Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Business As Usual LLC, a limited liability company doing business as Business As Usual Farm and operating the BAU Farm Intelligence product ("BAU", "we", "us"), governing your use of our website, mobile apps, and related services (collectively, the "Service"). All references to "BAU" in these Terms mean Business As Usual LLC. By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility & accounts

You must be at least 16 years old and able to form a binding contract. You are responsible for your account credentials and all activity under your account. Notify us immediately at support@baufarmintelligence.com of any unauthorized use.

2. Subscriptions, billing, and renewals

2.1 Plans and pricing

BAU Farm Intelligence is sold as a recurring subscription in three tiers:

• Farmer Basic — US$19/month or US$190/year (2 months free).
• Farmer Pro — US$79/month or US$790/year (2 months free).
• Farm Enterprise — US$249/month or US$2,490/year (2 months free), with optional add-ons quoted separately.

All prices are in US dollars and exclude applicable sales tax, VAT, or GST, which is added at checkout where required. Per-acre, per-field, or per-seat add-ons (where offered) are billed on the same cycle as your base plan.

2.2 Free trial

• New accounts may start a 14-day free trial of Farmer Basic or Farmer Pro. Farm Enterprise trials are arranged by sales.
• One trial per farm and per payment method. We may decline a trial if we detect abuse.
• You must enter a valid payment method to start the trial. We will not charge it during the trial.
• If you do not cancel before the trial ends, the trial converts to a paid subscription on the plan and billing cycle you selected, and your payment method is charged the first period's fee.
• Unused trial days are forfeited when you upgrade, downgrade, or cancel during the trial.

2.3 Billing cycle

• Monthly plans are billed every month on the calendar day you first subscribed (or the last day of the month, if that day does not exist).
• Annual plans are billed once every 12 months on the anniversary of your first paid charge.
• Subscription fees are charged in advance and cover the upcoming billing period.
• An emailed receipt is sent for every successful charge.

2.4 Automatic renewal

• Your subscription renews automatically at the end of each billing cycle, at the then-current price for your plan, until you cancel.
• By subscribing, you authorize us (and our payment processors) to charge your payment method on file for each renewal.
• We will email a renewal reminder at least 7 days before each annual renewal. Monthly renewals are not pre-notified.
• If your card expires or is replaced, we may use account-updater services from card networks to obtain the new details and keep your subscription active.

2.5 Cancellation

• You can cancel at any time from Settings → Billing → Cancel subscription in the app, or by emailing support@baufarmintelligence.com from your account address.
• Cancellation stops future renewals. You keep access through the end of the period you have already paid for.
• We do not pro-rate refunds for the remaining time on a cancelled subscription, except where required by law.
• If you subscribed through Apple App Store or Google Play, cancel in those platforms' subscription settings — we cannot cancel store-managed subscriptions on your behalf (see sections 3 and 4).

2.6 Plan changes and proration

• Upgrades (e.g., Basic → Pro) take effect immediately. We charge a prorated amount for the remainder of the current cycle and renew at the new plan's price thereafter.
• Downgrades take effect at the end of the current billing cycle. No refund or credit is issued for the difference.
• Switching between monthly and annual billing takes effect on the next renewal unless you choose to apply it immediately, in which case unused time on your current plan is credited to the new plan.

2.7 Price changes

We may change subscription prices. For existing subscribers, we will give at least 30 days' notice by email and in-app before a price change takes effect on your next renewal. If you do not accept the new price, you may cancel before the renewal date and your subscription will end at the end of the current cycle.

2.8 Failed payments

• If a renewal charge fails, we will retry the payment for up to 14 days and notify you by email so you can update your payment method.
• During that grace period, your access continues. If payment is not received within 14 days, the subscription is downgraded to a read-only account and paid features are suspended until billing is restored.
• Accounts that remain unpaid for 60 days may be cancelled. Your farm data is retained according to the deletion timeline in our Privacy Policy.

2.9 Refunds

Except where required by law (for example, statutory withdrawal rights under EU/UK consumer law within 14 days of first purchase, provided the Service has not been substantially used), subscription fees are non-refundable. If you believe you were charged in error, contact support@baufarmintelligence.com within 30 days of the charge and we will review in good faith.

