Terms of Service

1. Acceptance of Terms

By accessing or using AgWaterAI's website, software platform, data products, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

AgWaterAI Inc. is a Delaware corporation operating in the State of California. These Terms are governed by the laws of the State of California.

2. Description of Services

AgWaterAI provides:

• Irrigation Management Platform: Software-as-a-Service tools for irrigation scheduling, soil moisture monitoring, and SGMA compliance tracking.
• Data Products: Aggregated, anonymized agricultural water data and analytics for institutional use.
• Compliance Tools: SGMA penalty calculators and regulatory documentation assistance.

3. Your Data

Ownership: You retain all right, title, and interest in and to your farm-specific data ("Your Data").

License Grant: You hereby grant AgWaterAI a perpetual, irrevocable, worldwide, royalty-free license to use, copy, modify, and process Your Data to provide the Services to you.

Aggregated Data: If you have opted in to data aggregation, you agree that AgWaterAI may anonymize and aggregate Your Data with data from other users ("Aggregated Data"). AgWaterAI shall own all right, title, and interest in and to the Aggregated Data and may use such Aggregated Data for any commercial purpose, including licensing it to third parties. Individual farms cannot be identified in Aggregated Data.

4. Not Professional Advice

AgWaterAI is not a registered investment adviser, broker-dealer, or commodity trading advisor. Any data products provided to institutional clients are for informational purposes only and do not constitute investment advice.

5. Subscription and Payment

Pricing: Subscription fees are based on your selected plan and acreage. Custom pricing is available for enterprise clients.

Automatic Renewal (California Disclosure): Your subscription will automatically renew at the end of each term (monthly or annually) at the then-current price unless you cancel. You authorize AgWaterAI to charge your payment method on file. You may cancel at any time through your account settings, and cancellation will be effective at the end of the current billing period. A reminder notice will be sent to your email address 30 days prior to annual renewal.

6. Limitation of Liability

7. Disclaimer of Warranties

THE SERVICES AND ALL DATA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AGWATERAI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

AgWaterAI does not warrant that the Services will be uninterrupted, error-free, or that any data or predictions will be accurate or reliable for your specific farming conditions.

8. Indemnification

You agree to indemnify, defend, and hold harmless AgWaterAI Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your farming, irrigation, or investment decisions made using information from our Services.

9. Dispute Resolution

Binding Arbitration: Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules. The arbitration shall be conducted in Kern County, California.

Opt-Out: You may opt out of this arbitration agreement by sending an email to legal@agwaterai.com with the subject line "ARBITRATION OPT-OUT" within 30 days of first accepting these Terms.

Exceptions: This arbitration clause does not prevent either party from seeking public injunctive relief in a court of competent jurisdiction.

10. California Privacy Rights

If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including the right to know what personal information we collect, the right to delete your personal information, and the right to opt-out of the sale or sharing of your personal information.

To exercise these rights, please visit our Privacy Policy or contact us at privacy@agwaterai.com.

11. Modifications to Terms

AgWaterAI reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

12. Contact Information

For questions about these Terms of Service, please contact:

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.