Locavana Platform Terms of Service

1. The Platform

• Locavana provides software the Farm uses to run its own store and business, including selling, fulfillment, inventory and marketing tools, and any paid upgrades the Farm adds.
• Locavana provides the means of taking payment and may act as the Farm’s payment facilitator. The Farm is responsible for what it sells, its prices and taxes, and its obligations to its customers.
• Locavana may modify, add, or remove features and services at any time.

2. Fees and Payment

• The online store and its selling tools are offered without a monthly fee. Locavana may change what is offered without a fee, or begin charging for it, with 30 days’ notice.
• Payments from the Farm’s customers are subject to standard credit card processing rates, deducted from each payment.
• Paid upgrades are billed at the prices shown when the Farm adds them. Usage beyond an upgrade’s included amount, such as texts over a monthly allowance, is billed after the period in which it occurs.
• Fees are charged automatically to the payment method on file and are non-refundable, including for partial billing periods.
• Locavana may modify fees with 30 days’ notice by email or in the platform. Continued use of the platform after a change takes effect constitutes acceptance.
• Card payments are processed by Locavana’s payment processor, and the Farm agrees to that processor’s terms for connected accounts.

3. The Farm’s Responsibilities

• Product quality, safety, labeling, licensing and all food safety and regulatory compliance remain the Farm’s responsibility.
• The Farm is responsible for obtaining and honoring its customers’ consent before sending them marketing email or text messages, and for complying with the laws that apply to those messages.
• The Farm is responsible for the accuracy of the information it provides, for keeping its logins secure, and for everything done under its account by its owners, staff and drivers.
• The Farm will not use the platform for any unlawful purpose, or copy, resell, or reverse engineer it.

4. Data

• The Farm’s business data, including its products, orders and customer list, belongs to the Farm. Locavana may use it to provide, maintain and improve its services, and as described in the Privacy Policy.
• Locavana may use aggregated or de-identified data for any purpose.
• After termination, Locavana may retain or delete the Farm’s data as permitted by law.

5. Disclaimers and Limitation of Liability

• The platform is provided "as is" and "as available." Locavana makes no warranty that it will be uninterrupted or error-free, or that it will produce any particular sales or results.
• Locavana is not liable for any indirect, incidental, special or consequential damages, or for lost profits, revenue or data.
• Locavana’s total liability for any claim relating to the platform is limited to the fees the Farm paid Locavana in the 12 months before the claim arose.

6. Indemnification

The Farm shall defend and indemnify Locavana against all claims arising from the Farm’s products, its sales, its messages to customers, its content, or its breach of these Terms. Coverage includes legal fees and settlement costs.

7. Discounts and Promotions

Locavana reserves the right to verify eligibility and deny discounts, bonuses, credits or rewards for any reason, including but not limited to abuse, self-referrals or multiple accounts. Offers are subject to change.

8. Term and Termination

• Month-to-month agreement with no minimum term, renewing automatically unless terminated.
• The Farm may cancel at any time. Paid upgrades end at the close of the billing period already paid.
• Locavana may suspend or terminate an account at any time, including for non-payment or a breach of these Terms.
• Fees owed, and sections 4 through 7 and 10, survive termination.

9. Changes to These Terms

Locavana may update these Terms from time to time and will give notice of significant changes by email or in the platform. Continued use of the platform after an update takes effect constitutes acceptance.

10. Governing Law

These Terms are governed by the laws of the State of Michigan. Any dispute will be resolved in the state or federal courts located in Michigan.

11. Contact Us

For questions about these Terms, please contact us at locavana@locavana.com.