DropFlight Terms of Service

Welcome to DropFlight! DropFlight is a droplet analysis and characterization decision-support tool for agricultural aircraft, provided by Agriculture Technologies, LLC.

As used in these Terms of Service, "we", "us", "our" and "DropFlight" means Agriculture Technologies, LLC, and "you" means the individual using the DropFlight iOS application (the "App") or, if you use the App on behalf of a company, operator, or other organization, that organization. These terms and conditions are referred to as the "Terms of Service".

Please read these Terms of Service carefully. By downloading, accessing, or using the App, you agree to be bound by these Terms of Service. Be sure to check back occasionally for updates. Section 11 contains a binding arbitration agreement and class action waiver that affect how disputes are resolved.

To make these Terms of Service easier to read, we have included a short summary under the heading "Which means" at the start of most sections. These summaries are provided for convenience only and are not legally binding. Only the full text of each section is binding.

1. Account Terms

Which means

You must be legally able to enter into a contract to use DropFlight. If you use it for your company, your company is bound by these terms too.

1.1 By downloading, accessing, or using the App, you agree to these Terms of Service. If you do not agree to these Terms of Service, you may not use the App.

1.2 You must be of legal age to form a binding contract in your jurisdiction to use the App.

1.3 If you use the App on behalf of a company, operator, or other organization, you represent that you have authority to bind that organization to these Terms of Service.

2. The DropFlight App

Which means

DropFlight is a tool to support your professional judgment, not replace it. We don't control third-party data shown in the App, and we may change the App at any time.

2.1 Intended Use. The App is intended for use by aerial applicators and other agricultural professionals as an aid to, and not a substitute for, their own professional training, experience, and judgment. The information provided by the App is not intended as a substitute for professional advice or judgment, and all decisions regarding any application of any product remain solely yours.

2.2 Third-Party Data and Services. The App may use or display data, content, or services provided by third parties, such as weather, mapping, GPS, nozzle manufacturer, or product data. We do not control and are not responsible for third-party data or services, and they are provided "as is" without warranty of any kind. Your use of third-party services may be subject to those third parties' own terms.

2.3 Changes to the App. We reserve the right to modify, update, or remove the App or any part of it at any time without notice.

3. License, Restrictions and Intellectual Property

Which means

You may use DropFlight for your own operations. You may not copy it, reverse engineer it, resell it, or scrape it. We own the App and everything in it.

3.1 License Grant. Subject to your continued compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on devices that you own or control, solely for your own internal agricultural operations. All rights not expressly granted to you in these Terms of Service are reserved by us.

3.2 Restrictions on Use. You will not, and will not permit or assist any third party to:

(a) copy, modify, translate, or create derivative works of the App or any part of it;

(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, models, calculations, data structures, or underlying methodology of the App, except to the extent that this restriction is expressly prohibited by applicable law;

(c) rent, lease, lend, sell, sublicense, distribute, or otherwise make the App available to any third party;

(d) use any automated means, including scraping, crawling, or data-mining tools, to extract data, content, or outputs from the App;

(e) remove, alter, or obscure any proprietary notices in the App; or

(f) use the App for any purpose that is unlawful or prohibited by these Terms of Service.

3.3 Ownership and Intellectual Property. All content provided by the App, including but not limited to text, graphics, images, logos, software, algorithms, models, calculations, and methodologies, is owned or licensed by us and is protected by intellectual property laws. You may not copy, distribute, or use any of the content provided by the App without our prior written consent, except as expressly permitted by Section 3.1.

4. Competitive Use

Which means

You may not use DropFlight, or anything it produces, to build or improve a competing product. Companies that offer a competing product may not use DropFlight without our written permission. If you start competing with us, your license ends automatically.

4.1 Prohibited Competitive Use. You may not access or use the App, or any content, data, results, outputs, or documentation provided by or through the App, directly or indirectly, in order to:

(a) design, develop, build, train, test, market, sell, or offer any product, software, application, or service that competes with the App or provides functionality substantially similar to it, including without limitation any droplet analysis, droplet size characterization, spray pattern, or spray deposition tool for agricultural aircraft or other application equipment (a "Competing Product");

(b) conduct benchmarking, feature comparison, or competitive analysis of the App for the purpose of developing or improving a Competing Product;

(c) copy or imitate any features, functions, workflows, user interface, or graphics of the App; or

(d) train, fine-tune, or improve any machine learning or artificial intelligence model.

4.2 Competitor Access Prohibited. You may not access or use the App if you are, or are acting on behalf of or for the benefit of, any person or entity that develops, markets, sells, or offers a Competing Product, unless we have given our prior written consent. By using the App, you represent that you are not such a person or entity and are not acting on behalf of one.

4.3 Automatic Termination. Any breach of this Section 4, or any development, marketing, sale, or offering of a Competing Product by you or any person or entity on whose behalf you use the App, will result in the automatic termination of your license as described in Section 9.3.

5. Your Responsibilities

Which means

The product label is the law, and you are responsible for every application you make. DropFlight's results are estimates that you must verify through your own calibration and testing. You take on all risk of drift and crop damage.

5.1 Regulatory Compliance. The pesticide or other product label is the law. Nothing in the App modifies, overrides, or replaces any product label, or any requirement of the U.S. Environmental Protection Agency, any state lead agency or department of agriculture, the Federal Aviation Administration (including 14 C.F.R. Part 137), or any other governmental authority. You are solely responsible for: selecting products; determining application rates, nozzle selection, nozzle orientation, pressure, airspeed, boom configuration, release height, swath width, and buffer zones; evaluating weather and environmental conditions; and ensuring that every application complies with the product label and all applicable laws, regulations, permits, and licensing requirements.

5.2 Legal Compliance. It is your responsibility to comply with all applicable laws and regulations governing the use of the App, and you are solely responsible for ensuring that your use of the App does not violate any laws or regulations.

5.3 Results Are Estimates; Verification Required. The information provided by the App is based on the best available knowledge and research at the time of creation. All droplet size, spray quality, drift potential, and other results generated by the App are estimates only. Actual results depend on many factors outside our control, including but not limited to nozzle type, wear, and condition; spray pressure; airspeed; aircraft and boom configuration; tank mix and product formulation; adjuvants; temperature, humidity, wind, and atmospheric stability; and equipment maintenance and calibration. You must independently verify your aircraft and equipment setup through your own calibration and spray pattern testing and must not rely solely on the App. We make no warranties or representations as to the accuracy or completeness of the information, and we assume no liability for any errors or omissions in the content provided by the App.

5.4 Drift, Off-Target Movement, and Crop Damage. You acknowledge that aerial application carries inherent risks, including spray drift, volatilization, and off-target movement that may injure or damage crops, plants, pollinators, livestock, wildlife, water, property, or persons. You assume all such risks. We are not responsible for any drift, off-target movement, crop injury, yield loss, contamination, damage to neighboring crops or property, harm to bees, pollinators, or other non-target organisms, regulatory investigation, fine, penalty, or enforcement action, or any claim by any landowner, grower, customer, regulator, or other third party arising from or related to any application you make, whether or not you used the App in connection with it.

6. AI-Powered Analysis

Which means

DropFlight's AI analysis can be wrong, so always check it before you act on it. Don't try to trick, overload, or extract information from the AI. We can limit or turn off AI features at any time.

6.1 AI Output. The App includes features that use artificial intelligence ("AI Features") to analyze test results and generate summaries, interpretations, or recommendations ("AI Output"). AI Output is generated automatically and may be inaccurate, incomplete, inconsistent, or out of date, and may not reflect the specific conditions of your aircraft, equipment, product, or application site. AI Output is an estimate subject to Sections 5.3 and 5.4, is not professional, agronomic, or regulatory advice, and does not modify or replace any product label requirement. You are solely responsible for reviewing and independently verifying all AI Output before relying on it or acting on it.

