Terms of Service

1. The agreement

These Terms of Service (the “Terms”) are a contract between Summit Systems LLC, a Nevada limited liability company doing business as Kitchen on Hand (“Summit Systems,” “we,” “us”), and the person or business using Kitchen on Hand (“you”). They cover the Kitchen on Hand web application at app.kitchenonhand.com, the website at kitchenonhand.com, the order pages we host for suppliers, and the emails, notifications and text messages we send (together, the “Service”). Summit Systems is the only party to these Terms on our side: no member, manager, employee or founder of Summit Systems is a party to them personally.

By creating an account, accepting an invitation to join a restaurant’s team, agreeing when you first sign in to a login your restaurant made for you, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you are using the Service on behalf of a restaurant or other business, you confirm that you have the authority to bind that business, and “you” includes that business.

If you don’t agree with these Terms, don’t use the Service.

2. Definitions

• Restaurant — a location set up in the Service. Each location has its own catalog, orders, counts and team.
• Owner — the account that created a Restaurant, or that we later moved it to at the previous Owner’s request. The Owner controls the team, the plan and the data for that Restaurant.
• Team Member — anyone the Owner (or someone the Owner allows) invites to a Restaurant or makes a login for, with a role that decides what they can see and do.
• Restaurant Data — everything entered into or uploaded to the Service for a Restaurant: items, vendors and their contacts, prices, orders, deliveries, waste logs, counts, recipes, calendar tasks, food-safety logs, notices, suppliers’ replies, photos and files.
• Supplier — a vendor a Restaurant orders from, and the people who work for it.
• Plan — a paid monthly or yearly subscription for one or more Restaurants.

3. Who can use the Service

• The Service is for businesses. It isn’t offered for personal, family or household use.
• You must be at least 18 years old, and able to enter a binding contract, to create an account and become an Owner.
• Team Members must be at least 14 years old, or the minimum age to work in a restaurant where they work, if that is higher. No one under 13 may use the Service. An Owner who adds a Team Member under 18 is responsible for making sure that person is allowed to do the work, for any permission or work certificate the law requires, and for following the hour and task limits that apply to young workers.
• The Service is intended for businesses in the United States.
• Export controls and sanctions. You confirm that you aren’t on any US government list of prohibited or restricted parties, that you aren’t located in a country subject to a US embargo, and that you won’t use or export the Service in a way that violates US export-control or sanctions laws.
• You may not use the Service if you have previously been removed from it for breaking these Terms.

4. Accounts and security

• Give us accurate information when you sign up and keep it current. Your email address is how we reach you about your account and your Plan.
• Keep your password to yourself. You are responsible for everything done under your login until you tell us it has been compromised.
• Tell us promptly at the address in Section 26 if you think your account has been accessed without permission.
• Owners are responsible for the Team Members they add, for the roles they assign, for the logins they create for others (including giving that person these Terms and the Privacy Policy), and for removing people who leave. The Service enforces the permissions the Owner sets; it can’t know who should have them.
• One person, one login. Don’t share a login between several people.

5. Free trial

• New Owners receive a free trial of the Service. The length is shown when you sign up and in Settings → Plan & Billing; at the time of writing it is 30 days.
• No payment method is required to start a trial, and nothing is charged during it.
• If you add a payment method during the trial, your Plan starts automatically when the trial ends and your card is charged then — for the monthly or yearly Plan you chose, at the price shown when you added it — and it renews as described in Section 6 until you cancel. You can cancel before the trial ends and nothing will be charged. The page where you add the card says this again, next to the button, and we email you before the first charge.
• One free trial per person or business. We may decline a new trial for an email address (or a variation of one) that has already had one, or for a temporary or throwaway email address.
• When the trial ends without a Plan, the Restaurant becomes read-only: everyone can still sign in, view and export data, but no one can add or change anything until a Plan is started. Nothing is deleted for that reason.
• We may offer a longer trial, a discount code or a different arrangement to a particular Restaurant. Any such offer applies only as we describe it in writing.
• We may change the trial length for new sign-ups at any time; a change doesn’t shorten a trial that has already started.

