Freshly Terms of Service

Last updated: June 19, 2025

These Terms of Service ("Terms") govern your use of the Freshly application ("Application" or "Service"), which includes scanning kitchen products to track expiry dates, savings, and waste reduction. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the application.

1. Definitions

To ensure clarity, we define the following key terms used in these Terms:

Account means your unique access point to the Service, created through registration.

Application refers to Freshly, the software providing food management features.

Content means text, images, or data uploaded or generated within the Service.

Service refers to the Freshly Application and its features.

User means any individual or entity using the Service.

Service Provider means any third party assisting Freshly in operating the Service.

2. Acceptance of Terms

By using the Service, you confirm you are at least 13 years old and agree to these Terms, as well as our Privacy Policy (available at [insert link]). Freshly may update these Terms, and continued use after updates constitutes acceptance.

3. Account Registration and Use

- You must create an Account to use certain features. Provide accurate information and maintain account security.

- You are responsible for all activities under your Account.

- Freshly may suspend or terminate Accounts for violation of these Terms or legal requirements under Florida law.

4. Service Description and Use

- The Service allows you to scan kitchen products to track expiry dates, calculate savings, and monitor waste reduction using computer vision technology.

- Use the Service only for its intended purpose. Do not misuse it for illegal activities or to harm others.

- Freshly grants you a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial use, subject to these Terms.

5. User Content

- You retain ownership of Content you upload (e.g., scanned product images), but grant Freshly a worldwide, royalty-free license to use, store, and process it to provide the Service.

- You warrant that your Content does not violate laws or third-party rights.

- Freshly may remove Content that violates these Terms or poses legal risks.

6. Payments and Subscriptions

- Some features may require payment. Pricing and terms are available during signup.

- Payments are processed via third-party providers. Refunds are subject to their policies and Florida consumer protection laws.

- Subscriptions auto-renew unless canceled, with notice provided per Florida regulations.

7. Intellectual Property

- The Service and its original content are owned by Freshly and protected by U.S. and international copyright laws.

- You may not reproduce, modify, or distribute our intellectual property without permission.

8. Disclaimers and Limitations of Liability

- The Service is provided "as is" without warranties beyond what is required by Florida law.

- Freshly is not liable for indirect damages (e.g., lost profits) exceeding $500, per Florida statutory limits, unless caused by gross negligence.

- Scanning accuracy depends on user input; Freshly is not responsible for errors in data interpretation.

9. Termination

- Freshly may terminate or suspend your access for breach of these Terms, with notice where feasible.

- Upon termination, your right to use the Service ends, and data may be deleted per our Privacy Policy.

10. Governing Law and Dispute Resolution

- These Terms are governed by Florida law, excluding its conflict of law provisions.

- Disputes will be resolved through arbitration in Miami, Florida, under the American Arbitration Association rules, unless prohibited by Florida law.

- You waive the right to a jury trial, consistent with Florida’s arbitration framework.

11. Changes to the Service

- Freshly may modify or discontinue the Service, with reasonable notice where possible.

- Continued use after changes indicates acceptance.

12. Contact Us

For questions or concerns, reach us at:

- Email: support@freshlyapp.com

The Florida Department of Legal Affairs oversees compliance, with a 45-day cure period for violations.