Terms of Service — version 2 (previous)

1. The agreement

These Terms of Service (the “Terms”) are a contract between Summit Systems LLC, a Nevada limited liability company (“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, and the notifications we send you (together, the “Service”).

By creating an account, accepting an invitation to join a restaurant’s team, or 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 invites to a Restaurant, 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, prices, orders, deliveries, waste logs, counts, recipes, calendar tasks, food-safety logs, notices, photos and files.
• Plan — a paid monthly or yearly subscription for one or more Restaurants.

3. Who can use the Service

• You must be at least 18 years old to create an account and become an Owner.
• Team Members must be at least 16 years old. An Owner who invites a Team Member under 18 is responsible for making sure that person is permitted to work in the kitchen and to use workplace software.
• 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 23 if you think your account has been accessed without permission.
• Owners are responsible for the Team Members they invite, for the roles they assign, 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.
• 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.
• 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

Automatic renewal disclosure. A Plan is a monthly or yearly subscription. It renews automatically at the end of each billing period — each month on a monthly Plan, each year on a yearly Plan — and your payment method is charged the then-current price for your number of Restaurants until you cancel. For a yearly Plan, we email the Owner about 30 days before each renewal with the amount that will be charged and how to cancel. You can cancel at any time as described in Section 8.

• 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.

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 at any time in Settings → Plan & Billing (which opens the Stripe billing portal), or by emailing us. 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 export Restaurant Data 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 12).

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).
• 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.
• Use team notices, invitations or alerts to harass anyone, or send messages the recipient hasn’t agreed to receive.
• 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 20).

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.
• Our license. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, display and transmit Restaurant Data, only as needed to provide, secure, support and improve the Service for you, 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 and other messages sent through the Service.
• 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. Our intellectual property

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 or feedback, we may use it without any obligation to you, and you agree we don’t owe you anything for it.

12. 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 from inside the Service at any time, including while a Restaurant is read-only.
• Deleting a Restaurant. The Owner can delete a Restaurant from Settings. This removes its Restaurant Data from the live Service immediately and from backups on our hosting provider’s backup schedule. This can’t be undone — export first.
• Deleting an account. Email us to delete your account. 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.

13. 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. 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, 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, 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. 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, 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. 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: the photo import, which reads items and prices from a photo of an invoice or order guide; 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 photo import and the invoice reader produce is shown to you for review before it is saved, and you are responsible for checking it. Don’t rely on the help assistant for legal, safety, medical 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 name, with replies going to you. It 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.

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.

14. 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) and Anthropic (the AI features). 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.

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

15. Text message (SMS) alerts

Kitchen on Hand, a service of Summit Systems LLC, offers optional text alerts to the people who work at a restaurant on the Service. These terms apply if you turn them on.

• What you get: 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 and ticking the consent box. Nobody can sign you up on your behalf.
• Message frequency varies with your restaurant’s activity.
• Message and data rates may apply.
• Reply STOP to any message to opt out, or remove your number in the app. Reply HELP for help, or email support@kitchenonhand.com.
• 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.

16. 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 23. 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 and send their entries when one returns. Every other part of the Service needs an internet connection.

17. 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.

18. 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.

19. Your responsibility for claims against us

You will defend, indemnify and hold harmless Summit Systems LLC and its members, 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) your use of the Service in breach of these Terms or of the law, or (c) 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.

20. Suspension and termination

• By you. You can stop using the Service, cancel your Plan (Section 8), or ask us to delete your account (Section 12) 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 (Our intellectual property), Section 17 (Disclaimer of warranties), Section 18 (Limitation of liability), Section 19 (Your responsibility for claims against us) and Section 22 (Governing law and disputes) — continue after termination.

21. 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. The date and version number at the top of this page identify the version you are reading.

22. Governing law and disputes

• These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws rules.
• Talk to us first. Before either of us starts a formal proceeding, 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 30 days of that notice. The one-year period below is paused while those 30 days run.
• Any claim that isn’t resolved that way will be brought in the state or federal courts located in Washoe County, Nevada, and you and we consent to the personal jurisdiction of those courts. A claim that qualifies may instead be brought in small-claims court.
• Any claim must be filed within one year after it arises, unless a longer period is required by law.
• You and we each waive any right to a jury trial, and agree to bring claims only in an individual capacity and not as a plaintiff or class member in any class or representative action, to the extent the law allows such waivers.

23. 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. Nobody else can enforce them.
• 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. Postal mail is not a valid way to give us notice under these Terms.
• 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.
• 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.

Contact: Summit Systems LLC is based in Reno, Nevada. Email support@kitchenonhand.com.