6. Plans, prices and automatic renewal

• When a Plan starts, we email the Owner its price, billing period, first charge date and how to cancel.
• For a yearly Plan, we email the Owner about 30 days before each renewal (and before the first yearly charge after a trial) with the amount that will be charged and how to cancel. For a monthly Plan that starts after a free trial, we email the Owner about a week before the first charge.
• Prices are shown in US dollars, per Restaurant, per month, or per year on a yearly Plan, before any tax we are required to collect. The current prices are listed on kitchenonhand.com and in the app before you subscribe.
• One Plan covers every Restaurant you own. Adding a Restaurant increases the amount from that moment: on a monthly Plan the rest of the current month is prorated onto your next charge; on a yearly Plan the rest of the current year is charged right away. Removing a Restaurant decreases the amount the same way, and the unused part is credited toward your next charge. The per-Restaurant rate depends on how many Restaurants are on the Plan, as shown on the pricing page.
• The Owner can switch between a monthly and a yearly Plan in Settings → Plan & Billing. The switch takes effect straight away, and the unused part of the current billing period is credited toward the new charge.
• Price changes. We may change prices. For an existing Plan, we will email the Owner at least 30 days before a new price applies. Continuing to use the Service after that date means you accept the new price; you may cancel before then.
• Payments are processed by Stripe. We never see or store your full card number. By subscribing you authorize Stripe to charge your payment method on our behalf, and you agree to Stripe’s terms for that processing.
• Failed payments. If a charge fails, Stripe will email you and retry over the following days. If payment isn’t collected, the Restaurant becomes read-only (Section 5) until it is. We don’t delete Restaurant Data for non-payment.
• Taxes. Prices exclude sales tax and similar taxes. Where we are required to collect tax, it is added to your invoice.
• Disputed charges. If you think a charge is wrong, please email us first (Section 8) — we can usually fix it faster than a card dispute.

7. Promotional codes

• We may give out promotional codes, entered in Settings → Plan & Billing. A free-time code extends your free trial by the period stated (for example 60 days); it can only be used before a Plan starts. A discount code reduces what you pay for your Plan as described when you redeem it — the percentage, and how many payments it covers.
• Each code can be used once per Owner.
• A discount that lasts for a limited time (a first payment, or a number of months or years) applies to monthly Plans only. If you still have free trial left when you subscribe, it starts with your first payment after the trial rather than when you enter it. It doesn’t apply to yearly charges, including after a switch to a yearly Plan.
• Codes can’t be combined, transferred, sold or exchanged for cash unless we say so.
• A code may have a limited number of uses and an expiry date, and we may withdraw a code at any time — for example one issued by mistake or being misused. Withdrawing a code doesn’t take back free time already added to your trial or a discount already applied to your Plan, for the period it was granted.

8. Cancellation and refunds

Cancelling

• The Owner can cancel a Plan online at any time in Settings → Plan & Billing → Manage billing (Stripe’s billing page), or by emailing us. You don’t need to call or talk to anyone. Cancellation takes effect at the end of the billing period already paid for; you keep full access until then, and the Plan is not charged again.
• There is no cancellation fee and no minimum term.

Refunds

• Charges are not refunded for the unused part of a billing period — the rest of the month on a monthly Plan, or the rest of the year on a yearly Plan. Cancelling stops the next charge; it doesn’t reverse the current one.
• If you believe a charge was made in error — for example, a Restaurant you had removed was still billed — email us within 30 days of the charge. We will review it and, where we agree it was our error, refund it.
• Nothing in this section limits refund rights you have under the law of your state that can’t be waived by contract.

After cancellation

• The Restaurant becomes read-only when the paid period ends. You can use the export tools (Section 14) at any time before or after that, and you can restart a Plan later.
• You may ask us to delete a Restaurant and its data at any time (Section 14).