2.10 Taxes

You are responsible for any sales tax, VAT, GST, or similar taxes applicable to your subscription, other than taxes on our net income. Where we are required to collect tax, it will appear as a separate line item on your receipt.

3. In-app purchases on Apple App Store

If you subscribe through the iOS app, payment is charged to your Apple ID. Subscriptions renew automatically within 24 hours before the end of the current period unless auto-renew is turned off at least 24 hours before the end of the period. Manage or cancel your subscription in Settings → [your name] → Subscriptions on your Apple device. Any unused portion of a free trial is forfeited when you purchase a subscription.

4. In-app purchases on Google Play

If you subscribe through the Android app, payment is charged to your Google Play account and renews automatically. Manage or cancel your subscription in the Google Play Store → Subscriptions. Refunds, where available, are handled by Google according to Google Play's policies.

5. License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal farm and business use. You may not resell, sublicense, reverse engineer, scrape, or use the Service to build a competing product.

6. Your content & data

You retain all rights in farm data, photos, notes, and documents you upload ("Your Content"). You grant us a worldwide, royalty-free license to host, process, and display Your Content solely to operate and improve the Service for you. We do not sell Your Content and do not use it to train third-party AI models.

7. Acceptable use

You agree not to:

• Violate any law or third-party right.
• Upload malware, spam, or content you don't have the right to share.
• Interfere with the Service's operation, security, or other users.
• Attempt unauthorized access to accounts, systems, or data.

8. AI-assisted recommendations — no professional advice

Crop, soil, pest, planting, and marketplace recommendations are produced by software, including AI models, using your inputs and third-party data. They are decision-support tools, not professional agronomic, financial, legal, or veterinary advice. You are responsible for verifying recommendations against local conditions, regulations, and your own judgment before acting on them.

9. Marketplace

The buyer marketplace is a venue. Contracts and transactions are solely between you and the counterparty. We are not a party to those agreements and do not guarantee quality, payment, delivery, or compliance.

You are responsible for accurate listings (variety, grade, certifications, food-safety status, organic claims, weight, and pricing), for honoring contracts you accept, and for compliance with applicable food-safety, labeling, weights-and-measures, and interstate commerce laws (including FSMA Produce Safety Rule where applicable). We may remove listings, suspend marketplace access, or terminate accounts for fraud, misrepresentation, repeated cancellations, or unsafe practices. Disputes between buyers and sellers must be resolved between the parties; we may, at our discretion, provide transaction records to assist resolution but are not an arbiter.

10. Third-party services

The Service uses third-party providers (weather, soil, payments, authentication, AI inference). Their terms and privacy notices apply to data they receive. Apple and Google are not parties to these Terms.

10A. Pesticide, chemical & label compliance

Any pest, disease, weed, fertility, or biological recommendation is informational and does not replace the product label or applicable law. The label is the law. You are solely responsible for selecting, mixing, applying, and disposing of pesticides, herbicides, fungicides, and other inputs in accordance with the EPA-approved product label, FIFRA, your state lead agency rules, applicator licensing requirements, re-entry intervals (REI), pre-harvest intervals (PHI), buffer zones, and any organic-certification standards that apply to your operation. We do not recommend or authorize off-label use, and we do not warrant that a recommended product is registered for sale or for a particular crop or pest in your state.

10B. Farm data ownership & portability

You own your farm data — field boundaries, plantings, harvest records, soil tests, scouting notes, photos, and any other content you create or upload. We act as a custodian on your behalf. Specifically:

• We will not sell your identifiable farm data.
• We will not share your identifiable farm data with input suppliers, insurers, landowners, lenders, or government agencies without your direction or a valid legal process.
• We may use aggregated and de-identified data (e.g., regional yield ranges, zone-level pest pressure) to improve the Service, publish benchmarks, and develop new features. De-identified data cannot reasonably be linked back to you or your farm.
• We will not use your farm data to train third-party AI models. AI features that personalize recommendations for you may use your data within your account only.
• You can export your data at any time from Settings → Data → Export in machine-readable formats (CSV/JSON), and you can delete your account and data per our Privacy Policy.
• We work toward alignment with the Ag Data Transparent principles (ownership, collection, notice, use, third-party access, choice, portability, termination, unlawful acts).

11. Termination

You can stop using the Service at any time. We may suspend or terminate accounts that violate these Terms, create risk to us or other users, or are inactive for a prolonged period. On termination, your right to use the Service ends; sections that by their nature should survive (e.g., IP, disclaimers, limits of liability) will survive.

12. Disclaimers

The service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that recommendations will produce any particular result.

13. Limitation of liability

To the maximum extent permitted by law, BAU and its suppliers are not liable for any indirect, incidental, special, consequential, or punitive damages, or lost profits, revenue, data, or crops. Our aggregate liability for any claim arising out of or relating to the service will not exceed the greater of (a) the amounts you paid us in the 12 months before the claim, or (b) US$100.

14. Indemnification

You will defend, indemnify, and hold harmless BAU from any claim arising out of your use of the Service, Your Content, or your breach of these Terms.

14A. Insurance & risk disclosure

Business As Usual LLC (d/b/a Business As Usual Farm; product: BAU Farm Intelligence) maintains a commercial insurance program calibrated to a venture-stage AgTech SaaS platform, including cyber liability and technology errors & omissions (covering AI-recommendation claims), commercial general liability, and (once a priced equity round closes) directors & officers and employment practices liability. Statutory workers' compensation is carried in every state where we employ staff. Limits, retentions, and carriers are reviewed annually and after any material change (financing, headcount, new product line, or reportable incident).

Important: BAU's insurance is purchased to protect Business As Usual LLC and its directors, officers, employees, and contractors. It is not a substitute for your own farm, crop, property, liability, product-liability, or business insurance, and it does not insure your crops, livestock, equipment, employees, or third-party claims arising from your operations. You are solely responsible for maintaining insurance appropriate to your operation, including crop insurance (RMA/FCIC), farm liability, workers' compensation for your workers, commercial auto, and any product-liability coverage required by your buyers or regulators.

Certificates of insurance are issued in the name of Business As Usual LLC (DBA Business As Usual Farm) and are available for enterprise procurement on request to legal@baufarmintelligence.com. The company is a Certified Veteran-Owned Small Business (SBA VOSB) — registration is held under the legal name "Business As Usual LLC" and is publicly verifiable at veterans.certify.sba.gov.

14B. Email authentication & deliverability

Transactional and authentication emails from BAU are sent from the delegated subdomain notify.baufarmintelligence.com. Outbound mail is authenticated with SPF (v=spf1 include:mailgun.org ~all) and DKIM signing, and the parent domain baufarmintelligence.com publishes a DMARC policy (initially p=none for monitoring, tightening to quarantine/reject as our sending reputation matures) with aggregate reports delivered to dmarc@baufarmintelligence.com.

BAU will never ask you for passwords, payment details, or seed-phrase-style credentials by email. If a message claiming to be from BAU fails SPF, DKIM, or DMARC alignment, or arrives from a domain other than baufarmintelligence.com, treat it as suspicious and report it to legal@baufarmintelligence.com.

14C. Confidentiality & mutual NDA

In the course of using the Service, evaluating a pilot, or negotiating an enterprise, buyer, investor, grant, or partnership engagement with Business As Usual LLC (d/b/a Business As Usual Farm; product: BAU Farm Intelligence) (collectively, "BAU"), either party (the "Disclosing Party") may share non-public information with the other (the "Receiving Party"). This Section 14C is a binding mutual non-disclosure agreement between you and Business As Usual LLC and applies in addition to any separately signed NDA between the parties; in the event of a conflict, the separately signed NDA controls.

"Confidential Information" means any non-public information disclosed in any form and marked or reasonably understood to be confidential, including: (a) BAU's source code, models, prompts, agronomic rule sets, soil and rotation algorithms, ROI/yield projections, pricing not publicly listed, roadmap, investor materials, financials, customer and farm lists, marketplace bid/buyer data, and security documentation; and (b) your farm operations data, field boundaries, soil tests, input costs, buyer contracts, and personally identifiable information.

Exclusions. Confidential Information does not include information that the Receiving Party can show is: (i) publicly available without breach of this Section; (ii) already known to the Receiving Party without confidentiality obligation; (iii) independently developed without use of the Disclosing Party's Confidential Information; or (iv) rightfully received from a third party without confidentiality obligation.

