Terms of Service
These terms cover your organization’s use of PantryPOS. They are written to be read, not to be survived. If a clause is unclear, email dale.weaver@0xpi.com and we will explain it plainly — and if it is unclear because it is badly written, we will fix it.
Contents
- Who these terms are between
- What the service is
- Your account and your staff
- Your data stays yours
- Acceptable use
- Trials, fees and invoicing
- Availability and support
- Changes to the service and these terms
- Ending the agreement
- Warranties and disclaimers
- Limitation of liability
- Indemnities
- Events outside our control
- Notices
- What survives
- General
1. Who these terms are between
These terms are an agreement between the operator of PantryPOS (“we”, “us”) and the organization that signed up for an account (“you”, “your organization”). The person who completes signup confirms they are authorised to accept these terms on the organization’s behalf.
PantryPOS is a trading name. The operator’s full legal name and registered address are stated on every invoice we issue, and are available on request before you sign up — email us and we will send them. We would rather you had them than not, and you are entitled to know who you are contracting with.
PantryPOS is independently owned and operated. It is not affiliated with, endorsed by, or operated on behalf of any food bank, charity, government agency or commodity program mentioned anywhere in the product or its documentation.
2. What the service is
PantryPOS is hosted software for running a food pantry: client intake, distribution and checkout, inventory, food-safety records, appointments, volunteers, donors, and the reports these produce. You access it over the internet through a browser. We host it, keep it running, back it up and update it.
PantryPOS is a record-keeping tool, not an authority on your obligations. It helps you produce records for programs such as TEFAP and other USDA commodity programs, and for your own funders. It does not determine whether a household is eligible for a program, and it does not certify that your records satisfy any regulator, funder or auditor. Those judgements remain yours. You are responsible for confirming that what you submit is accurate and complete.
3. Your account and your staff
- You decide who gets an account, and what role they hold. You are responsible for what your users do.
- Staff sign in with a username and a numeric PIN. PINs are stored hashed — we cannot read them, and neither can anyone who obtains a copy of the database. Administrators can additionally enable two-factor authentication.
- Tell people not to share accounts. An audit trail is only useful if a name in it means one person.
- Remove access promptly when someone leaves. Deactivating a user ends their access.
- Tell us at dale.weaver@0xpi.com if you believe an account has been compromised.
4. Your data stays yours
Everything you put into PantryPOS — client records, visits, inventory, donors, volunteers, documents, reports — belongs to your organization. We claim no ownership of it.
We process it only to provide the service to you. Specifically, we do not:
- sell it, rent it, or share it with data brokers or advertisers;
- use your client records to train machine-learning models;
- use it to contact the people in your records for our own purposes;
- disclose it to any other customer of ours — each organization’s data is isolated at the database level.
You can export your data to CSV at any time from inside the product, without asking us. On request we will also provide a complete database export. How we handle personal data as your processor is set out in the Data Processing Addendum, and what we collect about you is in the Privacy Policy.
5. Acceptable use
You agree not to:
- use PantryPOS to store data you have no lawful basis to hold, or to hold personal data for a purpose the people concerned would not expect;
- attempt to access another organization’s data, or probe, scan or test the security of the service without our written permission;
- resell, sublicense or white-label the service without our agreement;
- upload malware, or deliberately overload or disrupt the service;
- use it for anything unlawful, or to discriminate against the people you serve in a way prohibited by law.
If we have to suspend an account for one of these reasons, we will tell you why and, where it is safe and lawful to do so, give you a chance to put it right first.
Responsible disclosure: if you find a security flaw, we want to hear about it. Report it to dale.weaver@0xpi.com. We will not pursue you for good-faith research that stops at proving the issue and does not access other organizations’ data.
6. Trials, fees and invoicing
Free trial
New organizations get a free trial of 30 days with every feature enabled. We do not take a card and nothing bills automatically. When the trial ends, access stops until you choose to continue — your data is not deleted at that moment, and we will contact you before anything is removed (see section 9).
