishable, tell us within 48 hours of delivery at kala@fogatola.com if something is wrong, ideally with a photo. We'll replace or refund it if it's our mistake. This doesn't limit any rights you have under consumer law.
• Weekly orders. If you choose "every week", you're billed each week through Square until you cancel. You can cancel any time by emailing kala@fogatola.com. Cancellations received at least 24 hours before the next billing date take effect before it.

4. Mise+ membership

Mise+ costs $8 a month and renews automatically every month until you cancel. Billing goes through Square on the same day each month. Cancel any time on the Mise+ screen in the app with one tap. You keep Mise+ until the end of the month you've paid for, and partial months aren't refunded. If we change the price, we'll email you at least 30 days before it applies, and you can cancel before then. Mise+ features depend on third-party AI services and daily usage limits, which may change.

5. Recipes, AI features and food safety

• Some recipes and answers in Mise are written by AI (Claude, by Anthropic) and are clearly marked as untested ideas. They can be wrong. Use your own judgement.
• "Does it look done?" and similar features are a helpful second opinion, not a safety check. Always cook meat, poultry, fish and eggs to safe internal temperatures, measured with a thermometer (chicken: 165°F / 74°C), and follow safe cooling and storage times.
• Recipes, nutrition and ingredient information aren't medical or dietary advice. Check labels and ingredients yourself if you have allergies or a medical diet.
• Shopping links (for example, Instacart) take you to other companies' services under their own terms and prices.

6. What you post

You can share cooking photos, captions, reviews, ratings, questions and feedback ("your content").

• You keep ownership. You give Fogato a non-exclusive, worldwide, royalty-free licence to host, store, display, reproduce, crop and resize, and share your content within Mise and on Fogato's websites and social channels, to run and promote Fogato. We'll credit you by first name or handle if you ask. This licence ends when you delete the content or your account, except for copies already shared publicly or kept in backups for a limited time.
• You promise that you created the content or have permission to post it, and that anyone recognisable in a photo agreed to it being shared.
• Not allowed: anything illegal, hateful, harassing, sexual, violent, or that infringes someone's rights; other people's private information; spam or ads; content that's misleading about food safety; and reviews you were paid for or that aren't your own experience.
• Moderation. Photos are reviewed before they appear. We may decline, edit (for example, crop) or remove content that breaks these rules, and suspend accounts that repeatedly do.
• Honest reviews are welcome, including negative ones. Nothing in these terms stops you from reviewing us honestly anywhere.
• Copyright complaints. If you think something on our site infringes your copyright, email kala@fogatola.com with the work, where it appears on our site, your contact details, and a statement that you believe in good faith the use isn't authorised. We'll take it down while we look into it.

7. Rules of the road

Don't misuse our services. That means no scraping or bulk downloading, no automated sign-ups or requests, no trying to get around limits or payments, no probing or attacking our systems, and no using Mise to build a competing dataset or AI model.

8. Our content

Fogato's recipes, photos, writing, logos and app are ours or our licensors' and are protected by law. You can use them for your own cooking and share links to them. Don't copy, sell or republish them without permission.

9. Privacy

Our Privacy Policy explains what we collect and your choices, including how to see, correct or delete your data and how we honour Global Privacy Control. Analytics only load if you accept them on the cookie banner.

10. Disclaimers

Except for the promises we make in these terms and anything the law doesn't let us exclude, Fogato's websites and apps are provided "as is". We don't promise they'll always be available or error-free. Food we sell must be fit to eat as described, and nothing here limits that.

11. Limits on liability

To the extent the law allows, Fogato isn't liable for indirect or consequential losses (such as lost profits or data). Our total liability for any claim about the websites, Mise or Mise+ is limited to the greater of what you paid us in the 12 months before the claim or $100. These limits don't apply to liability for death or personal injury caused by our negligence, fraud, wilful misconduct, violations of law, or anything else that California law (including Civil Code §1668) doesn't allow to be limited.

12. Ending things

You can stop using Fogato and delete your account any time. We may suspend or close accounts that break these terms or put others at risk, and we'll tell you why unless the law or safety prevents it. Sections 6 (licence, for content already shared), 8, 10, 11, 13 and 14 survive.

13. Disputes and arbitration

13.1 Talk to us first. Most problems are solved by email. Before starting arbitration or a court case, send a written notice to kala@fogatola.com with your name, contact details, what happened and what you want. Both sides will try in good faith to resolve it within 60 days.

13.2 Individual arbitration. If it isn't resolved, you and Fogato agree that any dispute arising out of or relating to these terms or our products and services will be decided by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (adr.org), not in court. The arbitrator decides all issues, including whether a dispute must be arbitrated, except as stated in 13.5 and 13.8. The Federal Arbitration Act governs this section.

13.3 Fees and place. Your share of filing fees won't exceed what the AAA Consumer Rules require of consumers (or a court filing fee, if lower), and Fogato pays the rest of the AAA and arbitrator fees, unless the arbitrator finds your claim frivolous. The arbitration happens in the county where you live, or by video or written submissions if you prefer.

13.4 Exceptions. Either of us can instead bring an individual claim in small-claims court if it qualifies. Either of us can ask a court to stop infringement or misuse of intellectual property or our systems.

13.5 No class actions or jury trials. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding, and the arbitrator can't combine claims or award relief to anyone else. You and Fogato each waive the right to a jury trial. If a court decides this paragraph can't be enforced for a particular claim or remedy, that claim or remedy (and only that one) goes to court, and the rest stays in arbitration.

13.6 Public injunctive relief. Nothing in these terms waives your right to seek public injunctive relief under California law. Any claim for public injunctive relief will be decided by a court in Los Angeles County after the individual arbitration of your other claims is finished, and will be paused until then.

13.7 Opting out. You can opt out of this arbitration agreement within 30 days of first agreeing to these terms. Email kala@fogatola.com with the subject "Arbitration opt-out", your name and the email on your account. Opting out doesn't affect the rest of these terms.

13.8 Mass filings. If 25 or more similar arbitration demands are filed against Fogato by or with the help of the same lawyers or organisation, they'll be handled in batches of up to 25 under the AAA's Mass Arbitration Supplementary Rules, and a court may resolve disputes about this paragraph. Statutes of limitations are paused for demands waiting in a batch.

13.9 Changes. If we change this section, the change won't apply to a dispute we already knew about, and you can reject it by emailing us within 30 days. If you do, the version you last agreed to still applies to you.

13.10 Law and courts. California law governs these terms, apart from the Federal Arbitration Act for this section. Any claim that goes to court will be heard in the state or federal courts in Los Angeles County, California.

14. Everything else

We may update these terms. We'll change the date at the top and, for meaningful changes, tell account holders by email or in the app before they apply. Using our services after that means you accept the update. If any part of these terms can't be enforced, the rest still applies. These terms and our Privacy Policy are the whole agreement between us about our services.

California users: under California Civil Code §1789.3, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.

Fogato · Los Angeles, California · kala@fogatola.com