# Terms of Service

**Effective Date: July 27, 2025**

Welcome to Agri Flight Logs (the “Service”), a web application provided by Agri Flight LLC (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Service, which is designed to track and store agricultural drone flight data in the United States for the purpose of generating reports compliant with Federal Aviation Administration (FAA) regulations. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

## 1. Eligibility and Geographic Restrictions
### 1.1 United States Only
The Service is intended solely for users located in the United States of America. All data is stored and processed on servers located in the United States using Google Cloud infrastructure, in compliance with applicable U.S. laws and regulations. We do not offer or market the Service to users outside the United States, including but not limited to the European Union (EU), European Economic Area (EEA), or United Kingdom (UK).

### 1.2 Prohibition on Use Outside the USA
You represent and warrant that you are located in the United States and will not access or attempt to access the Service from outside the United States. Any attempt to bypass geographic restrictions (e.g., through VPNs or other means) to access the Service from outside the United States, including from the EU/EEA/UK, is strictly prohibited and constitutes a material breach of these Terms.

### 1.3 Restrictions on EU/EEA/UK Users
We do not market or offer the Service to individuals or entities in the EU, EEA, or UK. If you are located in the EU, EEA, or UK and attempt to access or use the Service by bypassing our region lock or other access controls, you are in violation of these Terms. Upon detection of such unauthorized access:
- Your account will be immediately terminated;
- All associated data will be deleted in accordance with our data retention policies; and
- You will be permanently banned from using the Service.
We reserve the right to take any additional legal action as permitted by law to enforce this restriction.

### 1.4 Age Requirement
You must be at least 18 years old to use the Service. If you are under 18, you may not use the Service under any circumstances.

## 2. Purpose and Scope of the Service
The Service is a Software as a Service (SaaS) platform designed to collect, store, and manage flight data for agricultural spray drones operating in the United States. The Service enables users to generate reports required for compliance with FAA regulations, including but not limited to 14 CFR Part 107 (Small Unmanned Aircraft Systems), Part 137 (Agricultural Aircraft Operations), and exemptions under Section 44807 of the FAA Reauthorization Act of 2018. You are responsible for ensuring that your use of the Service complies with all applicable FAA regulations and other federal, state, and local laws.

## 3. Account Registration and Responsibilities
### 3.1 Account Creation
To use the Service, you must create an account by providing accurate and complete information, including a valid U.S. address and any applicable tax identification information required for compliance with U.S. tax laws. You agree to keep your account information up to date.

### 3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.

### 3.3 FAA Compliance
You represent and warrant that:
- You hold all necessary FAA certifications, registrations, or authorizations, including but not limited to:
  - A Part 107 Remote Pilot Certificate, if applicable;
  - A Part 137 Operator Certification for agricultural aircraft operations;
  - An exemption under Section 44807 of the FAA Reauthorization Act of 2018, if required for your drone operations.
- All flight data submitted to the Service is accurate and complies with FAA requirements.
- You will use the Service solely to generate reports for lawful drone operations in the United States.

### 3.4 Organizational Responsibility
If you create an account on behalf of an organization, you are the "Organization Owner." The Organization Owner is responsible and liable for all activity conducted under the organization's account, including all actions taken by users you invite or grant access to (e.g., "Administrators," "Pilots"). You are solely responsible for:
a. Managing access permissions and roles for all users within your organization.
b. Ensuring your users comply with these Terms of Service.
c. Any loss, corruption, or deletion of User Data resulting from actions taken by users within your organization's account.

Agri Flight LLC shall have no liability for any damages resulting from the actions or omissions of users you have granted access to your organization's account. Any disputes between you and a user within your organization must be resolved directly between you and that user.

## 4. Data Storage, Rights, and User Content
### 4.1 Data Hosting
All data collected through the Service is stored and processed on servers located in the United States, hosted by Google Cloud and Firebase. We implement industry-standard security measures to protect your data, in compliance with Google Cloud’s security and compliance standards.