Obligations. The Receiving Party will (a) use Confidential Information solely to use, provide, evaluate, or support the Service or the underlying engagement; (b) protect it with at least the same care it uses for its own confidential information, and in no event less than a reasonable standard of care; and (c) limit access to its employees, contractors, advisors, auditors, and affiliates who have a need to know and are bound by confidentiality obligations no less protective than this Section. The Receiving Party is responsible for the acts and omissions of those personnel.

Compelled disclosure. If the Receiving Party is legally compelled to disclose Confidential Information (e.g., subpoena, court order, regulator request), it will, where legally permitted, give the Disclosing Party prompt prior notice and reasonable cooperation to seek a protective order or other remedy, and will disclose only the portion legally required.

Term & survival. Confidentiality obligations begin on first disclosure and continue for three (3) years after termination of your account or the underlying engagement, except that trade secrets remain protected for as long as they qualify as trade secrets under applicable law.

Return or destruction. On the Disclosing Party's written request or on termination, the Receiving Party will promptly return or destroy Confidential Information in its possession, except for (a) copies retained in routine backup systems (which remain subject to this Section until deleted in the ordinary course) and (b) one archival copy retained by counsel for compliance purposes.

No license; residuals. Nothing in this Section grants any license to the Receiving Party in the Disclosing Party's Confidential Information, intellectual property, trademarks (including "Business As Usual", "Business As Usual Farm", and "BAU Farm Intelligence"), or data, except the limited right to use such information solely as needed to perform under the engagement.

Equitable relief. The parties acknowledge that money damages may be inadequate for breach of this Section and that the Disclosing Party may seek injunctive or other equitable relief without posting bond, in addition to any other remedies available at law or in equity.

To request a stand-alone or counter-signed mutual NDA in the name of Business As Usual LLC (DBA Business As Usual Farm), contact legal@baufarmintelligence.com.

BAU executes mutual NDAs electronically: we send a one-time signing link, you sign first, and BAU counter-signs to lock the PDF (SHA-256 integrity hash on the final page).

15. Governing law & disputes

These Terms are governed by the laws of the State of North Carolina, USA, without regard to conflict of laws rules. Disputes will be resolved in the state or federal courts located in North Carolina, and you consent to their jurisdiction. Nothing in this section limits any non-waivable consumer rights you have under your local law.

15A. Informal resolution, arbitration & class-action waiver

Informal resolution first. Before filing a claim, you agree to contact us at legal@baufarmintelligence.com with a written description of the dispute and to negotiate in good faith for 60 days.

Binding arbitration. If we cannot resolve the dispute informally, you and BAU agree that any claim arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in the English language, seated in North Carolina (or by video at your request). Judgment on the award may be entered in any court of competent jurisdiction. Either party may bring an individual action in small-claims court instead of arbitration. Either party may also seek injunctive or equitable relief in court to protect intellectual property or confidential information.

Class-action waiver. You and BAU agree to bring claims only in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated, or representative action. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court and all other claims will remain in arbitration.

Opt-out. You may opt out of this arbitration agreement by emailing legal@baufarmintelligence.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Opting out will not affect any other provision of these Terms.

15B. Accessibility

We design the Service to conform to WCAG 2.1 Level AA. If you encounter an accessibility barrier, please contact support@baufarmintelligence.com and we will work in good faith to provide the information or functionality through an accessible alternative. See our Accessibility Statement.

16. Apple App Store — required terms

These Terms are between you and BAU only, not with Apple. Apple is not responsible for the iOS app or its content. Your license to use the iOS app is limited to use on an Apple-branded device that you own or control, as permitted by the Apple Media Services Terms. Maintenance and support are provided by BAU; Apple has no obligation to provide either. If the iOS app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation. BAU is responsible for addressing any claims relating to the iOS app, including product liability, legal compliance, and consumer protection claims, and any third-party claim that the iOS app infringes that party's intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the iOS app and may enforce them against you. You represent that you are not located in a US-embargoed country or on any US government restricted-parties list.

17. Changes

We may update these Terms. Material changes will be posted here with a new effective date and, where required, notified in-app or by email. Continued use after changes means you accept the updated Terms.

18. Contact

Legal notices: legal@baufarmintelligence.com. General questions: support@baufarmintelligence.com.