6.2 AI Acceptable Use. You will not, and will not attempt to:

(a) bypass, disable, or circumvent any safeguards, filters, or usage limits of the AI Features, including through prompt injection or "jailbreaking";

(b) extract, reveal, or reconstruct the prompts, instructions, models, configurations, or methodology underlying the AI Features;

(c) submit content that is unlawful, harmful, misleading, or infringing, or that contains malicious code;

(d) use the AI Features for any purpose unrelated to the intended use of the App described in Section 2.1;

(e) use bots, scripts, or other automated means to access the AI Features, or submit excessive requests that burden or interfere with them; or

(f) use AI Output to develop a Competing Product or to train, fine-tune, or improve any artificial intelligence model, as further provided in Section 4.

6.3 Third-Party AI Providers. The AI Features may be powered in whole or in part by third-party providers. Your use of the AI Features is also subject to the applicable usage policies of those providers, and you agree to comply with them.

6.4 Limits and Suspension. We may monitor use of the AI Features to detect abuse and enforce these Terms of Service, and we may impose usage limits on, modify, suspend, or discontinue any AI Features, or suspend or terminate your access to them, at any time and without notice.

7. Payment of Fees

Which means

Some features may require a purchase or subscription. Payments, renewals, cancellations, and refunds are handled through your Apple account.

7.1 Certain features of the App may require payment of a one-time fee or a recurring subscription.

7.2 Purchases made through the Apple App Store are processed by Apple and are subject to Apple's terms and payment policies.

7.3 Unless you cancel at least 24 hours before the end of the current subscription period, subscriptions automatically renew for the same period at the then-current price, and your Apple account will be charged.

7.4 You may manage or cancel a subscription at any time in your Apple account settings. Cancellation takes effect at the end of the current subscription period.

7.5 Refunds for App Store purchases are handled by Apple in accordance with its policies, and we do not issue refunds directly except as required by law.

7.6 We may change our prices with advance notice as permitted by Apple and applicable law.

8. Disclaimer of Warranties, Limitation of Liability and Indemnification

Which means

DropFlight is provided "as is." We are not liable for any damages arising from your use of the App, including crop loss, drift, or regulatory fines. If someone makes a claim against us because of your use of the App or your applications, you are responsible for it.

8.1 Disclaimer of Warranties. To the fullest extent permitted by applicable law, the App and all content provided by it are provided "as is" and "as available." We make no warranties or representations of any kind, express or implied, as to the operation of the App or the content provided by it. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranties arising from course of dealing or usage of trade. We do not warrant that the App will be uninterrupted, error-free, secure, or free of harmful components, or that any results will be accurate or reliable.

8.2 Disclaimer of Liability. To the fullest extent permitted by applicable law, in no event will we, or our members, managers, officers, employees, agents, licensors, or suppliers, be liable for any damages whatsoever, including but not limited to direct, indirect, incidental, special, exemplary, punitive, or consequential damages, lost profits, lost revenue, crop loss, yield loss, property damage, personal injury, loss of data, or regulatory fines or penalties, arising from or in connection with the use of, or inability to use, the App or any content provided by it, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and even if we have been advised of the possibility of such damages.

8.3 Indemnification. You agree to defend, indemnify, and hold harmless us and our members, managers, officers, employees, agents, licensors, and suppliers from and against any and all claims, demands, actions, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

(a) your use of the App;

(b) any application of any product made by you or on your behalf, including any drift, off-target movement, crop injury, or property damage;

(c) any claim by a landowner, grower, customer, regulator, or other third party;

(d) your violation of any product label, law, or regulation; or

(e) your breach of these Terms of Service.

9. Term and Termination

Which means

We can end your license if you break these terms. If you compete with us, your license ends automatically. When your license ends, you must stop using and delete the App.

9.1 These Terms of Service, and your license to use the App, remain in effect until terminated.

9.2 We may suspend or terminate your license at any time, with or without notice, if you breach any of these Terms of Service.

9.3 Your license will terminate automatically and immediately, without notice from us, if you or any person or entity on whose behalf you use the App (a) breaches Section 4, or (b) begins to develop, market, sell, or offer a Competing Product.

