Terms and Conditions

Agreement and Acceptance

Binding Nature of Terms

These Terms and Conditions form a legally binding agreement between you and Freshkeep. By accessing or using our website, requesting information, or utilizing our services, you expressly agree to comply with and be bound by these terms.

If you do not agree with any part of these terms, you must not use our website or services. Your continued use of our services constitutes ongoing acceptance of these terms and any modifications we may make to them.

Capacity to Enter Agreement

By using our services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

Scope of Agreement

This agreement governs all aspects of your relationship with Freshkeep, including but not limited to your use of our website, communications with our company, and any services we provide. These terms supplement and do not replace our Privacy Policy, Cookie Policy, or other specific terms that may apply to particular services.

User Obligations and Responsibilities

Legal Compliance

You agree to:

Comply with all applicable local, state, national, and international laws and regulations
Not use our services for any unlawful or prohibited purpose
Respect all applicable intellectual property rights
Refrain from any activity that could harm, disable, or impair our services
Maintain the confidentiality of any account credentials or sensitive information

Prohibited Activities and Behaviors

You specifically agree not to:

Use the website in any manner that could damage, disable, overburden, or impair our servers or networks
Attempt to gain unauthorized access to any portion of the website, other accounts, computer systems, or networks
Use any automated means to access the website or collect information without our express written permission
Interfere with or disrupt the website or servers or networks connected to the website
Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature
Engage in any conduct that restricts or inhibits any other user from using or enjoying the website
Violate any applicable laws or regulations in your use of the website

Information Accuracy

You are responsible for ensuring that all information you provide to us is accurate, current, and complete. You agree to update such information promptly if it changes. Providing false or misleading information may result in termination of your access to our services and may constitute a violation of applicable laws.

Indemnification

You agree to indemnify, defend, and hold harmless Freshkeep, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising out of or in any way connected with your access to or use of our services, your violation of these Terms, or your violation of any rights of another party.

Liability Limitations and Warranties

Disclaimer of Warranties

Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:

Implied warranties of merchantability and fitness for a particular purpose
Warranties regarding the accuracy, reliability, or completeness of content
Warranties that the website will be uninterrupted, timely, secure, or error-free
Warranties regarding the results that may be obtained from use of the website
Warranties regarding the quality of any products, services, or information obtained through the website

Limitation of Liability

To the fullest extent permitted by applicable law, Freshkeep shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Loss of profits, revenue, or business opportunities
Loss of data or information
Business interruption or loss of goodwill
Cost of substitute services or products
Personal injury or property damage

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damages.

Exclusion of Consequential Damages

Under no circumstances shall Freshkeep be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including but not limited to internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, or orders of courts.

Force Majeure

We shall not be liable for any failure to perform our obligations where such failure results from any cause beyond our reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation, strikes, labor disputes, riots, war, governmental actions, natural disasters, or acts of hackers or third-party internet service providers.

Legal Information and Dispute Resolution

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which Freshkeep operates, without regard to its conflict of law provisions. Your use of the website may also be subject to other local, state, national, or international laws.

Jurisdiction and Venue

You agree that any legal action or proceeding between you and Freshkeep for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in the courts of competent jurisdiction sitting in the location of Freshkeep's principal place of business. You hereby consent to the personal jurisdiction and venue of such courts.

Dispute Resolution Procedures

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof:

The parties shall first attempt to resolve the dispute through good faith negotiations
If informal resolution is unsuccessful within 30 days, either party may initiate formal legal proceedings
Both parties agree to cooperate fully in the exchange of relevant information and documents
Any dispute resolution shall be conducted in English

Severability Clause

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable provision shall be replaced with a valid, enforceable provision that most closely matches the intent of the original provision.

Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the website, constitute the entire agreement between you and Freshkeep concerning your use of the website and services. No other agreement, oral or written, will be binding unless signed by an authorized representative of Freshkeep.

Terms Modification Policy

Right to Modify Terms

Freshkeep reserves the right to modify, amend, or update these Terms and Conditions at any time without prior notice. Changes will become effective immediately upon posting to this page. We will update the "Last Updated" date at the top of this page to reflect the date of the most recent changes.

It is your responsibility to review these Terms periodically for changes. Your continued use of our website and services following the posting of changes constitutes your acceptance of such changes.

If you do not agree to the modified terms, you must discontinue use of our website and services. We recommend checking this page regularly to stay informed of any updates.

Questions or Concerns

If you have any questions, comments, or concerns regarding these Terms and Conditions, please do not hesitate to contact us through our Contact page.

We are committed to addressing your inquiries and resolving any issues in a timely and professional manner.