Paid subscriptions
Pricing is per location per month, at the rates published on our pricing section. Larger networks pay a lower rate per site. There is no charge per staff member, per client or per volunteer.
Subscriptions are invoiced. We will agree the plan, the number of locations and the billing period with you in writing before the first invoice. Invoices are due 30 days from issue unless we agree otherwise. If your location count changes, we will adjust from the next billing period — we do not retroactively bill for a site you added mid-month.
If an invoice is significantly overdue we will contact you before restricting anything. We would much rather rework a payment schedule than switch off a pantry mid-distribution.
Tax
Fees exclude any taxes that apply; where tax is due, it is added to the invoice. Washington treats software-as-a-service as a retail sale, so retail sales tax may apply to subscriptions here.
Being a nonprofit does not, by itself, make you exempt — at least not in Washington. This surprises almost everyone, so it is worth stating plainly: the Washington Department of Revenue says that state law “does not give nonprofit organizations a blanket sales tax or use tax exemption”. The exemptions that do exist are narrow — donated goods, qualifying fundraising, particular kinds of purchase — and none of them covers buying software. Rules differ in other states.
If your organization genuinely is exempt, send us the certificate — the exemption or reseller permit issued by your state, with its number and expiry. We will record it and stop charging tax from then on. We cannot act on the statement that you are a nonprofit, because a tax authority will not accept that from us either: without a valid certificate on file, uncollected tax becomes our liability, and we would rather ask you for a document than send you a bill years later.
If a certificate you give us turns out to be invalid or expired, you agree to reimburse us for any tax, interest and penalty assessed as a result. If your exemption lapses, tell us.
7. Availability and support
We aim to keep PantryPOS available at all times and we monitor it continuously, but we do not offer a contractual uptime guarantee at this stage, and we would rather say so than promise a number we cannot yet stand behind.
The product is designed so that a network outage is survivable: the checkout screen keeps working offline and syncs when the connection returns.
Support is by email at dale.weaver@0xpi.com. We aim to respond within one business day, and faster when a pantry is blocked from serving people. Data import help and onboarding are included, not billed separately.
We take nightly encrypted backups and hold them off-site. Backups are for our own disaster recovery; they are not a substitute for exporting data you want to keep permanently.
8. Changes to the service and these terms
We improve the product continuously and will add, change and occasionally remove features. We will not remove a feature you actively rely on without telling you first and, where we reasonably can, offering a replacement.
If we change these terms materially, we will email the billing contact at least 30 days before the change takes effect. If you do not accept the change, you may end the agreement before it applies and we will refund any prepaid fees for the unused period.
9. Ending the agreement
You may stop using PantryPOS and cancel at any time by emailing us. Cancellation takes effect at the end of your current billing period; we do not pro-rate a partial month, and we will not auto-renew you into a period you told us you did not want.
We may end the agreement if you materially breach these terms and do not fix it within 30 days of us telling you.
What happens to your data when it ends
Read this even if you skip the rest. If you take part in TEFAP or another USDA commodity programme, the records you keep in PantryPOS are very likely records you are legally required to retain for three years — 7 CFR § 251.10 requires records to be kept “for a period of 3 years from the close of the Federal Fiscal Year to which they pertain, or longer if related to an audit or investigation in progress”, and federal award records generally carry a comparable three-year rule under 2 CFR § 200.334.
So we will not delete your records on a timer. An earlier version of these terms promised automatic deletion within a set number of days. That was wrong, and deleting on that schedule could have put you in breach of your own obligations. Deletion now happens when you tell us, not when a clock runs out.
- Export. Your data stays available for export for at least 60 days after the agreement ends. Ask and we will extend that; we will not cut it short.
- Then it is archived, not destroyed. After the export period we take your organization out of the live system and hold it in encrypted archive. It is no longer reachable by anyone signing in, and we do not process it for any purpose.
