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    Terms of Service

    1. YOUR AGREEMENT TO THESE TERMS OF SERVICE

    PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the products and services operated by SMART SPRAY TECHNOLOGIES, LLC. (collectively with its affiliates, “Smart Spray” or “We”) consisting of the website available at https://SmartSpray.io, and its network of websites, software applications, hardware products, or any other products or services offered by Smart Spray (the “Services”). Other services offered by Smart Spray may be subject to separate terms.

    Purchasing Smart Spray hardware and software systems constitutes and confirms acceptance of Smart Spray's Disclaimer Policy (17,20) and Safety Disclaimer (20) before using any Smart Spray product.

    When using the Smart Spray Services, you will be subject to Smart Spray’s additional guidelines or rules that are posted on the Smart Spray Services, made available to you, or disclosed to you in connection with specific services and features. Smart Spray may also offer certain paid services, which are subject to additional terms or conditions that are disclosed to you in connection with such services. All such terms and guidelines are incorporated into these Terms of Service by reference.

    TheseTerms of Service govern access to and use of the Smart Spray Services by businesses and their authorised personnel. For purpose of these Terms, “User”, “you” and “your” mean the individual accessing or using the Smart Spray Services on behalf of a business, company, entity, or other organization that has subscribed to or otherwise been approved by Smart Spray Services (the “Subscribing Organisation”). By registering an account, accessing, or using the Smart Spray Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using the Smart Spray Services, you are entering into a legally binding agreement between you and Smart Spray regarding your use of the Smart Spray Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Smart Spray Services.

    If you access or use the Smart Spray Services on behalf of a Subscribing Organization you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on its behalf.

    2. ELIGIBILITY

    The Smart Spray Services are intended solely for business users and are not available for personal, household, or consumer use. Access to the Smart Spray Services is granted only to business that have successfully completed Smart Spray’s business verification, credit approval, and any other onboarding requirement determined by Smart Spray in its sole discretion.

    The Smart Spray Services are also not available to any users previously removed from the Smart Spray Services by Smart Spray or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.

    By downloading, installing, or otherwise using the Smart Spray Services, you represent and warrant that: (a) you are accessing the Smart Spray Services on behalf of a duly organized and validly existing business entity or other authorised organization; (b) you have the authority to bind such entity or organization to these Terms of Service; (c ) all information provided during the onboarding and verification process is accurate, complete, and current; (d) your access to or use of the Smart Spray Services has not been previously suspended or terminated by Smart Spray; and (e) neither you nor the business you represent is prohibited from receiving or using the Smart Spray Services under applicable law. A and that you have not been previously removed from and are not prohibited from receiving the smart spray services.

    3. PRIVACY POLICY

    Your privacy is important to Smart Spray. Please see our Privacy Policy or information relating to how we collect, use, and disclose your personal information.

    4. ACCESS TO OUR PLATFORM AND SERVICES

    a. Account Registration

    Access to the Services requires the creation of an account. SmartSpray will create and provide the User with an owner account using the email address designated by the User. The Subscribing Organization account may further create, manage, and authorize sub-user accounts for the User's employees, contractors, or other authorized personnel. The User is responsible for all activities conducted through the owner account and any sub-user accounts.

    SmartSpray will create the owner account only after the User has successfully completed SmartSpray's registration and verification process. As part of this process, the User must provide: (a) satisfactory documentation demonstrating that it is a legitimate business entity; and (b) valid business payment information, including a business-issued credit card, as requested by SmartSpray.

    b. Access to our Services

    Subject to these Terms and the User's compliance with all applicable payment obligations, SmartSpray grants the User a limited, non-exclusive, non-transferable, and revocable right to access and use the Services during the Subscription Term for its internal business purposes.To access and utilize certain features of the Services, the User must complete the initial account setup, which includes:

    a. connecting at least one compatible SmartSpray hardware device to enable the mapping of jobs and the collection and tracking of spray data;

    b. adding at least one chemical to the User’'s chemical library to enable the tracking of chemicals applied during jobs; c. importing or creating at least one client record to associate jobs with the applicable properties and users. Once the initial setup is complete, authorized Users may, subject to their assigned permissions, use the Services to: a. create and start jobs; b. schedule and manage jobs; c. view application maps and related job data for pending, completed, and other jobs accessible to the Users through the Services. Certain features and functionality may require compatible hardware, internet connectivity, or additional subscriptions and may be modified, enhanced, or discontinued by SmartSpray from time to time. c. Account Security You are solely responsible for maintaining the confidentiality and security of your account, your password and for restricting access to its authorised personnel. . You shall ensure that all account credentials are used only by the Subscribing Organization to access the Smart Spray Services on the user’s behalf. User is responsible for all activities conducted through its account, whether undertaken by its employees, contractors, agents or any other person using User’s account credentials, whether or not such use was authorized by the User. The User represents and warrants that all information provided to Smart Spray upon registration, onboarding, credit verification and at all other times is true, accurate, current, and complete to the best of your knowledge, and agrees to promptly update such information to ensure that it remains accurate and complete.

