Terms of Service

1. Parties and Agreement

These Terms of Service ("Agreement") constitute a legally binding contract between you ("User," "you," or "your") and Ferma ("Ferma," "we," "us," or "our"), the operator of the Ferma local marketplace platform accessible at this domain.

BY CREATING AN ACCOUNT, CLICKING "I AGREE," OR OTHERWISE ACCESSING OR USING THIS PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT AGREE, YOU MUST NOT CREATE AN ACCOUNT OR USE THIS PLATFORM.

2. Description of Service

Ferma is a private, self-hosted software platform that provides a local marketplace directory connecting neighbors with local farms, food producers, distributors, and service providers. Ferma provides software hosting and directory services only.

Ferma is not a food retailer, food broker, food distributor, payment processor, escrow service, or agent of any kind. We do not inspect, certify, license, endorse, or guarantee any user, listing, product, or service on this platform. We are not a party to any transaction, agreement, or arrangement between users.

3. Eligibility

You must be at least 18 years of age to create an account or use this platform. By agreeing to these Terms, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into a binding contract, are not prohibited from using this platform under any applicable law, and that all information you provide is accurate, current, and complete.

4. Platform Role — No Liability for Transactions

FERMA IS A PASSIVE CONDUIT AND TECHNOLOGY PLATFORM ONLY. All transactions between users are solely between those users. Ferma has no involvement in, control over, or responsibility for: the quality, safety, legality, or fitness of any product or service; the ability of any seller to complete a transaction; the ability of any buyer to pay; any personal injury, illness, death, property damage, or loss arising from any transaction or product; any food safety violations or regulatory non-compliance by any seller; the conduct of any user on or off this platform; or any dispute between users.

5. Payment Processing — Stripe

All payment processing is provided by Stripe, Inc. Ferma does not process, hold, or transfer any funds or payment card information. All payment disputes, chargebacks, fraud claims, and refund requests are governed exclusively by Stripe's policies and must be resolved directly through Stripe. Ferma has no obligation and will not intervene in any payment dispute.

6. Seller Obligations and Compliance

Sellers are solely responsible for: compliance with all applicable federal, state, and local laws including FDA FSMA, USDA regulations, state cottage food laws, and local health department requirements; food safety, handling, storage, preparation, labeling, and delivery of all food products; accuracy of all listing information; obtaining and maintaining all required permits, licenses, certifications, and insurance; collecting and remitting all applicable taxes; and fulfilling all orders. Ferma does not inspect, certify, verify, endorse, or guarantee any seller, product, or service.

7. Buyer Acknowledgments

Buyers acknowledge that Ferma does not inspect or guarantee any product or service; that buyers are solely responsible for their own due diligence before any purchase; that buyers assume all risk associated with purchasing food products or services from independent sellers; and that any remedy lies solely against the individual seller. Ferma is not responsible for allergic reactions, foodborne illness, personal injury, or property damage arising from any product or service purchased through this platform.

8. Prohibited Conduct

Users agree not to post false, misleading, or fraudulent listings; sell illegal products or services; violate any person's intellectual property rights; harass, threaten, or harm any user; distribute spam or malware; circumvent platform fees or security features; harvest other users' personal information; impersonate any person or entity; or use the platform for any unlawful purpose.

9. Intellectual Property

You retain ownership of content you post. By posting content, you grant Ferma a non-exclusive, royalty-free, worldwide license to display, reproduce, and distribute that content solely for platform operation. You represent that you own or have the right to use all content you post.

10. Disclaimer of Warranties

THE FERMA PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED AVAILABILITY, OR THAT ANY LISTED PRODUCT OR SERVICE IS SAFE, LEGAL, OR FIT FOR CONSUMPTION OR USE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FERMA AND ITS OWNERS, OPERATORS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, PERSONAL INJURY, DEATH, FOODBORNE ILLNESS, ALLERGIC REACTION, OR PROPERTY DAMAGE ARISING FROM ANY PRODUCT, SERVICE, OR TRANSACTION ON THIS PLATFORM. IN NO EVENT SHALL FERMA'S TOTAL LIABILITY EXCEED THE GREATER OF: (A) THE ONBOARDING FEE YOU PAID TO FERMA IN THE PRECEDING TWELVE (12) MONTHS, OR (B) ONE HUNDRED DOLLARS ($100.00).

12. Indemnification

You agree to defend, indemnify, and hold harmless Ferma and its owners, operators, employees, contractors, and agents from any claims, liabilities, losses, damages, costs, and expenses (including attorneys' fees) arising from: your use of this platform; any content you post; any product or service you sell; any transaction you enter into; your violation of these Terms; your violation of any applicable law or third-party right; or any food safety violation, personal injury, illness, or property damage caused by your products or services.

13. Dispute Resolution and Arbitration

PLEASE READ CAREFULLY — THIS AFFECTS YOUR LEGAL RIGHTS. Any dispute arising out of or relating to these Terms or your use of this platform shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. CLASS ACTION WAIVER: YOU AND FERMA EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Arbitration shall take place in Pender County, North Carolina.

14. Governing Law

These Terms are governed by the laws of the State of North Carolina, without regard to conflict of law provisions. To the extent any matter is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts in Pender County, North Carolina.

15. Account Termination

Ferma reserves the right to suspend or permanently terminate your account at any time, with or without cause, with or without notice, and without liability. Termination does not relieve you of obligations incurred prior to termination.

16. Onboarding Fees — No Refunds

All onboarding fees are non-refundable under all circumstances, including account termination, voluntary cancellation, lack of sales, or dissatisfaction with results. Ferma makes no representations or guarantees regarding traffic, sales volume, or business outcomes.

17. Privacy and Data

Ferma is a self-hosted, privacy-focused platform. We do not sell, rent, or share your personal data with third parties for advertising or commercial purposes. We have no third-party analytics, ad networks, or tracking pixels on this platform.

What we collect:

• Account information: your name, email address, and location (state and county)
• Your IP address at registration, stored for legal compliance and fraud prevention
• Order history and transaction records (amounts, items, dates)
• Quote requests you submit or receive
• Content you post (listings, products, community posts, event proposals)
• Contact information you choose to display publicly on a listing

What we do not collect:

• Payment card numbers or banking information — all payments are processed by Stripe, Inc. directly
• Location beyond state and county (no GPS, no precise geolocation)
• Browsing behavior, device fingerprints, or cross-site tracking data

How we use your data:

• To operate your account and enable marketplace features
• To send transactional emails only: magic login links, order receipts, quote notifications, and seller alerts
• To display publicly listed contact information on farm and service pages (information you voluntarily provide)
• To prevent fraud, abuse, and unauthorized access

Data retention: We retain account and order records for as long as your account is active. If you request account deletion, your personal information is removed from active records. Order records may be retained in anonymized form for accounting and legal compliance purposes.

Deletion requests: You may request account deletion at any time from your Account settings under the "Contact Admin" tab. Select "Account Deletion" as the request type. We will process your request within 30 days.

By creating an account, you consent to the data practices described in this section.

18. Electronic Agreement and Record

Your electronic acceptance of these Terms — clicking the "I agree" checkbox and submitting your registration — constitutes a valid, binding electronic signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq. A record of your agreement, including your email address, IP address, date and time of agreement, and the version of these Terms you agreed to, is stored and maintained by Ferma as a legally admissible record of your consent.

19. Changes to These Terms

Ferma reserves the right to modify these Terms at any time. Changes will be posted with an updated version number and effective date. Your continued use of the platform after the effective date constitutes acceptance of the updated Terms.

20. Severability and Entire Agreement

If any provision is found unenforceable, it shall be modified to the minimum extent necessary, and remaining provisions continue in full force. These Terms constitute the entire agreement between you and Ferma with respect to your use of this platform.

21. Contact

For questions about these Terms, contact us at [email protected].