FARMFRESHAPP CUSTOMER USER AGREEMENT

EFFECTIVE DATE: MARCH 15, 2025

This Customer User Agreement ("Agreement") is a legally binding contract between you ("you," "your," or "User") and MisikSolutions LLC ("FarmFreshApp," "we," "our," or "us") governing your use of the FarmFreshApp platform, including our website, mobile applications, and related services (collectively, the "Platform").


1. ACCEPTANCE OF TERMS

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy, which is incorporated by reference. If you do not agree to these terms, you may not access or use the Platform.


2. ELIGIBILITY

To use the Platform, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into a binding contract
  • Reside in our service area within the state of Florida
  • Provide accurate and complete information during registration
  • Maintain the security of your account credentials


3. PLATFORM DESCRIPTION

FarmFreshApp is a marketplace platform that connects customers with local farmers and delivery drivers to facilitate the purchase and delivery of fresh, locally-grown agricultural products. We do not sell or produce any food products ourselves but provide the technology to connect these parties.

3.1 Role of FarmFreshApp

FarmFreshApp:

  • Provides the technology platform connecting customers, merchants, and delivery drivers
  • Facilitates payment processing
  • Establishes platform standards and policies
  • Assists in resolving disputes between users
  • Does not guarantee the quality, safety, or legality of items offered by merchants
  • Does not guarantee the reliability or performance of delivery drivers


4. ACCOUNT REGISTRATION AND SECURITY

4.1 Registration Process

To use the Platform, you must create an account by:

  • Providing accurate, current, and complete information
  • Verifying your email address and/or phone number
  • Setting up secure login credentials
  • Agreeing to this Agreement and Privacy Policy

4.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • Restricting access to your account and devices
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use or security breach

4.3 Account Restrictions

You may not:

  • Create multiple accounts
  • Share your account with others
  • Transfer your account to another person
  • Use another person's account
  • Provide false or misleading information


5. ORDERING PROCESS

5.1 Product Listings

Product listings on the Platform:

  • Are created and maintained by merchants
  • May include descriptions, images, pricing, and availability information
  • May vary in accuracy, as FarmFreshApp does not verify all content
  • Are subject to inventory limitations and seasonal availability

5.2 Placing Orders

When placing an order:

  • You agree to pay the listed price plus applicable taxes, delivery fees, and gratuities
  • You acknowledge that product availability is not guaranteed until confirmed
  • You must provide accurate delivery information
  • You may be required to verify your age for certain products

5.3 Order Modifications and Cancellations

  • You may modify or cancel an order before it is processed by the merchant
  • Modification or cancellation options may be limited once order processing begins
  • Cancellation fees may apply as specified during the ordering process
  • FarmFreshApp reserves the right to cancel orders for legitimate reasons, including pricing errors, fraud suspicion, or inability to fulfill

5.4 Delivery

  • Delivery is subject to driver availability and service area limitations
  • Estimated delivery times are not guaranteed
  • You are responsible for being available to receive deliveries during the selected time window
  • If you are unavailable, the delivery may be left in a safe location (if permitted) or returned to the merchant
  • Additional fees may apply for failed deliveries due to customer unavailability


6. PAYMENT TERMS

6.1 Pricing and Fees

  • All prices are set by merchants, not FarmFreshApp
  • FarmFreshApp charges service fees for platform use, clearly disclosed during checkout
  • Delivery fees are based on distance, order size, and other factors
  • Optional gratuities for delivery drivers may be added at checkout
  • All applicable taxes will be collected and remitted as required by law

6.2 Payment Methods

  • You must provide valid payment information to use the Platform
  • We accept major credit/debit cards and other payment methods as specified
  • You authorize us to charge your selected payment method for all orders and fees
  • You represent that you are authorized to use the payment method provided

6.3 Refunds and Credits

  • Refund eligibility is determined by the specific circumstances of each case
  • Refunds for product quality issues are generally processed after verification
  • Refunds for delivery issues may be provided as account credits or returned to your original payment method
  • Processing times for refunds vary based on your payment provider


