Terms of Service

Last updated: January 1, 2026

These Terms of Service ("Terms") govern the relationship between ThriveBreak ("ThriveBreak," "we," "us," or "our") and the business or organization ("Client," "you," or "your") that agrees to host one or more ThriveBreak vending machines at its premises.

By signing a ThriveBreak Location Agreement or by allowing a ThriveBreak machine to be installed at your premises, you agree to these Terms.

Plain English summary: We install a brand new smart vending machine at your location at no cost. We cover the machine, inventory, service, and electricity. You provide the space. Your employees get fresh snacks at fair prices.

1. The Service

ThriveBreak provides smart vending services for offices, warehouses, and similar commercial spaces in New Jersey. The service includes:

The machine remains the sole property of ThriveBreak at all times. ThriveBreak is responsible for its operation, insurance, and maintenance.

2. Your Responsibilities

To receive the service, you agree to:

3. Installation and Setup

After both parties sign the Location Agreement, ThriveBreak will install the machine at your premises within approximately one (1) week. Installation takes approximately 30 minutes.

The first month of operation is not shared with the Client. This first month covers shipping, setup, and initial inventory for the Grand Opening Week promotion.

4. Electricity Coverage

Our machines are Energy Star certified and draw less than 1,500 kWh/year - approximately $18–22/month in New Jersey commercial rates.

Founding Clients (the first 10 NJ locations) receive a fixed $25/month credit from ThriveBreak to cover electricity costs. This credit:

5. Grand Opening Week Promotion

ThriveBreak may offer a promotional discount (typically 50% off all items for the first 7 days) at the start of service. When offered:

6. Restocking, Maintenance, and Uptime

Weekly Service

ThriveBreak will visit your premises at least once per week to restock products, clean the machine, and verify functionality.

Response Time

ThriveBreak will respond to any reported malfunction within twenty-four (24) hours of notice from you.

Repair or Replacement

If the machine cannot be repaired on site, ThriveBreak will replace it within five (5) business days.

7. Products and Pricing

The initial product mix is approximately 60% traditional bestsellers and 40% healthy options. You may request changes to the product mix at any time. We will accommodate reasonable requests where commercially feasible.

Product pricing is set at fair, reasonable levels and is not marked up like airport or event vending. Pricing may be adjusted annually to reflect inflation or supplier cost changes, with 30 days' notice to you. All products comply with applicable federal, state, and local health and safety regulations.

8. Exclusivity

During the term of your agreement, ThriveBreak has the exclusive right to provide vending services at the premises. You agree not to permit any third-party vending operator to install or operate equipment at the same premises without ThriveBreak's prior written consent.

9. Insurance and Liability

ThriveBreak's Insurance

ThriveBreak maintains commercial general liability insurance covering the operation of the machine and the products dispensed.

Indemnification by ThriveBreak

ThriveBreak will indemnify, defend, and hold harmless the Client from any third-party claims arising from ThriveBreak's negligence, the operation of the machine, or the products dispensed.

Indemnification by Client

The Client will indemnify, defend, and hold harmless ThriveBreak from any claims arising from the Client's negligence, intentional damage to the machine, or misuse of the premises.

Damage to Machine

Normal wear and tear is on ThriveBreak. Intentional damage or vandalism by your employees or agents is your responsibility.

10. Term and Cancellation

The initial term is twelve (12) months. After that, the agreement renews automatically for successive twelve (12) month periods unless either party provides written notice of non-renewal.

You may cancel at any time with thirty (30) days' written notice. No penalties. No early termination fees. ThriveBreak will remove the machine within seven (7) business days of the cancellation date.

ThriveBreak may cancel with sixty (60) days' written notice, or immediately upon your material breach (including failure to provide access or utilities).

11. Sales Tax

ThriveBreak handles all sales tax collection and remittance. You do not need to manage sales tax for the machine.

12. Limitation of Liability

To the maximum extent permitted by law, ThriveBreak's total liability to you under these Terms shall not exceed the direct damages proven, and shall not include indirect, incidental, special, consequential, or punitive damages.

13. Privacy

Our collection and use of personal information is described in our Privacy Policy. By using the service, you consent to that policy.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of laws principles.

Any dispute will first be addressed through good-faith negotiation between the parties. If unresolved within thirty (30) days, the parties agree to submit to non-binding mediation in Somerset County, New Jersey, before pursuing any other remedy.

15. Changes to These Terms

ThriveBreak may update these Terms from time to time. Material changes will be communicated to active Clients by email at least thirty (30) days before they take effect. Continued use of the service after that date constitutes acceptance of the updated Terms.

16. Contact

Questions about these Terms of Service?