- Deletion happens on your written instruction. Tell us to delete and we will, within 30 days, and confirm in writing what was removed and when. If you tell us to delete data you are still required to retain, we will say so once and then do as you instruct — the retention decision is yours, not ours.
- If we never hear from you, we will contact your billing address before removing anything, and we will keep the archive for at least three years and six months after the agreement ends so that the federal retention period above can run its course. After that we may delete it.
- Backups. Encrypted backups rotate on their own schedule; a deletion instruction removes data from live and archive systems, and it ages out of backups within a further 90 days.
You can also export everything yourself, at any time, while the account is open — no request to us required. The most reliable way to satisfy your own retention duty is to keep your own copy.
10. Warranties and disclaimers
We warrant that we will provide the service with reasonable skill and care, and that we have the right to license it to you.
Beyond that, the service is provided “as is”. To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that the reports it produces will satisfy any particular auditor, funder or regulator.
11. Limitation of liability
Neither party excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded. In particular, nothing in these terms limits or waives any remedy available to you under the Washington Consumer Protection Act (chapter 19.86 RCW) or any other statutory right that cannot be waived by agreement. Where a limitation below is unenforceable under applicable law, it does not apply to that claim.
Subject to that, and to the extent the law allows: neither party is liable for indirect or consequential loss, loss of profits, or loss of goodwill; and our total liability arising out of this agreement in any 12-month period is limited to the greater of (a) the fees you paid us in the 12 months before the claim, or (b) US$500.
You should keep your own exports of data you cannot afford to lose. That is not us disclaiming responsibility for backups — we take them and we test them — it is ordinary prudence with records your program depends on.
12. Indemnities
We will defend you against a third-party claim that PantryPOS itself infringes their intellectual property, and pay any damages finally awarded or agreed in settlement. If we reasonably believe such a claim is likely, we may modify the service, obtain a licence, or end the agreement and refund fees for the unused period.
You will defend us against a third-party claim arising from data you put into PantryPOS that you had no right to hold or process, or from your use of the service in breach of section 5.
In each case the party seeking indemnity must notify the other promptly, allow them to control the defence, and provide reasonable cooperation. Neither party may settle a claim in a way that admits fault on the other’s behalf without their consent.
13. Events outside our control
Neither party is liable for failure or delay caused by something genuinely outside its reasonable control — including a failure of the public internet, a power or telecommunications outage, a natural disaster, or an act of government. This does not excuse payment for service already provided, and it does not apply to a failure we could have avoided by taking the backup and recovery measures we describe in our security overview.
14. Notices
Notices to you go to the billing email address on your account; it is your responsibility to keep it current. Notices to us go to dale.weaver@0xpi.com. Email notice takes effect the next business day. Either party may require notice for a formal legal claim to be sent to a postal address instead, which we will provide on request.
15. What survives the agreement ending
Sections 4 (your data), 9 (ending the agreement), 10 (warranties), 11 (liability), 12 (indemnities) and 16 (general) continue to apply after the agreement ends, along with any obligation to pay fees already incurred.
16. General
- Governing law. These terms are governed by the laws of the State of Washington, USA, and the state and federal courts located there have exclusive jurisdiction.
- Assignment. Neither party may assign this agreement without the other’s consent, except to a successor of substantially all of its business.
- Entire agreement. These terms, the Privacy Policy and the Data Processing Addendum are the whole agreement between us on this subject.
- Severability. If a clause is unenforceable, the rest still stands.
- No waiver. Not enforcing a term once does not waive it.
- No third-party beneficiaries. These terms are between us and you. Nobody else acquires a right to enforce them — including the households whose records you keep, whose rights sit with you as the controller of that data and under the law, not under this contract.
- Publicity. We will not use your organization’s name or logo as a customer reference without asking you first.
Contact
Questions about these terms: dale.weaver@0xpi.com. A postal address for formal notices is available on request.
PantryPOS