Terms of Service – 1285628.us8.myftpupload.com Managed WordPress Site

Last updated: November 6, 2026
Effective: October 28, 2026
Version: 2026-11-06

1. Who these Terms are between

These Terms of Service (the “Terms”) are an agreement between Nature’s Grove Farm LLC, a Pennsylvania limited liability company with its principal office at 138 Penns Grove Lane, Latrobe, PA 15650 (“Pasturly,” “we,” “us”), and the business that opens a Pasturly account (“you,” the “Farm”).

The person who accepts these Terms confirms that they are authorized to bind the Farm. The Farm is responsible for everyone it lets into its account.

The Service is offered to businesses in the United States only.

These Terms include, by reference:

the Data Processing Agreement at pasturly.com/legal/dpa (the “DPA”), which governs how we handle personal data about the Farm’s customers and staff;
the Acceptable Use Policy at pasturly.com/legal/acceptable-use;
the Copyright and DMCA Policy at pasturly.com/legal/copyright; and
the Sub-processor List at pasturly.com/legal/subprocessors.

Our Privacy Policy at pasturly.com/legal/privacy explains how we handle personal data about you and your staff as their controller. It is not part of this contract, but we will keep to it.

If these Terms and the DPA conflict on personal data, the DPA controls.

2. Definitions

“Service” means Pasturly: the web admin at app.pasturly.com, the Farm’s website, its online shop and checkout, its customers’ sign-in pages, email sent from it, the market and driver pages, the Pasturly point-of-sale app for phones, and everything else we make available under a Farm account.
“Farm Site” means a website the Service hosts for the Farm, at an address like yourfarm.pasturly.farm or at a domain the Farm owns.
“Customer” means anyone who buys from, signs up with, or is recorded as a customer of the Farm through the Service.
“Farm Content” means everything the Farm or its staff put into the Service: products, prices, weights, photos, words, pages, emails, customer records, and settings.
“Farm Data” means Farm Content plus the records the Service creates while the Farm uses it, such as orders, payments recorded, pack weights, cut sheets, CSA and box records, and email history.
“Stripe” means Stripe, Inc. and its affiliates.
“Plan” means the subscription the Farm pays us for (Section 5).
“Staff” means anyone the Farm invites to its account, gives a PIN, or gives a driver’s link, market link or phone.

3. The Service

3.1 What we provide

The Service lets a farm run its direct-to-consumer business: products and stock, selling by weight, orders taken by hand, at a market or online, pickup points, delivery routes and shipping, packing, weighing and labels, CSA seasons, renewing farm boxes, shares of an animal with cut sheets, a customer list, receipts, reminders and marketing email, a website and online shop, and a point-of-sale app.

3.2 Changes to the Service

We may add, change or remove features. We will give at least 30 days’ notice by email before removing or materially reducing a feature that the Farm’s current Plan includes, unless the change is needed sooner for security, to comply with law, or because a provider we rely on stopped offering something. If a change materially reduces what the Farm pays for, the Farm may cancel and we will refund the unused part of any prepaid annual Plan.

3.3 Beta and preview features

Some features are marked as beta, preview or test-only. They are provided as they are, may change or stop without notice, and are excluded from any service commitment. Features that depend on providers’ preview programs (for example, Stripe’s embedded card-reader shop) may change when the provider changes them.

3.4 Features held until reviewed

The following features may be switched off for live accounts until we have confirmed they meet the law, and we may switch them off later for the same reason: CSA payment plans; renewing farm boxes and CSA shares paid month by month; customer updates sent to people who have not subscribed to marketing; Google Analytics and the Meta Pixel on Farm Sites; Pasturly support access to a Farm’s account; and the point-of-sale app. Switching one off is not a breach of these Terms.

4. Your account

4.1 Opening an account

Until we open sign-up to everyone, an account is opened with an invitation code. You must give accurate information about the Farm and keep it current, including the owner’s email address and the Farm’s legal name and mailing address.

4.2 Signing in and security

Staff sign in by an emailed link; there are no passwords. The Farm is responsible for the security of the email accounts its Staff use to sign in, for every PIN, driver’s link, market link and phone it gives out, and for all activity under its account. When someone should no longer have access, the Farm must remove them, reset their link or PIN, or switch off their phone. The Service records views of Customer data in the Farm’s access log (/app/access) so the Farm can see what happened if a phone or link goes missing.

Tell us at once at admin@pasturly.com if you believe someone has gained access to the Farm’s account without permission.

