Terms of Service
Version 2.0 · Last Updated: April 9, 2026
IMPORTANT NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER — THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, AS FURTHER SET FORTH IN SECTION 16 BELOW. THIS MEANS THAT YOU AND FOODALERT ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE FOODALERT PLATFORM.
§1Defined Terms
In these Terms of Service, the following definitions apply:
| "FoodAlert," "Company," "we," "us," or "our" | FoodAlert, LLC, its subsidiaries, affiliates, directors, officers, employees, and agents. |
| "Platform" | The FoodAlert web application, mobile application, and all related functionality, services, and content, including matching algorithms, notification systems, chatbots, and AI-assisted features. |
| "Donor" | Any business, organization, or individual that registers on the Platform to list surplus packaged food products available for donation. |
| "Recipient" | Any registered nonprofit food bank, food pantry, or food assistance organization that uses the Platform to identify and accept donated food. |
| "User" | Any Donor, Recipient, or other individual or organization that accesses or uses the Platform. |
| "Content" | Donation listings, product descriptions, photographs, comments, messages, confirmations, feedback, organizational information, and any other information or materials submitted through the Platform. |
| "Donation Opportunity" | Any listing of surplus food products made available by a Donor through the Platform for potential acceptance by a Recipient. |
| "Donation Transaction" | Any completed or attempted transfer of food products facilitated through the Platform between a Donor and a Recipient. |
| "Matching Algorithm" | The proprietary algorithm(s) used by FoodAlert to connect Donors and Recipients, including sub-components such as the Risk Score defined in Section 7.3. |
| "Risk Score" | The internal platform metric assigned to each Recipient account as one component of the Matching Algorithm, as further described in Section 7.3. |
| "Generative AI Features" | Any artificial intelligence or large language model features capable of generating text, recommendations, matching outputs, or other media. |
| "Terms" or "Terms of Service" | These Terms of Service and all other policies and guidelines posted by FoodAlert on the Platform, as updated from time to time. |
| "you" or "your" | Any User of the Platform and any person who has notice of these Terms. |
§2About FoodAlert
FoodAlert operates a digital platform that connects businesses and organizations with surplus packaged food products ("Donors") to food banks and nonprofit food assistance organizations ("Recipients"). The Platform facilitates the coordination, scheduling, and documentation of food donations.
FoodAlert is not a food bank, food distributor, food safety regulator, or party to any Donation Transaction. We provide technology infrastructure only. All Donation Transactions are conducted directly between Donors and Recipients, and FoodAlert bears no liability for the outcome of any such transaction.
§3Eligibility and Account Registration
3.1 Eligibility
The Platform is available to:
- (a)Businesses and organizations with surplus packaged food products available for donation ("Donors"); and
- (b)Registered nonprofit food banks and food assistance organizations that are tax-exempt under applicable law ("Recipients").
Individual consumers may not register as Donors or Recipients. By registering, you affirm that you are of legal age to enter into these Terms, or that you have obtained appropriate organizational authorization to bind your organization to these Terms.
3.2 Account Registration
To access the Platform, you must create an account and provide accurate, complete, and current information about your organization. You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username, password, and any PIN. FoodAlert is not responsible for any losses arising from unauthorized use of your account. You agree that FoodAlert has no responsibility if you lose or share access to your account or device. For a description of the information we collect during registration and account use, see our Privacy Policy.
3.3 Organizational Authority
By registering, you represent that you have authority to bind your organization to these Terms and that your organization is legally authorized to donate or receive food in your jurisdiction.
3.4 Credential Updates
If your organization's nonprofit status, tax-exempt certification, or Feeding America membership changes, you must update your account information immediately. FoodAlert reserves the right to automatically flag, restrict, or suspend accounts where organizational credentials appear to be lapsed, invalid, or unverifiable, without prior notice.
3.5 Account Restriction and Termination
Your account may be restricted, suspended, or terminated for any reason, at our sole discretion, at any time and without prior notice. We may also, without notice: (i) change, restrict access to, suspend, or discontinue the Platform or any portion of it; and (ii) modify or add requirements applicable to any Platform features or services.
§4Donor Responsibilities
4.1 Food Safety Compliance
Donors are solely responsible for ensuring that all donated food products comply with applicable federal, state, and local food safety laws and regulations, including but not limited to the Federal Food, Drug, and Cosmetic Act and applicable FDA guidelines.
