Terms of service

1This agreement

These terms are between you and Distinctive Vending LLC, which operates Pinpoint Vending. They apply when you use this site, open an account, or place an order with us. If you do not agree to them, do not use the service.

You are agreeing on behalf of a business. You confirm that you are at least 18, that you have authority to bind the business you name, and that you are ordering for business purposes rather than as a consumer.

The version of these terms you accepted is recorded against your order, with the date and time. That record, not this page, is the agreement between us for that order — so a later change here does not alter a deal you have already struck. See section 17.

2What we do, and what we do not do

What we do. We look for venues that will host your vending machine, we approach them, we negotiate, and we sign a host agreement with the ones that say yes. We present you with qualified locations. When you claim one, we license that space to you and coordinate the installation. Separately, we can place paying advertisers on the screen your machine carries.

What we do not do. We do not sell vending machines. We do not operate your machine, stock it, service it, collect from it, or account for its takings. We do not employ you, partner with you, or enter a joint venture with you. We are not your agent and you are not ours.

We do not guarantee income. What a machine earns depends on the venue, the product, the price, the season, and how well you run it. Any figure we publish is a range drawn from machines already in the field, offered as information and not as a projection of what yours will make. See section 13.

3Your account

Keep your sign-in details to yourself and tell us promptly if you think someone else has them. You are responsible for what happens under your account.

Give us accurate information and keep it current. We make decisions about which venues suit your machine based on what you tell us, and a wrong footprint or power requirement wastes a location that another operator could have used.

4Ordering and placement

When you place an order you tell us the machine you have and the area you want it in. We then search for a venue that fits both.

• What you get shown. We present up to 2 qualified locations, each in writing, and try to reach you by phone or text as well. Each one comes with the venue type, the area, and the revenue share that venue has agreed to, before you decide.
• Answering. You have 3 business days from the day we present a location to accept or decline it in writing. No answer counts as declining, and we may then offer the location to someone else.
• Turning one down. You may decline one location, giving your reason. Your decline adds 60 days to the search, and we will present one more before it ends. A second decline ends the search for that machine and forfeits its deposit, whether you decline in writing or by not answering, and nothing is refunded. If we cannot reach you for 60 days by email, phone and text, we may end the placement and the deposit is forfeited.
• Cancelling. You may cancel a machine’s placement in writing at any time before you sign the match agreement for it. If we have not yet presented you a location for it, the deposit comes back (section 6). Once we have, cancelling counts as a second decline: the deposit is forfeited and the 6-month refund in section 6 no longer applies. A location we withdrew ourselves does not count, and after a venue closes only the locations presented since the closure count. Any cancellation right your state’s business-opportunity law gives you is unaffected.
• More than one machine. Each machine is its own placement, with its own enrollment fee, search, choice of locations, placement fee, term and deposit, and every refund or forfeiture in section 6 is decided machine by machine. Order five, and if we present locations for four within 6 months, the refund for a missed location is owed on the fifth alone; the other four carry on.
• Accepting. You accept a location by signing the match agreement for it. Before you move your machine, check that the location meets its needs — power, footprint, access and connectivity.
• How long it takes. About 3 months on average from order to a signed venue. That is an average of past placements and not a commitment about yours — the binding commitment is the refund in section 6.
• Who signs with the venue. We do. Pinpoint Vending holds the host agreement and licenses the space to you. That is what lets us find you a replacement if a venue closes (section 6).

5What you pay

Fees are in US dollars and exclude any taxes, which are yours to pay. Payments are taken by Stripe; by paying you also accept Stripe’s terms. You authorize us to charge each placement fee, and anything else due, to the card or bank account you give us, every month until everything owed is paid, and you will keep a working payment method on file. If a payment fails we may pause the search or the placement until it clears.

Do not raise a chargeback before talking to us. If you disagree with a charge, email legal@pinpoint-vending.com and we will deal with it. A chargeback raised without contacting us first may lead us to suspend the account while it is resolved.

