Terms of Service

1. Definitions

• "Service" means the AcreTrail multi-tenant farm order management platform, including the web application, mobile applications, APIs, and related services.
• "Customer Account" means the account provisioned for your farm operation on the Service.
• "Customer Data" means data, content, and information that you or your End Customers submit to or generate through the Service, including order data, product catalogs, customer contact information, and communications.
• "End Customer" means an individual who purchases or interacts with you through the Service.
• "Subscription" means a paid plan for use of the Service as agreed at sign-up or upgrade.
• "Trial" means a no-cost evaluation period of the Service.

2. The Service

AcreTrail provides a multi-tenant software platform that gives farms branded web and mobile applications for managing customer orders, delivery schedules, pickup locations, and product catalogs. The Service is provided as software-as-a-service, accessed over the internet. AcreTrail does not handle, fulfill, deliver, or take title to any farm products; you remain solely responsible for fulfilling orders placed through the Service and for the relationship with your End Customers.

3. Eligibility and Account Registration

You must be at least 18 years old and capable of forming a binding contract. You agree to provide accurate, current, and complete information during registration and to keep that information up to date. You are responsible for safeguarding your account credentials and for all activity under your Customer Account. Notify us promptly of any unauthorized access.

4. Trial

We may make the Service available on a Trial basis. During the Trial period:

• The Service is provided free of charge.
• You may evaluate the Service for your business but may not use the Trial for competitive analysis or to develop a competing product.
• No payment method is required to begin a Trial. You may add payment information and select a paid plan at any time during the Trial through your account.
• If you have selected a paid plan and provided valid payment information before the Trial ends, your first Subscription fee will be charged when the Trial ends and access to the Service will continue without interruption. You may cancel a selected plan at any time before the Trial ends without being charged.
• If the Trial ends without a paid plan selected and valid payment information on file, you will enter a short grace period during which you may complete payment setup. After the grace period, access to the Service will be suspended until payment setup is completed. We may terminate suspended accounts under Section 16.
• We may modify or end the Trial at any time.
• Customer Data created during the Trial is treated as Customer Data under these Terms.

5. Subscriptions, Fees, and Billing

5.1 Fees

If you select a paid Subscription, you agree to pay the fees specified for the plan you select. Fees may include:

• A recurring Subscription fee, billed monthly or annually as specified at sign-up.
• A per-transaction fee on payments processed through the Service, as specified at sign-up or in your current plan.
• Other fees described at the point of purchase.

5.2 Auto-Renewal

Paid Subscriptions automatically renew at the end of each billing period (monthly or annually) at the then-current rate, unless you cancel before the renewal date. By providing payment information, you authorize us to charge the recurring fee to your payment method on each renewal.

5.3 Payment Processing

Payments are processed by Stripe, Inc. ("Stripe"). By using the paid Service, you also agree to Stripe’s terms of service and acknowledge that payment processing is subject to Stripe’s policies and any applicable processing fees.

5.4 Failed Payments

If a payment fails, we may suspend or terminate access to the Service after reasonable notice. You remain responsible for any unpaid fees accrued before suspension or termination.

5.5 Taxes

Fees are exclusive of taxes. You are responsible for all sales, use, value-added, and similar taxes other than taxes based on our net income.

5.6 Price Changes

We may change Subscription prices on at least thirty (30) days’ written notice. Price changes take effect at the next renewal after the notice period. Continued use of the Service after a price change takes effect constitutes acceptance.

6. Cancellation and Refunds

You may cancel your Subscription at any time through the Service or by contacting us. Cancellation takes effect at the end of the then-current billing period, and you will retain access to the Service through that date. No refunds or credits are issued for partial billing periods, unused features, or past charges, except where required by law.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Upload, transmit, or store any content that is unlawful, infringing, defamatory, harassing, or harmful.
• Attempt to access accounts, data, or systems that do not belong to you.
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent permitted by law.
• Interfere with or disrupt the integrity or performance of the Service.
• Use the Service to send unsolicited bulk communications ("spam") or in violation of telecommunications laws including the TCPA and CAN-SPAM Act.
• Resell, sublicense, or otherwise commercially exploit the Service except as expressly permitted.
• Use the Service to compete with AcreTrail or to develop a competing product.

We may suspend or terminate access for any violation of this section, with or without notice depending on the severity.

8. Customer Data and Privacy

8.1 Ownership

As between you and AcreTrail, you own all right, title, and interest in Customer Data. You grant AcreTrail a worldwide, royalty-free, non-exclusive license to access, host, copy, transmit, display, and process Customer Data solely as necessary to provide and improve the Service.

8.2 Your Responsibilities

You are solely responsible for:

• The accuracy, quality, and legality of Customer Data.
• Obtaining all necessary rights, consents, and authorizations from End Customers to submit their information to the Service, including consent for SMS and email communications.
• Complying with all laws applicable to your collection and use of End Customer data, including the CAN-SPAM Act, TCPA, CCPA, GDPR (where applicable), and similar laws.

