Welcome to farmlabel.app (the “Service”). These Terms of Service (“Terms”) are a binding contract between you (the farm, business, or entity using the Service) and farmlabel.app (“we,” “**us**,” or “our”). By purchasing a Label Pack, creating an account, or using the Service, you agree to these Terms.
1. What We Do (The Service)
- Core Service: farmlabel.app provides a software tool that reads data from your connected Google Sheet and generates printable PDF traceability lot labels (including GS1-128 and PTI barcodes) stored on our cloud infrastructure.
- Beta Features: From time to time, we may offer features identified as “beta,” “experimental,” or “early access.” These features are provided strictly “as is,” without any warranties or SLAs, and we may modify, suspend, or discontinue them at any time without prior notice or liability.
2. Your Regulatory Responsibilities (Important)
We provide the software to format your labels; you are solely responsible for your farm’s regulatory compliance.
- Accuracy of Your Data: We generate labels based exactly on the data you enter into your Google Sheets. We do not verify the accuracy, truthfulness, or completeness of your harvest logs.
- FSMA Compliance: While our Service is designed to help you meet FDA FSMA 204 requirements, we do not guarantee that your use of the Service ensures your specific legal or regulatory compliance. You are responsible for ensuring that the data you provide, the labels you print, and your broader operational practices comply with all local, state, federal, and buyer-specific regulations.
- No Liability for Non-Compliance: To the maximum extent permitted by law, we are not responsible for any fines, rejected shipments, audits, or legal actions resulting from your regulatory non-compliance, particularly when arising from your inaccurate data input, failure to maintain backups, or misuse of the Service.
3. Access to the Service and Your Account
- Account Responsibility: You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
- Eligibility: You must be at least 18 years old and have the legal capacity to enter into a contract to use the Service.
- Usage Limits & Fair Use: To ensure the stability, performance, and security of the Service for all users, we reserve the right to impose reasonable usage limits or rate limits to prevent system abuse, infrastructure degradation, or extreme automated API/integration calls.
4. Acceptable Use Policy (AUP)
You agree not to use the Service for any purpose that is unlawful or prohibited by these Terms. Specifically, you agree not to:
- Provide false, misleading, or fraudulent data for label generation.
- Resell, sublicense, or otherwise distribute the Service or any part of it to third parties without our express written permission.
- Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Service.
- Access or use the Service in a manner that damages, disables, overburdens, or impairs our servers or networks.
- Use any automated system (e.g., scraping bots, unauthorized scripts) to access or interact with the Service, except as explicitly permitted via our intended Google Sheets integrations, APIs, or documented features.
- Attempt to gain unauthorized access to any portion of the Service, other accounts, or any computer systems or networks connected to the Service.
- Use the Service to generate labels for illegal products or activities.
- Infringe on our intellectual property rights or the rights of others.
Breaching this AUP may result in suspension or termination of your account and Service access.
5. Label Packs, Credits, and Payment Terms
Our pricing is based on prepaid Label Packs or an Enterprise subscription, as detailed on our website.
- What is a Label Pack: A Label Pack is a prepaid bundle of credits. Specific costs and credit volumes are listed on the farmlabel.app website.
- How Credits Work: One "credit" equals one unique label generated (e.g., one specific product/lot/date combination). You may print unlimited physical copies of that single generated label without using extra credits.
- Expiration: Unless you are on the Enterprise monthly plan, all Label Pack credits expire 12 months from the date of purchase. It is your responsibility to purchase a pack size that fits your seasonal needs. Expired credits are forfeited and will not be refunded.
- Enterprise Subscriptions & Cancellation: Enterprise plans are billed yearly and provide unlimited unique labels for the duration of the subscription. Enterprise subscriptions automatically renew annually unless canceled at least thirty (30) days before the renewal date. You may submit your cancellation request by emailing us at hello@farmlabel.app.
- No Refunds: Except as expressly stated in the Service Availability and Refunds clause (§6) or where required by applicable law, all Label Pack and Enterprise subscription payments are upfront and non-refundable.
- Chargebacks and Payment Disputes: If you dispute a valid charge with your bank or credit card company (a "chargeback"), we reserve the right to immediately suspend your access to the Service. You agree to pay all amounts due upon invoice and resolve any payment disputes directly with us in good faith.
6. Service Availability and Refunds
We know that harvest doesn't wait, and we strive to keep our Service online at all times. However:
- Outages & Resolution: If the Service becomes unavailable due to a fault on our end (excluding issues caused by you, your network, or third-party providers like Google outages), we will use commercially reasonable efforts to promptly restore the Service.
- Pro-Rata Refunds: If a continuous outage prevents you from using the Service for more than five (5) consecutive business days, you may request a pro-rata refund. This refund will be calculated based on the percentage of unused label credits remaining in your active Label Pack. For Enterprise subscribers, the refund will be pro-rata for the remaining unused portion of your yearly subscription.
- Exclusive Remedy: This pro-rata refund (if applicable) is your sole and exclusive remedy for any downtime or Service unavailability not resulting from your actions or third-party service failures beyond our reasonable control.
7. Data Retention and Backups (24-Month Limit)
Generated PDF labels count against our cloud storage quotas.
- 24-Month Retention: We will store generated PDF labels on our system for a period of twenty-four (24) months from the date they are generated, unless a longer retention period is required by law or agreed upon in writing.
- Your Duty to Back Up: After 24 months, these PDFs will be permanently deleted from our systems. If you are required by FSMA regulations, auditors, or your buyers to retain traceability records for longer than 24 months, you must download and back up these PDFs to your own local devices or cloud storage before the 24-month period expires.
- We accept no liability for any records, labels, or data that are permanently deleted in accordance with this 24-month policy.
