Welcome to The Produce Box! The Produce Box is a delivery service designed to create a hassle-free experience for fresh local fruits, vegetables, meats, and more delivered to your home. The Produce Box app and website are collectively referred to as the “Service.” The Service is a copyrighted work belonging to The Produce Box, LLC (“Company,”“us,”“our,” and “we”).

These Terms of Use (“Terms”) set forth the legally binding terms and conditions that govern your use of our Service. By accessing or using the Service, you accept these Terms and our Privacy Policy (theproducebox.com/privacy-policy). You may not access or use the Service if you are not at least 18 years old. If you do not agree with all provisions of these Terms, do not access or use the Service.

These Terms require the use of arbitration (Section 10) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Allergen Notice: The Produce Box may include food items that you are allergic to. If you have or suspect an allergic reaction or other adverse health event, promptly contact your healthcare provider. Any of the eight major U.S. allergens as determined by the FDA (milk, wheat, egg, soy, fish, shellfish, peanuts, and tree nuts) may be stored, portioned, and packaged in The Produce Box’s facilities. Although we take precautions to limit cross-contamination, cross-contamination may occur between food products.

1. Accounts

Account Creation

To use certain features of the Service, you must register for an account and provide accurate information as prompted by the registration form, including your email address and a unique password. You represent and warrant that all registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You may delete your Account at any time by following the instructions on the Service.

Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. Notify us immediately of any unauthorized use or suspected breach of security at [email protected]. The Company cannot be liable for any loss or damage arising from your failure to comply with these requirements.

2. Access to the Service

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal, non-commercial use. Any use or access by anyone under the age of 18 is prohibited.

Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions. You shall not: (a) license, sell, rent, lease, transfer, assign, or distribute the Service; (b) modify, decompile, or reverse engineer any part of the Service; (c) build a similar or competitive website, product, or service using the Service; or (d) copy, reproduce, distribute, or transmit any part of the Service without authorization.

Company reserves the right to modify, suspend, or discontinue the Service at any time with or without notice. Company will not be liable to you for any such modification, suspension, or discontinuation.

3. Price and Payment Terms

Payment & Billing

By providing your credit or debit card information when you sign up, you authorize The Produce Box and/or our third-party payment processor to charge your Payment Method automatically. If your Payment Method cannot be authorized, we may suspend or cancel your delivery. We are not responsible for any fees incurred by you, including overdraft fees.

Subscription Service

Our Subscription Service is an automatic recurring subscription. You authorize The Produce Box to charge your Payment Method on a recurring basis per your chosen Plan. An annual Membership Fee is charged upon signup and automatically once per year thereafter, unless you cancel the Service in advance of the annual charge date.

100% Satisfaction Guarantee

The contents of each delivery are backed by a 100% customer service guarantee. If for any reason you are not fully satisfied, contact us within seven (7) days of delivery at [email protected] or via your account. We may resend an acceptable item or issue a credit voucher to your account, at our discretion. All refund or credit requests for perishable products are subject to the seven (7) day window after the date of delivery.

Changes, Cancellations & Skips

You may skip a week or cancel your Plan at any time by following the instructions on the Service. Cancellation, skip, or change requests must be received by Sunday night at 9:00 p.m. EST to take effect the following week. If you do not submit a request before this deadline, your weekly delivery will be processed and you will be charged your Plan rate. Approved changes will not take effect until the week following your next scheduled delivery.

Inclement Weather

In the case of inclement weather or unforeseen delivery complications beyond our reasonable control, we may adjust our delivery schedule, including suspending, rescheduling, or canceling delivery dates. We will use commercially reasonable efforts to communicate any such adjustments. In the event we are unable to make a scheduled delivery, we may issue a credit or refund for that delivery.

Gift Cards

All gift card sales are final and non-refundable. Gift Cards may not be redeemed for cash. You must have a valid account to redeem a Gift Card. Redemptions apply a credit to your Account.

Pricing

We reserve the right to adjust prices at our sole discretion. We also reserve the right to subject every delivery to a minimum purchase price at our sole discretion, excluding taxes, delivery fees, and surcharges.

4. Delivery & Risk of Loss

The Produce Box uses appropriate shipping solutions and may use third-party delivery persons or companies. We strongly recommend immediately refrigerating all perishable items upon delivery and washing all fresh produce before use. To receive a delivery, you must have a valid physical address or permission from your employer or business owner to receive shipments at a business address.

Risk of loss and/or damage to the delivery passes entirely to you at the time of delivery. You are solely responsible for the proper washing, preparation, storage, and cooking of delivery contents. If our delivery personnel leave a package unattended, we will send you a text message with the time of delivery. If you do not wish to receive these texts, notify us by email — however, the release of liability remains in effect. You specifically release us from all liability related to any unattended delivery if you do not promptly and properly consume, store, or refrigerate each delivery.

5. Email Communications

We comply with the CAN-SPAM Act. We collect your email address to:

• Send information and respond to inquiries or requests
• Process orders and send order-related updates
• Send information related to your products or services
• Send marketing communications after the original transaction, with your consent

To unsubscribe from future marketing emails, click the unsubscribe link at the bottom of any email or contact us at [email protected]. We honor unsubscribe requests promptly. We will not use false or misleading subject lines or email addresses, and we include our physical address in all commercial emails.

6. Mobile Messaging (SMS, MMS & RCS)

Our mobile messaging program terms, opt-in/opt-out instructions, sending number, and mobile privacy practices are governed by our Privacy Policy, available at theproducebox.com/privacy-policy. By opting into SMS or RCS communications, you agree to the terms described there. Consent to mobile messaging is never a condition of purchase.

7. User Content

“User Content” means any and all information and content that a user submits to, or uses with, the Service. You are solely responsible for your User Content and assume all risks associated with its use. You represent and warrant that your User Content does not violate our Acceptable Use Policy below.

You hereby grant to Company an irrevocable, non-exclusive, royalty-free, worldwide license to reproduce, distribute, display, and otherwise use your User Content solely for the purpose of providing the Service. Company is not obligated to back up any User Content, and your User Content may be deleted at any time without prior notice.

Acceptable Use Policy

You agree not to use the Service to upload, transmit, or distribute any content that: (a) violates any third-party right, including intellectual property or privacy rights; (b) is unlawful, harassing, abusive, harmful, defamatory, or obscene; (c) is harmful to minors; or (d) violates any applicable law or regulation.

You also agree not to: distribute malware or viruses; send unsolicited advertising or spam; harvest user data without consent; interfere with or disrupt the Service or its servers; or attempt unauthorized access to the Service or other systems.

8. Third-Party Links & Services

The Service may contain links to third-party websites and services. Such links are not under the control of Company, and Company is not responsible for any third-party content, practices, or policies. You use all third-party links at your own risk. When you click a third-party link, that party’s terms and privacy practices apply.

In certain cases, we may permit you to order products or services from third parties through our Service. We act only as a link between you and such third parties and make no representations or warranties regarding those third-party providers.

9. Disclaimers & Limitation of Liability

THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE. OUR LIABILITY TO YOU FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FIFTY U.S. DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

10. Dispute Resolution & Arbitration

Please read this section carefully. It affects your rights and contains procedures for mandatory binding arbitration and a class action waiver.

Informal Resolution

Before either party may seek arbitration, the party must first send the other a written Notice of Dispute describing the nature of the claim and the requested relief. A Notice to the Company should be sent to: The Produce Box, Attn: Legal, 1109 Agriculture St, Ste #3, Raleigh, NC 27603. The parties will attempt to resolve the dispute informally for 30 days after the Notice is received before commencing arbitration.

Arbitration

All claims and disputes that cannot be resolved informally shall be resolved by binding arbitration on an individual basis in Wake County, North Carolina, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services (JAMS). The arbitrator shall apply the substantive law of the State of North Carolina. The arbitrator’s decision will be final and binding.

Waiver of Jury Trial & Class Actions

THE PARTIES WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO A TRIAL IN FRONT OF A JUDGE OR JURY. ALL CLAIMS AND DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS. CLAIMS OF MORE THAN ONE CUSTOMER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR ON A CLASS BASIS.

Exceptions

Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of intellectual property rights are not subject to arbitration. Either party may also seek emergency equitable relief in a state or federal court to maintain the status quo pending arbitration.

11. Term and Termination

These Terms remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service at any time for any reason at our sole discretion, including for any violation of these Terms. Upon termination, your Account and right to access the Service will terminate immediately. Company will not have any liability to you for any termination of your Account or deletion of your User Content.

12. Copyright Policy

Company respects the intellectual property of others. If you believe one of our users is infringing your copyright through our Service, please send a written notification to our designated Copyright Agent:

DMCA Agent | The Produce Box | 1109 Agriculture St, Ste #3, Raleigh, NC 27603 | 919.615.0437 | [email protected]

Your notification must include: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the infringing material and its location; (4) your contact information; (5) a statement of good faith belief; and (6) a statement of accuracy under penalty of perjury.

13. General

These Terms are subject to occasional revision. We may notify you of substantial changes by email or by posting notice on the Service. Continued use of the Service following notice of changes constitutes your acceptance of the updated Terms.

These Terms are governed by the laws of the State of North Carolina. If any provision is found invalid or unenforceable, the remaining provisions remain in full force. These Terms constitute the entire agreement between you and us regarding your use of the Service. Your relationship to Company is that of an independent contractor.

The Service may be subject to U.S. export control laws. You agree not to export or re-export any U.S. technical data acquired from Company in violation of U.S. export laws or regulations.

Copyright © 2026 The Produce Box, LLC. All rights reserved. All trademarks, logos, and service marks displayed on the Service are the property of The Produce Box or their respective owners. You are not permitted to use these marks without prior written consent.

Contact Information

The Produce Box | 1109 Agriculture St, Ste #3, Raleigh, NC 27603

Phone:919.615.0437

Email:[email protected]

Privacy Policy:theproducebox.com/privacy-policy

Website:theproducebox.com