Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the websites, mobile applications, and other products and services (collectively, the “Services”) provided by Fresh Figs LLC (“Fresh Figs,” “we,” “us,” or “our”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you must not use our Services.

1. Eligibility

You must be at least 13 years of age to use our Services. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use our Services with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By using our Services, you represent and warrant that you meet these eligibility requirements.

2. Accounts

To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are solely responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately at legal@freshfigs.co if you suspect any unauthorized use of your account.

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms, is harmful to other users or third parties, or is otherwise objectionable.

3. Acceptable Use

You agree not to use our Services to:

• Violate any applicable local, state, national, or international law or regulation
• Infringe or misappropriate the intellectual property rights of others
• Transmit any material that is unlawful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Interfere with or disrupt the integrity or performance of the Services or related systems
• Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services
• Use any automated means (bots, scrapers, crawlers) to access or collect data from the Services without our prior written consent
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services
• Upload or transmit viruses, malware, or any other malicious code
• Use the Services for any commercial purpose not expressly permitted by us

4. User Content

You retain ownership of any content you create, upload, or store through our Services (“User Content”), including journal entries, gratitude logs, notes, and other materials. By using our Services, you grant Fresh Figs a limited, non-exclusive, worldwide, royalty-free license to use, store, process, and display your User Content solely as necessary to provide and improve the Services.

You represent and warrant that you own or have the necessary rights to your User Content and that your User Content does not violate the rights of any third party. We do not claim ownership of your User Content and will not use it for advertising, marketing, or training purposes.

We are not responsible for any User Content that is lost, damaged, or deleted. You are solely responsible for maintaining backups of your User Content.

5. Intellectual Property

All content, features, functionality, trademarks, logos, and design elements of the Services (excluding User Content) are and remain the exclusive property of Fresh Figs LLC and its licensors. The Services are protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and international jurisdictions.

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on any part of our Services without our express prior written consent.

6. Payments, Subscriptions, and Refunds

Certain features of our Services may be available through paid subscriptions or one-time purchases. Payment processing is handled by third-party providers including Apple (for in-app purchases), Stripe, and RevenueCat. By making a purchase, you agree to the terms and conditions of the applicable payment processor.

Subscriptions: If you subscribe to a paid plan, your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings, the App Store, or by contacting us. Cancellation takes effect at the end of the current billing period.

Refunds:For purchases made through the Apple App Store, refunds are subject to Apple's refund policies. For purchases made through Stripe, refund requests may be submitted to legal@freshfigs.co within 14 days of purchase. Refunds are granted at our sole discretion.

Price changes: We reserve the right to change our pricing at any time. For active subscribers, price changes will take effect at the beginning of the next billing cycle following notice of the change.

7. Third-Party Services

Our Services may integrate with or contain links to third-party websites, services, or content. We do not endorse, control, or assume responsibility for any third-party services. Your use of third-party services is governed by their respective terms and privacy policies. We are not liable for any loss or damage arising from your use of third-party services.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

FRESH FIGS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES.

Our Services are not a substitute for professional medical, psychological, or therapeutic advice. Any health-related or wellness content is for informational purposes only.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRESH FIGS LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
• ANY CONTENT OBTAINED FROM THE SERVICES
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
• LOSS OR CORRUPTION OF YOUR USER CONTENT

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Fresh Figs LLC, its officers, directors, members, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

11. Dispute Resolution and Arbitration

Informal Resolution: Before initiating any formal dispute resolution, you agree to contact us at legal@freshfigs.co and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration:If the dispute cannot be resolved informally, you and Fresh Figs agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall take place in the state where Fresh Figs LLC is organized, and the arbitrator's decision shall be final and binding.

Class Action Waiver: YOU AND FRESH FIGS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Exceptions: Either party may bring claims in small claims court if eligible, or seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Fresh Figs LLC is organized, without regard to conflict of law principles.

13. Termination

You may terminate your account at any time by deleting your account through the Services or by contacting us. We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fresh Figs regarding the use of the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a revised “Last updated” date and, where required, by providing additional notice (such as email notification). Your continued use of the Services after any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.

17. Contact Us

If you have questions about these Terms, please contact us: