Terms of Service
Last Updated: October 20, 2026 (replaces the October 12, 2026 version)
1. Acceptance of Terms
The Fresh Connects platform, including the web application, text-message, WhatsApp and voice ordering channels, and related services ("the Service"), is owned and operated by FRESH CONNECTS LLC, a California limited liability company ("Fresh Connects," "we," "us," or "our"). By accessing or using the Service you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, you must not access or use the Service.
The Service is for businesses. By registering you represent that you are at least 18 years old, that you are using the Service on behalf of a business, and that you have authority to bind that business to these Terms. When these Terms change materially, the Service will ask you to review and accept the updated version before you continue.
Other policies. These policies are part of these Terms: the Privacy Policy, the SMS / Text Messaging Terms, the Accessibility Statement, the Cookie & Local Storage Policy, the Acceptable Use Policy and the Copyright / DMCA Policy. If one conflicts with these Terms, these Terms control.
2. What Fresh Connects Is — and Is Not
Fresh Connects is a marketplace and communications platform that connects wholesalers, retail buyers and service providers, and lets them share price lists, place and manage orders, request quotes and communicate.
- We are not a party to your transactions. Every order, quote or service agreement is a contract between the buyer and the seller (or the service provider). Fresh Connects does not buy, sell, take title to, store, handle, inspect, ship or deliver any goods, and does not perform any service offered by a service provider.
- We do not process payments. A buyer pays the seller directly, by the methods the seller lists in the Service — for example its own card payment link (through the seller's own payment processor), bank transfer, Zelle, check or cash. Fresh Connects only displays the seller's payment instructions. It does not collect, hold or transmit payments between buyers and sellers, never holds a buyer's funds, and does not take a commission on transactions.
- When and how a buyer pays. A buyer can pay once the order has been delivered or picked up. A buyer who has paid can tell the seller with "I've paid this"; that message does not mark the order paid. The seller confirms the payment, and when a seller records a payment, the buyer is sent a receipt. A seller that uses QuickBooks Online may offer QuickBooks' own Pay now page for its invoice.
- Sellers are responsible for what they sell. Each seller is solely responsible for its prices, product descriptions, photos, availability, quality, quantity, weights, delivery, food-safety and labeling compliance, and for holding every license or permit its business requires. Fresh Connects makes no warranty about any goods or services offered through the Service.
- Sales tax. Whether tax applies to an order is decided by the seller, not by Fresh Connects. A seller's permit number shown on a buyer's account is information only. It is not a resale certificate. Sellers remain responsible for obtaining any resale certificate the law requires.
- Credit is between the parties. The Service lets a seller record a credit limit, receivables and payments for its own customers. Those records are the seller's bookkeeping. Fresh Connects does not extend credit, guarantee payment, or act as a lender, collector or guarantor for any party.
- Disputes between users about goods, services, delivery, quality or payment are resolved between those users. We may, but are not obliged to, help with information the Service holds.
3. Accounts, Approval and Authorized Users
- Accounts are for businesses and are approved by Fresh Connects before use. You must give accurate business, contact, address and state information and keep it current; the market you see and the sellers who can serve you depend on the city and state on your account.
- You are responsible for safeguarding your password and any second factor you enable, and for all activity under your account. Notify us immediately of any unauthorized use.
- Team members and locations. An account holder may add team logins and additional business locations under its account. Everything done by a team login or a location account is done on behalf of, and is the responsibility of, the account holder. A new location starts with a copy of the parent account's service areas and delivery terms and may change them afterwards.
- You may not share, sell or transfer an account, impersonate anyone, or create an account for a business you are not authorized to represent.
4. Fees, Billing and Trials
Fresh Connects charges the account holder, never the other party to a transaction. Current fees are shown in the app and are summarized here; where the app and this summary differ, the fee shown in the app at the time of the charge controls.
- Subscriptions. Wholesaler accounts: $99 per month per business location, or $89 per month per location when paid yearly (one statement of $1,068 for 12 months). Each plan month includes 300 minutes of voice ordering and 1,500 text messages; messages your number sends and receives both count, and a photo message or a WhatsApp message counts as one message. Retail buyer accounts and service-provider accounts: currently free. A new wholesaler account starts with a 30-day free trial from approval that includes the full plan (300 minutes and 1,500 messages); the day the trial ends becomes your billing day, monthly or, on the yearly plan, yearly.
- Overage (wholesalers). Minutes and messages past a plan month's included amounts are billed to the wholesaler whose number the customer contacts, at the overage rates shown in the app (currently $0.30 per minute of voice past 300 minutes and $0.05 per message past 1,500 messages, rounded as shown in the app). Nothing else is charged per use; e-mail and the AI assistant are free. Overage is prepaid from an overage balance, and top-ups are a minimum of $25. When that balance is empty and an included amount is used up, new text, WhatsApp or voice conversations are declined until it is topped up; a conversation already in progress is completed, and any resulting negative balance is carried onto the next statement.
- Payment and collection. A statement is issued in the app on each billing date (monthly, or yearly on the yearly plan) and is due on receipt; we notify you in the app, by push notification and by e-mail. Fresh Connects never asks for or stores your card or bank details. Pay by one of the methods shown on your Billing page. You can tell us you have paid with "I've paid this" on that page; the statement is marked paid when we record the payment. We send reminders while a statement is unpaid. If it remains unpaid eight days after it is issued, the account is placed in read-only mode until the payment is recorded: new orders, publishing and new text or voice conversations are paused, while your existing data and in-flight orders remain available. Recording the payment restores full access immediately.
- Refunds. Subscription fees for a billing period that has begun are not refundable. Unused prepaid overage credit is not transferable; if you close your account, you may request a refund of the unused balance, less any charges incurred.
- Changes and taxes. We may change fees on at least 30 days' notice in the app or by e-mail; continued use after the effective date is acceptance. Fees exclude any applicable taxes, which you are responsible for.
5. Orders, Prices and Delivery Terms
- Prices, delivery fees, order minimums and service areas are set by each seller and may differ by county, city or customer. A price shown in the Service is an offer by the seller that may change until the seller accepts the order.
- Every order is subject to the seller's acceptance. An order placed by web, text, WhatsApp or voice is not final until the seller accepts it, and the seller may modify, decline or cancel it in accordance with its own policies.
- Buyers are responsible for reviewing every order — items, quantities, sizes, prices, fees and delivery details — before confirming it and again on the seller's confirmation.
- Ordering without an account. A seller may share an order link or show a counter card with a QR code. A person the seller gives a link to, or who confirms a phone number or e-mail with the code a counter card sends, may see that seller's list and order from it without a Fresh Connects account; a seller may limit its counter card to its current customers. The details given with the order (business name, contact name, phone number, e-mail and delivery address) go to that seller. These Terms apply to that use too.
- Delivery tickets. A seller's printed delivery ticket can carry a QR code the buyer uses to confirm the delivery, report an item as short, damaged or wrong, and pay. A report tells the seller; it never changes the order or the amount owed by itself. Any change is made by the seller, and what was delivered is between the buyer and the seller.
6. Content You Provide
You keep ownership of the price lists, product information, photos, videos, messages and other content you submit ("Your Content"). You grant Fresh Connects a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, transmit and adapt Your Content as needed to operate, secure and improve the Service and to show it to the users you make it available to. You are responsible for Your Content: it must be accurate, lawful, yours to share, and free of anything infringing, misleading or harmful. We may remove content that violates these Terms.
Fresh Connects may publish aggregated, de-identified statistics derived from marketplace activity (for example a public range of current wholesale prices for a produce item in a market). Such statistics never identify a seller, a buyer or an individual price list. Public price ranges are for general information. They are not offers, quotes or advice, and may not reflect the price any seller will charge you.
If you choose to connect another service to Fresh Connects, such as QuickBooks® Online, you do so at your choice and your use of that service stays under that provider's own terms. You can disconnect it at any time in Settings; the Privacy Policy explains what data we exchange with it.