9. Acceptable use

You agree not to, and not to allow anyone using your account to:

• Use the Service to break any law, or to record or manage anything unlawful.
• Try to access another Restaurant’s data, another person’s account, or any part of the Service you haven’t been given access to.
• Probe, scan or test the Service for vulnerabilities, interfere with its operation, or place unreasonable load on it (for example by automated scraping or bulk requests). If you find a security problem, please tell us instead (Section 26).
• Copy, resell, sublicense, rent or provide the Service to third parties.
• Reverse-engineer or copy the Service, or build a competing product using its design or non-public documentation. (Your own Restaurant Data, including anything you export, is yours to take anywhere.)
• Upload anything you don’t have the right to upload, anything containing malware, or anything that infringes another person’s rights, including copyright and privacy.
• Enter health, medical, allergy or other sensitive information about any person, or government ID, bank or card numbers other than a supplier account number in its field.
• Use team notices, invitations, orders, supplier order links or alerts to harass anyone, to send spam, or to send messages the recipient hasn’t agreed to receive. Only save a supplier’s email address or phone number for sending that supplier your orders.
• Sign someone else up for text alerts, or enter a phone number that isn’t yours.
• Misrepresent who you are or which business you represent.

If we reasonably believe an account is being used in breach of this section, we may suspend it while we look into it (Section 23).

10. Restaurant Data: ownership and our license to use it

• You own it. Restaurant Data belongs to you — the business that set up the Restaurant. We claim no ownership of it, including the photos you upload.
• Our license. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, display and transmit Restaurant Data (including photos), only as needed to provide, secure, support and improve the Service for you, to protect the Service from fraud and abuse (including a free trial being restarted under another name), and as described in the Privacy Policy. This license ends when the data is deleted from the Service, except for copies in routine backups, which are overwritten on the backup schedule.
• Your responsibility for it. You are responsible for the accuracy and legality of what is entered, and for having the right to upload it — for example, a supplier’s invoice you received, or a photo you took. You are responsible for the content of team notices, orders and other messages sent through the Service.
• Your team’s and suppliers’ information. You are responsible for having the right to put your Team Members’ and suppliers’ information into the Service, and for giving them any notice, and getting any consent, the law requires — for example telling your staff that their activity in the Service is recorded and visible to managers.
• Access within a Restaurant. Team Members see what their role allows. The Owner decides roles and can see all Restaurant Data. If you are a Team Member, the Owner may view what you entered, including waste logs, counts and notes.
• Aggregated, de-identified data. We may use information about how the Service is used — for example, which features are used most, or how long a count takes on average — in a form that does not identify you, your Restaurant, your suppliers or your prices, to improve the Service. We will not publish your individual prices, vendors or recipes.

11. Data processing terms

This section applies to personal information in Restaurant Data — for example your staff’s names and email addresses and your suppliers’ contact details. For that information you (the business) decide why it is processed, and we process it on your behalf as your service provider (a “processor” or “contractor” under some state laws). We:

• process it only for these business purposes: hosting, storing and showing Restaurant Data to the people you give access to; sending the emails, notifications, texts and orders you or your team direct; support; security, fraud and abuse prevention; billing; and fixing and improving the Service — as these Terms and your use of the Service direct, and as the law requires. These Terms and your settings in the Service are your instructions to us;
• comply with the California Consumer Privacy Act and the other state privacy laws that apply to us as your service provider or processor, and give this information the same level of privacy protection they require;
• don’t sell it, don’t share it for cross-context behavioral advertising, and don’t retain, use or disclose it for any other purpose, or outside our direct business relationship with you;
• don’t combine it with personal information we get from others or collect for ourselves, except as the law allows a service provider to;
• require everyone at Summit Systems who handles it to keep it confidential, and use only the subprocessors listed in the Privacy Policy. Each is bound by a written contract with us to protect it at least as well as this section requires, with two exceptions that are used under the provider’s standard terms rather than a contract negotiated with us: our team’s email is Google’s Gmail, which receives only the support emails you or your team send us and short notices that carry no Restaurant Data beyond a restaurant’s name; and the AI coding tools our team uses to build and fix the Service (Anthropic’s Claude, under Anthropic’s consumer terms with the setting that lets Anthropic train its models on our conversations switched off), which we give the database’s structure and test restaurants rather than your records wherever we can, and which process your records only when a problem can’t be found any other way;
• email Owners before we add a subprocessor that will receive this information. You may object by replying; if we can’t resolve the objection, you may cancel as described in Section 8;
• keep it secure with reasonable measures (Privacy Policy) and tell you without unreasonable delay if we learn of a breach affecting it;
• help you answer your staff’s and suppliers’ requests to know about, correct or delete their information, and pass any such request we receive on to you;
• give you the information reasonably needed to show we meet these obligations — and allow and cooperate with reasonable assessments of our practices, or give you a summary of our controls instead — and let you take reasonable steps to stop and fix any use that breaks them;
• tell you if we decide we can no longer meet our obligations under the privacy laws that apply; and
• delete it (or return it through the export tools first, if you ask) when you delete the Restaurant, subject to backups and to what the law requires us to keep.

The personal information we process this way is the kind listed in the Privacy Policy under “What we collect”, about your staff and suppliers, for the length of time you use the Service. If you need a separately signed data processing agreement, email us.

12. Our intellectual property, and feedback

The Service — its software, design, text, graphics, logos, the Kitchen on Hand name and the Summit Systems name — belongs to Summit Systems LLC or our licensors and is protected by copyright, trademark and other laws. These Terms give you a limited, non-exclusive, non-transferable right to use the Service for your Restaurant while you comply with them. They don’t give you any other rights in it.

If you send us a suggestion, bug report or other feedback (including a screenshot or photo with it), we may use it to improve the Service without any obligation to you, and you agree we don’t owe you anything for it. Don’t include other people’s personal information in feedback.

Stock photos the app suggests for items come from Pexels, Unsplash and spoonacular under those services’ own licenses; they aren’t ours, and using one doesn’t make it yours.

13. Copyright complaints

We respect copyright and expect you to. If you believe something in the Service infringes your copyright, send a notice as described on our Copyright policy page. We will remove material we are notified of as the law requires, and we end the accounts of people who repeatedly infringe.

14. Exporting and deleting your data

• Export. Owners (and Team Members whose role allows it) can export items, vendors, purchase history, waste logs and recipes as spreadsheet files, and the most recent 90 days of food-safety logs, from inside the Service at any time, including while a Restaurant is read-only. Keep your own copies of anything you must hold on to for longer (for example records a health inspector may ask for).
• Deleting a Restaurant. The Owner can delete a Restaurant from Settings. This removes its Restaurant Data, including its photos, from the live Service and from backups on our database provider’s backup schedule. This can’t be undone — export first.
• Deleting an account. Email us to delete your account; we do it within 30 days. If you are the only Owner of a Restaurant, deleting your account deletes that Restaurant too, so export it first, or email us to move it to another Owner. We keep billing records for as long as tax and accounting law requires.
• Inactive accounts. If a Restaurant has had no sign-ins for 18 months and no active Plan, we may delete it after emailing the Owner at least 60 days in advance at the address on file.

15. What the Service does — and what it doesn’t verify

Kitchen on Hand records what your team enters and does arithmetic on top of it. It is a tool to help you run your kitchen; your restaurant stays responsible for its decisions, its food, its orders, its staff and its compliance with the law. Please read this section carefully, because it describes the limits of what the Service can tell you.

Numbers are only as good as what was entered

Costs, inventory values, food-cost percentages, margins, price-increase alerts, usage figures and suggested order quantities are calculated from the quantities your team entered and the prices recorded at receiving. If an entry is wrong or missing, the result is wrong. These figures are tools for running your kitchen; they are not accounting records, tax records, financial advice, or a substitute for your own books.

Food-safety records

Temperature logs, checklists and food-safety tasks in the Service are a record of the checks your team says it performed. Any default ranges or templates are a starting point, not advice for your operation. The Service does not measure temperatures, does not verify that a check was actually done, and does not determine whether food is safe to serve or whether your operation complies with any health code, HACCP plan, regulation or inspection requirement. You remain solely responsible for food safety and for meeting the rules that apply to your business. A completed log in the Service is not a certification of anything.

Allergens, nutrition and ingredients

The Service does not track allergens, nutrition or dietary information, and nothing in it should be relied on for those purposes or shown to a guest as such. Recipe ingredient lists are what you typed in for costing; they may be incomplete or out of date.

Features that use AI

Three features send information to an artificial-intelligence provider (Anthropic) to work, and the app says so where each is used: the item import, which reads items and prices from the photos, PDF or pasted list you choose to have read (an invoice or order guide, for example) — a spreadsheet you upload, and cells copied from a spreadsheet (two or more columns) and pasted in, are read in your browser instead and aren’t sent to the AI provider; the receiving invoice reader, which compares a photo of a delivery invoice against the names and quantities on the purchase order it belongs to; and the optional in-app help assistant, which is sent your question, the conversation so far, your Restaurant’s name and your role so it can answer for your permissions. AI output can be wrong, incomplete or oddly formatted. Everything the item import and the invoice reader produce is shown to you for review before it is saved, and you are responsible for checking it. The help assistant’s answers are not professional advice; don’t rely on them for legal, safety, medical, employment or financial decisions.

