Terms of Agreement

Terms and Conditions of Use

Effective Date: 1/17/2025
Last Updated: April 1, 2025

This Terms and Conditions Agreement (“Agreement”) constitutes a binding legal contract between you (“User,” “you,” or “your”) and Snack Hive Corp, a Wyoming corporation with its principal business address at 312 W 2nd St, Unit A3342, Casper, WY 82601 (“Snack Hive,” “Company,” “we,” “us,” or “our”), governing your access to and use of the Company’s website, vending machine products, services, applications, and any related platforms. By accessing, browsing, or utilizing any functionality of the Services (as defined herein), you acknowledge and agree to be bound by the terms, covenants, and obligations set forth in this Agreement. If you do not consent to be legally bound by these provisions, you must immediately discontinue all use of the Services. This Agreement applies to all users, including but not limited to prospective location owners, clients, affiliates, partners, and any party accessing Snack Hive’s digital or physical assets.

1. Definitions

For the avoidance of doubt and to ensure precise interpretation, the following terms shall carry the meanings ascribed herein:

2. Eligibility and Capacity

Only persons who have attained the age of legal majority in their applicable jurisdiction, and who possess full mental and contractual capacity, shall be eligible to enter into and be bound by this Agreement. By utilizing the Services, you affirmatively represent and warrant that you meet such eligibility criteria, and that no legal restriction or disability prevents you from executing binding contracts or managing property and business obligations. If you are accessing or using the Services on behalf of a business entity or organizational client, you additionally represent that you have been duly authorized to bind such entity to these terms and that your actions are within the scope of your agency authority. The Company reserves the right, at its sole discretion, to request proof of identity, age, or authority as a condition precedent to providing or continuing Services. Any violation of this provision may result in immediate suspension or permanent revocation of access to our Services, without refund or notice.

3. Scope of Services

Snack Hive shall provide professional vending machine-related services, including but not limited to the selection, delivery, installation, and ongoing management of vending machines at pre-approved locations. Such services may include restocking of snack and beverage products, technical support, monitoring of inventory levels, and preventative maintenance as necessary to ensure the functionality and cleanliness of the machines. Snack Hive may also offer add-on services such as custom vinyl branding, curated product selections, remote telemetry access, or promotional campaigns tied to user engagement, subject to availability and at additional cost. The Company expressly reserves the right to modify, suspend, or discontinue any portion of its Services, either temporarily or permanently, with or without prior notice, and without incurring any liability to you or to third parties. You acknowledge and agree that no warranty or guarantee is made regarding continuous, uninterrupted access to the Services, and that all obligations are subject to logistical, technical, and commercial limitations.

4. Prohibited Placement Locations

Snack Hive retains full discretion to deny or revoke placement of vending machines in any location that falls within categories deemed incompatible with the Company’s operational, legal, or strategic priorities. Prohibited locations include, but are not limited to, mass transit hubs such as bus or train stations, which pose elevated security, accessibility, and maintenance risks. Similarly, event venues, convention centers, or temporary-use sites are excluded due to high variability in traffic flow, limited operational continuity, and challenges with long-term servicing. Snack Hive also categorically rejects any placement opportunity that mandates a profit-sharing arrangement as a condition of entry unless otherwise negotiated and expressly agreed upon in writing by an authorized officer of the Company. Furthermore, locations that lack reliable access, fail to provide a secure installation environment, or are situated in jurisdictions with unfavorable regulatory conditions may be rejected at the Company's sole discretion, and no justification shall be required for such determination.

5. User Obligations and Warranties

As a condition of using our Services and hosting Snack Hive equipment at any Placement Site, you hereby agree to maintain all machines in a safe, undisturbed, and operable location with continuous access to power and personnel. You further agree to allow reasonable and unhindered access to Company employees or contractors during standard business hours, or at other mutually agreed times, for the purposes of restocking, repairing, inspecting, or removing the equipment. Under no circumstances shall you attempt to open, tamper with, modify, relocate, disable, or deface any vending machine without prior written authorization from Snack Hive. Any such action may be deemed a material breach of this Agreement and shall entitle the Company to seek all available legal and equitable remedies, including but not limited to injunctive relief, monetary damages, and immediate machine retrieval. You agree to notify the Company within twenty-four (24) hours of becoming aware of any vandalism, power outage, theft, equipment failure, or safety issue impacting a machine on your premises.

 

6. Ownership and Intellectual Property

All vending machines, electronic components, physical equipment, and associated hardware provided by Snack Hive remain the exclusive property of Snack Hive Corp, unless expressly transferred by way of a duly executed bill of sale or written equipment lease agreement. Title to and ownership of all intellectual property, including but not limited to digital assets, visual branding, trademarks, service marks, promotional materials, and proprietary software, shall remain exclusively vested in Snack Hive. Nothing in this Agreement shall be construed as granting any license, right, or ownership interest to the User unless specifically and expressly granted in writing by an officer of the Company. Unauthorized reproduction, duplication, alteration, or reverse-engineering of Company-owned assets is strictly prohibited and shall constitute a material breach, entitling the Company to injunctive relief and any other remedies available under law or equity. All goodwill generated by use of Snack Hive’s intellectual property shall inure solely to the benefit of the Company.

7. Revenue Sharing and Compensation

In certain cases, and solely at the discretion of Snack Hive, a revenue-sharing arrangement may be entered into between the Company and the owner of the Placement Site. Such arrangements shall be formalized in a separate written agreement, which shall specify payment intervals, rates, performance thresholds, and accounting procedures. Absent a signed revenue-sharing agreement, no compensation or implied financial benefit shall be owed to the User or site owner. Snack Hive reserves the right to suspend or terminate revenue payments in cases where usage falls below established minimums, where fraud is suspected, or where the location becomes operationally infeasible. All revenue payments are subject to final reconciliation based on verified transaction data and may be adjusted retroactively in cases of error, chargeback, or theft.

8. Fees and Optional Services

Snack Hive may offer optional services including, but not limited to, customized machine wraps, exclusive product curation, location exclusivity, and targeted marketing campaigns. These services are elective in nature and subject to separate pricing schedules which may be amended from time to time at the Company’s sole discretion. Fees for such services shall be invoiced in advance unless otherwise agreed in writing, and failure to remit payment within the specified period shall constitute a default under this Agreement. Snack Hive reserves the right to withhold or suspend the provision of such services in the event of non-payment, site non-compliance, or any breach of contract. No refund shall be provided for unused services once initiated unless otherwise required by law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SNACK HIVE CORP, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This includes, but is not limited to, damages for loss of profits, business interruption, loss of data, theft of inventory, property damage, or personal injury caused by equipment misuse, malfunction, or third-party interference. Snack Hive’s cumulative liability to any User shall not exceed the amount of money paid by such User for the Services in the thirty (30) days preceding the event giving rise to the claim. Any legal action brought against the Company must be initiated within one (1) year of the alleged cause of action or shall be forever barred. The limitations of liability herein shall apply regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise.

10. Indemnification

You agree to indemnify, defend, and hold harmless Snack Hive Corp and its affiliates, officers, agents, and employees from and against any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable attorney’s fees) arising out of or related to: (i) your breach of any term, condition, representation, or warranty contained herein; (ii) your misuse of the Services or any vending equipment; (iii) any claim alleging that your conduct has caused harm, loss, or damage to a third party, including customers, guests, or tenants at your Placement Site; or (iv) violations of any applicable laws or regulations. This indemnity obligation shall survive the termination of this Agreement. Snack Hive reserves the right to assume, at its own expense, the exclusive defense and control of any matter subject to indemnification by you, and you agree to fully cooperate in the defense of such matters. You may not settle any claim without the prior written consent of Snack Hive.