8.3 Privacy Policy

Our Privacy Policy describes how we collect, use, and disclose personal information. By using the Service, you agree to the Privacy Policy.

8.4 Aggregated Data

We may collect and use aggregated, de-identified data derived from use of the Service for any purpose, including product improvement and benchmarking. Aggregated data does not identify you or any End Customer.

9. Confidentiality

Each party may have access to confidential information of the other. The receiving party will use the same degree of care to protect the disclosing party’s confidential information as it uses for its own, and not less than reasonable care, and will use it only for purposes of these Terms. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without confidentiality obligations.

10. Intellectual Property

10.1 AcreTrail IP

The Service, including all software, content, designs, trademarks (including "AcreTrail" and the AcreTrail logo), and documentation, is owned by AcreTrail or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during the term, subject to these Terms.

10.2 Feedback

If you provide suggestions, comments, or other feedback about the Service, you grant AcreTrail a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation.

11. Third-Party Services

The Service integrates with third-party services including Stripe (payments), Twilio (SMS), Google Firebase and Google Cloud (infrastructure), Apple, and Google. Your use of those services is subject to their respective terms. We are not responsible for the availability, accuracy, or content of third-party services.

12. Service Availability; No SLA

We will use commercially reasonable efforts to make the Service available, but we do not guarantee uninterrupted or error-free operation. The Service may be unavailable from time to time for maintenance, upgrades, or reasons outside our control. We do not offer a service-level agreement at this time. You acknowledge that AcreTrail is not responsible for delays, failures, or losses arising from Service downtime.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE SECURE, UNINTERRUPTED, TIMELY, OR ERROR-FREE, OR THAT CUSTOMER DATA WILL BE ACCURATE OR PRESERVED WITHOUT LOSS. YOU USE THE SERVICE AT YOUR OWN RISK.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• IN NO EVENT WILL ACRETRAIL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, AND EVEN IF ACRETRAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• ACRETRAIL’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO ACRETRAIL FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER.

THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. Indemnification

You will defend, indemnify, and hold harmless AcreTrail, its members, officers, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Service;
• Your Customer Data, including any claim by an End Customer arising from your handling of their data, orders, or communications;
• Your products, including any claim of product liability, food safety, mislabeling, or fulfillment failure;
• Your violation of these Terms, applicable law, or the rights of any third party; or
• Your acts or omissions in operating your farm business.

AcreTrail will promptly notify you of any claim and may reasonably cooperate in the defense at your expense. You may not settle any claim that imposes an obligation on AcreTrail without our prior written consent.

16. Term and Termination

16.1 Term

These Terms begin when you accept them and continue until terminated.

16.2 Termination by You

You may terminate at any time by canceling your Subscription. See Section 6.

16.3 Termination by Us

We may suspend or terminate your access immediately if:

• You materially breach these Terms and fail to cure the breach within thirty (30) days of written notice (or immediately if the breach is incapable of cure or threatens harm to the Service, other customers, or third parties);
• You fail to pay fees when due;
• Required by law or to protect the security or integrity of the Service.

We may also terminate for convenience on at least thirty (30) days’ written notice.

16.4 Effect of Termination

Upon termination:

• Your right to access the Service ends.
• For thirty (30) days after termination, you may request export of your Customer Data in a commercially reasonable format. After this period, we have no obligation to retain Customer Data.
• We will delete Customer Data within sixty (60) days after termination, except where retention is required by law or for legitimate business purposes (such as audit trails or fraud prevention).
• Sections that by their nature should survive (including Sections 8, 9, 10, 13, 14, 15, 17, 18, and 19) will survive termination.

17. Modifications to the Terms

We may modify these Terms from time to time. If we make a material change, we will provide at least thirty (30) days’ notice by email and through the Service before the change takes effect. Your continued use of the Service after the effective date of a modified version constitutes acceptance of the modified Terms. If you do not agree, your sole remedy is to terminate your Subscription before the effective date.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Cowlitz County, Washington for any dispute arising out of or relating to these Terms. Each party waives any right to a jury trial.

The U.N. Convention on Contracts for the International Sale of Goods does not apply.

19. General

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any order form or plan terms, constitute the entire agreement between the parties and supersede all prior agreements regarding the Service.

19.2 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

19.3 Notices

Notices to AcreTrail must be sent to Coral Cove Software, LLC, PO Box 534, Castle Rock, WA 98611 with a copy by email to legal@acretrail.com. Notices to you will be sent to the email address on your account.

19.4 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

19.5 No Waiver

Failure to enforce a provision is not a waiver of the right to enforce it later.

19.6 Force Majeure

Neither party is liable for failure to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, power or internet outages, or governmental action.

19.7 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship.

19.8 No Third-Party Beneficiaries

There are no third-party beneficiaries to these Terms.

20. Contact

Questions about these Terms? Contact us at: