Terms of Service
Last Updated: September 8, 2026 (replaces the July 12, 2026 version)
1. Acceptance of Terms
The Fresh Connects platform, including the web application, text-message, voice and
WhatsApp 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.
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.
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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.
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We do not process payments. Payment for goods and services is arranged and
settled directly between the parties (for example cash, check or card at delivery). Fresh
Connects does not collect, hold or transmit payments between buyers and sellers and does
not take a commission on transactions.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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Subscriptions. Wholesaler accounts: $40 per month per business location.
Retail buyer accounts: $15 per month. Service-provider accounts: currently free. Every new
account starts with a 30-day free trial from approval; the day the trial ends becomes your
monthly billing day.
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Usage charges (wholesalers). Text-message, WhatsApp and voice ordering are
billed to the wholesaler whose number the customer contacts, at the per-message and
per-minute rates shown in the app (currently $0.15 per text or WhatsApp message and $0.50
per minute of voice, rounded as shown in the app; e-mail is free). These channels are prepaid: new wholesaler accounts receive a $100 starting credit and top-ups are
a minimum of $25. When the balance reaches zero, new text, WhatsApp and 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 monthly
statement.
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Payment and collection. A statement is issued in the app on each monthly billing date and is due on receipt; we notify you
in the app, by push notification and by e-mail. Until online payment is offered, Fresh
Connects collects by the payment methods we communicate to you. 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.
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Refunds. Subscription fees for a billing period that has begun are not
refundable. Unused prepaid channel credit is not transferable; if you close your account,
you may request a refund of the unused balance, less any charges incurred.
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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
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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.
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Every order is subject to the seller's acceptance. An order placed by web, text, voice or
WhatsApp is not final until the seller accepts it, and the seller may modify, decline or
cancel it in accordance with its own policies.
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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.
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.
7. Automated Tools and Artificial Intelligence
Parts of the Service use automated systems, including artificial intelligence, to interpret
orders and questions placed by text, voice, WhatsApp or the web chat assistant, to build
order suggestions, to recommend products, to read uploaded price lists and to answer
questions about the Service.
- Automated output can be wrong, incomplete or out of date. It is an aid, not advice.
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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.
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Fresh Connects and the seller are not liable for errors arising from misheard, mistyped,
misread or misinterpreted input.
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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:
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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.
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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).
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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.
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WhatsApp: WhatsApp ordering is delivered through the WhatsApp Business
Platform and is subject to WhatsApp's own terms and privacy policy. Outside a 24-hour
conversation window, only pre-approved template messages are sent.
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Automated call handling and transcription: Phone (voice) ordering calls are
handled by an automated assistant. 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.
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Wholesaler responsibilities: A wholesaler that gives customers its Fresh
Connects number, enables WhatsApp, or adds customer contacts is responsible for having the
right to contact those customers and for honoring their opt-outs.
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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
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
We respect intellectual property rights. If you believe any content violates your copyright,
please contact us at support@freshconnects.com with the information required under the Digital
Millennium Copyright Act.
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, 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, your communications with your customers, 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. Contact Information
For questions about these Terms, please contact us at:
Fresh Connects LLC
Email: support@freshconnects.com