Terms of Service

Last updated on July 21, 2025

Introduction
These Terms form a mutually agreed-upon legal contract between you and KRUNCH, INC. (“KRUNCH”). By using the Service, you confirm that you have read, understood, and agree to these Terms. If you do not agree, kindly refrain from using the Service. KRUNCH offers a variety of subscription packages, and these Terms and conditions apply regardless of which package you choose.

Subscription and Cancellation Policy

90-Day Grace Period:
New subscribers are welcome to cancel their subscription within 90 days of activation without penalty. This grace period allows you to explore the service comfortably. After 90 days, the subscription continues for a one-year commitment, which we kindly ask for your understanding that it will be honored.

Automatic Renewals:
Subscriptions will automatically renew at the start of each new calendar year following the initial one-year term, with the exception of the initial 90-day grace period for new subscribers.

60-Day Cancellation Notice:
If you wish to cancel your subscription before renewal, we ask that you provide us with a written notice at least 60 days prior to the renewal date. Please note that cancellations via phone, fax, or other methods cannot be accepted; we appreciate your understanding.

Termination or Pausing of Agreement

You are welcome to terminate or pause this agreement with 60 days’ written notice. Please note that any fees or amounts owed at the time of notice will be payable immediately. Your authorized payment method will be charged accordingly.

Service Overview

KRUNCH offers a subscription-based platform to buyers of bulk foods and supplies, including restaurants and grocery stores (“Buyers”). The Service provides pricing quotes from Vendors of food and supplies, and facilitates purchase agreements on mutually agreed prices. All transactions are directly between Buyers and Vendors; KRUNCH does not act as a party to these contracts.

General Terms

• Changes to these Terms:
  KRUNCH reserves the right to update these Terms by posting revisions on our website. Continuing to use the Service indicates your acceptance of any updates.

• Evolving Nature of Service:
  We may make improvements, modifications, or updates to the Service at any time. If you’re dissatisfied with these changes, we encourage you to discontinue your use of the Service.

Use of the Service

KRUNCH may provide access through the Website, Apps, and other channels as they develop.
All purchase orders between Buyers and Vendors remain agreements directly between the parties. KRUNCH is not responsible for these transactions.

Children

The Service is intended for users aged 18 and older. By using it, you confirm you are at least 18. We do not intentionally gather data from children under 13.

Security and Registration

You agree to keep your login details confidential and to provide truthful, current information when registering. You’re responsible for all activity under your account.

Subscriptions and Billing

• Fees:
  Access as a Buyer requires payment of a subscription fee listed in the Fee Schedule.

• Payment Method:
  You agree to provide a valid credit/debit card and authorize KRUNCH to bill it on a recurring basis based on your selected package. Please keep your payment information up to date.

Prohibited Activities

We kindly ask that you refrain from activities such as creating false identities, transmitting harmful or illegal content, unauthorized advertising, hacking, or interfering with the Service's security. This helps ensure a safe and fair platform for everyone.

Disclaimers

KRUNCH does not guarantee the accuracy, quality, or legality of information, products, or services provided by Buyers or Vendors. Use of the Service is at your own risk, and we waive liability for issues arising from transactions or content.

Intellectual Property Rights

All content on the Service remains the property of KRUNCH or its licensors. You’re welcome to view and use the content for your personal, non-commercial use, but reproduction or modification is not permitted without permission.

Links to Third-Party Sites

Our Service may include links to external sites for your convenience. We are not responsible for their content or safety, so please review their policies before use.

Indemnity

You agree to kindly defend and hold harmless KRUNCH and affiliates from damages or costs arising from your use of the Service, violations of these Terms, or infringement of others’ rights.

Liability Limitations

While we aim to provide a reliable Service, KRUNCH cannot guarantee it will be uninterrupted or error-free. Liability for damages is limited to the amount you paid in the last year, if applicable.

Dispute Resolution

We encourage open and respectful communication and prefer to resolve disagreements amicably. To do so, we ask that disputes be handled through arbitration, which is a more informal process than court and can often be faster and less costly.