    Unless expressly permitted in writing by Smart Spray, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. Smart Spray reserves all available legal rights and remedies to prevent unauthorized use of the Smart Spray Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

    b. Third-Party Accounts

    Smart Spray may permit you to register for and log on to the Smart Spray Services via certain third-party services. The third party’s collection, use, and disclosure of your information will be subject to that third-party service’s privacy policy. Further information about how Smart Spray collects, uses, and discloses your personal information when you link your Smart Spray account with your account on any third-party service can be found in our Privacy Policy .

    c. API Access

    Smart Spray provides API access to authorised users, for more detail how we share API access and data please go through our privacy policy.

    5. USE OF DEVICES AND SERVICES

    Access to the Smart Spray Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Smart Spray Services.

    6. MODIFICATION OF THESE TERMS OF SERVICE

    Smart Spray may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Smart Spray Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms. To the extent you have purchased a subscription to the Service, the modified terms will be effective as to such subscription Service upon your next subscription renewal. In this case, if you object to the updated terms, as your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew. In all other cases, any continued use by you of the Site or the Service after the posting of such modified Terms of Service shall be deemed to indicate your irrevocable agreement to such modified Terms of Service. Accordingly, if at any time you do not agree to be subject to any modified Terms of Service, you may no longer use the Site or Service.

    7. LICENSE

    The Smart Spray Services are owned and operated by Smart Spray Technologies LLC. Unless otherwise indicated, all content, information, and other materials on the Smart Spray Services (excluding User Content, set out in Section 8 below), including, without limitation, Smart Spray’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), hardware products, services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Smart Spray or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Smart Spray, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Smart Spray Services for your personal use or internal business use only.

    Smart Spray reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Smart Spray Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Smart Spray Services or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Smart Spray Services, the Materials, or any information contained in them, except as expressly permitted on the Smart Spray Services; (f) accessing data not intended for users of the Site or the Service, or gaining unauthorized access to an account, server or any other computer system; (g) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (h) attempting to interfere with the function of the Site, the Service, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services; or (i) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (j) transmitting, importing, uploading, or incorporating any financial or medical information of any nature, or any sensitive personal information (e.g., Social Security numbers, driver’s license numbers, birth dates, personal bank account numbers, passport or visa numbers, credit card numbers, passwords and security credentials). Violations of the Site’s, the Service’s or Smart Spray’s system or network security may result in civil or criminal liability; (k) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Service or any software, documentation or data related to or provided with the Service (“Software” and "Hardware"); (l) modify, translate, or create derivative works based on the Service or Software; or copy (except for archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service, Hardware, or Software; (m) use or access the Service to build or support, and/or assist a third party in building or supporting, products or services competitive to Smart Spray; (n) remove any proprietary notices or labels from the Service, Hardware, or Software; or (o) otherwise use the Service, Hardware, or Software outside of the scope of the rights expressly granted herein. You agree to use the Service, Hardware, and Software only for your own internal business operations, and not to transfer, distribute, sell, republish, resell, lease, sublease, license, sub-license or assign the Service or use the Service for the operation of a service bureau or timesharing service; or (p) any use of the Smart Spray Services or the Materials except for their intended purposes. Any use of the Smart Spray Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Smart Spray, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. Smart Spray can terminate this license as set out in Section 15.

    8. REFUNDS AND WARRANTY

    a. Smart Spray does not offer refunds. We offer replacement of hardware units if they meet the below conditions:

    i. If a User receives a defective or non-functional piece of equipment, the User must contact Smart Spray immediately to initiate troubleshooting. ii. If troubleshooting does not resolve the issue, Smart Spray will ship a replacement unit to the User at no additional charge. iii. Upon receipt of the replacement unit, the User must mail the defective unit back to Smart Spray. The Smart Spray bears the cost of return shipping for defective units.

    b. The User must notify Smart Spray of any defective unit within two (2) weeks of receipt of the hardware. Claims made after this period will not be accepted.

    c. The warranty period for all Smart Spray hardware units is two (2) weeks from the date of receipt. This warranty covers manufacturing defects and hardware failures that render the unit non-operational upon first use.

    d. Smart Spray shall have no liability for any Hardware unit that is damaged as a result of misuse, abuse, accident, neglect, improper handling, unauthorized modification, improper installation, or any use inconsistent with the applicable documentation or instructions. Any Hardware unit damaged due to the foregoing circumstances shall not be eligible for repair, replacement, or any other remedy from Smart Spray.

