Terms of Service

IMPORTANT NOTICE — ARBITRATION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER

THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, YOU AND ForgetfulFarmer, Inc. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION. PLEASE READ SECTION 16 CAREFULLY.

1. Agreement to Terms

These Terms of Service (the “Terms”) govern your access to and use of the ForgetfulFarmer websites, applications, dashboards, APIs, connected-device interfaces, and related services (collectively, the “Service”). The Service is provided by ForgetfulFarmer, Inc. (“we,” “us,” “our”).

By accessing or using the Service, you agree to these Terms and our Privacy Policy and Cookie Policy. If you do not agree, do not use the Service.

2. Business vs. Consumer Use; Authority

If you use the Service on behalf of a company, organization, or other entity (“Organization”), you represent and warrant that you have authority to bind that Organization to these Terms. In that case, “you” and “your” refer to the Organization and to you individually as applicable.

The Service is designed primarily for commercial and operational use. If you are a consumer using the Service for personal, non-commercial purposes, certain provisions may be limited by applicable law; nothing in these Terms is intended to waive non-waivable consumer rights.

3. The Service

The Service may include (without limitation): telemetry ingestion; dashboards; tank level and sensor status visualization; threshold-based alerts; forecasting; audit logs; equipment purchase flows; and tools to assist with refill ordering workflows.

We may modify, suspend, or discontinue any part of the Service at any time, including adding or removing features, changing limits, or changing availability.

4. Accounts; Organization Access Controls

You must provide accurate information and keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account or Organization’s accounts. You must promptly notify us of any suspected unauthorized access or security incident.

Organization owners and admins are responsible for user access, permissions, and ensuring all users comply with these Terms.

5. Acceptable Use; Prohibited Conduct

You agree not to, and not to permit others to:

• Use the Service in violation of any applicable law or regulation.
• Reverse engineer, decompile, disassemble, or attempt to discover source code, underlying ideas, or algorithms, except to the extent such restrictions are prohibited by law.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service, networks, devices, or accounts.
• Circumvent security features, rate limits, or access controls, or use the Service to build a competing product.
• Transmit malware or exploit vulnerabilities; conduct penetration testing without our prior written permission.

6. Safety, Compliance, and Operational Responsibility

The Service may relate to operations involving pressurized tanks, nitrogen, chemicals, and other potentially hazardous environments. YOU ARE SOLELY RESPONSIBLE FOR: (A) SAFE STORAGE, HANDLING, TRANSPORT, AND USE OF MATERIALS; (B) COMPLIANCE WITH ALL APPLICABLE LAWS, REGULATIONS, AND INDUSTRY STANDARDS; (C) TRAINING AND SUPERVISION OF YOUR PERSONNEL; AND (D) CONFIRMING ANY DECISIONS YOU MAKE BASED ON INFORMATION FROM THE SERVICE.

The Service is not a substitute for professional judgment, on-site inspections, safety systems, or regulatory compliance programs.

7. Telemetry, Forecasting, Alerts, and No Guarantee

The Service may display or compute information based on sensor readings, connectivity, battery levels, calibration profiles, and other inputs. Telemetry and forecasts may be delayed, incomplete, inaccurate, or unavailable due to hardware issues, calibration errors, installation issues, signal interference, power loss, network outages, third-party failures, or other factors.

Alerts and notifications are provided as a convenience and may not be delivered or received in time (or at all). YOU ACKNOWLEDGE THAT YOU SHOULD NOT RELY ON THE SERVICE AS YOUR SOLE MEANS OF MONITORING OR MAKING SAFETY-CRITICAL OR TIME-SENSITIVE DECISIONS.

8. Ordering and Third-Party Suppliers; Payments

The Service may provide tools to assist with ordering, requesting refills, or coordinating deliveries with third-party suppliers. Any purchase, delivery, refill, or supplier engagement is between you and the applicable supplier or payment provider. We do not guarantee supplier availability, pricing, delivery times, or fulfillment, and we are not responsible for third-party goods or services.

