Terms of Service

1. Who can use Night Aisle

You must be at least 18 years old, or the age of majority where you live, and able to form a binding contract to create an account or place an order. Night Aisle does not sell alcohol, tobacco, cannabis, or other age-restricted products, and we do not verify age at delivery for that reason.

2. Delivery area and availability

We currently deliver only within Pullman and the WSU campus (ZIP codes 99163 and 99164), during the hours shown in the app. We may change our delivery area, hours, or product availability at any time without notice, and we may decline or cancel an order for any reason, including where an item is out of stock after you order.

3. Orders, pricing, and payment

• A minimum merchandise subtotal applies to every order, shown at checkout before delivery fees and tax.
• Prices, the delivery fee, and applicable sales tax are shown on the checkout page before you pay, and that is the amount charged.
• Payment is processed by Stripe. By placing an order you authorize us to charge your payment method for the full order total.
• An order that is not paid within a short window is automatically released; you can simply check out again.

4. Delivery, risk of loss, and delivery exceptions

Delivery time estimates are just that — estimates, not guarantees. Our driver will follow the drop-off instructions and contact preferences you provide, and you are responsible for making sure your delivery address and instructions are accurate and complete — we are not responsible for a delivery problem caused by incorrect or incomplete information you provided.

Risk of loss or damage to your order passes to you once it is delivered to the address and drop-off location you specified. We record a GPS location and a photo at the time of delivery to confirm this and to help resolve any dispute about whether, where, and when an order arrived. Perishable and hot items should be retrieved promptly — we are not responsible for spoilage, temperature loss, or other condition changes that happen after delivery is confirmed.

Sometimes a driver cannot complete delivery — for example, the address cannot be located, the building or location is inaccessible, the location is unsafe, there is no safe place to leave the order, the instructions provided turned out to be incorrect, or the order was damaged in transit. When that happens, the driver records the issue and we will try to reach you. Depending on the situation we may attempt redelivery, hold the order for pickup, or cancel and refund it, at our discretion — we are not liable for loss or spoilage of an order that could not be delivered for a reason like the ones above.

5. Cancellations and refunds

You can cancel an order from your order history for as long as the app allows cancellation — generally, before we begin picking your order. Once an order has entered picking, it can no longer be cancelled by you, though you can still contact us for help. Refunds for a cancelled or undelivered order are issued to your original payment method and can take several business days to appear, depending on your bank.

6. Night Aisle Rewards (loyalty points)

• Points are earned on completed (delivered) orders and have no cash value.
• Points expire 12 months after they are earned.
• If an order that used a reward is cancelled or refunded, the points are returned to your account.
• We may change the rewards program, including how points are earned or what they can be redeemed for, at any time.

7. Product information disclaimer

Product names, categories, and images shown in the app come in part from Open Food Facts, a public, crowd-sourced product database, and in part from the manufacturer. For some products, we show a photo of the actual package's nutrition facts, ingredients, and allergens panel instead, and/or an allergen summary we entered ourselves from that same package; for every other product, or every other field, that information comes from Open Food Facts or the manufacturer. Other than a photo we took ourselves or an allergen summary we entered ourselves, we do not independently verify this information, and it may be incomplete, outdated, or incorrect — including information we provided directly, if the manufacturer changes its packaging after we checked it. Always check the physical product packaging before consuming an item, especially if you have a food allergy or dietary restriction. If you notice incorrect product information, please let us know at orders@nightaisle.com.

8. Your account

You are responsible for keeping your password confidential and for all activity under your account. Tell us right away at orders@nightaisle.com if you believe your account has been accessed without your permission.

9. Account suspension and termination

We may suspend or terminate your account, or refuse to fulfill an order, at any time and without notice if we believe you have violated these terms, provided false information, engaged in fraud or abuse (including payment fraud or chargeback abuse), or for any other reason we consider necessary to protect Night Aisle, our drivers, or other customers. You may stop using Night Aisle and close your account at any time by contacting us.

10. Limitation of liability

Night Aisle is provided on an "as-is" and "as-available" basis, without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

To the fullest extent permitted by Washington law, Night Aisle, Nodding Panda Studios LLC, and our staff and drivers are not liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the service, whether based on contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.

Our total liability for any claim relating to an order — including a late, missing, damaged, or undelivered order — is limited to the amount you paid for that order, regardless of the number of claims or the legal theory used. Nothing in these terms limits liability that cannot be limited under law, such as liability for gross negligence, willful misconduct, or death or personal injury caused by our negligence.

11. Indemnification

You agree to indemnify and hold harmless Night Aisle, Nodding Panda Studios LLC, and our owners, staff, and drivers from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising from your violation of these terms, your misuse of the service, or your violation of any law or the rights of a third party.

12. Events beyond our control

We are not responsible for a delay or failure to perform caused by something beyond our reasonable control, including severe weather, natural disaster, power or internet outages, road closures, vehicle failure, labor shortage, or other emergency.

13. Governing law and venue

These terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules. Any dispute that cannot be resolved informally must be brought in a state or federal court located in Whitman County, Washington, and you consent to that court's jurisdiction and venue.

14. General provisions

If any part of these terms is found unenforceable, the rest remains in full effect. Our failure to enforce any part of these terms is not a waiver of our right to do so later. We may assign these terms, in whole or in part, in connection with a merger, acquisition, or sale of all or part of our business. These terms, together with our Privacy Policy, are the entire agreement between you and Night Aisle regarding your use of the service.

15. Changes to these terms

We may update these terms from time to time. If we make a material change, we will update the date at the top of this page. Continuing to use Night Aisle after a change means you accept the updated terms.

16. Contact us

Questions about these terms can be sent to orders@nightaisle.com or mailed to Night Aisle, 930 Northwest Fisk Street, Pullman, WA 99163.