    9. CANCELLATION AND TERMINATION BY YOU

    You are solely responsible for properly canceling your User Account. An email or phone request to cancel your User Account is not considered cancellation. You can cancel your Smart Spray account anytime from the My Account page in your contractor dashboard.

    10. PAYMENT AND PRICING TERMS[1.1]

    The Smart Spray Hardware is sold on a one-time upfront payment basis at the price set forth in the applicable Order. Title to the Hardware passes to the User upon payment in full, subject to these Terms of Service and any applicable Order. Access to the Smart Spray Software and cloud-based Services is provided on a subscription basis for an initial term of one (1) year (or such other term specified in the applicable Order) (the "Subscription Term"). The subscription fee is billed in equal monthly installments in advance unless otherwise agreed in writing. Unless either party provides written notice of non-renewal at least thirty (30) days before the expiration of the then-current Subscription Term, the subscription will automatically renew for successive one-year renewal terms, and the User authorizes Smart Spray to charge the applicable monthly subscription fees using the payment method on file, unless otherwise agreed in writing. The User is responsible for maintaining valid and current payment information at all times. If any payment is declined, reversed, or otherwise not received when due, Smart Spray may, upon written notice to the User, suspend or restrict access to the Software and related Services until all outstanding amounts are paid in full. Such suspension shall not relieve the User of its obligation to pay any fees due under these Terms or the applicable Order. The User may elect not to renew its subscription by providing written notice in accordance with this Section. Cancellation or non-renewal of the Software subscription does not entitle the User to a refund of any fees already paid, except where required by applicable law. For questions regarding any refunds related to Smart Spray Hardware, please refer to section 8 of this Term.

    11. COMMUNITY GUIDELINE

    YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Smart Spray Services. You agree that you will comply with these Terms of Service and Smart Spray’s Community Guidelines[2.1] detailed below:

    i. Permitted/Prohibited Use for Physical Products

    a. Permitted Use: The Products are provided solely for the internal business operations of the User's Subscribing Organization in connection with its professional lawn care, pest control, vegetation management, or other authorized commercial spraying services. The Products may be used only for the purposes expressly authorized under these Terms of Service and any applicable Order or subscription. The Products are intended exclusively for business-to-business (B2B) use by approved Subscribing Organizations. Individual consumers may not register for, access, or use the Products independently. The User shall use the Products only in accordance with these Terms of Service, the applicable documentation, manufacturer instructions, written guidelines issued by Smart Spray, and all applicable federal, state, and local laws and regulations. The User shall not use the Products for any unlawful purpose or in any manner that could interfere with, impair, or compromise the security, integrity, performance, or availability of the Products.

    b. Prohibited Use: The Products shall not be used for any purpose not expressly permitted herein, including but not limited to:

    i. Disassembling, Modifying, Reverse engineering, decompiling, or tampering with the Products.

    ii. Reselling, sublicensing, or distributing the Products without prior written consent.

    iii. Using the Products in any manner that violates applicable laws, regulations, or third-party rights.

    iv. Employing the Products in hazardous environments (e.g. open sunlight, submerged in liquids, overheated conditions, etc.) or for high-risk activities where failure could result in injury, death, or significant property damage, unless expressly authorized in writing.

    v. Altering or removing any proprietary notices, trademarks, or labels.

    c. Additional

    Any use of the Products outside the scope of the Permitted Use shall constitute a material breach of this Agreement and may result in immediate termination of rights and remedies available under law.

    ii. transmit, distribute, or store any data, information, software, files or other material that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable or contains malicious code, viruses, worms or harmfu code that are unlawful or used in a manner that interferes with the security, integrity or operation of the Smart Spray Services. l

    iii. impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Smart Spray Services accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Smart Spray Services; or perform any other similar fraudulent activity;

    iv. send junk mail or spam to users of the Smart Spray Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;

    v. harvest or collect email addresses or other contact information of other users from the Smart Spray Services;

    vi. defame, harass, abuse, threaten, or defraud users of the Smart Spray Services, or collect or attempt to collect, personal information about users or third parties without their consent;