If you send us ideas or suggestions, we may use them without any obligation to you.
7. Automated Tools and Artificial Intelligence
Parts of the Service use automated systems, including artificial intelligence, to interpret orders and questions placed by text, WhatsApp, voice or the web chat assistant, to build order suggestions, to recommend products, to read uploaded price lists, invoices and photos and to answer questions about the Service.
- Automated output can be wrong, incomplete or out of date. It is an aid, not advice.
- You are responsible for reviewing anything an automated tool produces before you rely on it, including items, quantities, sizes and prices in a suggested order. Every order remains subject to the seller's acceptance.
- Fresh Connects and the seller are not liable for errors arising from misheard, mistyped, misread or misinterpreted input.
- When you speak to an ordering line, you may be talking with an automated assistant. You may place your order another way at any time (web, text, or the seller directly).
8. Text Message (SMS), WhatsApp and Voice Communications
Fresh Connects offers optional text-message (SMS), WhatsApp and voice (phone) ordering. A wholesaler may be assigned a Fresh Connects phone number, and may enable WhatsApp on it, so that its customers can text, message or call to place orders, receive price lists and get order updates. By texting, messaging or calling such a number, or by providing your mobile number to a wholesaler or to Fresh Connects, you agree to the following:
- Consent: You consent to receive transactional text messages, WhatsApp messages and phone communications related to your orders, price lists and account. Consent is not a condition of any purchase. Marketing messages are sent only to customers who have separately opted in, and only by the wholesaler's choice.
- Message frequency & rates: Message frequency varies. Message and data rates may apply under your mobile carrier's plan. Fresh Connects does not charge the customer for the messages; usage is billed to the wholesaler (Section 4).
- Opt-out: Reply STOP to any text message to opt out; reply HELP for help. After opting out you may receive a single confirmation that you have been unsubscribed. On WhatsApp you may block the number or ask the wholesaler to stop messaging you.
- WhatsApp: WhatsApp ordering is delivered through the WhatsApp Business Platform, operated by Meta Platforms, and is subject to WhatsApp's own terms and privacy policy. Outside a 24-hour conversation window, only pre-approved template messages are sent. A WhatsApp message counts as one message toward the wholesaler's plan (Section 4).
- Automated call handling and transcription: Phone (voice) ordering calls, including WhatsApp calls, are handled by an automated assistant, which tells you at the start that the call is transcribed. Your speech is converted to text in real time by automated speech recognition, and we keep the written transcript of the call so your order can be processed accurately, checked and corrected. We do not store audio recordings of calls. If you do not agree to automated handling and transcription, please do not continue the call and place your order another way.
- Wholesaler responsibilities: A wholesaler that shares its Fresh Connects number, enables WhatsApp, publishes an order link or counter card, or adds customer phone numbers or e-mail addresses promises that: it has, and keeps records of, every consent the law requires to contact each customer, including prior express written consent before any marketing message; it sends marketing only to customers who opted in, and only for its own business; it tells us within one business day about any opt-out it receives outside the Service; and it follows the Telephone Consumer Protection Act, the CAN-SPAM Act, carrier and CTIA messaging rules, and similar state laws.
- Number assignment: Any Fresh Connects ordering number is provisioned and assigned by Fresh Connects, remains the property of Fresh Connects or its telecom providers, may be changed or reclaimed, and may be used only for legitimate ordering and account communication. Mobile carriers are not liable for delayed or undelivered messages.
See our Privacy Policy for how we handle phone numbers, message content and call transcripts.
9. Proprietary Rights
Fresh Connects and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Fresh Connects, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Your Content (Section 6) remains yours.