9.4 Upon any termination, you must immediately stop all use of the App and delete all copies of it from your devices.

9.5 Termination does not limit any of our other rights or remedies, whether under these Terms of Service, at law, or in equity.

9.6 Sections 2.2, 3.2, 3.3, 4, 5, 6, 8, 9, 11 and 12 will survive any termination of these Terms of Service, as will any other provision that by its nature should survive.

10. Modifications

Which means

We may update these terms. If you keep using DropFlight after an update, you accept the new terms.

10.1 We may change these Terms of Service at any time, and your continued use of the App after any changes will constitute your acceptance of the revised Terms of Service. The "Last updated on" date at the top of these Terms of Service shows when they were last changed.

11. Dispute Resolution and Governing Law

Which means

Before filing any claim, you must first contact us and try to resolve it. Disputes are decided by an arbitrator, not a judge or jury, and only on an individual basis, not as a class action. We can still go to court to protect our intellectual property or stop competitive use.

Please read this section carefully. It affects your legal rights.

11.1 Informal Resolution. Before starting any arbitration or court proceeding, you agree to first contact us at the address in Section 12.6 and attempt in good faith to resolve the dispute informally for at least 30 days.

11.2 Binding Arbitration. Except as provided in Section 11.4, any dispute, claim, or controversy arising out of or relating to these Terms of Service or the App will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The arbitration will take place in Grand Rapids, Michigan unless the parties agree otherwise. The arbitrator's decision will be final, and judgment on the award may be entered in any court of competent jurisdiction.

11.3 Class Action Waiver. You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one party's claims or preside over any form of class or representative proceeding.

11.4 Exceptions. Either party may bring an individual claim in small claims court, and we may seek injunctive or other equitable relief in a court of competent jurisdiction to protect our intellectual property or to enforce Sections 3.2, 4, 6, or 12.1.

11.5 Jury Trial Waiver. To the extent any dispute proceeds in court rather than arbitration, you and we waive any right to a jury trial.

11.6 Governing Law and Venue. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict-of-laws principles. Subject to Sections 11.1 through 11.5, any proceeding permitted to be brought in court shall be brought exclusively in the state or federal courts located in Ottawa, Michigan, and you consent to the personal jurisdiction of those courts.

12. General Conditions

12.1 Equitable Relief. You acknowledge that any breach of Section 3.2, Section 4, or Section 6.2 would cause us irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, in addition to any other remedies available to us, we will be entitled to seek injunctive or other equitable relief to prevent or stop such a breach, without the necessity of posting a bond or proving actual damages.

12.2 Export Controls and Sanctions. The App is subject to United States export control and economic sanctions laws. You represent and warrant that (a) you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on, or owned or controlled by any party listed on, any U.S. Government list of prohibited or restricted parties. You will not export, re-export, or transfer the App, or use it, in violation of any such laws.

12.3 Assignment. You may not assign or transfer these Terms of Service, or any rights or obligations under them, without our prior written consent, and any attempted assignment without consent is void. We may assign or transfer these Terms of Service, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

12.4 Force Majeure. We will not be responsible for any delay or failure in performance caused by events beyond our reasonable control, including acts of God, natural disasters, severe weather, fire, flood, epidemic, war, terrorism, civil unrest, labor disputes, governmental action, utility or internet failures, or failures of third-party hosting or service providers.

12.5 Severability. If any provision of these Terms of Service is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, or modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

12.6 Notices and Contact Information. Questions, notices, and claims regarding these Terms of Service or the App should be sent to: info@dropflightag.com

We may provide notices to you through the App, by email to the address associated with your account, or by posting on our website.

12.7 Entire Agreement. These Terms of Service constitute the entire agreement between you and us regarding the use of the App and supersede all prior agreements or understandings, whether written or oral. If you and we have entered into a separate written agreement signed by both parties that governs your use of the App, that agreement will control to the extent it conflicts with these Terms of Service.

12.8 No Waiver. Our failure to enforce any provision of these Terms of Service is not a waiver of our right to do so later.