6The deposit, and how you get it back

The enrollment fee is in two parts: a refundable deposit and a processing fee. The processing fee is earned when you sign and is kept in every case but one — if we do not present you a location in time, everything comes back. All of it is set out here rather than anywhere else, and all of it applies machine by machine (section 4).

If we do not present a location within 6 months, everything comes back

If we have not presented a location within 6 months — counted from when you sign, or from when you send us your machine’s specifications, if that is later — we refund 100% of your enrollment fee, deposit and processing fee alike, within 30 days of your written request. On a Standard location that is all $1,000 back; on a Premium location, all $2,000. Any delay you cause extends the 6 months day for day, and this does not apply where the failure comes from your delay, from inaccurate information, or from a location you declined or did not answer. It is your only remedy if we do not present a location.

You get the deposit back after 12 months

We refund the deposit within 30 days after you have paid 12 consecutive monthly placement fees for the location, provided you are not in default.

You get it back if the placement ends through no fault of yours

If you cancel before we have presented you a location (section 4), or if the venue removes your machine for a reason that is not your fault, we refund the deposit within 30 days and keep the processing fee.

You forfeit it if you leave early, or if the placement ends through you

The deposit is forfeited if you withdraw your machine before 12 months; if the venue removes it because of something you did or failed to do, such as not stocking, cleaning or servicing it, or breaking the venue’s rules; if you fall into default, including a payment more than 10 days late; if a placement ends because you declined a second location or did not answer us; or if you cancel after we have presented you a location (section 4).

If the venue closes

If the venue goes out of business within 6 months of your install, we find you one replacement location in the same area, free of charge. Your placement fee continues through the gap, moving the machine is at your cost, and the months at both locations count once toward the 12. There is no replacement for a closure after 6 months, or for a second closure.

If the venue removes your machine but stays open

We do not find a replacement. Your placement fee stops on the day the machine leaves and the placement ends; the deposit comes back or is forfeited as above, depending on whose fault the removal was. We decide that in good faith from the venue’s written statement, service records, photographs and messages.

Refunds are made to the original payment method within 30 days of becoming due.

7What is yours to handle

The machine is yours and so is the business you run with it. That means you are responsible for:

• the machine itself — buying it, delivering it, installing it, servicing it, and insuring it;
• what you sell in it, and that it is legal, safe and correctly labelled where it stands;
• every license, permit, food-safety registration and sales-tax obligation that applies;
• collecting revenue, paying the venue its share, and your own accounts and taxes;
• keeping the machine in a condition the venue will tolerate. Most host agreements let a venue end the arrangement over a machine left broken or empty.

You will keep liability insurance appropriate to operating a machine in a public place, and show us evidence of it if we ask.

8The advertising program

If you join the advertising program, our media partner, 4 Corners Media, places advertisers on your machine’s screen and you are paid a share of what that screen earns.

• The screen. If your machine has one, we use it. If it does not, we supply one at no cost to you; it remains our property and comes back to us if you leave the program.
• Your machine keeps working. Advertising runs between orders and does not interfere with a sale.
• Your control. You can switch off any category of advertising from your dashboard. Tell us about a specific advertiser you object to and we will have them removed.
• What you earn. Depends on how many people pass the machine. Figures we publish are ranges observed across the network, not a forecast for your screen.
• Machines we place. A machine placed through us displays advertising for as long as it is placed, and you will keep its screen powered, connected and unobstructed. All advertising on it goes through 4 Corners Media and nobody else: you may not sell or run ads on it yourself or through another agency or advertiser, beyond your own name and the products the machine sells. You receive 80% of what we receive from 4 Corners Media for the ads shown on it, paid within 30 days of the end of the month we receive it. We do not guarantee that any advertising will be sold.

9Email and text messages

By opening an account you agree that we may contact you electronically about your order. Those service messages are part of the service and continue while an order is live.

Marketing messages are separate. We send marketing texts only if you ticked a box asking for them, which is never a condition of buying anything. You can stop them at any time by replying STOP or by any other reasonable method — email, phone, or telling any member of our team — and we will stop within 10 business days at the outside. Message frequency varies. Message and data rates may apply.

