Nightwatch.

Terms of Service

Last updated: March 21, 2026

These Terms of Service ("Terms") govern your use of the NightwatchMarket platform ("Platform"), operated by NightwatchMarket ("we," "our," or "us"). By creating an account or using our services, you agree to these Terms.

1. Platform Description

NightwatchMarket is a food rescue marketplace that connects food businesses (donors/sellers) with nonprofit organizations (recipients). The Platform facilitates:

  • Listing and claiming surplus food donations.
  • Automated tax documentation for charitable food donations.
  • Inventory management via Square POS integration (Pro tier).
  • Fair market value estimation for donated goods.

2. Account Registration

  • You must be at least 18 years old and able to form a binding contract.
  • You must provide accurate and complete registration information.
  • You are responsible for maintaining the security of your account credentials.
  • You must promptly notify us of any unauthorized account access.
  • One person may operate accounts for multiple organizations, but each organization account must be separate.

3. User Roles and Responsibilities

3.1 Donors/Sellers

  • You represent that all food listed complies with applicable food safety regulations.
  • You are responsible for accurate descriptions of food condition, quantity, and expiration dates.
  • Perishable food listings require acceptance of the Food Safety Agreement.
  • You are responsible for proper food handling and storage until pickup.
  • Tax documentation generated by the Platform is for informational purposes. You should consult a tax professional.

3.2 Nonprofit Recipients

  • You must be a registered 501(c)(3) organization with a valid EIN.
  • You must provide accurate organizational information including your EIN.
  • You are responsible for timely pickup of claimed food items.
  • You are responsible for proper food handling after pickup.

4. Food Safety and Liability

4.1 Bill Emerson Good Samaritan Food Donation Act

Food donations made through the Platform are intended to be covered by the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791), which provides liability protection for good faith food donors and nonprofit recipients, except in cases of gross negligence or intentional misconduct.

4.2 Platform Role

NightwatchMarket is a technology platform that facilitates connections between donors and recipients. We do not take physical possession of, inspect, or handle any food items. We are not responsible for the quality, safety, or condition of donated food.

4.3 Food Safety Compliance

  • Donors must comply with all applicable federal, state, and local food safety laws.
  • Perishable items must be stored at appropriate temperatures until pickup.
  • Expired or recalled food must not be listed on the Platform.
  • We reserve the right to remove listings that appear to violate food safety standards.

5. Subscription and Payments

5.1 Free Tier

The free tier provides access to food donation listing, nonprofit matching, and basic tax documentation at no cost.

5.2 Pro Tier

  • Pro subscriptions are billed monthly via Stripe.
  • You may cancel at any time; access continues through the end of the billing period.
  • Refunds are available within 14 days of initial subscription only.
  • We may change pricing with 30 days written notice.

6. Intellectual Property

  • The Platform, its design, features, and content are owned by NightwatchMarket.
  • You retain ownership of content you submit (listings, images, descriptions).
  • By posting content, you grant us a non-exclusive license to display it on the Platform.

7. Prohibited Conduct

You agree not to:

  • List food that is unsafe, expired, recalled, or not fit for consumption.
  • Misrepresent the condition, quantity, or nature of food items.
  • Create false or misleading listings.
  • Use the Platform for commercial resale of donated food.
  • Attempt to circumvent security measures or access controls.
  • Scrape, crawl, or automate access to the Platform without permission.
  • Use the Platform to launder money or commit fraud.
  • Harass, threaten, or abuse other users.

8. Tax Disclaimer

Tax documentation, fair market value estimates, and deduction calculations provided by the Platform are for informational and record-keeping purposes only. They do not constitute tax advice. You should consult a qualified tax professional regarding the deductibility of your charitable contributions. NightwatchMarket is not responsible for the accuracy of tax filings made based on Platform-generated documents.

9. Limitation of Liability

To the maximum extent permitted by law, NightwatchMarket shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Platform. Our total liability for any claim shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless NightwatchMarket, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Platform, your violation of these Terms, or your violation of any rights of a third party.

11. Dispute Resolution

  • These Terms are governed by the laws of the State of California.
  • Disputes shall first be resolved through good faith negotiation.
  • If negotiation fails, disputes shall be resolved through binding arbitration under AAA rules.
  • Class action waiver: You agree to resolve disputes individually, not as part of a class action.
  • Small claims court: Either party may bring claims in small claims court.

12. Termination

  • You may delete your account at any time through account settings.
  • We may suspend or terminate accounts that violate these Terms.
  • Upon termination, your right to use the Platform ceases immediately.
  • Data subject to legal retention requirements may be retained per our Privacy Policy.

13. Changes to Terms

We may modify these Terms at any time. We will notify registered users of material changes via email or Platform notification at least 30 days before they take effect. Continued use after changes take effect constitutes acceptance.

14. Contact

For questions about these Terms, contact us at legal@nightwatchmarket.com.