Morning Basket

Terms of Service

Last updated: August 2026

The simple version

Use Morning Basket to plan your family's meals, compare grocery information, and save money. Be honest with us, use the service responsibly, and review retailer information before buying. The detailed terms below form a legal agreement between you and Elm Co LLC d/b/a Morning Basket.

1. Acceptance of these Terms

These Terms of Service (the “Terms”) govern your access to and use of the Morning Basket website, mobile application, features, content, and related services (collectively, the “Service”). “Morning Basket,” “we,” “us,” and “our” mean Elm Co LLC d/b/a Morning Basket.

By creating an account, starting a trial, purchasing a subscription, or otherwise accessing or using the Service, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Service. If you use the Service for an organization, you represent that you have authority to bind it to these Terms.

2. Eligibility and your account

You must be at least 18 years old and legally able to enter into a contract to create an account or purchase a subscription. The Service is intended for personal or household use unless we agree otherwise in writing.

You agree to provide accurate, current information and keep it updated. You are responsible for safeguarding your login credentials and for activity under your account. Do not share credentials outside your household or allow commercial use of your account. Notify us promptly at legal@morningbasket.app if you suspect unauthorized access. One account per person; paid benefits may be shared only within the subscriber's household as the applicable plan permits.

3. Free trial and free tier

Morning Basket may offer a 14-day free trial of Smart Cart features. Unless the offer presented to you states otherwise:

You will not be charged unless you separately select a paid plan, enter or authorize a payment method, and affirmatively agree to the price and recurring-billing terms shown at checkout. We may modify or discontinue a trial offer or limit eligibility to prevent abuse, but doing so will not convert a card-free trial into a paid subscription without your affirmative consent.

4. Paid subscriptions and billing

4.1 Purchase disclosures and authorization

Before you purchase a paid plan, we will clearly display the price, billing interval, automatic-renewal terms, and how to cancel. By selecting the purchase or subscription button, you authorize the recurring charges shown at checkout to your selected payment method until you cancel.

4.2 Automatic renewal

Monthly and annual subscriptions automatically renew for successive periods of the same length unless you cancel before the renewal date. Your billing date is shown in your account or by the payment provider. We may send a renewal reminder to the email address associated with your account, including approximately seven days before a scheduled renewal. You are responsible for keeping your email address current. Failure to receive a courtesy reminder does not extend a subscription or create a refund right, except where applicable law provides otherwise.

4.3 Payment providers

Payments may be processed by us or by a third party, such as Apple App Store, Google Play, or another payment provider. If you subscribe through a third party, its billing, cancellation, and refund procedures may apply, and you may need to manage or cancel the subscription through that provider. You authorize us and the applicable provider to store and charge your payment method as permitted by law and the provider's terms.

4.4 Cancellation

You may cancel at any time through account settings or through the payment provider from which you purchased the subscription. If you accepted the subscription online directly from Morning Basket, we will provide an online cancellation method. Cancellation takes effect at the end of the current paid billing period, and you may continue using paid features until then unless the Service states otherwise.

4.5 Refunds

Except where required by law or the applicable payment provider's rules, payments are non-refundable and we do not provide credits or prorated refunds for unused time. This does not limit any non-waivable consumer right. If we terminate a paid subscription for reasons other than your violation of these Terms, we will provide any refund required by applicable law and may provide a prorated refund in our discretion.

4.6 Price changes

We will give at least 30 days' notice before a price change applies to your next renewal, unless a longer period is required by law. The notice will explain the new price and how to cancel. If you do not agree to the new price, cancel before it takes effect. Material changes to other recurring-billing terms will be disclosed as required by applicable law.

4.7 Taxes

Prices may exclude applicable sales, use, or similar taxes. Where required, those taxes may be calculated and charged at checkout or by the payment provider.

5. Retailer prices, products, and third-party data

Morning Basket is a planning and comparison tool. Retailer information—including prices, product details, availability, promotions, taxes, fees, quantities, package sizes, loyalty offers, delivery charges, and estimated totals—is supplied by retailers, licensed data providers, public sources, or other third parties. Although we update information regularly, it may be incomplete, delayed, inaccurate, or unavailable.

The amount you pay may vary because of store location, regional pricing, time between updates, membership or loyalty status, coupons, substitutions, inventory, fulfillment method, taxes, fees, or other factors. Always verify the current product, price, eligibility, and final total directly with the retailer before purchasing.