8. Privacy and Data Use
- Privacy Policy: Our collection, use, and sharing of your personal and business data are described in our separate Privacy Policy. By using the Service, you agree to the terms of our Privacy Policy.
- Data Usage: We use your data primarily to provide, maintain, and improve the Service. This may include using anonymized and aggregated data for analytics, product development, and industry benchmarking solely for internal product improvement purposes. We will not sell your individual, identifiable data to third parties.
- Data Processing Agreements (DPA): If your business operations require a Data Processing Agreement (DPA) under specific data protection laws (e.g., GDPR, CCPA), please contact us at hello@farmlabel.app, and we will provide our standard DPA for review and execution.
9. Third-Party Services (Google)
- Our Service relies on integrations with third-party providers, specifically Google Workspace (Google Sheets).
- You must maintain an active, compliant Google account to use our Service.
- We are not responsible for any outages, API changes, data loss, security breaches, or service interruptions to the extent caused by such third-party providers.
10. Ownership and Intellectual Property
- Your Data: You retain all ownership rights to your harvest data and the specific information you input into your Google Sheets and that is printed on your labels.
- Our Intellectual Property: We own all rights, title, and interest in and to the farmlabel.app software, code, user interface, barcode generation algorithms, documentation, the "Harvest Tracker" templates we provide, and all associated intellectual property. We grant you a limited, non-exclusive, non-transferable license to use the Service solely for your internal business operations in accordance with these Terms.
11. Warranties & Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPATIBLE WITH ANY SPECIFIC THIRD-PARTY HARDWARE, SOFTWARE, OR SYSTEMS (INCLUDING PRINTERS OR BARCODE SCANNERS).
12. Mutual Indemnification
- Your Indemnification to Us: You agree to defend, indemnify, and hold harmless farmlabel.app, its officers, directors, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or connected with: (a) your data, harvest logs, or label information; (b) your breach of these Terms, including the AUP; or (c) any actual or alleged violation of applicable law or regulation (including FSMA 204).
- Our Indemnification to You: We will defend and indemnify you against any third-party claims alleging that the Service itself (excluding your data, modifications you make, third-party integrations, or the combination of the Service with any product, service, or data not provided by us) infringes upon their intellectual property rights. If such a claim occurs, we reserve the right to modify the Service to be non-infringing or terminate your account and provide a pro-rata refund. This obligation is contingent on you notifying us promptly in writing, allowing us sole control over the defense, and cooperating fully with us.
13. Limitation of Liability
- No Consequential Damages: To the maximum extent permitted by law, we will not be liable to you for any lost profits, lost crops, rejected shipments, regulatory fines, data loss, business interruption, or any indirect, incidental, special, consequential, or punitive damages arising out of your use of, or inability to use, the Service, even if we have been advised of the possibility of such damages.
- Liability Cap: If, notwithstanding the foregoing, we are found liable for any reason, our total cumulative liability to you for any and all claims arising out of or relating to these Terms or the Service will not exceed the total amount you paid us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.
14. Termination
- Termination by You: You can stop using the Service at any time by ceasing to use it.
- Termination by Us: We may suspend or terminate your access to the Service if you breach these Terms. Where reasonably practicable, we will provide you with prior notice of such termination; however, we reserve the right to terminate immediately and without prior notice if: (a) you violate our Acceptable Use Policy (AUP) (§4); (b) we reasonably believe your use of the Service is fraudulent, illegal, or poses a severe security risk; or (c) we discontinue the Service entirely.
- Termination for Payment Failure: If you fail to pay any fees when due, we will provide you with written notice. If you do not cure the payment failure within ten (10) days of such notice, we may suspend or terminate your access to the Service.
- Data Portability Upon Termination: Upon termination of your account for any reason, we will provide you with a thirty (30) day window during which you may access the Service solely for the purpose of exporting and downloading your previously generated PDF labels. After this 30-day window, your access will be permanently revoked, and your data may be deleted in accordance with our retention policies.
- Survival: Sections regarding payment terms (for amounts owed), data retention, ownership, warranties, indemnification, limitation of liability, dispute resolution, and general legal terms will survive termination.
15. Force Majeure
Neither party will be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargos, fires, floods, earthquakes, pandemics, strikes, power outages, internet service provider failures, cyberattacks, or governmental regulations.
16. Dispute Resolution, Binding Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Informal Resolution: Before initiating any formal legal action, you agree to first contact us in writing at hello@farmlabel.app and describe the nature of your dispute. Both parties agree to attempt to resolve the dispute informally for at least thirty (30) days from the date of your written notice.
- Binding Arbitration: If the dispute cannot be resolved informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration on an individual basis, rather than in court. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this arbitration provision. The arbitration shall take place in Illinois, unless the parties agree otherwise.
- Exceptions to Arbitration: Notwithstanding the above, either party may: (a) bring an individual action in small claims court if the claim qualifies; and (b) seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or data security.
- Class Action Waiver: You and we agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action, a representative action, or in any proceeding in which either party acts in a private attorney general capacity. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Governing Law and Venue: These Terms are governed by the laws of the State of Illinois, without regard to its conflict of law principles. For any claims excluded from arbitration (as outlined above), or if this arbitration agreement is found to be unenforceable, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Illinois.
17. General Legal Terms
- Assignment: You may not assign or transfer these Terms or your account without our prior written consent. We may freely assign or transfer these Terms, including your account and data, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
- Modifications: We may update these Terms from time to time. We will notify you of material changes by sending an email to the address on file with your account, or by prominently posting a notice on our website. Material changes will become effective no sooner than thirty (30) days after notification. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Service.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
18. Contact Us
If you have any questions about these Terms, please contact us at hello@farmlabel.app.