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Terms of Service

Last updated: April 2026

Welcome to FreshPick AI, a product of DM Generation, Inc. By accessing or using the FreshPick AI application and website (collectively, the "Service"), you agree to be bound by these Terms of Service. Please read them carefully before using the Service.

⚠ Important Disclaimer — Please Read

FreshPick AI provides general produce identification and freshness guidance for informational purposes only. The AI-generated recommendations are NOT a substitute for professional food safety advice, and may be inaccurate.

You assume full responsibility for any decisions made based on information provided by this Service. Always use your own judgment when evaluating produce for consumption.

1. Acceptance of Terms

By creating an account or using FreshPick AI, you confirm that you are at least 18 years old and agree to these Terms of Service and our Privacy Policy. If you do not agree, do not use the Service.

2. Description of Service

FreshPick AI uses artificial intelligence to analyze photographs of fruits and vegetables and provide general guidance on produce identification, freshness assessment, storage recommendations, and recipe suggestions. The Service is intended for general informational and entertainment purposes only.

3. No Warranty — AI Limitations

You expressly understand and agree that:

AI recommendations may be incorrect, incomplete, or outdated
The Service may misidentify produce types or misjudge ripeness or quality
Photo quality, lighting, and angle significantly affect accuracy
The Service does not account for food allergies, dietary restrictions, or individual health conditions
No recommendation from the Service should be considered a guarantee of food safety
The Service is provided "AS IS" without warranty of any kind, express or implied

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DM GENERATION, INC., ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM:

Your use of or reliance on the Service
Any inaccurate produce identification or freshness assessment
Illness, injury, allergic reaction, or adverse health outcome
Food spoilage, waste, or financial loss
Any interruption or cessation of the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE PAST TWELVE (12) MONTHS, OR $10.00, WHICHEVER IS GREATER.

5. User Responsibilities

You agree that you are solely responsible for:

Verifying the safety and freshness of any produce before consumption
Not relying solely on AI recommendations for food safety decisions
Consulting appropriate professionals for dietary, allergy, or health-related questions
Maintaining the security of your account credentials
All activity that occurs under your account

6. Subscriptions and Payments

FreshPick AI offers free and paid subscription tiers. Paid subscriptions are billed through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis. You may cancel at any time through your account settings. Refunds are provided at our discretion and governed by our Refund Policy.

7. Prohibited Uses

You agree not to use the Service to:

Violate any applicable laws or regulations
Upload images containing harmful, offensive, or illegal content
Attempt to reverse engineer or extract the underlying AI models
Resell or redistribute the Service without authorization
Use automated tools to scrape or abuse the Service

8. Intellectual Property

All content, design, code, and functionality of the Service is owned by FreshPick AI and protected by applicable intellectual property laws. You may not copy, reproduce, or distribute any part of the Service without written permission.

9. Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms. Upon termination, your right to use the Service ceases immediately.

10. Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Contra Costa County, California.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or in-app notice. Continued use of the Service after changes constitutes acceptance of the new Terms.

12. Contact

For questions about these Terms, contact us at: legal@freshpick.ai
DM Generation, Inc. · Contra Costa County, California