Morning Basket does not sell grocery products and does not control retailer inventory, checkout, fulfillment, substitutions, delivery, returns, recalls, or refunds. Retailer coverage, data sources, and integrations may change or become unavailable without notice. We are not responsible for a retailer's or data provider's acts, omissions, products, services, or policies.

6. Recipes, ingredients, allergies, and dietary information

Morning Basket does not provide medical, nutritional, or allergy advice. Recipes, ingredient lists, product information, dietary labels, and related content may be incomplete or outdated and may not reflect substitutions, reformulations, recalls, cross-contact, preparation conditions, or individual health needs.

If you have any allergy, intolerance, medical condition, religious requirement, or dietary restriction, independently review current product labels and warnings and consult the manufacturer, retailer, or a qualified professional before purchasing, preparing, or consuming a product. Never rely on Morning Basket as your only source of ingredient or safety information.

7. Retailer trademarks and independence

Morning Basket is an independent service. Store names, logos, brands, product images, and other marks shown in the Service—including Kroger, Aldi, Walmart, and others—belong to their respective owners. Unless we expressly state otherwise, Morning Basket is not affiliated with, endorsed by, sponsored by, or partnered with those retailers. We reference them solely to help users compare information and plan shopping.

8. Third-party services and links

The Service may link to or interact with third-party websites, applications, retailers, payment providers, or services. We do not control and are not responsible for their content, availability, security, terms, privacy practices, or transactions. Your use of a third-party service is governed by that third party's terms. A link or integration does not imply endorsement or partnership.

9. Acceptable use

You may use the Service only for lawful, personal, or household purposes. You may not, and may not help another person to:

We may investigate suspected misuse and take reasonable measures to protect the Service and its users.

10. Intellectual property

The Service—including the Morning Basket name and logo, application, software, interface, design, compilations, and original content—is owned by or licensed to Elm Co LLC and is protected by intellectual-property laws. Recipe and other content may be supplied by licensed third-party data providers and remains subject to their rights.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or household purposes. No ownership rights are transferred to you. You may not use Morning Basket's names, logos, or other marks without prior written permission.

11. Content you submit and feedback

You retain ownership of recipes, lists, comments, or other content you submit. You grant Morning Basket a worldwide, non-exclusive, royalty-free license to host, store, reproduce, format, display, and otherwise use that content solely to operate, secure, improve, and provide the Service to you. This license ends when the content is deleted from our active systems, subject to reasonable backup, legal, and security retention.

You represent that you have the rights needed to submit the content and that it does not violate law or another person's rights. We may remove or restrict content that violates these Terms or creates legal, security, or user-safety risk.

If you voluntarily provide ideas, suggestions, or feedback, you allow us to use them without restriction or compensation, but we are not required to do so.

12. Privacy and electronic communications

Our Privacy Policy explains how we collect, use, disclose, and protect personal information. By using the Service, you acknowledge that policy. You agree that we may send you transactional messages electronically, including account, billing, renewal, security, legal, and service notices. Marketing communications are governed by applicable law and the choices provided in those messages.

13. Service changes and availability

We may add, modify, suspend, or discontinue features, content, retailer coverage, integrations, or plan offerings. We will provide notice where required by law or where a change materially reduces a prepaid paid service. We do not guarantee that the Service or any feature, data source, or integration will always be available.

14. Suspension, termination, and account deletion

You may stop using the Service and delete your account through account settings, subject to any retention described in our Privacy Policy. Deleting an account does not necessarily cancel a subscription purchased through a third-party provider; you must separately cancel it through that provider.

We may suspend, restrict, or terminate access if you violate these Terms, create risk or legal exposure, fail to pay amounts due, misuse the Service, or if needed to protect users, data, third parties, or the Service. We will tell you the reason unless doing so is legally prohibited or would compromise security or an investigation. Where reasonable, we may give you an opportunity to cure. Provisions that by their nature should survive termination— including ownership, disclaimers, liability limits, indemnity, dispute resolution, and miscellaneous terms—will survive.

15. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT AND DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICE OR ANY DATA WILL BE ACCURATE, COMPLETE, CURRENT, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

Some jurisdictions do not allow certain warranty exclusions. In that case, the exclusions apply only to the extent permitted by law, and nothing in these Terms limits rights that cannot legally be waived.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELM CO LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF USE, OR SUBSTITUTE-SERVICE COSTS, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES MAY OCCUR.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO MORNING BASKET DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose. They do not exclude or limit liability that applicable law does not permit to be excluded or limited.

17. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Elm Co LLC and its affiliates, officers, employees, contractors, licensors, and service providers from third-party claims, losses, liabilities, damages, and reasonable costs (including attorneys' fees) arising from your unlawful use of the Service, content you submit, infringement or violation of another person's rights, or material breach of these Terms. We may control the defense of a covered claim, and you agree to reasonably cooperate. This section does not require you to indemnify a party for its own fraud, willful misconduct, or other liability that cannot legally be shifted to you.

18. Dispute resolution and arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

18.1 Informal resolution

Before filing a claim, you and Morning Basket agree to try to resolve it informally. Send a written notice to legal@morningbasket.app describing the issue, the relief requested, and the account email associated with the dispute. We will work in good faith for 30 days after receiving a complete notice before either party begins arbitration or litigation, except where immediate relief is reasonably necessary to prevent serious harm or preserve a claim.

18.2 Binding individual arbitration

If the dispute is not resolved informally, you and Elm Co LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved through final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect when the claim is filed. If these Terms conflict with those Rules, these Terms control only to the extent the Rules permit. The arbitration will be conducted in English by one neutral arbitrator and may be held by videoconference, based on written submissions, or, if an in-person hearing is required, in Tennessee or the U.S. county where you live, as the Rules and applicable law permit. Arbitration fees will be allocated as required by the Rules and applicable law. Judgment on the award may be entered in any court of competent jurisdiction.

18.3 Small-claims and intellectual-property carve-outs

Either party may bring an individual claim in a small-claims court where you live if the claim qualifies and remains individual. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction when reasonably necessary to prevent actual or threatened infringement, misappropriation, or unauthorized use of intellectual property while the underlying dispute is resolved.

18.4 Class-action and jury-trial waiver

YOU AND ELM CO LLC WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR ARBITRATION. CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM.

If the individual-action waiver is found unenforceable for a particular claim or requested remedy, that claim or remedy—and only that claim or remedy—will be severed and decided by a court after all arbitrable matters are completed, unless applicable law requires otherwise.

18.5 Thirty-day opt-out

You may opt out of this arbitration agreement by emailing legal@morningbasket.app within 30 days after you first accept these Terms. Include the email address associated with your account and a clear statement that you opt out of arbitration. An opt-out applies only to you and does not affect any other provision of these Terms. We will not penalize you for opting out.

19. Governing law and court venue

These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles, except to the extent federal law or the non-waivable law of your place of residence applies. A court proceeding permitted under these Terms may be brought in the state or federal courts located in Tennessee, except where applicable law allows or requires a different forum. You and Elm Co LLC consent to the personal jurisdiction of those courts, subject to the foregoing exception.

20. Changes to these Terms

We may update these Terms from time to time. If a change is material, we will provide reasonable advance notice through the Service, by email, or by another legally permitted method and will state when the revised Terms take effect. Where required, we will request renewed consent. Changes do not apply retroactively unless applicable law permits. If you do not agree to revised Terms, stop using the Service and cancel any subscription before the changes take effect. Your continued use after the effective date constitutes acceptance where legally permitted.

21. Miscellaneous

21.1 Entire agreement

These Terms, the Privacy Policy, and any plan-specific or offer terms presented to you form the entire agreement between you and Elm Co LLC regarding the Service and replace prior agreements or communications on that subject. If plan-specific terms conflict with these Terms, the plan-specific terms control for that plan to the extent of the conflict.

21.2 Severability

Except as specifically provided in the arbitration section, if any provision is found unenforceable, it will be enforced to the greatest extent permitted and the remaining provisions will remain in effect.

21.3 No waiver

A failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated.

21.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or by operation of law, subject to applicable law.

21.5 Force majeure

We are not responsible for delay or failure caused by events beyond our reasonable control, including internet or hosting failures, third-party service interruptions, labor disputes, natural disasters, public-health events, war, terrorism, civil unrest, government action, or utility failures.

21.6 Headings and interpretation

Headings are for convenience only. “Including” means “including without limitation.” The simple version and other summaries aid readability but do not override the detailed provisions.

22. Contact

Questions, legal notices, or arbitration opt-outs may be sent to: legal@morningbasket.app, or write to Elm Co LLC d/b/a Morning Basket, Tennessee, USA.