How to Start Arbitration:
If you have a concern or disagreement with KRUNCH, please send us a written notice via certified mail, describing the issue and what resolution you’re seeking. If we don’t reach an agreement within 30 days, either of us can proceed to arbitration.

Arbitration Details:
The arbitration will be conducted following the rules of the American Arbitration Association (AAA). This process is designed to be straightforward and can be conducted online, by phone, or via written submissions—whichever works best for you. The arbitrator will be neutral and independent, and their decision will be final.

No Class Actions:
Both you and KRUNCH agree to resolve any claims individually; you won’t be able to bring claims as part of a class or group. If this provision is found unenforceable, then the entire arbitration clause may be reconsidered.

Where a Decision Comes From:
The arbitrator will aim to issue a decision within 120 days of their appointment, with the possibility of a short extension if needed. All proceedings will be kept confidential and records sealed, unless necessary to enforce the arbitration award in court. The laws of Delaware will apply during arbitration, and this process will be governed by the Federal Arbitration Act.

Legal Jurisdiction:
If arbitration isn’t applicable, disputes will be resolved under the laws of Florida, and all related legal actions will be brought in courts located in Lehigh County, Pennsylvania.

Claims and Damages:
In most cases, your remedy will be monetary damages, and the law limits us to a maximum of the amount you have paid in the past year, whenever applicable.

Important Reminder:
If you need to seek any form of legal or equitable relief (like an injunction), those claims can still be filed in court rather than through arbitration.

We believe this approach helps resolve issues fairly and efficiently, and we appreciate your cooperation in following these steps, should any disputes arise.

Improperly Filed Claims. All claims you bring against KRUNCH must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, KRUNCH may recover attorneys’ fees and costs up to $5,000, provided that KRUNCH has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Disputes Between Buyers and Vendors. Any disputes arising between a Buyer and a Vendor following the parties’ use of the Service, such as for breach of a Purchase Order, shall be resolved pursuant to the provisions of any Purchase Order entered between the Buyer and Vendor, if any, or as otherwise permitted by applicable law. To the maximum extent permissible under law, you hereby agree not to join KRUNCH to any litigation between you and any other party to a Purchase Order or to seek discovery or other participation from KRUNCH related to such litigation. If you join or involve KRUNCH in any litigation between you and such other party to a Purchase Order (e.g., through discovery), then you hereby agree to reimburse KRUNCH for all costs incurred by KRUNCH in participating in or responding to such litigation, including outside attorneys’ fees.

MISCELLANEOUS

Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of KRUNCH to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Severability. In the event that any provision of these Terms is held by a court of competent jurisdiction to be void, voidable, unlawful or for any reason unenforceable, in whole or in part, such provision will be deemed and construed to extend only to the maximum permitted by law so as to effectuate the intent of the parties, and the remainder of this Agreement will continue in full force and effect and be enforceable according to its terms.

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by KRUNCH without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void. These Terms will be binding upon and inure to the benefit of the parties hereto, and their permitted successors and assigns.

Force Majeure. KRUNCH will not be in default or otherwise liable for any delay in or failure of its performance under these Terms if such delay or failure arises by any reason beyond its reasonable control, including, but not limited to, any act of God, or any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delays in transportation or communications, or any act or failure to act by KRUNCH, its employees, agents, or contractors.

No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and KRUNCH because of these Terms or use of the Service.

Survival. The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms, including, but not limited to,
Sections (Service Security), (Prohibited Activities), (Disclaimers), (Intellectual Property Rights), (Links to Third Party Sites), (Indemnity), (Limitation of Liability), (Limitations; Basis of the Bargain), (Privacy), (Dispute Resolution), and (Miscellaneous).

Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

Entire Agreement. This is the entire agreement between you and KRUNCH relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, and by a change to these Terms made by KRUNCH as authorized in these Terms.

Disclosures. The services hereunder are offered by KRUNCH. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for this information. If you have any further questions, concerns, or compliments about the Service, please e-mail us at support@iKrunch.com.