Terms of Service

    Last updated: February 2026

    Acceptance of Terms

    By accessing or using any innov8.ag service, website, mobile application, or hardware product (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are accepting these Terms on behalf of an organization, you represent that you have the authority to bind that organization. If you do not agree to these Terms, do not use the Services.

    Definitions

    • "Company," "we," "us," or "our" refers to Innov8 Ag Solutions Inc. (d/b/a innov8.ag), a Washington State corporation.
    • "You" or "your" refers to the individual or organization accessing the Services.
    • "Services" means all innov8.ag software, mobile apps, web dashboards, cloud services, APIs, hardware, and support provided under your subscription.
    • "Your Data" means harvest records, labor data, crop metrics, equipment readings, and other operational information you create or upload using the Services.
    • "Subscription" means your paid access to the Services as defined in your order or bundle selection.

    What Your Subscription Includes

    Your Subscription provides access to agricultural data services based on your selected bundle:

    • Software Access: Mobile apps, web dashboards, and reporting tools for the products in your bundle (FairPick, FairTrak, MobileClock, etc.)
    • Hardware (where applicable): NTEP-certified scales, tablets, printers, and field devices as specified in your order
    • Cloud Services: Data storage, syncing, and backup for Your Data
    • Support: Training, onboarding assistance, and ongoing technical support
    • Updates: Software updates and new features during your Subscription term

    License Grant

    Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal agricultural operations during your Subscription term. You may not: (a) sublicense, resell, or redistribute the Services; (b) reverse-engineer, decompile, or disassemble the software; (c) use the Services to build a competing product; (d) share login credentials beyond authorized users in your organization; or (e) use automated tools to scrape or access the Services.

    Intellectual Property

    All rights, title, and interest in the Services — including software, algorithms, models, analytics, user interfaces, documentation, trademarks (innov8.ag, FairPick, FairTrak, MobileClock, 2nd Sight), and all related intellectual property — remain exclusively with the Company. Nothing in these Terms transfers any IP rights to you except the limited license granted above. If you provide feedback, suggestions, or improvement ideas, you grant us an unrestricted, royalty-free, perpetual license to use them without obligation to you.

    Your Responsibilities

    To get the most from our Services, you agree to:

    • Accurate Information: Provide accurate account and billing information.
    • Authorized Use: Use the Services only for your own agricultural operations. Do not permit unauthorized third parties to access your account.
    • Equipment Care: Maintain and operate hardware according to provided guidelines.
    • Account Security: Keep login credentials secure and notify us promptly of any unauthorized access.
    • Legal Compliance: You are solely responsible for compliance with all applicable labor laws, wage requirements, agricultural regulations, and tax obligations. The Services provide data tools, not legal, tax, or regulatory advice.
    • Proper Operation: For NTEP-certified equipment, follow calibration and operation procedures to maintain legal-for-trade accuracy.
    • Prohibited Conduct: You may not use the Services for any unlawful purpose, to transmit harmful code, to interfere with system integrity, or to harass or harm others.

    NTEP Certification & Compliance

    FairPick includes an NTEP-certified scale system (Certificate of Conformance 17-087A1) that meets NIST Handbook 44 requirements for legal-for-trade weighing when used as designed.

    Important: NTEP certification applies to the device and software system. Jurisdiction-specific compliance requirements may apply in your state or locality. You are responsible for:

    • Proper installation and calibration according to our guidelines
    • Regular maintenance and any required inspections
    • Understanding and meeting local weights and measures requirements
    • Operating the system according to documented procedures

    Data Ownership & License-Back

    You own Your Data. All harvest records, labor data, and operational information you create using the Services belongs to you. You grant us a limited license to host, process, display, transmit, and back up Your Data solely to provide the Services and as otherwise described in our Privacy Policy. We provide tools to export Your Data in standard formats. See our Data Governance page for details on how we protect and manage Your Data.

