SECNDS LLC TERMS & CONDITIONS

Introduction

By creating an account, making reservations, or engaging with the SECNDS platform through its app or website, both users and businesses (referred to as stores) agree to be bound by these Terms and Conditions. SECNDS is designed to facilitate the rescue and redistribution of surplus food by connecting users with stores, helping to reduce food waste across communities. These terms apply to all interactions on the SECNDS platform, including account creation, reservation processes, pick-ups, and feedback submissions, and are subject to compliance with applicable federal, state, and local laws, with a particular emphasis on California regulations due to our initial operations in that state. These laws include, but are not limited to, the California Health and Safety Code §113700 et seq. (governing food safety) and the California Consumer Privacy Act (protecting user data). As SECNDS expands to other states, additional state-specific regulations will be incorporated to ensure full compliance.

User and Business Responsibilities and Conduct

Account Security

Both users and businesses are responsible for maintaining the confidentiality and security of their SECNDS app or website accounts. This includes creating and using strong, unique usernames and passwords to prevent unauthorized access. If a user or business suspects that their account has been compromised—such as through unauthorized logins or suspicious activity—they must notify SECNDS immediately through the designated support channels available on the app or website. SECNDS reserves the right to temporarily suspend or permanently disable accounts if there is evidence of a security breach or misuse, acting to protect the platform's integrity and the safety of all parties involved.

Accuracy of Information

Users and businesses must provide complete, accurate, and up-to-date information when registering on the SECNDS app or website, making reservations, or listing surplus food items. For users, this includes personal details such as contact information, while for businesses, it encompasses store details, inventory data, and availability schedules. Providing misleading or outdated information—such as falsifying pick-up times or misrepresenting food conditions—may result in account suspension, reservation cancellations, or permanent termination of access to the platform, depending on the severity of the violation.

Respectful Conduct

• Users: Users are expected to treat stores, their staff, and premises with respect and courtesy during all interactions, whether online or in-person. This includes adhering to pick-up guidelines provided by stores, such as arriving on time and following any specific instructions. Disruptive behavior, including but not limited to littering, loitering, or causing disturbances at store locations, is strictly prohibited. Failure to comply may lead to account penalties, such as temporary restrictions, or removal from the platform.

• Businesses: Stores must maintain a professional demeanor when interacting with users, ensuring that staff are trained to handle reservations and pick-ups courteously. This includes responding promptly to user inquiries via the app or website and avoiding any unprofessional conduct. Violations may result in warnings, reduced visibility on the platform, or termination of the business partnership.

Compliance with Laws

Both users and businesses must adhere to all relevant local, state, and federal laws while using the SECNDS platform. In California, this includes compliance with the California Health and Safety Code §113700 et seq., which regulates food handling and safety, and the California Consumer Privacy Act, which governs the collection and use of personal data. Nationally, compliance with the FDA Food Code and other federal regulations is required. Any illegal activity, such as attempting to resell food items outside the platform’s intent or engaging in fraudulent reservations, will result in immediate account termination and may lead to legal action, with SECNDS cooperating fully with law enforcement as necessary.

Store (Business) Partnerships and Obligations

Listing of Bundles

Businesses partnering with SECNDS are responsible for accurately listing surplus food items, referred to as "Bundles," on the app or website. Each listing must include detailed descriptions of the contents (e.g., types of food items), quantity, and condition (e.g., near expiration but still safe), along with any relevant notes about preparation or storage. Listings must be updated promptly to reflect changes in availability, particularly in cases of cancellations, sold-out Bundles, or inventory adjustments, to ensure users have accurate information when making reservations.

Food Safety Standards

Businesses must comply with all applicable food safety laws and regulations, including California’s stringent standards under the Health and Safety Code §113700 et seq. and the FDA Food Code, when preparing, handling, and offering surplus food as Bundles. This means ensuring that all items are safe for consumption, properly stored under appropriate conditions (e.g., refrigeration where required), and within acceptable expiration or best-before dates. SECNDS reserves the right to conduct random inspections or audits—either in-person or through documentation—to verify compliance. Noncompliance, such as offering unsafe or expired food, may result in suspension from the platform or termination of the partnership.

Quality Assurance

Stores are obligated to ensure that the quality of food provided in Bundles matches the descriptions listed on the SECNDS app or website. For example, if a Bundle is described as containing fresh produce, it should not include spoiled items. Users who report discrepancies—such as receiving less food than advertised or items in poor condition—will trigger a review process. Repeated violations may lead to reduced visibility, temporary suspension, or permanent removal from the platform. Businesses are strongly encouraged to include allergen information or other warnings (e.g., "contains nuts") to protect user safety and enhance transparency.

Customer Interaction

Businesses must ensure that their staff interact with users in a professional and courteous manner, whether through the SECNDS app, website, or during in-person pick-ups. This includes responding to user messages promptly and assisting with any issues related to Bundle pick-ups. Any complaints about unprofessional behavior, such as rudeness or refusal to honor reservations, will be investigated by SECNDS, with potential consequences for the business depending on the outcome.

User Responsibilities and Engagement

Reservation and Pick-Up

• Reservation Confirmation: Users must confirm their reservations through the SECNDS app or website to secure a Bundle. This step is critical to reserve the items and notify the store. Unconfirmed reservations may be forfeited to other users, as stores cannot hold items indefinitely.

• Timeliness: Users are expected to arrive at the designated pick-up location within the specified time window provided during the reservation process. Late arrivals may result in the forfeiture of the Bundle, as stores cannot guarantee availability beyond the agreed time due to perishable nature of the items.

• Identification: Users may be required to present a valid form of identification (e.g., driver’s license) or their reservation confirmation (e.g., a QR code from the app) at the time of pick-up. Failure to do so may result in denial of access to the Bundle, ensuring security and proper allocation.

No Resale Policy

Users are strictly prohibited from reselling or distributing Bundles obtained through the SECNDS app or website for commercial purposes. The platform is intended for personal use to support food rescue efforts and reduce waste. Violations of this policy, such as listing Bundles on third-party marketplaces, will lead to immediate account termination and may result in legal action, with SECNDS reserving the right to pursue damages or report to authorities.

Platform Operations

Communication

Effective communication between users, businesses, and SECNDS is essential for a seamless experience. Users should promptly notify stores through the app or website if they cannot complete a reservation or pick-up, while stores must inform SECNDS and users of any changes in availability or issues (e.g., unexpected closures). This ensures transparency and helps avoid misunderstandings.

Dispute Resolution

In the event of disputes or issues—such as disagreements over Bundle contents, pick-up delays, or interactions with stores—users and businesses should contact SECNDS customer support through the app or website. SECNDS will act as a neutral mediator, reviewing evidence (e.g., reservation details, user feedback) to resolve disputes fairly and efficiently, based on these Terms and Conditions.

Feedback Mechanism

SECNDS values input from both users and businesses to enhance the platform. Users are encouraged to share experiences about Bundle quality or pick-up processes, while businesses can suggest improvements to listings or operations. Feedback can be submitted through the designated channels on the app or website, and SECNDS may use anonymized data to implement changes or enhancements, fostering continuous improvement.

Reporting Violations

Users and businesses are encouraged to report any violations of these Terms, including fraudulent activity (e.g., fake reservations), misconduct (e.g., theft of Bundles), or breaches of food safety standards. Reports should be submitted via the SECNDS app or website, and SECNDS will investigate thoroughly. Depending on the findings, actions may include account suspension, termination, or legal action, with SECNDS cooperating with law enforcement if necessary.

Limitation of Liability

Platform Usage

SECNDS provides its app and website services "as is," meaning there is no guarantee of uninterrupted availability. While SECNDS makes reasonable efforts to ensure reliability, it is not liable for technical issues (e.g., app crashes), errors (e.g., listing mistakes), or service interruptions (e.g., server downtime) that may occur, as these are beyond its sole control.

Food Quality Disclaimers

SECNDS works closely with businesses to promote food safety and quality for Bundles, but the ultimate responsibility for the safety and condition of the food lies with the stores. SECNDS is not liable for any health issues, allergic reactions, or other safety concerns arising from the consumption of Bundles, as it does not prepare or handle the food itself.

Indemnification

Users and businesses agree to indemnify and hold SECNDS harmless from any claims, damages, or liabilities arising from misuse of the app or website, violations of these Terms, or any illegal activities conducted through the platform. This includes covering legal costs if SECNDS is sued due to a user’s or business’s actions.