Terms & Conditions of Service

Last Updated: November 26, 2025

Welcome to Agrocado! These Terms and Conditions of Service (“Terms”) govern your access to and use of the Agrocado website (the “Website”) and all related services, products, content, and applications (collectively, the “Services”) provided by Agrocado LLC (“Agrocado,” “we,” “us,” or “our”).

By accessing or using the Services, you agree to be bound by these Terms, our Payment Terms (if applicable), and our Privacy Policy. If you do not agree to these Terms, do not use the Services.

1. Eligibility and Accounts

1.1. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Services. By using the Services, you represent and warrant that you meet this requirement.

1.2. Account Registration

To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account.

2. Acceptable Use Policy

You agree not to misuse the Services or help anyone else do so. The following actions are strictly prohibited:

• Illegal Activity: Use the Services for any unlawful purpose or in violation of any international, federal, state, or local laws or regulations.
• Harmful Conduct: Harass, abuse, defame, threaten, or defraud other users, or collect personal information about others without their consent.
• Impersonation: Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• System Interference: Interfere with or disrupt the integrity or performance of the Services or the data contained therein, including attempting to probe, scan, or test the vulnerability of any system or network.
• Commercial Misuse: Resell, sublicense, or charge others for use of the Services, or use the Services in a manner that competes with Agrocado.
• Content Restrictions: Post or transmit any User Content that is obscene, discriminatory, fraudulent, invasive of privacy or publicity rights, or that contains viruses or malicious code.

3. User Content and License

3.1. User Content Responsibility

You are solely responsible for all content, information, and materials that you upload, post, publish, or transmit through the Services (“User Content”). You represent and warrant that you own or have the necessary licenses, rights, and permissions to use and authorize Agrocado to use your User Content as necessary to provide the Services.

3.2. License to Agrocado

By posting User Content, you grant Agrocado a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. This license is strictly for the purpose of operating, improving, marketing, and promoting the Services.

4. Digital Millennium Copyright Act Policy

Agrocado respects the intellectual property rights of others and expects its users to do the same. We will respond to clear notices of alleged copyright infringement that comply with the DMCA.

4.1. Notification of Infringement

If you believe that any content on the Services infringes upon your copyright, you must submit a written notification containing the following:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Agrocado to locate the material (e.g., the specific URL).
4. Information reasonably sufficient to permit Agrocado to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

4.2. Designated Copyright Agent

The Designated Copyright Agent for Agrocado LLC can be reached at:

• Email: contact@agrocado.com
• Mailing Address: 5900 Spout Springs Road, Unit 3C PMB 1104, Flowery Branch, GA, 30542

5. Third-Party Interactions and Transactions

5.1. Nature of the Relationship

Agrocado is solely a platform for connecting users with third-party businesses, including but not limited to farms, markets, and agritourism operators (collectively, “Third-Party Businesses”). Agrocado is not a seller, distributor, or manufacturer of any products listed or promoted on the Services. Agrocado does not control the quality, safety, legality, or operational practices of any Third-Party Businesses or the products/services they offer.

5.2. Disclaimer of Liability for Third-Party Actions

AGROCADO IS NOT A PARTY TO ANY TRANSACTION OR AGREEMENT ENTERED INTO BETWEEN YOU AND ANY THIRD-PARTY BUSINESSES YOU CONTACT THROUGH THE SERVICES. You acknowledge and agree that you are solely responsible for all risks associated with any interactions, purchases, or agreements with Third-Party Businesses, including without limitation:

• The quality or safety of any food, produce, or other goods purchased.
• Injuries or damages that occur while visiting a farm, market, or agritourism site.
• The accuracy of any information, licenses, or certifications provided by the Third-Party Business.

You agree that Agrocado shall not be liable for any loss or damage of any sort incurred as a result of any such dealings. If a dispute arises between you and a Third-Party Business, you understand and agree that Agrocado is under no obligation to become involved.

6. Fees and Payment Terms

6.1. Subscription Services

Agrocado offers certain subscription-based paid Services (e.g., “Claim & Optimize”). By subscribing, you agree to pay the applicable fees, including recurring charges for your subscription plan.

6.2. Billing and Renewals

Subscription fees will be billed on a recurring basis (monthly or annually, as selected) and will automatically renew unless you cancel your subscription at least 24 hours before the end of the current billing cycle. All fees are non-refundable, except as required by law.

7. Disclaimers and Warranties

7.1. General Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, WEBSITE, AND ALL CONTENT AND INFORMATION PROVIDED THEREIN ARE PROVIDED ON AN “AS-IS,” “AS-AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

7.2. Conspicuous Disclaimer of Warranties

AGROCADO LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, AND THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. AGROCADO DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

8. Limitation of Liability and Indemnification

8.1. Exclusion of Damages

In no event shall Agrocado, its affiliates, directors, employees, or agents be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Services.

8.2. Limitation of Liability Cap

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AGROCADO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AT ALL TIMES TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50.00) OR (B) THE AMOUNT YOU PAID TO AGROCADO FOR THE SERVICES IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8.3. Indemnification

You agree to defend, indemnify, and hold harmless Agrocado and its affiliates from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

1. Your access to or use of the Services.
2. Your violation of these Terms.
3. Any User Content you post or transmit, including without limitation, any claim that your User Content infringes upon the intellectual property rights or proprietary rights of any third party.
4. Your interaction with any other user of the Services.

9. Governing Law and Dispute Resolution

9.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles.

9.2. Mandatory Binding Arbitration

Any and all disputes, claims, or controversies arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Atlanta, Georgia, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

9.3. Class Action Waiver

YOU AND AGROCADO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 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.

10. Miscellaneous

These Terms constitute the entire agreement between you and Agrocado concerning the Services. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.