    Subscription & Payment Terms

    • Billing: Subscriptions are billed according to your selected plan (monthly, seasonal, or annual). All prices are in US Dollars unless otherwise stated.
    • Renewal: Subscriptions auto-renew unless cancelled before the renewal date. We will send a renewal reminder at least 14 days before your renewal date.
    • Cancellation: You may cancel anytime; access continues through the end of your paid period.
    • Refunds: Hardware purchases are subject to our 30-day return policy (hardware must be in original condition; shipping costs are the customer's responsibility). Software subscriptions are non-refundable after the first 30 days.
    • Price Changes: We may change pricing with at least 30 days' notice before your next renewal period. Price changes do not apply to the current billing period.
    • Taxes: You are responsible for all applicable taxes (sales tax, VAT, GST) associated with your purchase, except taxes based on our income.
    • Late Payment: If payment fails, we will notify you and provide a 15-day grace period. After that, we may suspend access until payment is received.

    WARRANTY DISCLAIMER

    What We Warrant:

    • Software will perform substantially as described in our published documentation during your Subscription term.
    • Hardware will be free from defects in materials and workmanship for the warranty period specified in your order (typically 12 months).
    • We will provide commercially reasonable support and maintenance during your Subscription.

    DISCLAIMER OF WARRANTIES:

    EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS. FIELD CONDITIONS, WEATHER, EQUIPMENT CALIBRATION, AND OPERATOR PRACTICES AFFECT RESULTS.

    No Professional Advice

    The Services provide data tools for agricultural operations. They do not constitute legal, tax, financial, agronomic, or regulatory advice. You should not rely on the Services as a substitute for professional advice regarding: payroll accuracy or labor law compliance (including FLSA, H-2A, or state wage laws); yield forecasting or crop management decisions; weights and measures regulatory compliance; or tax reporting. You are solely responsible for decisions made based on data from the Services.

    LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, CROP LOSSES, LABOR DISPUTES, REGULATORY PENALTIES, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY. THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO: (A) LIABILITY ARISING FROM OUR FRAUD OR WILLFUL MISCONDUCT; (B) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OR (C) ANY LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

    Indemnification

    You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorney fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your labor practices, payroll calculations, or regulatory compliance; or (e) any data you submit through the Services. We will promptly notify you of any such claim and cooperate with your defense.

    Termination

    • By You: You may cancel your Subscription at any time. Access continues through the end of your paid period.
    • By Us for Cause: We may suspend or terminate your access immediately if you breach these Terms, fail to pay fees after the grace period, engage in illegal activity, or use the Services in a way that harms other users or our systems.
    • By Us for Convenience: We may discontinue the Services with at least 90 days' written notice.
    • Effect of Termination: Upon termination, your license to use the Services ends. You may export Your Data for 30 days after termination. After that, we will delete Your Data unless retention is required by law.

    Governing Law & Dispute Resolution

    • These Terms are governed by the laws of the State of Washington, United States, without regard to conflict-of-law principles.
    • Any dispute arising from these Terms or the Services shall first be submitted to good-faith negotiation between the parties for 30 days.
    • If negotiation fails, disputes shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, held in Spokane, Washington. The arbitrator's decision is final and enforceable in any court of competent jurisdiction.

    CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

    Notwithstanding the above, either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

    Force Majeure

    Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, pandemics, acts of government, labor disputes, supply chain disruptions, power outages, telecommunications failures, cyber attacks, or other events that are unforeseeable and unavoidable.

    General Provisions

    • Modification: We may update these Terms by posting the revised version on our website with a new "Last updated" date. Material changes will be communicated via email or a prominent notice on the website at least 30 days before taking effect. Your continued use of the Services after the effective date constitutes acceptance.
    • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
    • Entire Agreement: These Terms, together with our Privacy Policy, Data Governance page, and any order or subscription confirmation, constitute the entire agreement between you and the Company regarding the Services. They supersede all prior agreements, representations, and understandings.
    • Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights to an affiliate or successor in connection with a merger, acquisition, or sale of assets.
    • Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
    • Survival: Sections regarding IP, warranty disclaimer, limitation of liability, indemnification, dispute resolution, and data ownership survive termination of these Terms.
    • Privacy: Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms.

    Contact

    Questions about these terms? Contact us at [email protected] or write to: Innov8 Ag Solutions Inc. (d/b/a innov8.ag), 823 N Crestline St, Spokane, WA 99202, United States.