Ordering

The Service builds purchase orders and records deliveries. If you choose, it can email an order to the addresses you saved for a supplier, on your behalf and in your restaurant’s name (“Your Restaurant via Kitchen on Hand”), with replies going to you; you authorize us to send it. Review every order before you send it — the items, quantities, delivery date, note and addresses are yours to check, and an order is sent exactly as you approve it. The Service doesn’t know what a supplier actually has, charges or delivers, and it doesn’t guarantee a supplier receives or accepts an order. An order you send can include a private link where the supplier may confirm it or propose changes; a supplier’s reply doesn’t change your order unless you accept it, and anyone who has the link can see that order until the link stops working. Your suppliers’ terms govern those purchases.

Your team

The Service records who did what and when so your team can work together. It is not a timekeeping, scheduling or payroll system, and it doesn’t check that your staffing, hours or tasks meet employment or child-labor laws; that is your responsibility. So is telling your Team Members, where the law requires it, that the Service records what they do in it (for example who checked off an item, logged waste or received a delivery, and when).

Notifications

Email and app alerts (and text alerts where offered) depend on third-party networks and on the recipient’s device settings. Delivery is not guaranteed. Don’t rely on an alert from the Service as your only warning about anything urgent.

16. Third-party services

We use trusted providers to run the Service. Each receives only what it needs for its job, as described in the Privacy Policy: Supabase (database and sign-in), Vercel (hosting), Resend (email), Twilio (text messages, where offered), Stripe (payments), Sentry (error reports), Anthropic (the AI features) and others listed there. We choose them carefully, but they are separate companies with their own terms, and an outage or change on their side can affect the Service.

If you sign in with Google, Google’s own terms and privacy policy apply to your Google account. Payments are handled by Stripe under Stripe’s terms.

The Service may link to other websites. We don’t control them and aren’t responsible for them.

17. Text message (SMS) alerts

Kitchen on Hand Alerts is an optional text-message program from Kitchen on Hand, a service of Summit Systems LLC, for the people who work at a restaurant on the Service. These terms apply if you turn it on.

• What you get: recurring automated operational alerts about the restaurant you work at — for example, an item flagged as an emergency that needs ordering. We don’t send marketing texts.
• How you join: you turn them on yourself under Settings → Notifications → Text alerts, by entering your own mobile number, ticking the consent box, and typing back the code we text to that number. Nobody can sign you up on your behalf, and nothing but the code is sent until you enter it.
• Agreeing is optional. It isn’t a condition of any purchase, or of your job.
• Message frequency varies with your restaurant’s activity.
• Message and data rates may apply.
• Reply STOP to any message to opt out, and you’ll get one text confirming it and nothing after. STOP and replies like it end alerts at once; any other reply asking us to stop, in whatever words, ends them within 10 business days. Or turn text alerts off in the app, which stops them without a text. Reply HELP for help, or email support@kitchenonhand.com.
• If you change your number or give up your phone, turn text alerts off first (or reply STOP) so the number’s next owner doesn’t get your alerts.
• Carriers aren’t liable for delayed or undelivered messages.
• We do not sell or share your SMS opt-in data or personal information with third parties for marketing purposes. See the text messages section of our Privacy Policy.

18. For suppliers: order links

If a restaurant sends you an order through the Service, the email or text may include a private link to an order page. You don’t need an account to use it, and it opens that one order only. By using the page you agree to this section, and to Section 9, Section 20 and Section 21 as they apply to your use of the page.

• What you send — a confirmation, items short or out, a substitute, a price, a delivery date or a note — goes to the restaurant that sent the order and is kept with that order. It doesn’t change the order unless the restaurant accepts it.
• The link is meant for the supplier the order was sent to. Don’t forward it outside your company, and don’t use the page to send anything unrelated to the order.
• Your agreement to supply goods is between you and the restaurant; we aren’t a party to it and don’t guarantee either side’s performance.
• The link stops working when the order is received or cancelled, when the restaurant sends a newer copy or turns the link off, or 30 days after it was sent. We may also turn off a link that is being misused.
• How we handle the information on the page is described in our Privacy Policy.