Where the Service redirects you to a third-party checkout or payment link (e.g., Stripe), the third party’s terms and privacy policies apply to that transaction.

9. Fees, Billing, Taxes, and Refunds

Certain features may require payment, including subscriptions, usage-based fees, or one-time purchases (e.g., equipment). If you purchase a paid offering, you agree to pay all fees and taxes applicable to your plan or purchase.

• Third-party processing: Payments may be processed by third parties. We do not store full payment card details.
• Refunds: Fees are non-refundable except as required by law or as explicitly stated in writing by us.

10. Customer Data; Feedback

You may provide data to the Service including tank names, locations, supplier information, and configuration settings (“Customer Data”). As between you and us, you retain ownership of Customer Data. You grant us a non-exclusive, worldwide license to host, reproduce, process, transmit, and display Customer Data solely to provide, secure, and improve the Service and as described in our Privacy Policy.

If you provide feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.

11. Intellectual Property; License

The Service is owned by ForgetfulFarmer, Inc. or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal purposes.

12. Termination; Suspension

We may suspend or terminate your access to the Service at any time if we believe you have violated these Terms, if your use creates security risk, if required by law, or to protect our systems, users, or third parties.

13. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DATA, FORECASTS, ALERTS, OR RECOMMENDATIONS WILL BE ACCURATE, COMPLETE, OR TIMELY.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORGETFULFARMER, INC. AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNTS PAID BY YOU (IF ANY) TO ForgetfulFarmer, Inc. FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER.

15. Indemnification

You agree to defend, indemnify, and hold harmless ForgetfulFarmer, Inc. and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your access to or use of the Service; (b) Customer Data; (c) your violation of these Terms or applicable law; or (d) your operations involving tanks, sensors, chemicals, deliveries, or suppliers.

16. Dispute Resolution; Arbitration Agreement; Class Action Waiver

16.1 Informal Resolution

Before initiating arbitration or any legal proceeding, you agree to first send a written notice of dispute (“Notice”) to ForgetfulFarmer, Inc. at [Notice Address] and by email to legal@forgetfulfarmer.com. The Notice must include: your name, contact information, a description of the dispute, and the relief sought. We will attempt to resolve the dispute informally within 60 days.

16.2 Agreement to Arbitrate

Except as expressly excluded below, you and ForgetfulFarmer, Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Dispute”) will be resolved by binding, individual arbitration administered by the American Arbitration Association (“AAA”), rather than in court.

Rules: If you are an individual using the Service primarily for personal, family, or household purposes, the AAA Consumer Arbitration Rules will apply. Otherwise, the AAA Commercial Arbitration Rules will apply.

16.3 Seat and Procedure

The seat of arbitration and the hearing location will be New York, New York (or another mutually agreed location). The arbitrator may conduct proceedings by video, telephone, or written submissions when appropriate.

16.4 Delegation

The arbitrator (not a court) will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

16.5 Exceptions

Notwithstanding the foregoing, either party may: (a) bring an individual action in small claims court if the claim qualifies and remains in small claims; and (b) seek injunctive or equitable relief in a court of competent jurisdiction for actual or threatened infringement or misappropriation of intellectual property rights or breach of confidentiality or security obligations.

16.6 CLASS ACTION WAIVER

YOU AND ForgetfulFarmer, Inc. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and ForgetfulFarmer, Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

16.7 Opt-Out

You may opt out of this arbitration agreement by sending a written notice within 30 days of first accepting these Terms. The opt-out notice must include your name, email, Organization (if any), and a clear statement that you wish to opt out of arbitration, and must be sent to [Notice Address] and legal@forgetfulfarmer.com.

16.8 Jury Trial Waiver

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND ForgetfulFarmer, Inc. WAIVE ANY RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Governing Law

These Terms and any Dispute will be governed by the laws of the State of New York, without regard to conflict of law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement above.

18. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms and update the “Last updated” date. Your continued use of the Service after changes become effective constitutes acceptance.

19. Contact

Legal notices should be sent to [Notice Address] and legal@forgetfulfarmer.com. For general support, use our contact page or email support@forgetfulfarmer.com.