Terms of Service

These Terms of Service ("Terms") govern your use of the website, farm portal, sensor monitoring services, and all related products and services (collectively, the "Services") provided by TerraVue USA ("TerraVue," "we," "us," or "our"), a sole proprietorship based in Des Moines, Iowa.

By accessing our website at terravueusa.com or using any of our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1. Description of Services

TerraVue USA provides sensor-based farm intelligence services for agricultural operations. Our Services include, but are not limited to:

• Soil moisture, soil temperature, and ambient environmental sensors and associated hardware.
• Professional sensor installation, maintenance, and replacement.
• A web-based farm portal for viewing sensor data, alerts, and agronomic recommendations.
• Email and SMS alert notifications based on sensor readings and configurable thresholds.
• Periodic farm performance reviews and reports.

2. Eligibility

You must be at least 18 years of age and capable of entering into a legally binding agreement to use our Services. By using the Services, you represent and warrant that you meet these requirements.

3. User Accounts

Access to the farm portal requires an account created by TerraVue USA on your behalf after your subscription is activated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You agree to notify us immediately at support@terravueusa.com if you become aware of any unauthorized use of your account. TerraVue USA is not liable for losses arising from unauthorized access to your account.

4. Subscriptions and Payment

Our Services are provided on a subscription basis. Specific pricing, billing frequency, minimum acreage requirements, and contract terms will be outlined in a separate Service Agreement provided to you before your subscription begins.

All fees are due as specified in your Service Agreement. Late payments may result in suspension of Services. We reserve the right to adjust pricing with 60 days' written notice prior to your next billing cycle.

5. Hardware and Installation

Unless you have purchased hardware outright under an upfront purchase option, all sensor hardware, gateways, and related equipment remain the property of TerraVue USA. You agree to provide reasonable access to your property for installation, maintenance, and retrieval of equipment.

You are responsible for not intentionally damaging, relocating, or tampering with installed equipment. Normal wear and weather damage are covered under your subscription.

6. SMS Text Message Terms

By enabling SMS alerts in your farm portal account settings and providing your mobile phone number, you expressly consent to receive automated text messages from TerraVue USA at the number(s) you provide. This consent covers:

• Critical sensor alerts and equipment notifications
• General sensor threshold alerts
• Daily summary reports
• Agronomic decision recommendations

Message frequency variesbased on your alert settings and sensor conditions. Message and data rates may apply. Your mobile carrier's standard messaging and data rates apply to all text messages.

SMS consent is not required as a condition of purchasing any TerraVue USA product or service.

Opt-out: Reply STOP to any message to unsubscribe. You may also disable SMS alerts in your portal account settings or contact support@terravueusa.com.

Help: Reply HELP to any message for assistance, or email support@terravueusa.com.

We will not share your phone number with third parties for their marketing purposes. Supported carriers include, but are not limited to, AT&T, Verizon, T-Mobile, and Sprint. Carrier coverage may vary.

7. Data Ownership

Your farm data belongs to you. Sensor readings, field data, and reports generated from your operation are your property. We will not share your identifiable farm data with third parties without your explicit written consent, except as required by law.

We may use anonymized, aggregated data (which cannot identify you or your farm) for research, product improvement, and statistical purposes.

You grant TerraVue USA a limited, non-exclusive license to use your data solely for the purpose of providing and improving the Services during your subscription.

8. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of these Terms.
• Attempt to gain unauthorized access to any part of the Services, other accounts, or related systems.
• Reproduce, distribute, or create derivative works from our website content, software, or proprietary materials without written permission.
• Interfere with or disrupt the integrity or performance of the Services.
• Use automated tools (bots, scrapers) to access our website or Services without prior written consent.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TerraVue USA does not guarantee that sensor data will be uninterrupted, error-free, or completely accurate at all times. Sensor readings are intended to supplement — not replace — your professional agronomic judgment, crop scouting, and local expertise.

Agronomic recommendations provided through our Services are informational only and do not constitute professional agricultural consulting advice. You are solely responsible for all farming decisions made on your operation.

ROI projections and yield impact estimates referenced on our website are based on published university research and are provided for illustrative purposes only. Actual results vary based on weather, soil conditions, disease pressure, management practices, and other factors.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TERRAVUE USA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF CROPS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO TERRAVUE USA DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless TerraVue USA and its owner, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising out of your use of the Services, your violation of these Terms, or your violation of any third-party rights.

12. Termination

Either party may terminate the subscription Services as specified in your Service Agreement. We reserve the right to suspend or terminate your access to the Services immediately if you violate these Terms or fail to make required payments.

Upon termination, your right to access the farm portal and related Services will cease. You may request a copy of your sensor data within 30 days of termination. After 30 days, we may delete your account data.

If your subscription is on the standard model (TerraVue-owned hardware), we will arrange retrieval of sensors and equipment from your property at a mutually agreed time.

13. Intellectual Property

All content on the TerraVue USA website — including text, graphics, logos, software, and design — is the property of TerraVue USA and is protected by applicable intellectual property laws. You may not reproduce, modify, or distribute our content without prior written consent.

14. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of Iowa, without regard to conflict of law principles. Any disputes arising out of or related to these Terms or the Services shall be resolved in the state or federal courts located in Polk County, Iowa.

Before initiating any legal action, you agree to attempt to resolve disputes informally by contacting us at support@terravueusa.com. We will make good faith efforts to resolve any issue within 30 days.

15. Modifications to These Terms

We reserve the right to modify these Terms at any time. Material changes will be posted on this page with an updated effective date. Your continued use of the Services after changes are posted constitutes acceptance of the modified Terms.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any Service Agreement executed between you and TerraVue USA, constitute the entire agreement between you and TerraVue USA regarding the Services.

18. Contact Us

If you have any questions about these Terms, please contact us: