Last Updated: November 3, 2025

Welcome to PickFresh! These Terms of Service govern your use of the PickFresh mobile application and website (collectively, the “Platform”). By accessing or using PickFresh, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Platform.

1. Definitions

For the purposes of these Terms:

  • “Platform” means the PickFresh mobile application and website located at http://pickfresh.net
  • “User,” “you,” and “your” refer to any individual or entity using the Platform
  • “Seller” means a User who lists fresh produce for sale on the Platform
  • “Buyer” means a User who browses or purchases fresh produce listed on the Platform
  • “Listing” means a product offering posted by a Seller on the Platform

2. Account Registration and Eligibility

2.1 Account Creation

To access certain features of the Platform, you must create an account. You may register using:

  • Email address and password
  • Google OAuth authentication
  • Apple OAuth authentication

2.2 Age Requirement

You must be at least 18 years old to create an account and use the Platform. By creating an account, you represent and warrant that you are at least 18 years of age.

2.3 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account

2.4 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. Providing false or misleading information may result in account suspension or termination.

3. Platform Overview

3.1 Service Description

PickFresh is a marketplace platform that connects local Sellers of fresh produce with Buyers. We provide the technology and infrastructure to facilitate these connections but are not a party to the actual transactions between Sellers and Buyers.

3.2 Platform Role

PickFresh acts solely as an intermediary platform. We do not:

  • Own, sell, resell, or control any products listed on the Platform
  • Process payments between Buyers and Sellers
  • Handle the physical exchange of products
  • Guarantee the quality, safety, legality, or accuracy of any Listings

4. Seller Terms

4.1 Creating Listings

As a Seller, you may create Listings for fresh produce. Each Listing must include:

  • Accurate product description and category (fruit, vegetable, herbs, etc.)
  • Clear, accurate photographs of the actual product
  • Honest pricing information
  • Pickup location and availability details

4.2 Seller Responsibilities

By listing products on PickFresh, you agree to:

  • Provide accurate and truthful information about your products
  • Ensure all products comply with applicable food safety laws and regulations
  • Honor the prices and terms stated in your Listings
  • Communicate promptly and professionally with potential Buyers
  • Maintain appropriate food handling and safety practices
  • Remove or update Listings that are no longer available

4.3 Contact Information

You may choose to display your email address and/or phone number to potential Buyers. You control which contact methods are visible through your account settings. You are responsible for responding to legitimate buyer inquiries in a timely manner.

4.4 Prohibited Items

Sellers may not list:

  • Products that violate any local, state, or federal laws or regulations
  • Spoiled, contaminated, or unsafe food products
  • Products with false or misleading descriptions
  • Non-produce items (the Platform is specifically for fresh produce only)

4.5 Seller Liability

You, as the Seller, are solely responsible for the quality, safety, and legality of your products. You agree to indemnify and hold harmless PickFresh from any claims, damages, or losses arising from your products or Listings.

5. Buyer Terms

5.1 Browsing and Searching

As a Buyer, you can browse Listings, search for specific products, view product details, and contact Sellers directly through their provided contact information. You can also save products to your favorites for easy access.

5.2 Direct Transactions

All transactions occur directly between Buyers and Sellers outside of the Platform. PickFresh does not process payments, facilitate exchanges, or handle disputes. You must arrange payment, pickup, and any other transaction details directly with the Seller.

5.3 Buyer Responsibilities

As a Buyer, you agree to:

  • Communicate respectfully and honestly with Sellers
  • Honor any commitments you make to Sellers
  • Inspect products at the time of pickup
  • Resolve any disputes directly with the Seller

5.4 No Guarantees

PickFresh makes no guarantees regarding the quality, safety, legality, or accuracy of any Listings. You purchase products at your own risk and should exercise appropriate caution and judgment.

6. Payment and Fees

6.1 Platform Fees

PickFresh is currently free to use for both Buyers and Sellers. We reserve the right to introduce fees in the future with advance notice to Users.

6.2 Payment Between Users

All payments for products occur directly between Buyers and Sellers outside of the Platform. PickFresh does not process, facilitate, or have any involvement in these transactions.

7. User Conduct and Prohibited Activities

Users agree not to:

  • Violate any applicable laws or regulations
  • Post false, misleading, or fraudulent Listings or information
  • Engage in any form of harassment, abuse, or threatening behavior
  • Use the Platform for any illegal purpose
  • Attempt to gain unauthorized access to any part of the Platform
  • Upload malicious code, viruses, or harmful content
  • Scrape, copy, or duplicate Platform content without permission
  • Impersonate another person or entity
  • Interfere with the proper functioning of the Platform

8. Content and Intellectual Property

8.1 User Content

You retain ownership of any content you post on the Platform, including product photos, descriptions, and other materials. By posting content, you grant PickFresh a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content in connection with operating and promoting the Platform.

8.2 Platform Content

The Platform, including its design, features, software, and branding, is owned by PickFresh and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute any Platform content without our express written permission.

8.3 Image Storage

Product photos uploaded to the Platform are stored using our cloud storage infrastructure. You represent and warrant that you have the right to upload and share any images you post.

9. Privacy and Data Protection

Your use of the Platform is also governed by our Privacy Policy, available at https://pickfresh.net/privacy-policy/. By using PickFresh, you consent to the collection and use of your information as described in the Privacy Policy.

10. Disclaimers and Limitation of Liability

10.1 Platform “As Is”

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10.2 No Liability for User Transactions

PICKFRESH IS NOT A PARTY TO ANY TRANSACTIONS BETWEEN BUYERS AND SELLERS. WE ARE NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, OR ACCURACY OF ANY PRODUCTS, LISTINGS, OR USER CONDUCT. WE DO NOT GUARANTEE THAT BUYERS AND SELLERS WILL COMPLETE TRANSACTIONS OR THAT PRODUCTS WILL MEET EXPECTATIONS.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICKFRESH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR ANY TRANSACTIONS CONDUCTED THROUGH THE PLATFORM. OUR TOTAL LIABILITY SHALL NOT EXCEED $100.

10.4 Food Safety Disclaimer

PICKFRESH DOES NOT INSPECT, TEST, OR VERIFY THE SAFETY OR QUALITY OF ANY PRODUCTS LISTED ON THE PLATFORM. YOU ASSUME ALL RISKS ASSOCIATED WITH PURCHASING AND CONSUMING FRESH PRODUCE FROM SELLERS. WE STRONGLY RECOMMEND INSPECTING ALL PRODUCTS BEFORE PURCHASE AND FOLLOWING PROPER FOOD SAFETY PRACTICES.

11. Indemnification

You agree to indemnify, defend, and hold harmless PickFresh, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) any products you list or purchase; or (e) any transactions you conduct with other Users.

12. Account Termination and Suspension

12.1 Your Right to Terminate

You may terminate your account at any time by contacting us or using the account deletion feature in the app.

12.2 Our Right to Terminate

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Repeated complaints from other Users
  • Extended periods of inactivity

12.3 Effect of Termination

Upon termination, your right to use the Platform will immediately cease. We may delete your account data and Listings. Provisions of these Terms that by their nature should survive termination will survive, including liability disclaimers, indemnification obligations, and dispute resolution provisions.

13. Dispute Resolution

13.1 User-to-User Disputes

PickFresh is not responsible for resolving disputes between Users. If you have a dispute with another User, you must resolve it directly with that User. We may, at our discretion, provide information to help facilitate resolution but have no obligation to do so.

13.2 Disputes with PickFresh

If you have a dispute with PickFresh, please contact us first to attempt informal resolution. Any disputes that cannot be resolved informally shall be subject to binding arbitration in accordance with the laws of the jurisdiction where PickFresh is headquartered.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify Users of material changes by posting the updated Terms on the Platform and updating the “Last Updated” date. Your continued use of the Platform after such changes constitutes acceptance of the modified Terms.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PickFresh regarding your use of the Platform.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

15.5 Third-Party Services

The Platform integrates with third-party services including Clerk (authentication), Convex (database), Google Maps (location services), and cloud storage providers. Your use of these services may be subject to their respective terms and privacy policies.

16. Contact Information

If you have questions about these Terms of Service, please contact us through the Platform or visit our website at http://pickfresh.net.

By using PickFresh, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.