You agree NOT to:
- Copy, reproduce, duplicate, or download any portion of the Service except as expressly permitted
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service
- Use any robot, spider, scraper, or other automated means to access the Service
- Remove, alter, or obscure any proprietary notices on any portion of the Service
- Create derivative works based on the Service
- Transfer, sublicense, or assign your rights to use the Service to any third party
- Use the Service to develop competing products or services, or access it to benchmark it for a competitor
10. Prohibited Activities
You may not access or use the Service for any purpose other than that for which we make it available. Specifically, you agree NOT to:
- Systematically retrieve data or content from the Service to create a collection, database, or directory
- Make any unauthorized use of the Service, including collecting usernames, e-mail addresses or phone numbers
- Use the Service for unauthorized framing or linking
- Engage in unauthorized scraping, data mining, or similar data gathering activities
- Interfere with or circumvent security features of the Service, including two-factor authentication
- Sell or transfer your user account
- Impersonate another user or person, or misrepresent your business or your authority
- Post false prices, false availability or misleading product information
- Send unsolicited or unlawful messages through the Service's communication channels
11. Monitoring, Suspension and Termination
We reserve the right to:
- Monitor the Service for violations of these Terms
- Take appropriate legal action against anyone who violates these Terms
- Suspend, place in read-only mode, or terminate your access without notice for any violation or for non-payment
- Cooperate fully with law enforcement authorities
You may close your account at any time by contacting us. Orders, invoices and payment records already exchanged with other users remain part of their records. See the Privacy Policy for retention and deletion.
12. DMCA and Copyright Infringement
To report content that infringes your copyright, send a notice with the information required by 17 U.S.C. § 512(c)(3) to our designated agent: Copyright Agent, Fresh Connects LLC, 1879 Palm Ave, San Diego, CA 92154 · (619) 733-7460 · admin@freshconnects.com.
13. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, FRESH CONNECTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT PRICES, AVAILABILITY OR AUTOMATED OUTPUT WILL BE ACCURATE, THAT ANY MESSAGE OR CALL WILL BE DELIVERED OR ANSWERED, OR THAT ANY GOODS OR SERVICES OFFERED BY USERS WILL MEET YOUR REQUIREMENTS.
14. Limitation of Liability
IN NO EVENT WILL FRESH CONNECTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA OR SPOILED GOODS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR ANY TRANSACTION WITH ANOTHER USER. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS IN ANY TWELVE-MONTH PERIOD WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID FRESH CONNECTS IN THAT PERIOD OR ONE HUNDRED DOLLARS ($100).
15. Indemnification
You agree to defend, indemnify, and hold harmless Fresh Connects and its officers, directors, employees, contractors, and agents from any claims, damages, obligations, losses, liabilities, costs, or expenses arising from your use of the Service, Your Content, your transactions with other users, any text, call or e-mail sent to your customers at your request or through your number (including claims under the Telephone Consumer Protection Act or similar laws), or your violation of these Terms.
16. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Before filing a claim, you agree to contact us at support@freshconnects.com and attempt in good faith to resolve the dispute for 30 days. Any dispute arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction of those courts.
17. Changes to Terms
We reserve the right to modify these Terms at any time. Changes are effective upon posting. For material changes we will ask you to accept the updated Terms in the app before you continue, and we may also notify you by e-mail or in-app notice. Your continued use of the Service constitutes acceptance of the modified Terms.
18. General Terms
Electronic notices. You agree to receive notices, statements and disclosures electronically, by e-mail, in the app or by push notification. Legal notices to Fresh Connects go to support@freshconnects.com.
Assignment. You may not assign these Terms without our written consent. We may assign them in a merger, acquisition or sale of assets.
Events beyond control. Neither party is liable for delays caused by events beyond its reasonable control, such as carrier or cloud outages, natural disasters or government action. This does not excuse payment.
Independent parties. These Terms create no partnership, joint venture, employment or agency relationship.
Entire agreement. These Terms and the policies in Section 1 are the entire agreement about the Service. If a provision is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver.
Accessibility. If you have trouble using any part of the Service, see the Accessibility Statement or e-mail support@freshconnects.com, and we will help you another way.
19. Contact Information
For questions about these Terms, please contact us at:
Fresh Connects LLC
Email: support@freshconnects.com