Effective as of your registration or first use of the Service. By creating an account or using the Service, you agree to these Terms.
1. Agreement to These Terms
These Terms of Service (“Terms”) are a binding agreement between you (“you” or your business) and Genius Food Purchasing (“we,” “us”). They apply to your use of the Genius Food Purchasing platform (the “Service”). If you don’t agree to these Terms, you may not use the Service. We may update these Terms from time to time by posting the revised version at geniusfoodpurchasing.com/terms-of-service; continued use after an update means you accept the changes.
2. Your Account
- You must be at least 18 (or the age of majority where you live) to use the Service. It is not intended for anyone under 18, and we don’t knowingly collect information from children under 13.
- You’ll provide accurate business and contact information to set up your account, and keep it current. We may reject or cancel an account for any reason, at our discretion.
- You’re responsible for keeping your login credentials secure and for all activity on your account, whether by you, your employees, or anyone you share access with.
- You’re responsible for correctly reviewing and confirming item matches during setup and ongoing use. We are not liable if incorrect item matching results in the wrong product being ordered or delivered.
- We may suspend or terminate your account if you materially breach these Terms.
3. Fees & Payment
- A one-time setup fee applies and is non-refundable.
- Ongoing fees are either a percentage of the savings we calculate on your food spend, or a flat monthly fee, as agreed with you. Fees during a free trial period don’t begin until the trial ends.
- Unless otherwise stated, fees and terms apply for each business location.
4. Purchase Orders Are Between You and Your Vendors
The Service helps you compare pricing across distributors — it does not buy, sell, or deliver food products. Every purchase order is a direct transaction between you and the vendor. We are not a party to it and have no liability for a vendor’s performance, non-performance, product quality, or any dispute arising from it. You agree not to name us in, or seek discovery from us regarding, any dispute between you and a vendor; if you do, you agree to reimburse our reasonable costs (including legal fees) of participating.
5. Vendor Portal Access & Third-Party Sites
The Service may access or interact with third-party websites and platforms, including your food distributors’ online ordering portals (“Third-Party Sites”), on your behalf and at your direction, to retrieve pricing, product, and order-history data supporting the Service’s comparison functions.
Your authorization
You represent and warrant that you have full authority over the login credentials for any Third-Party Site you provide or grant us access to, and you expressly authorize Genius Food Purchasing — including our automated systems — to access those accounts solely to view and retrieve pricing, product, and purchase-history information.
Scope of access
We will not use that access to place orders, modify your account, or take any action beyond what is necessary to provide the Service, unless you separately authorize it.
Your responsibility for third-party terms
Your relationship with each Third-Party Site, and your compliance with its own terms of service (including any terms governing credential sharing or automated access), is solely your responsibility. You are responsible for determining whether granting us access is consistent with your agreements with each Third-Party Site. We make no representation about whether such access complies with a given Third-Party Site’s terms.
No liability for account disruption
We are not liable for any suspension, termination, rate-limiting, or other action a Third-Party Site takes against your account as a result of the access you’ve authorized under this section.
Notice and revocation
If any Third-Party Site notifies you or us that it objects to or has restricted our access to your account, you agree to promptly notify us. We may immediately stop accessing that account without liability to you for any resulting gap or delay in the Service’s price comparisons.
6. No Warranty on Products or the Service
The Service and any information, pricing, or product data made available through it are provided “as is” and “as available,” without any warranty of any kind, express or implied — including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the accuracy, reliability, or availability of product or pricing information, which comes from third-party vendors and is their responsibility, not ours. We don’t guarantee the Service will be uninterrupted or error-free. Your use of the Service, and any products or information obtained through it, is at your own risk. If you’re unhappy with the Service, your only remedy is to stop using it.
7. Limitation of Liability
To the maximum extent the law allows, Genius Food Purchasing and its partners will not be liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits, lost data, or loss of use — arising from your use of, or inability to use, the Service, even if we’ve been advised such damages were possible. These limits reflect a reasonable allocation of risk between us and are a fundamental part of our agreement with you; without them, we could not offer the Service on these terms.
8. You Agree to Indemnify Us
You agree to defend, indemnify, and hold harmless Genius Food Purchasing, its affiliates, and their officers, employees, and agents from any claims, damages, costs, or legal fees arising from: (a) your breach of these Terms; (b) your purchase or use of any product, information, or service accessed through the Service; (c) your misuse of the Service; or (d) any claim brought by a distributor, vendor, or other Third-Party Site arising from our accessing their systems using credentials or authorization you provided under Section 5. We may take over the defense of a claim at your expense if we reasonably believe your defense is inadequate, and you agree not to settle any such claim without our written consent.
9. Our Intellectual Property & Your Data
- The Service, its software, trademarks, and content belong to Genius Food Purchasing. Nothing in these Terms gives you rights to reproduce, resell, publicly display, or create derivative works from the Service or its content, or to reverse-engineer or copy the software.
- We’ll use your account information and vendor access solely to provide the Service, and will keep it confidential — we won’t share it with third parties except as needed to operate the Service or as required by law.
10. Acceptable Use
You agree not to: misrepresent your identity; upload unlawful, harmful, or infringing content; attempt to gain unauthorized access to the Service or other users’ data; interfere with or disrupt the Service’s operation (including via bots, scraping, or malicious code); or use the Service for any purpose other than managing your own food purchasing. Violating this section, or any applicable law, may result in immediate termination.
11. Term & Termination
These Terms apply from your first use of the Service until it ends. You may stop using the Service at any time, for any reason, without notice. We may terminate your access at our discretion if you breach these Terms; if we end your Service for another reason, you’ll be refunded for any unused, pre-paid portion of your subscription.
12. Disputes, Class Action Waiver & Governing Law
These Terms are governed by the laws of the State of Alaska, and any dispute will be brought exclusively in the state or federal courts in Anchorage, Alaska. You and Genius Food Purchasing each waive the right to a jury trial and agree to bring claims only individually — not as part of a class action or representative proceeding. Any claim relating to these Terms must be brought within one year of when it arises, or it is permanently barred. In the event of a dispute, your remedy is limited to monetary damages as described in Section 7 — you agree you are not entitled to seek an injunction or other equitable relief against us.
13. Copyright Claims
We comply with the Online Copyright Infringement Liability Limitation Act (17 U.S.C. § 512) and will remove infringing content when properly notified. We may terminate your Service at our discretion upon receiving an infringement notice, and will terminate an account after three such notices, even if earlier issues were resolved.
To report infringing content, send a written notice to admin@geniusfoodpurchasing.com or by certified mail to Genius Food Purchasing, 2420 Muldoon Rd., Unit 211852, Anchorage, AK 99504, including: identification of your work and the infringing material, your contact information, a signed good-faith statement that the use isn’t authorized, and a statement under penalty of perjury that you’re authorized to act on the rights owner’s behalf. If your own content is removed on someone else’s claim, you may submit a counter-notification meeting the same statute’s requirements to have it reinstated.
Anyone who knowingly misrepresents that material is infringing, or that it was removed by mistake, is liable for the resulting damages and legal fees. We will pursue damages against anyone who submits a false infringement claim.
14. General
This is the entire agreement between us regarding the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a right isn’t a waiver of it. Neither of us is liable for delays caused by events outside our reasonable control. Nothing here creates a partnership, joint venture, or employment relationship between us. Sections that by their nature should survive termination — including vendor portal access, confidentiality, IP, disclaimers, indemnification, and limitation of liability — will continue to apply after these Terms end.
Questions about these Terms? Contact support@geniusfoodpurchasing.com.