We keep a record of that consent — the number, the exact wording you were shown, the date and the IP address — because under the TCPA it is for us to prove you agreed, not for you to prove you did not.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Your number and your opt-in are excluded from every disclosure arrangement we have; the clause that says so in full is in section 5 of our privacy policy.

Full details, including hours and frequency, are in section 8 of our privacy policy.

10Acceptable use

Do not:

• use the service for anything unlawful, or to place a machine selling anything unlawful;
• scrape, crawl or bulk-download the site, or try to extract our venue list;
• approach a venue we introduced you to in order to cut us out of the arrangement;
• interfere with the service, probe it for weaknesses, or try to reach another operator’s data;
• misrepresent who you are or what machine you have.

The venue list, the pipeline and the introductions are the product of our own work and cost. Using them to go around us is the one breach we will always act on.

11Intellectual property

The site, the software, our name, our marks and everything we publish belong to us or our licensors. You may use the service as intended and nothing more. Marks belonging to venues, advertisers and manufacturers appear on this site to identify those companies; they belong to their owners and their appearance does not imply any endorsement of us.

12Suspension and ending the agreement

You may close your account at any time. If you have an active placement, the placement fee runs until the machine leaves the location, and section 6 governs the deposit.

We may suspend or end your account if you break these terms, if a payment stays unpaid after we have asked, or if we are required to. Except where the breach is serious or unlawful, we will give you notice and a chance to put it right.

Sections that should survive the end of this agreement do: 10, 11, 13, 14, 15, 16 and 17.

13What we promise, and what we do not

We will provide the service with reasonable care and skill. Beyond that, and to the extent the law allows, the service is provided as is. We do not warrant that the site will be uninterrupted or error-free, that any particular venue will be available, or that a venue will perform as its traffic figures suggest.

14Limitation of liability

Nothing here limits liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot lawfully be limited.

Subject to that, neither of us is liable to the other for lost profits, lost revenue, lost business, or any indirect or consequential loss, even if it was foreseeable.

And subject to that, our total liability arising out of or connected with this agreement is limited to the greater of the total fees you paid us in the twelve months before the claim, or $800.

15Indemnity

You will cover us against claims, losses and reasonable legal costs arising from your machine, what you sell in it, your operation of it, your breach of these terms, or your breach of any law. We will tell you promptly about any such claim, let you conduct the defense, and not settle without your agreement.

16Disputes

Talk to us first

Before starting anything formal, email legal@pinpoint-vending.com setting out the problem and what you want. Most things end here. Both of us agree to try to resolve it this way for 30 days before going further.

Arbitration

If that fails, any dispute arising out of or relating to this agreement will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in the state named below, and conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.

No class actions

Claims will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims. If this paragraph is found unenforceable, the whole of the arbitration agreement is void and disputes go to the courts named below.

Exceptions

Either of us may bring an individual claim in small-claims court, and either of us may ask a court for an injunction to protect intellectual property or confidential information.

Governing law and venue

This agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Where a dispute goes to court rather than arbitration, both of us submit to the exclusive jurisdiction of the state and federal courts sitting in Delaware.

17Changes to these terms

We may update these terms. The version recorded against your existing order continues to govern that order — a change here does not reach back into a deal already struck. For new orders, and for continued use of the site, the current version applies. If a change is material we will give at least 30 days’ notice by email to the address on your account, and you may close your account before it takes effect.

18General

• Entire agreement. These terms, the order you accepted, and our privacy policy are the whole agreement between us on this subject.
• Severability. If any part is unenforceable, the rest stands.
• No waiver. Not enforcing something once does not mean giving it up.
• Assignment. You may not transfer this agreement without our written consent. We may transfer it to an affiliate or to a buyer of the business.
• Force majeure. Neither of us is liable for failures caused by events outside our reasonable control.
• Notices. To you, by email to the address on your account. To us, to the address below.