4.3 Owners, managers and staff

The person who opens the account is its owner. The owner may invite others and give them roles. Some actions are for owners only, including connecting Stripe, refunds, closing the account, granting support access, and accepting changes to these Terms. The Farm is bound by what its owners and other Staff do in the Service.

5. Plans, fees and billing

5.1 Plans and prices

The Farm pays for one Plan. Current Plans and prices are shown at pasturly.com/pricing and on the Plan page in the admin (/app/plan) before the Farm chooses:

Plan	Monthly	Yearly
Market	$99	$990 (ten months’ price)
Route	$189	$1,890
Harvest	$299	$2,990

Each additional location or staff member beyond what the Plan includes is $10 a month (or the yearly equivalent), prorated when added or removed. Marketing email beyond the Plan’s monthly allowance is charged at $2 per 1,000 emails, up to a limit the Farm sets, billed the month after it is sent. Prices exclude taxes (Section 5.8).

5.2 Free trial

A Farm’s first paid subscription may start with a free trial of 7 days, once per Farm. The trial and its end date are shown before the Farm enters a card. Unless the Farm cancels before the trial ends, its Plan begins and its card is charged on the day shown.

5.3 Free access before launch, and when it ends

Farms that joined during the invitation-only period may have used the Service without charge. We will tell each such Farm by email, at least 30 days in advance, the last day of its free access. From the next day the admin asks the Farm to choose a Plan before it can be used again. Nothing is deleted when free access ends, and the Farm’s website, checkout, and market and driver pages keep working while the Farm decides.

5.4 Automatic renewal

Plans renew automatically. A monthly Plan renews every month and a yearly Plan every year, at the then-current price, charged to the card on file, until the Farm cancels. By subscribing, the Farm authorizes us (through Stripe Billing) to charge that card for each renewal, for extras added during the period, and for any email overage.

Before a yearly Plan renews we will email the Farm’s owner 30 to 45 days in advance with the renewal date, the amount, and a link to cancel.
The Farm can cancel at any time from the Plan page in the admin, which links to Stripe’s billing page. A monthly Plan’s cancellation takes effect at the end of the month already paid for, and the Farm keeps its Plan until then.
A yearly Plan may be cancelled at any time, and we refund the unused whole months, prorated.
After cancellation the Farm will not be charged again, and Section 13 applies.

5.5 Price changes

We may change our prices. We will email the Farm’s owner at least 30 days before a new price applies to the Farm. The new price applies from the Farm’s first renewal on or after that date. A Farm that does not want the new price may cancel before then.

5.6 Failed payments

If a payment for the Plan fails, Stripe retries it for up to about three weeks and we show a notice in the admin. During that time the Service keeps working. If the payment still fails, the subscription ends and the admin opens only the Plan page until the Farm subscribes again. We may also pause the Farm Site and its online checkout until then. Orders already paid for, CSA pickups and renewing boxes already scheduled are not cancelled by us because of a failed Plan payment, and nothing is deleted.

5.7 Discounts, credits, trials and refunds are at our discretion

From time to time we may, at our sole discretion: extend a trial; give a credit against future invoices; give a discount, as a percentage or a fixed amount, for a period or indefinitely; make a Plan free; pause billing; or refund all or part of an invoice. Each is at our sole discretion and creates no obligation to do the same for another Farm, or for the same Farm again. A discount ends on the date we told the Farm it would, or when we give 30 days’ notice for one with no end date.

Except as these Terms say otherwise or the law requires, fees are not refundable, including for a partly used month or year.

5.7A Referring another farm

While we run our referral program, a Farm may share its own referral link or code. If a new farm signs up through it, and that farm’s first paid invoice is paid, the referring Farm and the new farm each earn one free month.

What a free month is. A credit equal to one month of the Farm’s Plan at its monthly price when the credit is applied, taken off the Farm’s next invoice or invoices. Sales tax and charges for extra locations or staff are still billed. A credit has no cash value, can’t be transferred, and is never paid out, including when a Plan ends. If the Farm has no invoice for it to come off, we keep it until it does.

Limits. A Farm can earn up to 12 free months in any twelve months. A Farm can’t refer itself or a business under the same ownership or control. No free month is earned, and we may take back credit not yet used, if the first payment is refunded in full or disputed, if the new farm’s Plan ends before its second invoice, or if we reasonably believe the referral isn’t genuine. We won’t charge a Farm for credit it has already used in good faith.

Saying you get something. If a Farm recommends Pasturly in public (a post, a newsletter, a talk, a website), it must say clearly that it may earn a free month for the referral, and must say only what is true from its own experience. We give the Farm a line to copy. Spam and unsolicited messages are not allowed. The Farm is responsible for what it says.

Changes. We may change or end the program at any time. Referrals signed up before a change or an end keep the terms they signed up under.

5.8 Taxes

Fees exclude sales, use, value-added and similar taxes. Where we are required to collect a tax on the Plan, it is added to the invoice. The Farm is responsible for taxes on its own sales (Section 7.4).

5.9 Pasturly never charges a markup on card payments

We take no fee or percentage from payments made to the Farm. The Farm pays Stripe’s own fees to Stripe, under its agreement with Stripe.

6. Payments to the Farm: Stripe Connect

6.1 The Farm is the merchant

To take card payments through the Service the Farm connects its own Stripe account. Every card payment from a Customer is made on the Farm’s Stripe account, and the Farm is the merchant of record for every sale. The money goes from Stripe to the Farm’s bank account under the Farm’s agreement with Stripe. Pasturly never receives, holds, or transmits the Farm’s money, and we are not a party to any sale between the Farm and a Customer. Any credit a Farm gives a Customer lives on that Farm’s own books and Stripe account; the Service offers no balance, gift value or credit that can be used at more than one Farm.

6.2 The Farm’s agreement with Stripe

To connect, the Farm accepts Stripe’s Services Agreement and Connected Account Agreement directly with Stripe (https://stripe.com/legal/connect-account). The Farm’s relationship with Stripe is governed by that agreement. Stripe, not Pasturly, decides whether to accept the Farm, verifies its identity, sets and changes its fees, pays it out, and may hold payouts, ask for information, or restrict or close its account. We are not responsible for those decisions.

What Pasturly does on the Farm’s Stripe account. Stripe’s Connected Account Agreement asks the Farm to read its platform’s agreement to understand the “Activity” the platform conducts on its account. This list is that Activity. The Farm authorizes Pasturly, through Stripe’s platform features, to:

create and confirm card payments for the Farm’s sales;
save Customers’ cards on the Farm’s account, and charge them later as Section 6.4 describes;
place card holds and capture them for no more than the amount held;
issue refunds the Farm asks for, or that cancelling an order calls for;
read the account’s status, payments, payouts, refunds and disputes, and show them to the Farm;
calculate tax through Stripe Tax, if the Farm chooses it;
register the Farm’s card readers and phones with Stripe Terminal, and let the Farm buy readers from Stripe.

Pasturly takes no fee on the Farm’s Stripe account. The Farm may disconnect at any time from its Stripe Dashboard; the Service’s card features stop when it does.

The Farm must comply with Stripe’s terms and its Prohibited and Restricted Businesses list (Section 7.1, and the Acceptable Use Policy). Pasturly describes the Farms it onboards to Stripe accurately, as small farms selling food, shares of animals, CSA shares and farm boxes.

6.3 Refunds, disputes and losses are the Farm’s

Because the Farm is the merchant, the Farm alone is responsible for refunds to Customers, chargebacks and disputes, fraud losses, Stripe’s fees, and any negative balance on its Stripe account. Disputes are answered by the Farm in its Stripe Dashboard. We do not respond to disputes for the Farm.

6.4 Charges the Service makes on the Farm’s instructions

On the Farm’s instructions, given through its settings, the Service tells Stripe to charge Customers’ cards at the times the Customer agreed to. These include:

Ordinary orders, charged at checkout.
Items sold by the pound. The card is authorized at checkout for the most the item could weigh (its “ceiling”), and captured for the actual weighed total, never more, once the Farm finalizes the weights. If the authorization expires before then (about seven days), the saved card is charged for the weighed total instead.
Shares of a live animal, bought before slaughter, paid in full, or as a deposit followed by one balance invoice (for a share priced by hanging weight, once the weight is known), with the hanging-weight price and any processing fee shown separately. A share of an animal is never held on a card for later capture, and never sold on a payment plan.
Renewing farm boxes, charged before each box goes out until the Customer skips, pauses or cancels.
CSA shares, in whichever ways the Farm offers: paid in full; a deposit then one balance invoice; month by month; or a payment plan (Section 6.5).
Balances and payment links the Farm sends.

The Farm sets its prices, its schedules, its cutoffs and what it offers. The Service supplies the checkout wording, the confirmation and reminder emails, the charging schedule and the Customer’s own page to skip, pause, cancel or stop. The Farm may edit that wording, but the required disclosures are locked: the amount, how often it is charged, the day each charge falls, and how to cancel. The Farm must honor what its Customers were shown at sign-up.

