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Terms of Service

The terms and conditions governing your use of Fresh Stock.

Last updated: 22 September 2025

1. Agreement to Terms

These Terms of Service ("Terms") govern access to and use of the Fresh Stock platform, website, applications, and related services (collectively, the "Service") provided by Fresh Stock (Pty) Ltd ("Fresh Stock", "we", "us", or "our").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, Cookie Policy, and other policies referenced here. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

If you do not agree to these Terms, you must not use the Service.

2. Description of the Service

Fresh Stock is a cloud-based inventory and operations management platform designed for businesses managing stock, suppliers, sites, invoicing, reporting, and related workflows. Features may vary by subscription plan and may change over time as we improve the Service.

We may provide beta, preview, or AI-assisted features that are offered on an "as available" basis and may be modified or discontinued at any time.

3. Accounts and Eligibility

  • You must provide accurate, current, and complete registration information and keep it up to date.
  • You are responsible for safeguarding your login credentials and for all activity under your account.
  • You must promptly notify us of any unauthorised access or security breach related to your account.
  • Organisation administrators are responsible for managing user access, permissions, and compliance within their tenant.
  • You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account.

4. Subscriptions, Billing, and Trials

Access to certain features requires a paid subscription. Pricing, billing intervals, location-based fees, and plan limits are described on our website or in your order form.

  • Subscriptions renew automatically unless cancelled in accordance with your plan terms.
  • Fees are payable in advance and are non-refundable except where required by law or expressly stated otherwise.
  • We may change pricing with reasonable notice. Price changes apply to subsequent billing periods.
  • Free trials, if offered, convert to paid subscriptions unless cancelled before the trial ends.
  • Failure to pay may result in suspension or termination of access to the Service.

Payments may be processed by third-party payment providers such as Paystack. Your use of those services may be subject to the provider's terms.

5. Acceptable Use

You agree not to misuse the Service. Without limiting the foregoing, you must not:

  • Use the Service for unlawful, fraudulent, or harmful purposes.
  • Upload or transmit malware, malicious code, or content that infringes intellectual property or privacy rights.
  • Attempt to gain unauthorised access to the Service, other accounts, or related systems.
  • Reverse engineer, scrape, or copy the Service except as permitted by law.
  • Interfere with or disrupt the integrity or performance of the Service.
  • Use the Service to store or process sensitive personal data without appropriate legal basis and safeguards.
  • Resell, sublicense, or make the Service available to third parties except as expressly permitted.

6. Customer Data

"Customer Data" means data, content, files, and information submitted to the Service by you or your users, including business records, documents, and operational data.

You retain ownership of Customer Data. You grant us a limited licence to host, process, transmit, and display Customer Data solely to provide, maintain, secure, and improve the Service and as otherwise permitted by these Terms and our Privacy Policy.

You are responsible for the accuracy, quality, and legality of Customer Data and for obtaining all necessary rights and consents to provide it to us.

7. Third-Party Integrations

The Service may integrate with third-party products such as accounting platforms, POS systems, email providers, or AI services. Your use of third-party services is governed by their own terms and privacy policies. We are not responsible for third-party services and do not guarantee their availability, accuracy, or security.

8. Intellectual Property

Fresh Stock, including its software, branding, documentation, and underlying technology, is owned by us or our licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

You may provide feedback or suggestions regarding the Service. We may use such feedback without restriction or compensation to you.

9. Confidentiality

Each party may receive confidential information from the other in connection with the Service. The receiving party will use reasonable care to protect confidential information and will not disclose it except as necessary to perform under these Terms or as required by law.

10. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

AI-generated outputs, automated invoice capture, analytics, and recommendations are provided for assistance only. You remain responsible for reviewing outputs and making business decisions.

11. Limitation of Liability

To the fullest extent permitted by law, neither Fresh Stock nor its directors, employees, affiliates, or suppliers will be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunity arising out of or related to the Service or these Terms.

Our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the amount paid by you to Fresh Stock for the Service in the twelve (12) months preceding the event giving rise to the claim, or one hundred United States dollars (USD 100) if no fees were paid.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

12. Indemnity

You agree to indemnify and hold harmless Fresh Stock and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, your Customer Data, your violation of these Terms, or your violation of any law or third-party rights.

13. Suspension and Termination

We may suspend or terminate access to the Service immediately if you breach these Terms, fail to pay applicable fees, pose a security risk, or if required by law. You may cancel your subscription according to your plan terms.

Upon termination, your right to access the Service ends. We may delete or retain Customer Data in accordance with our Privacy Policy and applicable law. Provisions that by their nature should survive termination will survive, including ownership, disclaimers, limitation of liability, and indemnity.

14. Governing Law and Disputes

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict of law principles. The parties submit to the exclusive jurisdiction of the courts of South Africa, unless mandatory consumer protection laws in your jurisdiction provide otherwise.

Before commencing formal proceedings, the parties agree to attempt in good faith to resolve disputes through direct negotiation.

15. Changes to These Terms

We may modify these Terms from time to time. Material changes will be posted on this page with an updated effective date. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Contact

Questions about these Terms may be directed to:

  • Email: info@freshstock.co.za
  • Phone: +27 82 458 5816
  • Address: Ballito, KwaZulu-Natal, South Africa