FreshLeft Technologies inc. — Terms & Conditions of Use

Combined User & Merchant Terms (Canada — Alberta)

Last updated: November 6, 2025

These Terms & Conditions ("Terms") govern your access to and use of the FreshLeft mobile application,

website and services (collectively, the "Platform"). FreshLeft Technologies inc. ("FreshLeft", "we", "us") provides

a marketplace that connects food merchants ("Merchants") with end users ("Users") who purchase surplus food

items offered as non customizable surprise baskets (the "Baskets"). By creating an account or using the

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

1. Nature of the Service & Role of FreshLeft

FreshLeft is a technology intermediary. We do not produce, package, handle, own, or sell food listed on the

Platform. All food is supplied and fulfilled by the Merchant who is solely responsible for compliance with

applicable food laws and safety standards.

Baskets are discounted because items may be from the same or previous day, close to best before dates, dry

or visually imperfect, and packaged simply or in recycled materials. Quantities and exact composition vary and

are not guaranteed.

2. Eligibility & Account

You must be at least 13 years old to use the Platform. If you are under the age of majority in your province or

territory, you must have parental or guardian consent.

You are responsible for your account credentials and for all activity under your account. You agree to keep your

information accurate and up to date.

3. Allergies, Dietary Restrictions & No Customization

Baskets are non customizable. If you have allergies or dietary restrictions, do not place an order unless you

accept full responsibility. FreshLeft and Merchants disclaim liability for allergic reactions or incompatibility where

items are safe for consumption.

4. Orders, PickUp & Title Transfer

Orders must be picked up by the User within the pick■up window shown in the app. Title and risk in the Basket

pass to the User upon hand off at pick up. Merchants must deliver the Basket within 15 minutes of the User’s

arrival. Users are encouraged to bring a reusable bag; the Merchant will provide a basic container if needed.

5. Payments, Pricing & Tips

All payments are processed in app via our payment processor (e.g., Stripe). No additional payment is

permitted on site. Tips may be offered voluntarily by Users but must never be solicited or required byMerchants.

6. Refunds & Problem Resolution

Because Baskets are discounted surplus items, refunds are not granted for complaints based on taste, dryness,

appearance, packaging, portion expectations or normal variance. Refunds may be approved at FreshLeft’s sole

discretion when: (i) the Basket was not prepared; (ii) pick up failed due to Merchant negligence; or (iii) the

product is clearly unsafe for consumption. FreshLeft may request evidence (photos, timing) and will decide the

outcome in good faith.

7. Acceptable Use

You agree not to misuse the Platform, including by attempting to bypass payments, posting misleading reviews,

interfering with listings, scraping data, reverse engineering, or engaging in fraud or abuse. We may suspend or

terminate accounts that violate these Terms.

8. Merchant Obligations

Merchants represent and warrant that all listed items are safe for consumption, accurately described, comply

with applicable laws (including food safety and labeling), and match the category advertised (e.g., breakfast).

Merchants must respect pick up windows, prepare orders on time, and hand the Basket to the User within 15

minutes of arrival. Repeated failures, hygiene breaches, or misleading listings may result in suspension or

removal.

9. Payouts, Fees & Refund Liability (Merchants)

FreshLeft processes customer payments and remits Merchant payouts net of our commission, payment

gateway fees, chargebacks and any approved refunds attributable to Merchant error or unsafe product. In the

event of a justified refund, FreshLeft may deduct the refunded amount from the next payout.

10. Account Deletion & Data Controls

Users can request deletion of their account in-app via Settings → Delete Account. Deletion is permanent.

Certain records may be retained where required by law, for fraud prevention, or to meet financial reporting

obligations (see Privacy Policy).

11. Intellectual Property

The Platform, trademarks, and content are owned by FreshLeft or its licensors. Subject to these Terms, we

grant you a limited, non transferable license to use the app for its intended purpose. You may not copy,

modify, distribute, or create derivative works except as permitted by law.

12. Disclaimers & Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS" WITHOUT

WARRANTIES OF ANY KIND. FRESHLEFT IS NOT LIABLE FOR FOOD QUALITY WHERE ITEMS ARE

SAFE FOR CONSUMPTION, NOR FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL ORPUNITIVE DAMAGES. IN ALL CASES, OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE

PLATFORM SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE AFFECTED ORDER(S) IN THE

3 MONTHS PRECEDING THE CLAIM.

13. Indemnity

You agree to indemnify and hold harmless FreshLeft and its affiliates from claims arising out of your misuse of

the Platform, breach of these Terms, or violation of laws or third party rights.

14. Changes to the Service & Terms

We may update the Platform and these Terms from time to time. Material changes will be notified in■app or by

email. Continued use after changes take effect constitutes acceptance.

15. Governing Law & Disputes

These Terms are governed by the laws of the Province of Alberta and applicable federal laws of Canada. The

parties submit to the exclusive jurisdiction of the courts located in Calgary, Alberta, except that FreshLeft may

seek injunctive relief in any jurisdiction.

16. Contact

FreshLeft Technologies inc., Calgary, Alberta, Canada. For support or legal matters: support@freshleft.com

Acceptance

By creating an account and using FreshLeft, Users and Merchants agree to these Terms.

© 2025 FreshLeft Technologies inc. All rights reserved.