4.2 Accurate Listings
Donors must provide accurate and complete Content for each Donation Opportunity listing, including:
- (a)Product type, quantity, and packaging condition;
- (b)Expiration or best-by dates;
- (c)Storage and handling requirements;
- (d)Known allergens; and
- (e)Pickup availability and location.
4.3 Good Samaritan Act
Donors are encouraged to review the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. § 1791), which provides liability protection for good-faith donations of food and grocery products to nonprofit organizations. FoodAlert does not provide legal advice, and Donors should consult independent legal counsel regarding their liability exposure.
4.4 No Unsafe Donations
Donors may not list food products that are adulterated, misbranded, recalled, or otherwise unfit for human consumption. FoodAlert reserves the right to remove any listing that it reasonably believes presents a food safety risk, without notice and without liability to the Donor.
4.5 Listing Errors
FoodAlert reserves the right to remove or void any Donation Opportunity listing containing inaccurate information — including incorrect quantities, wrong expiration dates, or mislabeled allergens — without liability to either party. Receipt of a match confirmation does not constitute FoodAlert's guarantee of listing accuracy.
§5Recipient Responsibilities
5.1 Nonprofit Status
Recipients must maintain valid nonprofit or tax-exempt status and must use donated food solely for charitable food assistance purposes. Commercial resale, transfer for compensation, or redistribution of donated food for any commercial purpose is strictly prohibited.
5.2 Pickup and Handling
Recipients are responsible for arranging timely pickup of accepted Donation Opportunities and for handling, storing, and distributing donated food in compliance with applicable food safety laws and regulations.
5.3 Confirmation of Receipt
Recipients agree to confirm receipt of donations through the Platform within 48 hours of pickup. Accurate and timely confirmation is required to maintain Platform integrity and support donation recordkeeping. Failure to consistently confirm receipt may negatively affect a Recipient's Risk Score as described in Section 7.3.
5.4 Rejection of Unsafe Food
Recipients retain the right to reject any donated food that does not match the listing description or that they reasonably believe is unsafe for distribution.
§6Platform Transactions and Matching
6.1 No Guarantee of Matches
FoodAlert does not guarantee that any Donation Opportunity listing will be accepted, or that any Recipient will find available donations. The Platform facilitates connections but does not guarantee outcomes, match frequency, or match volume for any User.
6.2 Transaction Disputes
Any disputes between Donors and Recipients regarding the quantity, quality, or condition of donated food are to be resolved directly between the parties. FoodAlert is not a party to Donation Transactions and is not liable for disputes arising from them.
6.3 Cancellations
Users who accept a donation match and subsequently cancel are expected to provide reasonable advance notice through the Platform. Repeated unexplained cancellations may result in account review, suspension, or a downward adjustment to a Recipient's Risk Score.
§7Matching Algorithm, Risk Scores, and Platform Discretion
7.1 Matching Algorithm
FoodAlert uses a proprietary Matching Algorithm to connect Donation Opportunities between Donors and Recipients.
7.2 Non-Disclosure of Algorithm
FoodAlert is under no obligation to disclose the structure, logic, weighting, inputs, outputs, or any other details of the Matching Algorithm to any User, third party, regulator, or other entity. The Matching Algorithm constitutes a proprietary trade secret of FoodAlert. Nothing in these Terms, and no course of dealing or course of performance between FoodAlert and any User, shall be construed as creating any right to access, inspect, or receive an explanation of the Matching Algorithm or any of its components.
7.3 Recipient Risk Score
One component of the Matching Algorithm is a Risk Score assigned to each Recipient account. The Risk Score is an internal Platform metric used to inform matching decisions and may reflect factors including but not limited to pickup reliability, confirmation history, cancellation frequency, account standing, and other operational considerations as determined by FoodAlert in its sole discretion.
- (a)FoodAlert reserves the right to adjust any Recipient's Risk Score — upward or downward — at any time, entirely at FoodAlert's sole and absolute discretion, without prior notice, and without any obligation to provide a reason for the adjustment;
- (b)Risk Score adjustments may affect the frequency, volume, or quality of Donation Opportunities made available to a Recipient;
- (c)FoodAlert is under no obligation to disclose a Recipient's current Risk Score, the factors that contributed to any adjustment, or the methodology by which Risk Scores are calculated or modified; and
- (d)A Recipient's Risk Score is proprietary to FoodAlert and does not constitute personal data subject to access or correction rights except as required by applicable law.