    vii. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features or access controls of the Smart Spray Services including the software, hardware, API’s or related systems , (b) any features that enforce limitations or restrictions on the use of the Smart Spray Services or (d) the copyright or other proprietary rights notices on the Smart Spray Services or User Content;

    viii. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Smart Spray Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;

    ix. modify, adapt, translate, or create derivative works based upon the Smart Spray Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

    x. interfere with or damage the operation of the Smart Spray Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

    xi. relay email from a third party’s mail servers without the permission of that third party;

    xii. access any website, server, software application, or other computer resource owned, used, and/or licensed by Smart Spray, including but not limited to the Smart Spray Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Smart Spray may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Smart Spray, including but not limited to the Smart Spray Services;

    xiii. Forge, alter, conceal or otherwise manipulate any account credentials, device identifiers, system identifiers, metadata or other identifying information in order to disguise or manipulate identifiers to evade any security, authentication, monitoring or audit mechanisms by the Smart Spray Services;

    xiv. interfere with or disrupt the Smart Spray Services or servers or networks connected to the Smart Spray Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Smart Spray Services; use the Smart Spray Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Smart Spray Services, or that could damage, disable, overburden, or impair the functioning of the Smart Spray Services in any manner;

    xv. use or attempt to use another user’s account without authorization from that user and Smart Spray;

    xvi. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Smart Spray Services that you are not authorized to access;

    xvii. attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and

    xviii. use the Smart Spray Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.

    13. Trademarks

    Smart Spray, the Smart Spray logos, and any other product or service name, logo, or slogan used by Smart Spray, and the look and feel of the Smart Spray Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Smart Spray, are owned by Smart Spray and are protected by applicable intellectual property laws. Except as expressly permitted under these Terms of Service, no part of the Smart Spray Services may be copied, modified, distributed, reverse engineered, publicly displayed or otherwise exploited without our prior written permission. Any use of these trademarks must be in accordance with all applicable laws.

    All other trademarks referenced in the Smart Spray Services are the property of their respective owners. Reference on the Smart Spray Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

    14. THIRD-PARTY CONTENT

    Smart Spray may provide other third-party content on the Smart Spray Services (collectively, the “Third-Party Content”). Smart Spray does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third-Party Content, update, or monitor it. Therefore, we are not responsible for any Third-Party Content on the Smart Spray Services.

    You are responsible for deciding if you want to access or use third-party websites or applications that link from the Smart Spray Services (the “Reference Sites”). Smart Spray does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Smart Spray Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

    15. IDEA SUBMISSION

    By submitting ideas, suggestions, documents, and/or proposals (the “Submissions”) to Smart Spray or its employees, you acknowledge and agree that Smart Spray shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.

    16. TERMINATION

    To the fullest extent permitted by applicable law, Smart Spray reserves the right, without notice and in our sole discretion, to terminate your license to use the Smart Spray Services (including to post User Content) and to block or prevent your future access to and use of the Smart Spray Services, including where we reasonably consider that: (a) your use of the Smart Spray Services violates these Terms of Service or applicable law; (b) you fraudulently use or misuse the Smart Spray Services; or (c) we are unable to continue providing the Smart Spray Services to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Smart Spray Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Smart Spray in operating the Smart Spray Services, is to terminate your account and to discontinue use of any and all parts of the Smart Spray Services. We will not refund or reimburse you if we terminate your User Account for cause, including but not limited to a violation of these Terms of Service. Once your User Account is terminated, we may permanently delete your User Account and any or all User Content associated with it. If you do not log in to your User Account for 12 or more months, we may treat your User Account as “inactive” and permanently delete the User Account and all the data associated with it in accordance with our Privacy Policy. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms of Service. All sections of this Agreement which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.

    17. DISPUTES

    a. Indemnification

    To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Smart Spray, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Smart Spray Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Smart Spray Services, or your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Smart Spray Parties of any third-party claim, and Smart Spray reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Smart Spray, and you agree to cooperate with Smart Spray’s defense of these claims. Smart Spray will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

