Last updated: June 4, 2026
These Terms of Service ("Terms") are a binding agreement between you and Cornucopia Foundation ("Cornucopia," "we," "us," or "our"), the operator of the Cornucopia platform. Please read them carefully. By creating an account, accessing, or using the Platform, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Platform.
Cornucopia provides a software platform (the "Platform") that helps farmers markets, market operators, and similar organizers ("Market Operators") manage their operations and connect with vendors, farmers, and other sellers ("Vendors"). The Platform offers tools for vendor applications and onboarding, scheduling and booth assignment, compliance and document management, attendance and load-sheet tracking, messaging, invoicing, and payment processing, among other features (collectively, the "Services").
Cornucopia is a technology provider and intermediary only. We are not a farmers market, a producer, a seller, an employer, or a party to any agreement between Market Operators and Vendors or between either of them and their customers. We do not own, produce, inspect, or take title to any goods, and we do not control and are not responsible for the conduct, products, services, fees, rules, or compliance of any Market Operator, Vendor, or customer.
You must be at least 18 years old and able to form a binding contract to use the Platform. If you use the Platform on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and "you" refers to that organization.
You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your login credentials and for all activity that occurs under your Account. You must notify us promptly of any unauthorized use or security breach. We may refuse, suspend, or reclaim any username, and we may verify your identity or eligibility at any time.
The relationship between a Market Operator and a Vendor — including acceptance into a market, market rules, booth assignments, conduct, product approval, insurance, permits, fines, and termination — is solely between those parties. Each Market Operator sets and enforces its own rules and policies, which may be presented to Vendors through the Platform. Cornucopia is not responsible for, and disclaims all liability arising from, those rules, decisions, disputes, or any interaction or transaction between Users or with their customers.
We do not guarantee that any Vendor will be accepted, that any market will occur, that any space will be available, or that any User will perform its obligations. Any disputes between Users must be resolved between those Users.
If you use the Platform as a Market Operator, you are solely responsible for: operating your market in compliance with all applicable laws, permits, and regulations (including health, agricultural, fire, and local ordinances); setting and lawfully enforcing your own vendor rules and fee schedules; reviewing and approving Vendors and their documentation; accurately configuring invoices, fees, and billing; and handling your own tax, accounting, and regulatory obligations. You authorize Cornucopia to provide the Services on your behalf, including generating invoices and processing payments as you configure them.
If you use the Platform as a Vendor, you are solely responsible for: complying with the rules and requirements of each Market Operator you engage with; maintaining all required licenses, permits, certifications, and insurance; the accuracy of the applications, documents, sales figures, and other Content you submit; the safety, legality, and quality of your products; and all fees, fines, and obligations you owe to a Market Operator or any authority. Submitting an application through the Platform does not guarantee acceptance into any market.
Platform Fees. We may charge Fees for access to and use of the Services. Applicable Fees, billing frequency, and platform or service charges will be described to you before you incur them or in your Account. Except where required by law, all Fees are non-refundable. We reserve the right to change our Fees, plans, and any introductory or promotional pricing at any time, with notice as required by law.
Operator-to-Vendor Charges. Where a Market Operator bills a Vendor through the Platform (for example, booth rent, percentage-of-sales commissions, processing fees, late fees, no-show fees, or fines), those charges are set by the Market Operator. Cornucopia facilitates billing and payment as a service provider and is not the merchant of record for, and is not responsible for the legality, amount, or collection of, those charges.
Payment Processors. Payments are processed by third-party payment processors, including Stripe and Square. By submitting payment information, you authorize us and our processors to store your payment method and to charge it for amounts you owe, including recurring or automatically scheduled charges, and you agree to the applicable processor's terms. We do not store full card numbers on our own servers. You are responsible for keeping a valid payment method on file and ensuring sufficient funds are available.
Late Payments. Amounts not paid when due may accrue interest or late fees as permitted by law and as configured by the relevant Market Operator, and may result in suspension of access pending payment.
Refunds, Chargebacks, and Disputes. Refund eligibility is determined by the relevant Market Operator's policies and by these Terms. If you initiate a chargeback or payment dispute, we and the relevant Market Operator may respond with transaction records and may suspend your Account pending resolution. Initiating an improper chargeback does not relieve you of amounts validly owed.
You agree not to, and not to permit anyone else to:
We may investigate and take any action we deem appropriate for any actual or suspected violation, including removing Content, limiting features, and suspending or terminating Accounts.
You retain ownership of the Content you submit. You grant Cornucopia a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting and display), and use your Content as necessary to operate, provide, secure, and improve the Services, and to share it with the Users and service providers needed to deliver the Services (for example, sharing a Vendor's application with the relevant Market Operator). You represent that you have the rights necessary to grant this license and that your Content does not violate any law or third-party right. We may use aggregated or de-identified data derived from use of the Platform for analytics and to improve our Services.
Consent. If you provide a mobile number and opt in, you agree to receive recurring text messages from Cornucopia and/or the relevant Market Operator, such as operational updates, schedule and weather notifications, billing reminders, and account alerts. Consent is not a condition of purchase.
Frequency and Cost. Message frequency varies. Message and data rates may apply depending on your carrier and plan. Cornucopia is not responsible for charges imposed by your carrier.
Opt-Out. You may opt out at any time by replying STOP to any message; you will receive a confirmation and no further messages, except as required to complete transactions you initiate. Reply HELP for assistance, or contact us at malibufarmersmarket@cornucopiafoundation.net. Carriers are not liable for delayed or undelivered messages.
The Platform, including its software, design, text, graphics, logos, and other materials (excluding User Content), is owned by Cornucopia or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform for its intended purpose. All rights not expressly granted are reserved. You may not copy, modify, distribute, sell, reverse engineer, or create derivative works of the Platform except as permitted by law.
The Platform may integrate with or link to third-party services (such as payment processors, messaging providers, and analytics tools). Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services and do not endorse them.
You may stop using the Platform at any time. We reserve the right, in our sole discretion and to the extent permitted by law, to suspend, restrict, or terminate your access to all or part of the Platform at any time, with or without notice, including for violation of these Terms, non-payment, suspected fraud or unlawful activity, risk to other Users or to the Platform, or at the request of a Market Operator with respect to its market. We may also discontinue the Services or any feature at any time. Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination will survive, including Sections 7 through 19.
The Platform and Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Cornucopia does not warrant that the Services will be uninterrupted, secure, timely, or error-free, that data will be accurate, or that defects will be corrected. We make no warranties regarding any Market Operator, Vendor, product, transaction, or third party.
To the maximum extent permitted by law, Cornucopia and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to the Platform, the Services, or these Terms, whether based in contract, tort, or any other theory, even if advised of the possibility of such damages. To the maximum extent permitted by law, Cornucopia's total aggregate liability for all claims relating to the Services will not exceed the greater of (a) the total Fees you paid to Cornucopia in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You agree to indemnify, defend, and hold harmless Cornucopia and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Platform; your Content; your products, services, or market operations; your violation of these Terms or any law; or your dispute with any other User or third party.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Except where prohibited by law, you and Cornucopia agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered in California, and you and Cornucopia waive the right to a jury trial and to participate in a class or representative action. Either party may bring an individual claim in small-claims court where eligible. Nothing in this section prevents either party from seeking injunctive relief to protect its intellectual property or confidential information.
We may modify these Terms from time to time. If we make material changes, we will provide notice through the Platform or by other reasonable means and update the "Last updated" date above. Changes are effective when posted unless otherwise stated. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.
These Terms, together with the Privacy Policy and any terms presented for specific features, are the entire agreement between you and Cornucopia regarding the Platform. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for any delay or failure caused by events beyond our reasonable control.
Questions about these Terms? Contact us at malibufarmersmarket@cornucopiafoundation.net.