GrownBy Terms of Service

THIS IS A TERMS & CONDITIONS AGREEMENT THAT COVERS YOUR ACCESS TO AND USE OF THE GROWNBY PLATFORM.

IF YOU VISIT OR USE THE GROWNBY PLATFORM AND/OR PURCHASE ANY GOODS FROM THIRD PARTY SELLERS THROUGH THE GROWNBY PLATFORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SUCH ACTION.

Revised: June 30, 2026

This Terms & Conditions Agreement (the “Agreement”) is entered into immediately upon your acceptance of the Agreement while creating an account on the GrownBy platform (the “Effective Date”) by and between yourself (“BUYER”) and FARM GENERATIONS COOPERATIVE, having a place of business at 29 Pioneer Street #305, Cooperstown, New York 13326 (“FARM GENERATIONS”). BUYER and FARM GENERATIONS are hereinafter individually referred to as a “Party” and collectively as the “Parties”.

WHEREAS FARM GENERATIONS provides Software, including a mobile application, for the online purchase of agricultural produce and/or goods;

WHEREAS BUYER is utilizing the Software to purchase Products (the “Purpose”);

WHEREAS FARM GENERATIONS is willing to grant limited and restricted access rights to the Software on a software as a service basis to BUYER under the terms and conditions provided by this Agreement for the Purpose. 

NOW, THERFORE the Parties hereto do agree as follows:

1. Definitions.

1.1. Agreement: means this Agreement and its potential amendments.

1.2. Software: means the FARM GENERATIONS proprietary GrownBy software platform, in both source and object code form, including its features and functionalities, as well as all of the related services provided therein, and any future releases and versions of a GrownBy sales platform.

1.3. Products: means the food, goods, etc. grown and/or provided by Seller, as sold through the Software.

1.4. Seller: means any individual or entity utilizing the Software to market and/or sell Products.

 

2. Introduction.

 

2.1. The terms and conditions of the Agreement govern when BUYER:

 

 

(a) accesses the Software, mobile app, and/or website, including interacting with, and/or viewing any of the text, photographs, graphics, artwork and any other content featured on the Software, mobile app, and/or website.

 

(b) uses the Software to view or purchase Products marketed for sale directly from third-party businesses, including through their own individual website(s) linked through the Software for purchase; 

 

(c) uses the Software to purchase Products directly from Sellers (“Purchase”);  

 

2.2. By using the Software, BUYER acknowledges that they have read, understood, and agree to be legally bound by this Agreement and have read, understand, and agree to be legally bound by FARM GENERATIONS’ Privacy Policy found on the Software.

 

2.3. FARM GENERATIONS may modify this Agreement at its sole discretion. FARM GENERATIONS shall notify BUYER of any modifications to this Agreement by making the revised version available on the Software and shall indicate the date that revisions were last made. Any such modification will be effective upon FARM GENERATIONS’ posting of the new terms and conditions.

 

3. Eligibility.

 

3.1. By using the Software, the BUYER represents that they are at least eighteen (18) years of age and have the requisite power and authority to enter into the Agreement and perform their obligations hereunder, including payment of all charges and fees for Purchases.

 

4. Registration.

 

4.1. BUYER may create an account during the registration process. This account is for BUYER’s personal use only. BUYER must provide complete and accurate information at all times and maintain the secrecy of account credentials. BUYER is responsible for all activities, including payment obligations, that occur in connection with this account unless FARM GENERATIONS agrees otherwise in their sole and absolute discretion.

 

5. Nutritional and Product Information.

 

5.1. Any nutritional, health, or product related information provided on the Software is for convenience purposes only and is not intended to, nor does it constitute medical, health and/or legal advice in any form. FARM GENERATIONS does not guarantee the accuracy of any nutritional, health, or product information provided by Sellers. FARM GENERATIONS shall not be responsible for any loss or damage resulting from BUYER’s reliance on nutritional, health, or product information, including but not limited to ensuring that any products BUYER purchases or consumes meet BUYER’s individual dietary needs, restrictions, or preferences. BUYER should always check the ingredients associated with any Purchase received from Sellers to avoid potential allergic reactions. BUYER should promptly contact their health care provider if they have or suspect an allergic reaction or other adverse health events. Please Note: Products may contain or may have been manufactured in a facility that also processes dairy, eggs, fish, shellfish, soy, and tree nuts.

 

6. Purchases of Goods

 

6.1. All Purchases facilitated through the Software are subject to this Agreement. BUYER may sign up for an ongoing Purchase such as a community supported agriculture or other recurring Purchase (“Shares”). Shares are subscription shares for a specific period designated in BUYER’S Purchase. BUYER will be charged the applicable price listed for the selected Shares. FARM GENERATIONS shall not refund any amounts charged to or paid by BUYER, except as otherwise expressly noted below or agreed to directly by the Seller.

 

6.2. Applicable sales tax may be charged on BUYER's Purchase based on local and state laws in accordance with the Seller’s agreement for sale with BUYER.

 

7. Cancellation or Modification of Purchase.

 

7.1. All terms related to cancellation or modification of a Purchase are subject to the Seller’s agreement for sale with BUYER. 

 

7.2. FARM GENERATIONS does not offer refunds or cancellations through use of the Software. FARM GENERATIONS shall use commercially reasonable efforts to provide accurate contact information for any Seller that BUYER wishes to contact regarding any cancellation or modification of a Purchase. However, FARM GENERATIONS is not responsible for facilitation or resolution of any dispute. This clause survives any expiration or termination of this Agreement.  

 

8. Delivery of Products.

 

8.1. FARM GENERATIONS is not a parcel delivery company or supply chain distributor and shall not be responsible for ensuring BUYER’s Purchase is completed and/or fulfilled, including but not limited to delivery and/or pickup for any of BUYER’s Purchases. All pickup and/or delivery of BUYER’s Purchases is coordinated and/or provided by the Seller directly to BUYER. BUYER is responsible for coordinating and/or following all Seller directions in that regard. For clarity, pickup and/or delivery of BUYER’s Purchase may include BUYER traveling directly to Seller’s location to receive the Purchase. This clause survives any expiration or termination of this Agreement.

 

8.2. All terms and obligations regarding fulfillment of a Purchase are between BUYER and Seller, including but not limited to availability of Products Purchased. Seller may substitute BUYER’s Products for a similar product without notice. BUYER shall carefully check all substituted Products for any food allergies issues prior to consumption.

 

9. Processing Fees. 

 

9.1. BUYER may be charged a processing fee when making a Purchase through the Software by their payment provider. BUYER shall contact their payment provider to confirm eligibility for a refund in the case of any processing fee disputes charged. FARM GENERATIONS shall not be responsible for mediating disputes between BUYER and their payment processor. BUYER shall pay any processing fees unless Seller chooses to cover processing fees for the BUYER. In that case, BUYER must reach out to the Seller directly to seek a refund. The refund will be sent back to BUYER’s original payment method if the Seller covers the processing fee.

 

10. Software Service Access.

 

10.1. BUYER shall be responsible at all times for having an applicable mobile device and/or other equipment and service necessary to access the Software and complete a Purchase. Standard messaging, data, and wireless access charges may apply. BUYER shall be responsible for all such charges. FARM GENERATIONS shall not be liable to BUYER for any such charges billed by BUYER’s wireless carrier and/or applicable service provider.

 

11. Applicable Law/Export Restrictions. 

 

11.1. The Software is subject to all applicable local, state, national, and international laws, statutes, rules, regulations, and ordinances. BUYER shall comply with all such requirements when using the Software, including those related to online social media and other content.

 

12. Intellectual Property and Ownership.

 

12.1. FARM GENERATIONS shall be the sole and exclusive owner of all rights, title, and interest in the Software, any and all trade or other marks of FARM GENERATIONS, copies thereof, all updates and other modifications thereto, and all intellectual property rights therein, whether suggested, created, made, or provided by FARM GENERATIONS, BUYER, or any other person including without limitation (“FARM GENERATIONS IP”). BUYER shall not acquire any right, title, or interest, express or implied, in FARM GENERATIONS IP, other than as granted in this Agreement.

 

12.2. BUYER shall not utilize or exploit FARM GENERATIONS IP or Software for any form of commercial gain. Any redistribution, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. This Agreement permits BUYER’s access to the Software and FARM GENERATIONS IP for personal use only. BUYER shall not reproduce, translate, distribute, modify, reverse engineer, create derivative works from, publicly display, publicly perform, republish, delete, download, store, or transmit FARM GENERATIONS IP or Software, or allow any other entity or person to do the same. No right, title, or interest in or to FARM GENERATIONS IP or Software is transferred to BUYER, and all rights not expressly granted herein are further reserved by FARM GENERATIONS.

 

13. Links to Third-Party Websites and Content.

 

13.1. Links to Third-Party Websites. If the Software contains links to other websites and resources provided by third parties, these links are provided for BUYER’s convenience only. FARM GENERATIONS has no control over the contents of third-party websites or resources and accepts no responsibility for them or for any loss or damage that may arise from BUYER’s use of them. If BUYER decides to access any of the third-party websites linked through the Software, then BUYER does so entirely at their own risk and is subject to the terms and conditions of use for such third-party websites.

