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Terms of Service

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These Terms of Service govern your access to and use of DPS Pro | Daily Price Sheet Pro, including our website, application, dashboards, tools, subscription features, and related services.

DPS Pro is operated by The Melton Company.

Contact: meltonmarketingagency@gmail.com

By creating an account, starting a free trial, subscribing, accessing the platform, or using DPS Pro, you agree to these Terms of Service.

1. Description of Service

DPS Pro is a software platform for the fresh produce industry. The platform is designed to help growers, produce companies, brokers, distributors, sales teams, and related businesses create, edit, save, and email daily price sheets, manage customer portfolios, upload commodity catalog information, and access additional features based on subscription level.

DPS Pro may also include or later add features for produce search, public price sheets, private pricing visibility, buyer discovery, bidding, deal communication, logistics coordination, truck-related tools, and related business workflow features.

2. Not an ERP, Accounting System, Broker, or Payment Processor for Produce Sales

DPS Pro is not an accounting system, ERP replacement, freight broker, produce broker, financial institution, escrow provider, or payment processor for produce transactions between companies.

DPS Pro helps users communicate, send price sheets, receive inquiries, submit bids, and record or lock in deal details. Once a sale is finalized, each company is responsible for handling its own billing, invoicing, payment collection, accounting, tax records, delivery terms, and related business obligations through its own systems, including systems such as Famous Software or other accounting/ERP platforms.

DPS Pro does not move money between growers, buyers, brokers, distributors, trucking companies, or other parties for produce transactions.

3. Accounts and Access

To use DPS Pro, you may need to create an account. You agree to provide accurate information and keep your account information current.

Each account may be connected to a company profile. Company owners or administrators may invite team members and manage access permissions.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree not to share login access with unauthorized users or allow anyone to use DPS Pro in violation of these Terms.

4. Subscription Plans and Feature Access

DPS Pro may offer multiple subscription plans. Features may vary by plan.

Example plan categories may include:

  • DPS Starter: Daily price sheet creation, editing, saving, and sending with limited customization.
  • DPS Growth: Additional customization, public/private price sheet settings, search, buyer/grower discovery, and related tools.
  • DPS Pro Premium: Full platform access, including logistics tools, communication features, bidding workflows, pro tools, and advanced features.

DPS Pro may change, add, remove, or modify plans, pricing, and features at any time. Existing subscribers will be notified of material pricing or plan changes when required.

5. Free Trial

DPS Pro may offer a 7-day free trial. Trial terms will be displayed at signup.

Unless canceled before the trial ends, the selected subscription may automatically convert to a paid recurring subscription. You are responsible for canceling before the end of the trial if you do not wish to continue.

6. Payments, Billing, and Paddle Merchant of Record Disclosure

DPS Pro uses Paddle as merchant of record for subscription payments. Paddle may process payments, manage taxes, issue invoices, handle billing support, process chargebacks, and complete related payment compliance obligations.

By purchasing a DPS Pro subscription, you may also be subject to Paddle's buyer terms, checkout terms, refund terms, and payment policies. See Paddle Buyer Terms.

Subscription fees may be billed monthly or yearly depending on the plan selected. Add-on user seats may incur additional recurring charges.

You agree to pay all applicable fees for your selected plan and any additional seats, upgrades, or paid features.

7. Subscription Renewal and Cancellation

Subscriptions renew automatically unless canceled before the renewal date.

You may cancel your subscription through the billing portal, your account settings, or by contacting support if account-based cancellation is unavailable.

Canceling a subscription stops future renewals but does not automatically refund previous payments unless a refund is approved under the Refund Policy or required by applicable law.

After cancellation, access may continue until the end of the current paid billing period unless otherwise stated.

8. User Content

You may upload, enter, or create content in DPS Pro, including company information, logos, price sheets, commodity details, customer contacts, product photos, notes, pricing, and catalog information.

You retain ownership of content you upload or create. You grant DPS Pro a limited right to store, process, display, transmit, and use that content as needed to provide the platform.

You are responsible for ensuring that your content is accurate, lawful, and that you have the right to upload and use it.

9. Customer Portfolio and Email Responsibilities

DPS Pro may allow users to upload customer contacts and send daily price sheets by email.

You are responsible for ensuring that you have the right, permission, or lawful business basis to contact recipients. You agree not to use DPS Pro to send spam, misleading communications, unlawful messages, or unauthorized marketing emails.

DPS Pro may suspend sending features if abuse, excessive complaints, invalid addresses, or policy violations are detected.

10. Acceptable Use

You agree not to:

  • Use DPS Pro for illegal or fraudulent activity
  • Upload false, misleading, harmful, or unlawful information
  • Attempt to access another user's account or data
  • Interfere with platform security or performance
  • Reverse engineer, scrape, copy, or misuse the platform
  • Use DPS Pro to send spam or unauthorized emails
  • Upload malware or harmful code
  • Misrepresent inventory, pricing, company identity, or deal terms
  • Use the platform in a way that harms DPS Pro, users, buyers, growers, brokers, or third parties

11. Produce Listings, Pricing, Bids, and Deal Communications

Users are responsible for the accuracy of their own pricing, availability, quantity, quality, pack size, grade, delivery terms, logistics terms, and other deal information.

DPS Pro does not guarantee that any listed product will be available, that any buyer will purchase, that any bid will be accepted, or that any transaction will be completed.

Any agreements between growers, buyers, brokers, distributors, logistics providers, or other parties are solely between those parties.

12. Logistics Features

If DPS Pro offers logistics or truck-related features, those features are intended to help users communicate, organize, or request logistics information. DPS Pro does not guarantee carrier availability, freight rates, delivery timing, load condition, or logistics performance.

Users are responsible for verifying carriers, brokers, insurance, compliance, pickup requirements, delivery requirements, and all transportation terms.

13. Platform Availability

We work to keep DPS Pro available and functional, but we do not guarantee uninterrupted access. The platform may be unavailable due to maintenance, updates, technical issues, service provider outages, or circumstances outside our control.

14. Termination

We may suspend or terminate access to DPS Pro if you violate these Terms, fail to pay subscription fees, misuse the platform, create risk for DPS Pro or other users, or engage in unlawful or harmful conduct.

You may stop using DPS Pro at any time and may cancel your subscription according to the cancellation terms.

15. Disclaimers

DPS Pro is provided on an "as is" and "as available" basis.

We do not guarantee that the platform will meet every business need, that data will always be error-free, that emails will always be delivered, or that the platform will result in completed sales, new customers, improved pricing, or successful transactions.

16. Limitation of Liability

To the fullest extent permitted by law, The Melton Company will not be liable for indirect, incidental, consequential, special, punitive, or lost-profit damages arising from or related to your use of DPS Pro.

To the fullest extent permitted by law, our total liability for any claim related to DPS Pro will not exceed the amount you paid for the service during the three months before the event giving rise to the claim.

17. Changes to the Service or Terms

We may update DPS Pro, change features, modify plans, or revise these Terms from time to time. Updates will be posted with a new "Last Updated" date. Continued use of DPS Pro after changes means you accept the updated Terms.

18. Governing Law

These Terms are governed by the laws of the State of Georgia, without regard to conflict of law principles, unless applicable law requires otherwise.

19. Contact

For questions about these Terms, contact:
The Melton Company
meltonmarketingagency@gmail.com