Terms of service

1. The agreement

These terms are an agreement between you and VLFS LLC, an Ohio limited liability company ("we", "us"), which runs Vending Location Finder. By creating an account or using the service, you agree to them. If you use it for a company, you're agreeing for that company and confirming you can.

A few words we use: an operator is a business that places and runs vending machines and uses our software. A host is a business that has, or might have, a machine on its premises. A listing is a host location offered in our marketplace. A placement is a machine installed at a host location.

2. What we provide

Our software finds businesses that could host a machine, identifies the person who makes the decision, sends letters and emails under the operator's own brand, and tracks placements and sales. Our marketplace lets hosts ask for a machine and lets operators reserve those locations.

We connect operators and hosts. We aren't a party to the placement agreement between them, and we don't own, install or service machines.

3. Accounts

• You must be at least 18 and using the service for a business.
• Keep your sign-in details private. You're responsible for what happens under your account, including what your team members do.
• Give us accurate information, including your legal business name and mailing address, and keep it up to date.

4. Your outreach, your responsibility

Letters and emails go out under your brand, and you are the sender. That means:

• You approve your brand kit, letters and email templates before anything is sent, and you're responsible for what they say.
• You must provide a real postal address. We add it to every email.
• You must follow the laws that apply to you, including the CAN-SPAM Act, the Telephone Consumer Protection Act and state laws.
• You won't text, robocall or leave ringless voicemails for anyone who hasn't given the consent the law requires.
• You won't use misleading subject lines, pretend to be someone else, or send mail that looks like a bill or a government notice.
• You won't try to get around opt-outs. Our do-not-contact list applies across every operator on the platform, and you can't override it.

We may pause a campaign that gets too many bounces or complaints, or that we believe breaks these rules.

5. Acceptable use

Don't use the service to:

• Resell, publish or hand out the business or contact information you get from us, or use it for anything other than placing your own machines.
• Upload contact lists you don't have the right to use.
• Harass anyone, or contact a business that asked us to stop.
• Scrape the service, test its security without our written permission, or interfere with how it works.
• Break any law.

6. Fees and revenue share

Your pricing is set out in your order or written agreement with us. Unless that agreement says otherwise:

• Revenue share. Where you pay a share of machine revenue, it is calculated on gross sales from machines placed through the service, using the sales data imported from your machines or payment systems. We may ask for reports to check it.
• Billing. We invoice monthly. Invoices are due within 15 days. If you think an invoice is wrong, tell us within 30 days.
• Late payment. We may pause your account if an invoice is more than 15 days late. Late amounts may carry interest of 1.5% a month, or the highest rate allowed by law if lower.
• After you leave. The revenue share continues for placements that are still live, for as long as they're in place.
• Taxes are your responsibility, other than taxes on our income.

We'll give you at least 30 days' notice of any price change.

7. Marketplace rules

• Listings. We check every listing with the host before it goes live and show when it was last checked. Details like foot traffic and staff counts come from the host and are estimates.
• Reserving. Reserving a listing is free and holds it for you alone for 7 days. During that time we work to introduce you to the host. If nothing moves forward, the reservation ends and the listing goes back on the market.
• Paying. You pay the placement fee shown on the listing when you confirm the deal, not when you reserve.
• No upfront payment. Because you pay only when you confirm, there is nothing to refund if a host backs out before that. Once you confirm, the placement fee is owed even if the placement later ends, since what happens after install is between you and the host.
• Going around us. If we introduce you to a host, you agree not to make a deal with them outside the marketplace to avoid the placement fee for 12 months after the introduction.
• Hosts. Businesses that ask for a machine must give accurate information and have the authority to offer the space.

8. No guarantee of results

We work hard to find good locations, but we can't promise how many businesses will say yes or how much any machine will earn. Sales depend on things outside our control, like the host, the products and the season. Nothing on our site is financial, legal or business advice.

9. Your data

You own the data you bring, like your notes, brand files and sales data. You let us use it to run and improve the service for you. Each operator's data is kept separate from every other operator's.

Our privacy policy explains how we handle personal information. When you leave, you can export your locations, and we delete your account data as described there.

10. Our software

We own the service, its software and its design. We give you a limited right to use it while your account is active. If you send us ideas or feedback, we can use them without owing you anything.

11. Other services

The service works with other providers, such as email delivery, printing and mailing, mapping and your machine telemetry. Their own terms apply to them, and we aren't responsible for their outages or changes.

12. Disclaimers

The service is provided "as is" and "as available". To the extent the law allows, we don't make warranties of any kind, including that the service will be uninterrupted or that business or contact information is complete or current.

13. Limits on liability

To the extent the law allows, neither of us is liable to the other for lost profits or revenue, or for indirect, special or consequential damages. Our total liability for any claim relating to the service is limited to the amount you paid us in the 12 months before the claim arose. These limits don't apply to your payment obligations or your indemnity below.

14. Indemnity

You'll defend and cover us against claims, fines and costs that come from your outreach, your content, your machines and your agreements with hosts, or from your breaking these terms or the law. That includes claims under anti-spam and telemarketing laws relating to your campaigns. We'll tell you about the claim promptly and let you control the defense, but you can't settle in a way that admits fault on our behalf without our consent.

15. Ending the agreement

You can close your account at any time. We can suspend or close an account right away for abuse, non-payment or a serious breach, or with 30 days' notice for any other reason.

When the agreement ends, unpaid amounts are still due, and the sections on fees for live placements, data, liability, indemnity and disputes continue to apply.

16. Governing law and disputes

Ohio law governs these terms. If there's a disagreement, we'll each first try to resolve it in good faith for 30 days after written notice. If that doesn't work, it will be decided in the state or federal courts located in Ohio, and we both agree to those courts. Either of us may bring a claim in small claims court instead.

17. Changes to these terms

We may update these terms. We'll change the date at the top and, for significant changes, email you at least 30 days before they take effect. If you keep using the service after that, the new terms apply. If you don't agree, you can close your account.

18. General

• These terms, plus any order or written agreement with us, are the whole agreement. If they conflict, the signed agreement wins.
• If part of these terms can't be enforced, the rest still applies.
• You can't transfer your account without our consent. We may transfer it as part of a merger or sale.
• Neither of us is responsible for delays caused by events outside our reasonable control.
• We can send notices by email to your account address.

19. Contact

Questions about these terms: email contact@vendinglocationfinder.com or use our contact page. VLFS LLC, Ohio, United States.