 

13.2. Third-Party Content. The Software may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by FARM GENERATIONS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FARM GENERATIONS. FARM GENERATIONS shall not be liable to BUYER or any third party for the content or accuracy of any materials provided by any third parties that are found on the Software.

 

14. Data Privacy.

 

14.1. FARM GENERATIONS respects BUYER’s privacy in providing the Software. All information, including any personally identifiable information FARM GENERATIONS collects through BUYER’s use of the Software is subject to the Privacy Policy. By using the Software, BUYER acknowledges and agrees to the Privacy Policy and expressly consents to the limited processing of their information in accordance with the Privacy Policy, including processing that may occur in the U.S. Once BUYER leaves the Software to third-party websites or platforms, FARM GENERATIONS is no longer collecting, accessing, and/or processing any personal identifiable information and BUYER is no longer subject to the Privacy Policy. BUYER will be subject to such third-party’s privacy terms, if any, and FARM GENERATIONS is not liable or responsible for any processing or security of BUYER’S information once BUYER leaves the Software. This clause survives any expiration or termination of this Agreement.  

 

15. Confidentiality.

 

15.1. The Parties agree not to permit access to or to disclose the other Party’s Confidential Information, except to its authorized employees, professional agents, and/or authorized users who are bound by confidentiality obligations and/or agreements with terms no less restrictive than those of this section and who need to use or have access to the other Party’s Confidential Information as permitted by this Agreement. A receiving Party shall use at least the same degree of care in protecting the other Party’s Confidential Information as such Party generally exercises in protecting its own most valuable proprietary information and shall inform its employees having access to the Confidential Information of its confidential nature.

 

15.2. “Confidential Information” includes, without limitation, the Software, as well as all information relating to the disclosing Party’s business plans, marketing plans, buyers, technology, employee and organizational information, product designs, product plans and financial information, which, when provided by one Party to the other:

 

15.2.1. are clearly identified as “Confidential” or “Proprietary” or marked with a similar legend;

 

15.2.2. are disclosed orally or visually, identified as Confidential Information at the time of disclosure and confirmed as Confidential Information in writing within 10 days; or

 

15.2.3. a reasonable person would understand to be confidential or proprietary at the time of disclosure.

 

15.3. Notwithstanding the foregoing, the receiving Party shall have no obligation of confidentiality with respect to any information which: 

 

15.3.1. is already known to the receiving Party at the time of disclosure;

 

15.3.2. is or subsequently becomes publicly available through no wrongful act of the receiving Party;

 

15.3.3. is disclosed or provided to the receiving Party by a third party without use of or access to the disclosing Party’s Confidential Information.

 

15.4. Upon expiration or termination of this Agreement, or at a Party’s request, each Party will promptly return or destroy all copies of the other Party’s Confidential Information, including any notes, memoranda, reports or other documentation that contains a Party’s Confidential Information, in its possession or control. At a Party’s request the non-requesting Party will certify to the destruction of all such information.

 

16. Mutual Warranties, Damages and Liability.

 

16.1. Warranty. Each Party hereby represents and warrants to the other that:

 

16.1.1. It has the right and authority to enter into this Agreement, including the right to perform the obligations enumerated herein; and

 

16.1.2. It shall perform its obligations under this Agreement in compliance with all applicable laws.

 

16.2. Disclaimer. THE SOFTWARE AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS, AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO BUYER ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, ACCESS, DATA LOSS, DATA PRIVACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE).

 

16.3. Limitation of Damages and Liability. 

 

16.3.1. AT NO TIME SHALL THE CUMULATIVE LIABILITY OF EITHER PARTY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT IN ANY WAY, UNDER ANY THEORY OF LIABILITY, EXCEED THE LESSER OF EITHER: (1) THE TOTAL AMOUNT OF ALL FEES PAID BY BUYER TO SELLERS THROUGH USE THE SOFTWARE DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE ACCRUAL OF THE MOST RECENT CLAIM; OR (2) ONE THOUSAND US DOLLARS ($1,000). THE LIMITATION OF LIABILITY SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE BUYER AND FARM GENERATIONS THE BUYER EXPRESSLEY UNDERSTANDS AND AGREES THAT NEITHER FARM GENERATIONS NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY “EITHER PARTY”) SHALL BE LIABLE FOR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUNTAIL AND/OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EITHER APPLICABLE PARTY HAS BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THE NEGATION OF DAMAGES SET FORTHABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGIN BETWEEN THE BUYER AND FARM GENERATIONS.