11. Termination of Services

This Agreement may be terminated by either party, with or without cause, upon no less than thirty (30) calendar days' written notice to the other party. Snack Hive may immediately terminate this Agreement without notice if you breach any provision of this Agreement, interfere with the operation of the vending machine, fail to provide access for maintenance, or engage in conduct detrimental to the Company’s brand or operations. Upon termination, all vending equipment and proprietary materials must be promptly surrendered to the Company, and the User agrees to provide full access to remove all such equipment from the Placement Site. Any outstanding financial obligations, including revenue adjustments or damages, shall survive the termination and be due immediately. Termination of this Agreement shall not waive or diminish any rights or remedies available to either party under applicable law.

12. Modifications and Amendments

Snack Hive reserves the unilateral right to update, amend, or modify the terms of this Agreement at any time, for any reason, and without prior notice, except where legally required. Such changes shall be effective immediately upon posting to the Company’s website or distribution via electronic communication. Continued use of the Services following such notice shall constitute your acceptance of the modified terms. You are encouraged to review this Agreement periodically to stay informed of any changes. Should you object to any amendment or update, your sole remedy is to discontinue use of the Services and terminate this Agreement in accordance with Section 11.

13. Third-Party Links and Content

The Snack Hive website or Services may include hyperlinks or references to third-party websites, applications, services, or content not owned or controlled by the Company. Such references are provided solely as a convenience and do not constitute endorsement, sponsorship, or affiliation. Snack Hive makes no representations or warranties regarding the security, accuracy, or legality of third-party content and expressly disclaims all liability arising from your use thereof. Access to third-party platforms is at your own risk, and your interactions with such entities are governed exclusively by their respective terms and privacy policies. Snack Hive shall not be liable for any damages or losses resulting from or in connection with such third-party interactions.

14. Privacy and Data Protection

Snack Hive is committed to protecting your privacy and maintaining the confidentiality of any personal data collected in the course of operating the Services. By using the Services, you consent to the Company’s collection, processing, storage, and use of information in accordance with its Privacy Policy, which is hereby incorporated by reference. We utilize commercially reasonable safeguards to protect sensitive information; however, we cannot guarantee absolute security due to inherent risks associated with digital transmission. Snack Hive reserves the right to disclose personal information to law enforcement or regulatory authorities when required by law or pursuant to valid legal process. You may withdraw consent or request deletion of your data at any time, subject to our need to retain such information for legitimate business or legal purposes.

15. Dispute Resolution and Governing Law

This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Wyoming, without regard to conflict of laws principles. The parties agree to attempt to resolve all disputes through good faith negotiations. If such negotiations fail, the dispute shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Natrona County, Wyoming, and judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs and fees unless otherwise awarded.

16. Severability

If any provision or part of a provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, it shall be severed entirely. The remainder of this Agreement shall remain in full force and effect and shall be construed to give maximum effect to the original intent of the parties. No waiver of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach.

17. Entire Agreement

This Agreement, together with any related agreements, invoices, statements of work, service-level addenda, or Privacy Policy, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous understandings, whether written or oral, relating to the subject matter herein. No oral statements or prior written material not specifically incorporated herein shall be of any force and effect. Any waiver, amendment, or modification of this Agreement must be in writing and executed by both parties.

18. Force Majeure

Snack Hive shall not be deemed in breach of this Agreement or liable for delay or failure in performance resulting from acts beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, governmental regulations, labor disputes, utility failures, pandemics, or supplier delays. In such events, Snack Hive shall be excused from performance for the duration of the event and shall make reasonable efforts to resume Services as soon as practicable.

19. Assignment

You may not assign or transfer this Agreement, in whole or in part, to any third party without the prior written consent of Snack Hive. Any attempt to assign rights or delegate obligations in violation of this provision shall be null and void. Snack Hive may freely assign this Agreement to any successor entity, purchaser, or affiliate without restriction.

20. Contact Information

For legal notices, general inquiries, or support requests, please contact us using the information below:

Snack Hive Corp
312 W 2nd St, Unit A3342
Casper, WY 82601
📞 Phone: (978) 344-2204
📧 Email: support@snackhives.com
🌐 Website: www.snackhives.com