### 4.2 Types of Data Collected
The Service collects and processes the following types of data to provide agricultural drone flight logging and compliance reporting:

**Flight Operations Data:**
- Flight logs and KML files containing GPS coordinates, flight paths, and timing data
- Flight dates, times, timezones, and duration information
- NOTAM numbers and drift management practices
- Pilot information and equipment details
- Weather conditions (temperature, wind speed, wind direction, gusts)

**Agricultural Application Data:**
- Chemical information including EPA registration numbers, active ingredients, and application rates
- Adjuvant information and application details
- Application site information including field boundaries and acreage
- Crop types and field identification data

**Business and Customer Data:**
- Organization business information (company names, addresses, contact details)
- Customer information (company names, contact persons, addresses, phone numbers, emails)
- Grower information when different from customer
- Equipment registration and maintenance records
- User account information and role assignments

**Financial and Integration Data:**
- Subscription and billing information processed through Stripe
- QuickBooks integration data for accounting purposes
- Invoice generation and tracking data

**Technical Data:**
- Map screenshots and visualizations generated from flight data
- System logs and usage analytics for service improvement
- Authentication tokens and session data

### 4.3 Your Data Rights and License Grant
You retain full ownership and all intellectual property rights to the flight data, logs, and other content you submit to the Service ("User Data").

To operate the Service effectively, you grant Agri Flight LLC and its contractors a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, host, store, reproduce, modify, adapt, create derivative works from, communicate, publish, display, and distribute your User Data. This license is granted for the limited purposes of:
a. Providing, maintaining, and improving the Service for you and your organization's users;
b. Enabling features where data may be accessed and modified by different user roles within your organization (e.g., an administrator editing a pilot's flight log for accuracy);
c. Generating FAA-compliant reports and other data visualizations as requested by you;
d. Preventing or addressing service, security, or technical issues; and
e. As required by law or as permitted by our Privacy Policy.

This license continues even if you stop using our Services, primarily for the purpose of maintaining historical data integrity for your organization and for our legal and regulatory compliance.

### 4.3 Aggregated and Anonymized Data
We reserve the right to use User Data in an aggregated and anonymized form (where no individual or organization can be identified) for statistical analysis, service improvement, and to report on industry trends. We will not sell or otherwise distribute this aggregated data in a way that identifies you or your organization.

### 4.4 User Representations and Warranties
You represent and warrant that:
a. You have all necessary rights, licenses, and permissions in the User Data to grant the licenses set forth in these Terms.
b. The storage, use, and transmission of your User Data will not violate any law, regulation, or these Terms.
c. You are solely responsible for the nature, accuracy, and content of your User Data. You will maintain appropriate security measures to protect your User Data from unauthorized access.

### 4.5 Data Use for Compliance
We may use User Data to ensure compliance with these Terms, applicable laws, and FAA regulations. We may also share User Data with regulatory authorities, such as the FAA, if required by law or to respond to a valid legal request (e.g., subpoena, court order).

### 4.6 Data Retention and Deletion
We will retain User Data for as long as necessary to provide the Service or as required by applicable law. Upon termination of your account, we will delete your User Data in accordance with our data retention policies, unless retention is required for legal compliance. For users found to be in violation of the geographic restrictions (Section 1), all associated data will be deleted immediately upon account termination.

## 5. Compliance with Laws
### 5.1 General Compliance
You agree to use the Service in compliance with all applicable federal, state, and local laws, including but not limited to:
- FAA regulations under 14 CFR Part 107, Part 137, and Section 44807 exemptions;
- State and federal regulations governing agricultural chemical application and reporting;
- U.S. privacy laws, including the California Consumer Privacy Act (CCPA), if applicable;
- Any other relevant regulations governing drone operations, agricultural operations, or data processing.

### 5.2 Prohibited Uses
You may not use the Service:
- For any unlawful purpose or in violation of any applicable law or regulation;
- To process data subject to the Health Insurance Portability and Accountability Act (HIPAA), unless a Business Associate Agreement (BAA) is executed with us;
- To engage in activities prohibited by Google Cloud’s Acceptable Use Policy (AUP), including cryptocurrency mining without prior approval;
- For any purpose other than legitimate agricultural drone operations and compliance reporting;
- To bypass usage limits or quotas through unauthorized means.

### 5.3 FAA-Specific Compliance
You are solely responsible for:
- Registering your drones with the FAA, as required under 14 CFR Part 107 or the Exception for Limited Recreational Operations;
- Obtaining any necessary airspace authorizations via the FAA’s Low Altitude Authorization and Notification Capability (LAANC) or DroneZone;
- Ensuring drones comply with Remote ID requirements, as applicable;
- Maintaining records and documentation required by the FAA, including preflight checklists and operational logs;
- Obtaining and maintaining a valid Section 44807 exemption, if required for your drone operations.