 

17. Intellectual Property Indemnity.

 

17.1.    FARM GENERATIONS shall indemnify, defend and hold BUYER harmless from and against all losses (including reasonable attorney fees) arising out of any third party suit or claim (“Claim”) alleging that BUYER’s authorized use of the FARM GENERATIONS Software infringe any U.S. patent, trademark, trade secret, or other proprietary right such third party (“Intellectual Property Right”). FARM GENERATIONS may, at its option and expense:

 

1. Replace the Software with compatible non-infringing software or content,

2. Modify the Software so that it is non-infringing,

3. Procure the right for BUYER to continue using the Software, or

4. If the foregoing options are not reasonably available, terminate the Agreement.

 

17.2.    BUYER shall indemnify, defend, and hold FARM GENERATIONS harmless from and against all losses (including reasonable attorney fees) arising out of any third-party suit or Claim alleging that:

 

(i) BUYER’s unauthorized use of the Software infringes any Intellectual Property Right of such third party.

(ii) BUYER’s unauthorized use of the Software hereunder has harmed such third-party claimant, or

(iii) BUYER’s use of Software is in violation of any law, rule, or regulation applicable to such use.

 

17.3.    FARM GENERATIONS shall have no obligation to BUYER with respect to any Claim if such Claim existed prior to the Effective Date or such Claim is based upon:

 

1. BUYER’s use of the Software in a manner not expressly authorized by this Agreement, 

2. The combination, operation, or use of the Software with third party material, if BUYER liability would have been avoided in the absence of such combination, use, or operation, or

3. Modification to the Software other than as authorized in writing by FARM GENERATIONS

 

17.4.    The foregoing indemnification obligations of each indemnifying party will be dependent on the indemnified party:

 

(i) providing the indemnifying party with prompt written notice of a Claim;

(ii) permitting the indemnifying party to control the defense and settlement of the Claim;

(iii) not entering into any settlement or compromise of any such Claim;

(iv) providing the indemnifying party with reasonable information and assistance for the defense or settlement of the action; and

(v) using all commercially reasonable efforts to mitigate any loss, damage, or costs related to the Claim.

 

18. Dispute and Governing Law.

 

18.1.    Governing Law. This Agreement shall be governed by and construed in accordance with the laws of New York, U.S.A. and each Party hereto will submit any dispute regarding the interpretation, execution, or validity of this Agreement exclusively to the competent federal or state courts in the State of New York. The parties expressly waive their right to trial by jury of any action or proceeding brought in relation to this Agreement. Any action or proceeding will be heard by a judge. 

 

18.2.    Claims and Disputes. Any dispute arising out of or relating to a purchase or transaction with a Seller is solely between BUYER and the Seller. FARM GENERATIONS may, in its sole discretion, provide information or assistance in connection with such disputes but has no obligation or responsibility to do so. For any dispute directly with FARM GENERATIONS, BUYER may submit a written complaint by mail to the address listed below or by email at info@farmgenerations.coop. FARM GENERATIONS shall use commercially reasonable efforts to resolve such disputes in good faith. Any such dispute not resolved through informal negotiation shall be between BUYER and Seller.

 

19. Term and Termination. 

 

19.1.    Term. The Term of this Agreement shall begin on the Effective Date and continues indefinitely while BUYER has access to the Software. 

 

19.2.    Termination. FARM GENERATIONS may revoke BUYER’s access and use of the Software and terminate this Agreement immediately with or without notice if BUYER breaches the terms of this Agreement. FARM GENERATIONS may, in its sole discretion, allow BUYER an opportunity to cure such breach for a period of time designated by FARM GENERATIONS. This right of termination shall be in addition to and not in lieu of any right of FARM GENERATIONS to recover damages from BUYER for such breach.

 

20. Miscellaneous.

 

20.1.    Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes all prior or contemporaneous representations, understandings, and agreements, whether oral or written, relating to the subject matter hereof. 

 

20.2.    Waiver. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of such Party’s right to enforce that provision or any other provision at any time thereafter.

 

20.3.    Survival. Upon any expiration or termination of this Agreement, all accrued but unpaid amounts that may be properly owing from one party to the other shall become immediately due and payable. In addition to those provisions which by their nature are intended to survive any termination or expiration of this Agreement. Limitation of liability of the Agreement shall specifically survive such termination or expiration. 

 

20.4.    Notice. FARM GENERATIONS may deliver notice under this Agreement by means of electronic mail, a general notice on the software, or by written communication delivered by first class U.S. mail to the address on record in BUYER’s account. BUYER may give notice to FARM GENERATIONS at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Farm Generations Cooperative, P.O. Box 241, Cooperstown, NY 13326, Attn: Legal Department.

 

20.5.    Force Majeure. Neither Party shall be liable to the other, following notice thereof, for any failure or delay in the performance of its obligations (except for required payments and confidentiality obligations) for any cause that is beyond the reasonable control of such Party.