Price changes on renewing boxes. The Service will not charge a Customer a new price until at least 7 days after emailing them the new price with a link to skip or cancel.

Customers can always cancel. Whatever else happens to the Farm’s account, including a suspension or a lapsed Plan, Customers can still cancel their boxes, month-by-month payments and payment plans from their own page.

6.5 CSA payment plans

A Farm may offer a CSA share on a payment plan: a deposit, then 1 to 12 monthly payments, with no interest and no fee. The Service refuses any plan in which a Customer would, by any pickup, have collected more than they have paid for, so a Customer is always paid ahead of what they collect. The Service checks this when the Farm saves a plan, when a Customer joins, and whenever pickups move, and a Customer who is behind is shown as owing at pickup and is not to be handed food on credit.

A Customer may stop a payment plan at any time from their own page. No further payments are taken, nothing already paid is refunded by the Service, and the Customer keeps every pickup their payments already cover in full. The Farm agrees to honor those pickups. A Farm may choose to refund more than that itself.

Payment plans may be offered only for CSA shares. They may not be used for a share of an animal, for a single product delivered once, for layaway or for any other financing. We may switch payment plans off for every Farm, or for a Farm, until the law is confirmed, and they are switched off wherever live payments are used until we say otherwise.

When a Customer joins on a payment plan, the Service records the wording they were shown, its version, and when they agreed, so the Farm can answer a dispute.

6.6 Saved cards

When a Customer agrees to future charges (a box, a month-by-month share, a payment plan, a by-the-pound order, or their saved card for regular payments), their card is saved on the Farm’s Stripe account as that Customer’s card with the Farm. The consent is given to the Farm, as the merchant, and the Service collects it in the Farm’s name. The wording names the Farm, says which future charges it covers, how their amounts are set, and how to revoke it. The Farm instructs us to charge the card only on the days and for the amounts the Customer was shown. We are responsible for showing that wording and recording its version and when it was agreed.

6.7 Deposits and prepayments

Deposits, CSA payments and other prepayments go to the Farm’s Stripe account and belong to the Farm. Deposits and prepayments are the Farm’s obligation: the Farm is responsible for delivering what was paid for, or refunding it, including if the Farm stops trading. For each share or season it sells with a deposit, the Farm must choose its deposit policy (refundable, refundable until a date, or non-refundable), which the Service shows beside the button and in the confirmation email. The Farm must also state its refund terms before Customers pay. The Service provides a template, which the Farm must review and complete.

6.8 Errors in charges the Service makes

Make-whole policy. If a charge the Service makes on the Farm’s account is wrong because of an error in the Service (for example, charging on a day other than the one shown, charging twice, or capturing more than a weighed total), we will, once we confirm the error:

tell the Farm within 2 business days, and help it identify every Customer affected;
reimburse the Farm, by refund or, if the Farm prefers, a credit on its Plan, for the amounts it refunded to Customers to correct the error that it could not otherwise recover, plus the Stripe fees and dispute fees it paid on the wrong charges;
up to $5,000 for all errors in any twelve months, in addition to the cap in Section 15.2.

The Farm will refund affected Customers promptly from its Stripe account. This is the Farm’s sole remedy for a charging error, except where the error was caused by our gross negligence or willful misconduct.

7. The Farm’s responsibilities

7.1 The Farm’s business and the law

The Farm alone is responsible for its business and its compliance with every law that applies to it, including food safety; licensing; meat, poultry, egg and dairy inspection and exemptions (including custom-exempt processing and the sale of shares of a live animal); raw milk rules; labeling and claims; cottage food rules; interstate and intrastate shipping limits; weights and measures; sales tax; consumer protection; automatic-renewal and prepayment rules as they apply to the Farm’s offers; privacy law as it applies to the Farm as controller of its Customers’ data; and anti-spam law for email sent in the Farm’s name.

Features of the Service that limit what is sold, where it ships, how it is labeled or how it is described work only from what the Farm tells the Service. They are tools, not legal advice and not a guarantee of compliance, and they do not move responsibility from the Farm to us. Nothing in the Service, including a feature that lets something be listed or shipped, means we have approved it as lawful.

