AgroTrack.io Terms of Service
DSWHOLESALERS LLC DBA AgroTrack.io • Draft legal form

AGROTRACK.IO TERMS OF SERVICE
Effective Date: April 6, 2026
THIS TERMS OF SERVICE AGREEMENT CONTAINS IMPORTANT PROVISIONS, INCLUDING A BINDING ARBITRATION AGREEMENT, A WAIVER OF CLASS ACTION RIGHTS, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, INDEMNIFICATION OBLIGATIONS, RESTRICTIONS ON COMPETITIVE USE, AND OTHER TERMS THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
These Terms of Service, together with any order form, subscription terms, incorporated policies, and any other written terms expressly accepted by the user, constitute a binding legal agreement between DSWHOLESALERS LLC, doing business as AgroTrack.io, together with its affiliates, successors, and assigns (“Company,” “AgroTrack.io,” “we,” “us,” or “our”), and the person or entity creating an account, accessing, browsing, subscribing to, or otherwise using the AgroTrack.io website, mobile application, software, dashboards, application programming interfaces, support services, communications, or related functionality (collectively, the “Platform”) (“User,” “you,” or “your”). By clicking to accept, registering an account, purchasing a subscription, accessing the Platform, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are using the Platform on behalf of a company, farm, pilot operation, contractor, cooperative, or other entity, you represent and warrant that you have full authority to bind that entity, and the term “User” includes both you and that entity.
The Platform is provided as a software-as-a-service tool to assist users in organizing, recording, monitoring, communicating, and managing operational activities. The Platform does not provide legal advice, regulatory advice, pesticide advice, FAA advice, environmental advice, agronomic advice, tax advice, accounting advice, insurance advice, employment advice, or any other professional advice. Any data, logs, alerts, notices, maps, weather displays, records, outputs, templates, reports, or recommendations made available through the Platform are for informational and administrative convenience only. You remain solely responsible for independently verifying all information and for ensuring that your conduct, operations, applications, flights, notices, worker protection steps, customer communications, and business practices comply with all applicable federal, state, and local laws, regulations, ordinances, permits, pesticide labels, registrations, contractual obligations, and insurance requirements.
1. ELIGIBILITY AND ACCOUNT REGISTRATION
You may use the Platform only if you are legally capable of entering into a binding contract and are not prohibited from using the Platform under applicable law. You agree to provide accurate, current, and complete registration information and to keep that information updated. You are responsible for all activity that occurs under your account, whether authorized by you or not, and for maintaining the confidentiality of your account credentials. You must promptly notify Company of any actual or suspected unauthorized access to your account or any other security incident involving the Platform.
2. LICENSE GRANT AND PERMITTED USE
Subject to your full and continuing compliance with this Agreement and payment of all applicable fees, