Terms of Service

1. Acceptance of Terms

By accessing or using the FreshCut NYC platform ("Service"), you agree to be bound by these Terms of Service. If you do not agree, please do not use our Service.

2. Description of Service

FreshCut NYC is an online marketplace that connects customers with local butcher shops, halal markets, kosher markets, and live poultry vendors ("Vendors") in New York City. We facilitate ordering and delivery but do not directly sell or process meat products.

3. User Accounts

You must create an account to place orders. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must be at least 18 years old to use the Service.

4. Orders and Payments

All orders are subject to acceptance by the Vendor. Prices are set by Vendors and may change without notice. Payment is processed at the time of order. Refunds are handled on a case-by-case basis in accordance with our refund policy.

4.1 DCWP Fee Disclosure (NYC §20-847.2)

In accordance with New York City Department of Consumer and Worker Protection (DCWP) rules under Local Law §20-847.2, FreshCut NYC discloses the following per-order fee structure:

• Delivery fee: capped at 15% of the order subtotal
• Transaction fee: capped at 3% of the order subtotal
• Service fee: capped at 5% of the order subtotal
• Total platform take: never exceeds 23% of the order subtotal

Store partners retain 100% of tips left by customers. Advertising and subscription revenue are billed as separate B2B services and are not subject to these caps, in accordance with DCWP guidance.

4.2 Delivery Worker Minimum Pay (NYC §20-1810.10)

FreshCut NYC guarantees delivery workers earn at least the NYC minimum hourly rate of $22.13/hr (2026 rate, adjusted annually for inflation by DCWP). If a worker's base pay plus tips fall below this floor, the platform issues an automatic top-up payment within the next pay statement. Itemized pay statements are generated within 7 days of each pay period.

5. Delivery

Delivery times are estimates and not guaranteed. FreshCut maintains temperature-controlled delivery standards but is not liable for delays caused by circumstances beyond our control. Delivery is available within supported NYC boroughs only.

6. Vendor Responsibilities

Vendors are independent businesses responsible for the quality, safety, and accuracy of their products. Vendors must maintain all required NYC Department of Health and USDA licenses and certifications.

7. Limitation of Liability

FreshCut NYC acts as a marketplace platform. We are not liable for the quality of products sold by Vendors, nor for any health issues arising from consumption of purchased products. Our liability is limited to the amount paid for the specific order in question.

8. Refund Policy

Our refund policy is available at /refund-policy. By using the Service, you agree to the refund terms outlined there.

9. Indemnification

You agree to indemnify and hold harmless FreshCut NYC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FRESHCUT NYC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

11. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the Service shall be resolved exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.

12. Store Agreement Records (NYC DCWP §20-847.2)

FreshCut NYC retains all written agreements with food service establishments as required by NYC Department of Consumer and Worker Protection §20-847.2. These agreements are available for inspection by city officials upon request.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Continued use of the Service after changes constitutes acceptance of the new Terms.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15. Contact

For questions about these Terms, contact us at legal@freshcut.nyc.