Terms of Service – WaterFowl Alert Network

WaterFowl Alert Network Terms of Service

Effective Date: June 26 2025

These Terms of Service (“Terms”) govern your use of the WaterFowl Alert Network (“WFAN”), a service operated by AgriNerds, Inc. (“Service Provider,” “we,” “us”). By using WFAN, you agree to these Terms. If you do not agree, do not use the Service.

1. Use of Service

You may use WFAN solely for internal business purposes related to your subscribed agricultural operations. Access is limited to employees of your organization. Sharing access with contractors, affiliates, or third parties without written consent is prohibited. Each “farm” refers to a single, geographically bounded physical site under unique operational control.

2. Subscription and Payment

Access to WFAN is provided on a subscription basis. Pricing, billing frequency, and farm count are defined in your Subscription Agreement. Late payments may accrue interest as defined in that agreement.

3. Intellectual Property and Ownership

All content, models, software, and intellectual property associated with WFAN remain the sole property of AgriNerds, Inc. You receive a limited, non-exclusive, non-transferable license to access and use WFAN. Reverse engineering, copying, or creating derivative works based on the Service is prohibited.

4. Customer Responsibilities

You are responsible for:

Ensuring your use of WFAN complies with applicable laws.
Not using WFAN for wildlife harvesting or regulatory enforcement.
Maintaining secure access and promptly removing inactive users.
Avoiding unauthorized copying or distribution of data or platform elements.

5. Disclaimers

WFAN provides predictive tools for assessing bird migration risk and related data. These predictions are not guaranteed. The Service is provided “as is” and “as available.” We disclaim all warranties, including fitness for a particular purpose, merchantability, and non-infringement.

6. Limitation of Liability

We are not liable for indirect, incidental, special, or consequential damages. Our total liability under these Terms shall not exceed the amount you paid in the prior 12 months or $1,000, whichever is greater. This limitation does not apply to liability from gross negligence, fraud, or willful misconduct.

7. Indemnification

You agree to indemnify and hold harmless AgriNerds, Sacramento Labs, and our affiliates, employees, and contractors from third-party claims arising out of your use of the Service, including improper reliance on WFAN predictions.

8. Termination

We may suspend or terminate your access to WFAN if you violate these Terms. You may cancel your subscription as outlined in your Subscription Agreement.

9. Notices

All notices must be sent by email to the designated contacts in your Subscription Agreement.

10. Governing Law and Dispute Resolution

These Terms are governed by California law. Disputes will be resolved by binding arbitration in Sacramento, CA, under the rules of the American Arbitration Association (AAA). Either party may seek equitable relief for IP or confidentiality breaches.

If a farm is permanently depopulated, Customer may request transfer of the associated license to another farm, subject to approval by Service Provider.

11. General Provisions

If any part of these Terms is found unenforceable, the rest remains in effect. These Terms, along with your Subscription Agreement and Privacy Policy, constitute the entire agreement between you and AgriNerds regarding the Service.