Terms of Service

Last Updated: February 24, 2025

When you sign up in the FoodDrive app, you will also see role-specific terms (Donor, Volunteer/Rescuer, or Pantry) that apply to your use. Those terms are part of these Terms of Service.

1. Acceptance of Terms & Binding Agreement

By creating an account, accessing, or using the FoodDrive application, website, or services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). The Service is offered by IncenterSoft, LLC. If you do not agree to these Terms, you may not use the Service.

2. Eligibility & Authority

You represent and warrant that (a) you are at least 18 years old, and (b) you have the authority to enter into these Terms on your own behalf or on behalf of the organization you represent, and to bind that organization to these Terms.

3. FoodDrive's Role as a Platform Only

FoodDrive is a technology platform that facilitates connections between donors, volunteers, and food pantries. IncenterSoft, LLC and FoodDrive do not prepare, manufacture, store, transport, own, or take possession of any food items and are not a party to any donation, transportation, or distribution arrangements between users. All food-related activities are carried out solely by users in their own capacities.

4. License to Use the App (EULA)

Subject to your compliance with these Terms, IncenterSoft, LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the FoodDrive mobile application and access the Service solely for your internal business or charitable purposes and in accordance with these Terms. All rights not expressly granted are reserved by IncenterSoft, LLC.

5. User Accounts & Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify FoodDrive immediately of any unauthorized use of your account. FoodDrive and IncenterSoft, LLC are not liable for any loss or damage arising from your failure to secure your account.

6. Prohibited Conduct

You agree not to: use the Service for any unlawful, fraudulent, or harmful purpose; misrepresent the nature, quantity, or condition of food items; interfere with or disrupt the Service or its security features; or reverse engineer, decompile, or otherwise attempt to derive the source code of the Service, except to the extent such restrictions are prohibited by law.

7. Intellectual Property

The Service, including all software, text, graphics, logos, and other content, is owned by or licensed to IncenterSoft, LLC and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service except as expressly permitted in these Terms.

8. Modifications to the Service and Terms

FoodDrive may modify or discontinue all or part of the Service at any time. FoodDrive may update these Terms from time to time. When we do so, we will update the "Last Updated" date at the top of this page and in the app. Your continued use of the Service after any changes become effective constitutes your acceptance of the revised Terms.

9. Privacy

Our collection, use, and disclosure of personal information is described in our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you acknowledge that you have read and understand the Privacy Policy.

10. Severability; No Waiver

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of FoodDrive or IncenterSoft, LLC to enforce any right or provision of these Terms is not a waiver of such right or provision.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

IMPORTANT LEGAL NOTICE: By using FoodDrive, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you must not use our service.

Questions? Contact us at support@fooddrive.app. FoodDrive is offered by IncenterSoft, LLC. These Terms are subject to applicable laws including the Bill Emerson Good Samaritan Food Donation Act.