19. Availability, changes and support

• We aim to keep the Service available around the clock, but it may be unavailable for maintenance, updates or reasons outside our control, including hosting or internet outages. We don’t promise uninterrupted or error-free operation. Keep a paper backup of anything you can’t afford to be without during an outage.
• We improve the Service continuously and may add, change or remove features. If we remove something material to how you use it, we’ll try to give reasonable notice.
• Beta features. We sometimes offer features labelled beta, preview or early access. They are provided as-is, may not work as intended, and may change or be withdrawn at any time without notice.
• Support is by email at the address in Section 26. We answer as quickly as we can but don’t guarantee a response time.
• The walkthrough and inventory-count screens keep working without a connection once they are open, and send their entries when the phone is back online with that screen open. Every other part of the Service needs an internet connection.

20. Disclaimer of warranties

Some states don’t allow the exclusion of implied warranties, so some of the above may not apply to you. In that case, any implied warranty is limited to the shortest period the law allows.

21. Limitation of liability

These limits don’t apply to liability that can’t be limited by law, including liability for our fraud or willful misconduct. Some states don’t allow some of these limits, so some may not apply to you. The limits are part of the price: we couldn’t offer the Service at this price without them.

22. Your responsibility for claims against us

You will defend, indemnify and hold harmless Summit Systems LLC and its members, managers, officers, employees and contractors from any claim, demand, loss or expense (including reasonable attorneys’ fees) brought by a third party and arising from (a) Restaurant Data you or your Team Members entered or uploaded, (b) orders, notices, alerts and other messages sent from your account, (c) your use of the Service in breach of these Terms or of the law, or (d) any dispute between you and your suppliers, employees, customers or a regulator relating to your business. We’ll tell you promptly about any such claim and let you control the defense, provided you don’t settle it in a way that admits fault on our behalf without our consent. This section binds the business that uses the Service, not the individual people who use it on its behalf.

23. Suspension and termination

• By you. You can stop using the Service, cancel your Plan (Section 8), or ask us to delete your account (Section 14) at any time.
• By us, for cause. We may suspend or terminate an account that breaks these Terms, that is used to harm the Service or other users, or that we are required to close by law. Where practical we will tell you why and give you a chance to fix it first, and we will give you a reasonable opportunity to export Restaurant Data unless the law prevents it.
• If we discontinue the Service. If we ever stop offering Kitchen on Hand, we will give Owners at least 60 days’ notice by email and keep export available during that time. Any prepaid fees for the period after discontinuation will be refunded.
• Sections that by their nature should survive — including Section 10 (Restaurant Data), Section 11 (Data processing terms), Section 12 (Our intellectual property), Section 20 (Disclaimer of warranties), Section 21 (Limitation of liability), Section 22 (Your responsibility for claims against us) and Section 25 (Disputes and arbitration) — continue after termination.

24. Changes to these Terms

We may update these Terms as the Service changes. If a change materially affects your rights or obligations, we’ll email Owners at the address on file and show a notice in the Service at least 30 days before it takes effect (sooner only if a change is required by law). Continuing to use the Service after the effective date means you accept the updated Terms. A change to Section 25 never applies to a dispute either of us had already given notice of before the change took effect. The date and version number at the top of this page identify the version you are reading.

25. Disputes and arbitration

Governing law

These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs the agreement to arbitrate below.

Talk to us first

Before either of us starts an arbitration or court case, the one with the dispute sends the other a written notice. Notice to us goes by email to support@kitchenonhand.com with “Legal notice” in the subject line, and must include your name, the email address on your account, a description of the dispute and what you would like us to do about it. Notice to you goes to the email address on your account. We’ll each try in good faith to resolve the dispute within 60 days of that notice. Time limits for bringing the claim are paused while those 60 days run.