7.4 No Liability for Matching Outcomes
§8Prohibited Conduct
In connection with the Platform, you will not:
| (a) | Submit any Content that is false, fraudulent, inaccurate, misleading, or that misrepresents your organization's identity, nonprofit status, or food product information; |
| (b) | Make available through the Platform any virus, worm, Trojan horse, spyware, or other harmful code intended to damage or hijack any hardware, software, or equipment; |
| (c) | Use the Platform for any commercial purpose not expressly authorized, or for any fraudulent, tortious, or unlawful purpose; |
| (d) | Harvest or collect contact information or organizational data about Users without their express consent; |
| (e) | Scrape, data-mine, or use any robot or automated retrieval application to gather Content or data from the Platform without FoodAlert's express prior written consent; |
| (f) | Interfere with or disrupt the operation of the Platform or networks used to make it available; |
| (g) | Reverse engineer, decompile, or disassemble any portion of the Platform, including any attempt to derive the Matching Algorithm or Risk Score methodology, except where prohibited by law; |
| (h) | Remove any copyright, trademark, or other proprietary rights notice from the Platform; |
| (i) | Impersonate any organization, food bank, business, person, or entity, including FoodAlert or its employees; |
| (j) | Send unsolicited or unauthorized communications, including advertising, spam, or solicitations; |
| (k) | Resell, commercially redistribute, or transfer for compensation any food products received through the Platform as a Recipient; |
| (l) | Restrict or inhibit any other User from using the Platform; |
| (m) | Frame or mirror any portion of the Platform without FoodAlert's express prior written consent; |
| (n) | Attempt to probe, test, or circumvent the Matching Algorithm or Risk Score system through behavioral manipulation or otherwise; or |
| (o) | Attempt, permit, encourage, or assist any third party to do anything prohibited in this Section, or otherwise violate these Terms. |
§9Content, Ideas, and License Grant
9.1 User Responsibility for Content
You are solely responsible for all Content you submit to the Platform. You represent and warrant that: (i) you have the authority to grant the rights in such Content as set forth in these Terms; and (ii) your Content will not violate any applicable law or third-party right. You are responsible for the legality, accuracy, appropriateness, originality, and your ownership rights in any Content you submit.
9.2 License Grant to FoodAlert
By submitting Content to the Platform, you grant FoodAlert a royalty-free, perpetual, irrevocable, worldwide, unlimited, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such Content in any media or medium now known or hereafter developed. FoodAlert may sublicense its rights in Content through multiple tiers. This license includes the right to use Content for operating the Platform, improving the Service, and conducting research as described in Section 10. FoodAlert is under no obligation to maintain any Content in confidence or to pay any compensation for Content.
9.3 Ideas
You further agree that FoodAlert is free to use any ideas, concepts, feedback, or suggestions you provide in connection with the Platform for any purpose, without compensation or attribution.
§10Data Collection, Use, and Academic Research
10.1 Data We Collect
In connection with your use of the Platform, we collect the following categories of data:
- (a)Account and organizational data (name, address, contact information, organization type, tax-exempt status);
- (b)Donation Transaction data (food type, quantity, pickup time, confirmation status, frequency of donations);
- (c)Platform usage data (login activity, search queries, listing views, match acceptance rates); and
- (d)Communications transmitted through the Platform.
10.2 Operational Use of Data
We use collected data to operate, maintain, and improve the Platform, including facilitating matches between Donors and Recipients, calculating and adjusting Risk Scores, providing customer support, detecting fraud or misuse, and sending service-related communications.
10.3 Academic Research Use
Specifically:
- (a)De-identified and aggregated data may be shared with academic researchers under data use agreements that prohibit re-identification;
- (b)No individually identifiable information will be disclosed in any published research without your explicit written consent;
- (c)Research outputs may include peer-reviewed publications, conference presentations, policy reports, and working papers; and
- (d)You may opt out at any time by contacting contact@foodalertgo.com. Opting out will not affect your access to the Platform.
See Section 9 of our Privacy Policy for full details on our research data practices, including IRB oversight, data use agreements, and your opt-out rights.