## 6. Fees and Payment
### 6.1 Subscription Fees
The Service is provided on a subscription basis. You agree to pay all applicable fees as outlined in your subscription plan.

### 6.2 Taxes
You are responsible for any taxes, interest, penalties, or fines arising from your use of the Service. You will provide us with any tax identification information required to comply with applicable tax laws.

### 6.3 Payment Disputes
Any payment disputes must be submitted in good faith before the payment due date. We will review disputes and, if applicable, issue a credit memo for any billing inaccuracies attributable to us.

### 6.4 Refund Policy
All fees and payments are non-refundable. Any refunds for subscription fees or other charges are granted solely at the discretion of Agri Flight LLC administration. To request a refund, please contact our support team.

## 7. Intellectual Property
### 7.1 Ownership
We retain all rights, title, and interest in the Service, including all software, algorithms, user interfaces, and other intellectual property. You are granted a non-exclusive, non-transferable, revocable license to use the Service solely for its intended purpose, subject to these Terms.

### 7.2 Restrictions
You may not:
- Copy, modify, or create derivative works of the Service;
- Reverse engineer, decompile, or disassemble the Service, except as permitted by applicable law;
- Sell, sublicense, or distribute the Service to third parties.

## 8. Termination
### 8.1 By You
You may terminate your account at any time by following the instructions in the Service or contacting us at BCarr@briansprecisionag.com.

### 8.2 By Us
We may suspend or terminate your access to the Service at our sole discretion if:
- You violate these Terms, including the geographic restrictions in Section 1;
- You fail to pay applicable fees;
- We suspect fraudulent or unlawful activity;
- We are required to do so to comply with applicable law or a regulatory authority.

### 8.3 Effect of Termination
Upon termination, your access to the Service will cease, and we will delete your User Data in accordance with Section 4.4, unless retention is required by law.

## 9. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or revenue, arising from your use of the Service. Our total liability shall not exceed the amount you paid for the Service in the twelve (12) months preceding the claim.

## 10. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or losses arising from:
- Your violation of these Terms;
- Your use of the Service in violation of applicable laws or regulations;
- Any User Data you submit that infringes third-party rights or violates applicable law.

## 11. Disclaimers
The Service is provided “as is” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components. We are not responsible for any delays, inaccuracies, or failures in generating FAA-compliant reports due to incomplete or inaccurate User Data.

## 12. Third-Party Services
The Service integrates with and relies on various third-party services to provide its functionality:

**Core Infrastructure:**
- Google Cloud Platform and Firebase for data hosting, authentication, and cloud functions
- Google Maps API for mapping and geolocation services

**Payment and Financial Services:**
- Stripe for subscription billing and payment processing
- QuickBooks for accounting integration and invoice management

**Other Services:**
- Various APIs and services for weather data, regulatory compliance, and system functionality

Your use of these third-party services through our platform is subject to their respective terms of service and privacy policies. We are not responsible for the performance, content, or security of any third-party services and shall not be liable for any damage or loss caused by or in connection with your use of them. We may update or change third-party service providers at our discretion to improve the Service.

## 13. Governing Law and Dispute Resolution
### 13.1 Governing Law
These Terms and your use of the Service are governed by the laws of the State of [STATE WHERE AGRI FLIGHT LLC IS INCORPORATED], United States, without regard to its conflict of law principles.

### 13.2 Dispute Resolution
Any disputes arising out of or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in [CITY, STATE WHERE AGRI FLIGHT LLC IS INCORPORATED], and the language of arbitration will be English. You waive any right to participate in a class action lawsuit or class-wide arbitration.

## 14. Changes to These Terms
We reserve the right to modify these Terms at any time, in our sole discretion, by posting the revised Terms on our website or within the Service. Changes will take effect immediately upon posting unless otherwise specified. For material changes, we will provide at least thirty (30) days advance notice where feasible, but reserve the right to make immediate changes for legal compliance, security, or operational reasons. Your continued use of the Service after any changes constitutes acceptance of the revised Terms.

## 15. Miscellaneous
### 15.1 Entire Agreement
These Terms, together with our Privacy Policy and End-User License Agreement (EULA), constitute the entire agreement between you and us regarding the Service and supersede all prior agreements or understandings.

### 15.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

### 15.3 Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged in writing by us.

### 15.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without restriction.

## 16. Contact Information
For questions or concerns about these Terms or the Service, please contact us at BCarr@briansprecisionag.com.

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**Last Updated: July 27, 2025**