7. USER CONDUCT

7.1 Prohibited Activities

You agree not to:

  • Use the Platform for any illegal purpose
  • Harass, threaten, or intimidate merchants or delivery drivers
  • Provide false information or fraudulent payment methods
  • Attempt to manipulate ratings or reviews
  • Reverse engineer, decompile, or attempt to extract the source code of the Platform
  • Use automated methods to access or use the Platform
  • Interfere with the proper operation of the Platform

7.2 User Content

If you submit content to the Platform (such as reviews, comments, or photos):

  • You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content
  • You represent that you own or have the rights to such content
  • You agree not to submit content that is illegal, offensive, or infringes on others' rights
  • We reserve the right to remove any content at our discretion


8. DISPUTE RESOLUTION

8.1 Customer Service

For issues with orders or Platform use:

  • Contact our customer service team through the Platform
  • Report issues promptly, preferably within 24 hours of delivery
  • Provide relevant details and evidence (such as photos) when applicable

8.2 Arbitration Agreement

Except for small claims court cases and intellectual property disputes:

  • You agree to resolve disputes through binding arbitration rather than in court
  • Arbitration will be conducted by the American Arbitration Association
  • The arbitration will take place in Florida
  • Class actions and class arbitrations are not permitted

8.3 Class Action Waiver

You agree to resolve disputes with FarmFreshApp on an individual basis, not as a plaintiff or class member in any purported class or representative proceeding.


9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • FarmFreshApp is not liable for indirect, incidental, special, exemplary, or consequential damages
  • Our total liability for any claim is limited to the amount you paid to FarmFreshApp in the 6 months preceding the claim
  • We are not liable for the actions or inactions of merchants or delivery drivers
  • We do not guarantee the quality or safety of products sold by merchants


10. DISCLAIMERS

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We specifically disclaim:

  • Any implied warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Any responsibility for the accuracy, reliability, or quality of merchant products
  • Any guarantee of delivery times or product availability
  • Any liability for food allergies, sensitivities, or foodborne illness


11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless FarmFreshApp and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses arising from your:

  • Use of the Platform
  • Violation of this Agreement
  • Violation of any rights of another person or entity
  • Violation of any applicable laws or regulations


12. TERM AND TERMINATION

12.1 Term

This Agreement remains in effect while you use the Platform or maintain an account.


12.2 Termination by You

You may terminate this Agreement by:

  • Closing your account through the Platform
  • Contacting customer service to request account closure

12.3 Termination by FarmFreshApp

We may suspend or terminate your access to the Platform:

  • If you violate this Agreement
  • If you engage in fraudulent activity
  • If you abuse the Platform or our services
  • For any other reason at our discretion

12.4 Effect of Termination

Upon termination:

  • You lose access to your account and the Platform
  • Certain provisions of this Agreement survive termination
  • We may retain your information as required by law or for legitimate business purposes


13. CHANGES TO AGREEMENT

We may modify this Agreement at any time by:

  • Posting the revised Agreement on the Platform
  • Notifying you via email or in-app notification

Your continued use of the Platform after changes constitutes acceptance of the revised Agreement.


14. GOVERNING LAW

This Agreement is governed by the laws of the State of Florida, without regard to its conflict of law provisions.


15. MISCELLANEOUS

15.1 Entire Agreement

This Agreement, together with the Privacy Policy and any other legal notices published by FarmFreshApp, constitutes the entire agreement between you and FarmFreshApp concerning the Platform.

15.2 Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.3 No Waiver

Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision.

15.4 Assignment

You may not assign this Agreement without our prior written consent, but we may assign this Agreement without restriction.

15.5 Contact Information

For questions about this Agreement, please contact us at:

  • Email: info@farmfreshapp.store
  • Address: MisikSolutions LLC, 616 NW 1st Ave, Hallandale Beach, FL 33009


16. ACKNOWLEDGMENT

BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.


Download App

Download for iOS Download for Android


Back Home