10.4 Institutional Review
Research conducted using Platform data will comply with applicable research ethics standards, including IRB oversight where required under 45 C.F.R. Part 46.
10.5 Data Retention
We retain transaction and account data for a minimum of five years to support longitudinal research, regulatory compliance, and Platform operations. You may request deletion of your account data subject to our retention obligations under applicable law.
10.6 Third-Party Sharing
We do not sell User data to third parties for commercial or advertising purposes. Data shared with academic research partners is subject to data use agreements requiring confidentiality, de-identification, and use limitations.
10.7 Privacy Policy
Our full Privacy Policy, incorporated herein by reference, provides additional detail on our data practices, your privacy rights, and our data retention and security practices. Material changes to the Privacy Policy are governed by the notice procedures set forth in the Privacy Policy itself.
§11Platform Monitoring Rights
FoodAlert will have the right — but not the obligation — in our sole discretion, to monitor, evaluate, and analyze Content and any use of or access to the Platform, including to determine compliance with these Terms. FoodAlert will also have the right — but not the obligation — to edit, move, remove, or refuse to make available any Content on the Platform, for any reason, without prior notice and without liability. You are solely responsible for any Content you submit, and you agree to indemnify FoodAlert for all claims resulting from Content you submit.
§12Intellectual Property
12.1 Platform Ownership
The FoodAlert Platform, including its software, design, algorithms, Matching Algorithm, Risk Score methodology, and all content produced by FoodAlert, is owned by the Company and protected by applicable copyright, trademark, trade secret, and other intellectual property laws.
12.2 Restrictions
You may not reproduce, distribute, modify, reverse engineer, or create derivative works from any portion of the Platform, including any attempt to derive, replicate, or reconstruct the Matching Algorithm or Risk Score methodology, without our prior written consent.
§13Disclaimers
13.1 Platform Provided "As Is"
13.2 No Food Safety Warranty
13.3 No Guarantee of Availability
13.4 No Warranty Regarding Matching
13.5 Generative AI Features
§14Limitation of Liability
§15Indemnification
You agree to indemnify, defend, and hold harmless FoodAlert and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- (a)your use of the Platform;
- (b)your donation or receipt of food through the Platform;
- (c)your Content;
- (d)your violation of these Terms; or
- (e)your violation of any applicable law or third-party right.
§16Dispute Resolution and Arbitration
16.1 Informal Resolution
Before initiating any formal dispute proceeding arising out of or relating to these Terms, our Privacy Policy, or your use of the Platform, you agree to contact FoodAlert at contact@foodalertgo.com and provide a written description of the dispute. The parties will attempt to resolve the dispute informally for a period of thirty (30) days.
16.2 Binding Arbitration
If the dispute is not resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms, our Privacy Policy, or your use of the Platform shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Columbus, Ohio. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
16.3 Class Action Waiver
16.4 Exceptions
Nothing in this Section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.
16.5 Governing Law
These Terms are governed by the laws of the State of Ohio, without regard to its conflict of law provisions.
§17Modifications to Terms
We may update these Terms at any time. We will notify registered Users of material changes by email or through a prominent notice on the Platform at least fourteen (14) days before the changes take effect. Continued use of the Platform after the effective date of any update constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Platform and close your account. Material changes to our Privacy Policy are governed by the modification notice procedures set forth in the Privacy Policy itself, available at our Privacy Policy.
§18Termination
Either party may terminate these Terms at any time by closing the relevant account. FoodAlert may suspend or terminate your access immediately, without prior notice, if we reasonably believe you have: violated these Terms; endangered food safety; misrepresented your organization's identity or nonprofit status; or engaged in fraudulent, harmful, or abusive activity.
The following Sections survive termination: Section 9 (Content and License Grant), Section 10 (Data Collection, Use, and Academic Research), Section 12 (Intellectual Property), Section 13 (Disclaimers), Section 14 (Limitation of Liability), Section 15 (Indemnification), and Section 16 (Dispute Resolution and Arbitration).
§19General Provisions
19.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and FoodAlert regarding the Platform and supersede all prior agreements and understandings.
19.2 Severability
If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
19.3 No Waiver
Failure by FoodAlert to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.
19.4 No Agency
Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and FoodAlert.
19.5 Contact
Questions about these Terms may be directed to:
FoodAlert Terms of Service — Version 2.0 · April 9, 2026