Binding individual arbitration

• Rules and place. The arbitration is administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules — or, if you are an individual and those rules say its Consumer Arbitration Rules apply, under those — before a single arbitrator. It takes place in Washoe County, Nevada, or by video or written submissions if the arbitrator allows. Judgment on the award may be entered in any court with jurisdiction.
• Who decides. The arbitrator decides every question about the Dispute, including whether it must be arbitrated, except that a court decides whether the class action waiver above is valid and enforceable.
• Fees. Fees are paid as the AAA’s rules provide. If you are an individual and the filing fee you’d pay is more than the fee to file the same claim in court, we’ll pay the difference. Each side pays its own lawyers unless the arbitrator awards fees as the law allows.
• Exceptions. Either of us may instead bring an individual claim in small-claims court in Washoe County, Nevada, or in the county where you have your business, if it qualifies. Either of us may also ask a court for an injunction to stop unauthorized access to the Service, misuse of it, or infringement of intellectual property, while the Dispute itself is arbitrated.
• 30-day right to opt out. You can opt out of this agreement to arbitrate by emailing support@kitchenonhand.com with “Arbitration opt-out” in the subject line, your name, the email address on your account, and a clear statement that you opt out, within 30 days after you first agree to these Terms (for an account that existed before this version, within 30 days after it takes effect for you). Opting out doesn’t affect any other part of these Terms, and doesn’t end an earlier agreement to arbitrate.
• If arbitration doesn’t apply. If you opt out, if a Dispute falls under an exception, or if this agreement to arbitrate is found not to apply to a Dispute, that Dispute will be brought only in the state or federal courts located in Washoe County, Nevada, and you and we consent to the personal jurisdiction of those courts. You and we each waive any right to a jury trial in those courts, and the class action waiver above still applies (except as the bullet on Team Members under 18 provides), to the extent the law allows. If the class action waiver is found unenforceable for a claim, that claim (and only that claim) goes to those courts, never to class arbitration.
• Accounts from before this version. For an account created before this agreement to arbitrate was added, it applies only to Disputes that arise after it takes effect for that account (see “What changed” at the top), and never to a Dispute already noticed.
• Team Members under 18. This agreement to arbitrate and the class action waiver don’t apply to a Team Member who is under 18 when a Dispute arises; their Disputes go to the courts named above.
• Time limit. Any claim must be brought within one year after it arises, unless a longer period is required by law.

26. General terms and contact

• Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the Service and replace any earlier discussions.
• Order of precedence. If these Terms conflict with the Privacy Policy, these Terms control, except that the Privacy Policy controls on how personal information is handled. If we have made you a written offer under Section 5 (for example a longer trial or a discount), that offer controls on its own subject for as long as it applies.
• Severability. If any part of these Terms is found unenforceable, the rest still applies, and the unenforceable part is replaced by the closest enforceable term.
• No waiver. If we don’t enforce a term right away, we can still enforce it later.
• Assignment. You can’t transfer these Terms or your account without our written consent. If you need to hand a Restaurant to a different Owner, email us and we will arrange it. We may assign these Terms to a successor that takes over the Service; we’ll tell you if that happens.
• No third-party beneficiaries. These Terms are for the benefit of you and us only, and nobody else can enforce them — except that our members, managers, officers, employees and contractors may rely on Section 21 and Section 22.
• Notices. We send notices to the email address on your account, so keep it current. Notices to us must be sent by email to support@kitchenonhand.com with “Legal notice” in the subject line.
• Electronic communications. You agree that we can give you notices, disclosures, invoices and other communications about the Service electronically — by email or by showing them in the Service — and that this satisfies any requirement that a communication be in writing. Agreeing to these Terms by clicking, signing up or using the Service has the same effect as signing them on paper.
• Force majeure. Neither of us is responsible for delays or failures caused by events outside our reasonable control — for example natural disasters, power or internet outages, failures of our hosting or other providers, cyberattacks, strikes, war or government action — as long as we each take reasonable steps to limit the effect. This doesn’t excuse paying for a Plan already used.
• Relationship. We are an independent contractor to you. Nothing here creates a partnership, joint venture or agency.
• Interpretation. Headings are for convenience and don’t affect meaning. “Including” means “including without limitation.” “We may” means we have the right but not the obligation to do something. If these Terms are translated, the English version controls.

Contact: Summit Systems LLC (doing business as Kitchen on Hand), Reno, Nevada. Email support@kitchenonhand.com.