    b. No Warranties

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SMART SPRAY SERVICES INCLUDING HARDWARE AND ALL RELATED MATERIAL CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY SMART SPRAY; (B) THE SMART SPRAY PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SMART SPRAY SERVICES, INCLUDING ANY INFORMATION, OR MATERIALS CONTAINED THEREIN; (C) SMART SPRAY DOES NOT WARRANT THAT SUCH OUTPUTS WILL BE ERROR-FREE, COMPLETE, CURRENT, OR AVAILABLE WITHOUT INTERRUPTION. TO THE EXTENT THAT ANY INACCURACY, OMISSION, OR DELAY RESULTS FROM FACTORS BEYOND SMART SPRAY'S REASONABLE CONTROL, INCLUDING GPS SIGNAL QUALITY, NETWORK CONNECTIVITY, HARDWARE CONDITION, SENSOR CALIBRATION, USER INPUTS, ENVIRONMENTAL CONDITIONS, THIRD-PARTY SERVICES, OR OTHER EXTERNAL FACTORS, SMART SPRAY SHALL NOT BE RESPONSIBLE FOR SUCH INACCURACY, OMISSION, OR DELAY. ; (D) SMART SPRAY IS NOT RESPONSIBLE FOR PRODUCTS DAMAGED IN USE, TYPOGRAPHICAL ERRORS, OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE SMART SPRAY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SMART SPRAY SERVICES SAFE, SMART SPRAY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SMART SPRAY SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMART SPRAY OR THROUGH THE SMART SPRAY SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

    c. Limitation of Liability and Damages i. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL SMART SPRAY OR THE SMART SPRAY PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SMART SPRAY SERVICES, OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON SMART SPRAY HARDWARE (SPRAYERS, SENSORS, FLOW METERS, BATTERIES), OR ANY INFORMATION OBTAINED FROM SMART SPRAY, OR THAT RESULT FROM MALFUNCTIONS, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SMART SPRAY’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SMART SPRAY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SMART SPRAY SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SMART SPRAY SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, SMART SPRAY SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

    ii. Reference Sites THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN SMART SPRAY AND RECEIVED THROUGH OR ADVERTISED ON THE SMART SPRAY SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.

    iii. Basis of the Bargain YOU ACKNOWLEDGE AND AGREE THAT SMART SPRAY HAS OFFERED THE SMART SPRAY SERVICES, USER CONTENT, MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SMART SPRAY, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SMART SPRAY. SMART SPRAY WOULD NOT BE ABLE TO PROVIDE THE SMART SPRAY SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

    d.Applicable Law and Venue

    i. To the fullest extent permitted by applicable law, you and Smart Spray agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:

    PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SMART SPRAY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SMART SPRAY.

    You and Smart Spray agree to arbitrate any dispute arising from these Terms of Service or your use of the Smart Spray Services, except that you and Smart Spray are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Smart Spray agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Smart Spray shall be sent to: Smart Spray, LLC., Attn: Legal, 3801 Meadowknolls rd, Marion, IA, 52302. The Parties shall first attempt to resolve the dispute through good-faith negotiations before either party commences arbitration. ; If the dispute cannot be resolved informally, it shall be finally resolved by confidential arbitration administered by JAMS in Linn County, Iowa, before a single arbitrator in accordance with JAMS Comprehensive Arbitration Rules & Procedures then in effect. ; and that the state or federal courts in Linn County, Iowa, have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Iowa and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Smart Spray will not commence a class action, class arbitration, or other representative action or proceeding.

    ii. If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with these Terms of Service will be governed by and construed under the laws of your jurisdiction of residence and shall be resolved by competent civil courts within your jurisdiction of residence.

    e. Claims YOU AND SMART SPRAY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SMART SPRAY SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    18.MISCELLANEOUS

    i. Waiver If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.

    ii. Severability If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

    iii. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Smart Spray without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

    iv. Survival Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11, 12, and 15-17.

    v. Entire Agreement The Terms of Service, which incorporate the Terms of Sale is the entire agreement between you and Smart Spray relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by Smart Spray as set forth in Section 6 above.

    19.REQUESTS FOR INFORMATION AND HOW TO SERVE A SUBPOENA

    All requests for information or documents related to potential, anticipated, or current legal proceedings, investigations, or disputes must be made using the appropriate level of legal process, and must be properly served on Smart Spray at Smart Spray Technologies, LLC., Attn: Legal, 3801 Meadowknolls rd, Marion, IA, 52302.

    Please note that Smart Spray does not accept requests for information or documents, or service of process, via e-mail or fax and will not respond to such requests. All requests must include the information you may have that will help us identify the relevant records (particularly, the Smart Spray Service at issue, e.g., Smart Spray.io, and the username at issue), the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g., a limited time period) will facilitate efficient processing of your request.

    The Smart Spray Services are offered by Smart Spray Technologies, LLC ., and can be reached by email at hello@SmartSpray.io.

    20. Lithium Battery Use Disclaimer

    Lithium-ion batteries are high-risk devices , misuse can cause fire, explosion, injury, or death. Use only with proper precautions, and you assume full responsibility for safe handling. Please see the Disclaimer Policy for Key Safety Warnings, Device Use, Charging, Handling, Disposal, etc.