Shares of a live animal. A Farm that sells shares of an animal sells a share of a live animal before slaughter. Where the Farm relies on custom-exempt processing (for example 9 CFR 303.1(a)(2)), it is responsible for the structure being what the law requires: the meat for the owner’s own household use, marked “Not for Sale”, and processing for the owner’s account. The Service shows the share’s price, any hanging-weight price, and the processing fee separately.

Raw milk. A Farm may list raw milk, or herd, cow or goat shares and similar arrangements, only if it holds every permit the law requires where it sells. In Pennsylvania that includes a raw-milk permit, and the regulations treat herd shares, cow shares and buyer’s clubs as sales (7 Pa. Code § 59a.402, as amended in May 2026). Before listing raw milk the Farm must give its permit number and confirm it is current. Raw milk may not be shipped or delivered out of state through the Service.

Firearms and other restricted products may be sold through the Service’s checkout only with Stripe’s approval on the Farm’s account.

7.2 Weights and catch weight

When the Farm sells by the pound, the weights the Farm and its Staff enter decide what Customers pay. The Farm is responsible for weighing on scales that are legal for trade where the law requires it, for the accuracy of every weight entered, and for the maximum (“ceiling”) weight it sets for each item, which is what the Customer’s card is authorized for. The Service charges no more than the ceiling and captures only the weighed total.

7.3 Cut sheets and processors

The cut sheet options in the Service for beef, pork and lamb are a starting point. They have not been checked by a processor. The Farm is responsible for confirming with its processor that every option it offers can be cut, for what it sends its processor, and for the yields and weights it records.

7.4 Sales tax

The Farm decides whether it charges sales tax and how each product is taxed. Its answers set the tax on its sales. We do not give tax advice; the Farm should check with its accountant or its state’s revenue department. If it uses Stripe Tax, the calculation is Stripe’s, on the Farm’s own account. The Farm is responsible for registering, collecting, filing and paying its own sales taxes. We do not collect payment for the Farm’s sales, and we are not a marketplace or marketplace facilitator for them.

7.5 The Farm’s customers and their data

The Farm is the controller of its Customers’ personal data, and the DPA governs our handling of it. The Farm is responsible for having a lawful basis to collect and use that data, for its privacy notice (the Service provides a template, which the Farm must review), for answering Customers’ requests (the Service lets Customers download and erase their own data), and for the accuracy of what it records about Customers’ consent to marketing.

7.6 Email sent in the Farm’s name

The Farm is the sender of every email sent in its name, chooses its recipients, and is responsible for its content and for having each recipient’s permission where the law requires it. Pasturly transmits the Farm’s email; it does not choose recipients for, or add content of its own to, the Farm’s campaigns. In particular, the Farm must:

send marketing email (campaigns) only to people who asked for it, never to purchased, rented, scraped or borrowed lists;
when it marks someone as subscribed by hand or imports a list, note how and when consent was given (for example, “market sign-up sheet, June 2026”) and confirm the list was not bought;
give a valid postal address for the foot of its email (a registered PO box or private mailbox will do, and keeps a home address private);
send “customer updates” (which go to people who have not subscribed) only about orders, pickups, deliveries, shares or memberships, only to people with an active or recent order, box, share or membership, and never to sell; and
keep to the email rules in the Acceptable Use Policy, which carry over the rules of our email provider, Postmark.

We may pause the Farm’s campaigns at once if its bounce or spam-complaint rates put other Farms’ email at risk (Section 12.2).

7.7 The Farm’s website

The Farm is responsible for everything on its Farm Site. The Farm warrants that every claim it makes about its food and its farm is true and lawful (“grass-fed”, “organic”, “pasture-raised”, health claims and the like). Starter text in our themes is a placeholder for the Farm’s own words; once published on its site it is the Farm’s statement, and the Farm must change anything in it that is not true of its farm. The Farm must follow the Acceptable Use Policy and the Copyright and DMCA Policy. The Farm is responsible for:

its terms of sale, refund policy and privacy notice. The Service supplies templates; before publishing them the Farm confirms that it has reviewed them and is responsible for them, and must change anything that is not how it works;
whether it turns on Google Analytics or the Meta Pixel, and its own agreements with Google and Meta if it does (see Section 9.3);
photos, alt text and words it adds, including having the right to use them.

Accessibility. Our Farm Site sections are designed to support WCAG 2.1 Level AA. That is a design goal, not a warranty. The Farm is responsible for its own content, including describing its photos, and we will fix accessibility problems in our sections that the Farm reports to us.

7.8 Staff and the market and driver pages

The market and driver pages and the point-of-sale app show Customers’ names, addresses, phone numbers and orders to whoever holds the link, PIN or phone. The Farm decides who receives them and is responsible for what they do with that information, and for resetting access when someone leaves.

7.9 Point-of-sale app and card readers

The point-of-sale app takes card payments through Stripe Terminal on the Farm’s Stripe account. The Farm must accept Stripe’s Terminal terms and, where Tap to Pay is used, Apple’s or Google’s terms when asked on the phone. Card readers are sold by Stripe under Stripe’s terms; Pasturly does not sell, warrant or support hardware. The Farm’s Plan is bought and managed on the web, never in the app. A card payment taken while the reader or phone is offline is accepted at the Farm’s risk: it is sent to Stripe when a connection returns and may then be declined, and the Farm carries that loss. Keep offline sales small.

8. What we will do

We will:

provide the Service with reasonable skill and care, and keep it reasonably available, though we do not promise it will be uninterrupted;
keep each Farm’s data separate from every other Farm’s;
handle Customer data only as the DPA allows;
keep the security measures in the DPA’s Annex II;
tell the Farm of a security breach affecting its data as the DPA requires;
send the notices these Terms promise to the Farm owner’s sign-in email;
give the Farm a way to export its data while its account is open, and before it closes (Section 13.3).

9. Our providers, and the Farm’s own tools

9.1 Sub-processors

We use the providers on the Sub-processor List. The DPA says how we add or change them.

9.2 Providers’ decisions

The Service depends on providers including Stripe, Postmark and Railway. We are not responsible for an outage or decision of a provider that we could not reasonably prevent, but we remain responsible for our own choice and supervision of sub-processors under the DPA.

9.3 Tools the Farm adds

If the Farm enters its own Google Analytics or Meta Pixel identifier, those tools load on its Farm Site only after a visitor accepts the Site’s notice, and never on checkout, payment, order-confirmation, account or sign-in pages. We do not send them Customers’ personal details (for example, Meta’s “advanced matching” is off). Google or Meta receive what those tools collect under the Farm’s own agreement with them; they are not our sub-processors. The Farm is responsible for its use of them, including any law that requires more than the notice we provide. We may switch these tools off for any Farm, or all Farms, until the law is clearer.

10. Pasturly’s access to the Farm’s account

10.1 Support access

Our staff see a Farm’s account, including its Customers’ details, only:

When the Farm grants support access from Support in its admin (/app/support), for the time it chooses (24 hours or 7 days). The Farm may end it early. Support visits are read-only.
Without a grant, in an emergency, by Pasturly’s owner alone, for no more than one hour at a time, and only: to stop fraud or harm to Customers (for example, a Farm Site that is collecting card details), when Stripe has flagged fraud on the account, to keep the Service secure, or when the law requires it. We email the Farm’s owner at once, saying who looked and why.

A Farm owner who has lost access to their email is helped through account recovery (Section 10.2), not by our viewing the account.

Every support visit, and the pages seen, is recorded in the Farm’s own list on its Support screen and in its access log, and in our own audit log.

10.2 Changes we make for the Farm

At the Farm’s request, or in an emergency under Section 10.1, our staff may make specific changes on the Farm’s behalf: resend a sign-in link to someone already on the account, clear the lock on adding a phone, run the Farm’s domain checks, or suspend or restore its Farm Site or account under Section 12. Each is recorded and shown to the Farm. We make no other change to the Farm’s records.

Account recovery. If a Farm owner has lost access to their email, we may change the owner’s email only after verifying who they are, for example by calling back on a phone number already on the account and matching details of the Farm’s Stripe account. The change takes effect 24 hours after both the old and the new address are emailed, so the real owner can stop it.

10.3 Confidentiality of our staff

Every person we give access to the owner console is bound by a written confidentiality agreement before their account is made, and uses two-step sign-in.

11. Data

11.1 The Farm owns its data

As between us, the Farm owns Farm Data. The Farm grants us a limited, non-exclusive license to host, copy, process, transmit and display Farm Data only to provide, secure and support the Service, as the DPA allows, and to publish Farm Content on the Farm Site and in email as the Farm directs.

11.2 Aggregate figures

We may keep de-identified counts and totals across all Farms (for example, the number of orders, total sales value, emails sent, and active Farms each day) for running and improving the Service and for our own business reporting. These figures contain no Customer-level information, and we do not publish figures that identify a Farm without its permission. We never link one Customer’s records across Farms.

11.3 Wording we supply

We design the checkout, sign-up and email wording the Service supplies by default to meet the laws on automatic renewal, stored cards and prepayment that apply to it, and we will fix any defect in it promptly once we know of it. The Farm is responsible for the offer itself (its prices, schedules, deposits, refunds and what it promises to deliver), for anything it writes or changes, and for the templates it publishes once completed.

11.4 Feedback

We may use any suggestions the Farm makes, without obligation.

12. Acceptable use, suspension and taking down a Farm Site

12.1 Rules

The Farm must follow the Acceptable Use Policy and must not use the Service to break the law.

Third-party provider policies. The Service runs on providers whose rules bind us, and so bind the Farm’s use of the Service: Stripe’s terms and Prohibited and Restricted Businesses list, Postmark’s acceptable use policy (for email), and Railway’s acceptable use policy (for hosting). The Acceptable Use Policy links each.

12.2 What we may do

If the Farm breaks these Terms or the Acceptable Use Policy, or if we reasonably believe that continuing would harm Customers, other Farms, the Service or our providers’ accounts, or would break the law, we may:

pause the Farm’s campaigns (for spam complaints or bounces);
take down the Farm Site (the admin, orders and other features keep working); or
suspend the Farm’s account: the admin opens only a notice, the Plan page and a read-only view with data export; the Farm Site shows a notice; new online orders and new market shifts stop; no further recurring charges are taken from Customers (box renewals, month-by-month payments, plan payments) while it lasts; Customers can still see their orders and cancel from their own page; nothing is deleted.

For a breach of these Terms we will email the Farm’s owner the reason and what would put it right, and give the Farm at least 7 days to fix it before we act, except where fraud, the law, someone’s safety, or a risk to the Service or other Farms requires us to act at once, in which case we will tell the Farm as soon as we can. We restore the Site or account once the problem is fixed.

Appeal. A Farm that believes we acted in error may reply to our email, or write to admin@pasturly.com, within 30 days. A person other than the one who acted will review it where we have one, and we will answer in writing.

Orders and pickups already paid for remain the Farm’s to honor while it is suspended.

12.3 Reports from the public

Anyone may report a Farm Site from the “Report this site” link on its pages or by writing to admin@pasturly.com. We review reports and act under this Section and the Copyright and DMCA Policy. We do not show the Farm the reporter’s email address unless the law requires it.

13. Term, cancellation, closing and data on leaving

13.1 Term

These Terms apply from when the Farm accepts them until its account is closed.

13.2 Cancelling the Plan, and closing the account

Cancelling the Plan (Section 5.4) stops billing at the end of the paid period; the account and its data remain, and the admin asks the Farm to choose a Plan before it can be used. Closing the account is separate, and permanent. Only the Farm’s owner may do it, from Setup in the admin.

We may close a Farm’s account for a serious or repeated breach of these Terms that the Farm has not fixed after notice, or where the law requires it, with at least 30 days’ notice by email unless the law or fraud requires sooner.

13.3 Exporting Farm Data

While the account is open, and while it is suspended, the Farm may download all of its data in a machine-readable format. Keeping its own records, including the sales records tax law requires it to keep, is the Farm’s responsibility; its card payments also remain in its own Stripe account.

13.4 What happens to Farm Data when an account closes

Closing works in three steps:

Export. Before the owner confirms closing, the Service offers a full export of the Farm’s data.
Grace period of 30 days. On closing, the Farm Site, checkout and sign-in stop, and every Staff member is signed out. For 30 days the data is kept, out of use, and the owner may reopen the account or download the export.
Deletion. After 30 days, all Farm Data is deleted from the live Service. Copies in backups expire within 35 days after that, as the DPA says.

We keep after closing only our own records as controller: our billing records for the Farm’s Plan (for as long as tax law requires us to keep them, generally 7 years), our audit log of staff access, and abuse reports, as the Privacy Policy says. We do not keep the Farm’s orders or its Customers’ data.

The Farm’s Stripe account, its Customers’ saved cards on it, and its payment records at Stripe are the Farm’s and are not affected by closing a Pasturly account. Renewing boxes and month-by-month charges stop when the account closes; the Farm must tell its Customers before closing and settle any prepayments it holds (Section 6.7).

13.5 What survives

Sections 5 (for amounts owed), 6.3, 6.7, 7, 11, 13.3–13.5, 14, 15, 16 and 18 survive closing.

14. Intellectual property

We own the Service, its software, designs, templates, starter themes, starter photos and documentation. We grant the Farm a limited, non-exclusive, non-transferable, revocable right to use the Service under these Terms while its account is open. Starter photos and themes may be used only on the Farm’s Farm Site and in its Pasturly email while the account is open; licensed stock photos used on our demo farm are not available to Farms.

The Farm may not copy, resell, sublicense, reverse engineer or create a competing service from the Service, or access it by automated means except through features we provide.

15. Disclaimers and limitation of liability

15.1 Disclaimer

EXCEPT AS THESE TERMS EXPRESSLY SAY, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT EVERY CHARGE OR RENEWAL WILL SUCCEED, THAT ROUTES WILL BE THE SHORTEST, THAT EVERY ADDRESS CAN BE MAPPED, THAT EVERY EMAIL WILL BE DELIVERED, OR THAT USING THE SERVICE WILL MAKE THE FARM COMPLIANT WITH ANY LAW.

15.2 Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS:

(a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR GOODWILL, SPOILED OR WASTED PRODUCT, OR BUSINESS INTERRUPTION, EVEN IF TOLD THEY WERE POSSIBLE;

(b) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (i) THE FEES THE FARM PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (ii) ONE HUNDRED US DOLLARS.

(c) FOR OUR BREACH OF THE DPA’S SECURITY OR CONFIDENTIALITY OBLIGATIONS, OUR TOTAL LIABILITY IS INSTEAD LIMITED TO THE GREATER OF (i) THREE TIMES THE FEES IN (b)(i) AND (ii) $5,000.

(d) THE MAKE-WHOLE AMOUNTS IN SECTION 6.8 ARE IN ADDITION TO THESE CAPS, UP TO THE LIMIT STATED THERE.

Nothing in these Terms limits liability for fraud, gross negligence or willful misconduct, the Farm’s obligation to pay fees, either party’s indemnity obligations in Section 16, or anything else that cannot be limited by law.

16. Indemnity

By the Farm. The Farm will defend and indemnify us against third-party claims arising from: its products and their safety, labeling and description; its compliance with law (Section 7.1); its sales, refunds, deposits and prepayments and its disputes with Customers; Farm Content, including claims that it infringes someone’s rights; email sent in its name without the recipient’s consent; and its breach of these Terms or the Acceptable Use Policy.

By us. We will defend and indemnify the Farm against third-party claims that the Service itself (not Farm Content or anything the Farm adds) infringes a United States patent, copyright or trademark. If that happens we may change the Service to avoid it, or end the Farm’s Plan and refund the unused prepaid fees.

The indemnified party must tell the other promptly, let it control the defense, and cooperate reasonably.

17. Changes to these Terms

We may change these Terms.

Material changes (to fees, liability, dispute terms, or how we use data): we email the Farm’s owner at least 30 days before the change takes effect, and an owner must accept the new version in the admin before continuing to use the Service after that date. A Farm that does not accept may cancel and receive a refund of the unused part of any prepaid yearly Plan.
Other changes (clarifications, new features, changes the law requires, or anything that does not reduce the Farm’s rights): we email notice, and continued use after the effective date is acceptance.

The admin records which owner accepted which version, and when.

Notices. Any notice these Terms require is sent by email to the Farm owner’s sign-in address, and is effective when sent. The Farm must keep that address current. Notices in the admin (announcements) are for news only. We keep a record of each notice sent.

18. General

Governing law. These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law rules.
Venue. The state and federal courts serving Westmoreland County, Pennsylvania have exclusive jurisdiction, and each party consents to them. There is no arbitration clause.
Independent parties. We are independent contractors. Nothing makes us partners, agents or a joint venture, and we are not the Farm’s payment processor, payment facilitator or marketplace.
Assignment. The Farm may not assign these Terms without our written consent. We may assign them to an affiliate or in a merger, acquisition or sale of the Service, with notice to the Farm.
Force majeure. Neither party is liable for delay caused by events beyond its reasonable control, except for paying fees.
Entire agreement. These Terms, with the documents in Section 1, are the whole agreement and replace any earlier agreement or the summary screen the Farm agreed to during the beta.
Severability; no waiver. If any part is unenforceable, the rest stands. Not enforcing a right is not a waiver.
Notices to us. admin@pasturly.com and 138 Penns Grove Lane, Latrobe, PA 15650.
Export and sanctions. The Farm will not use the Service in breach of United States export controls or sanctions.

Contact

Nature’s Grove Farm LLC (Pasturly), 138 Penns Grove Lane, Latrobe, PA 15650. Email admin@pasturly.com for support, legal notices, abuse and copyright reports, and security reports.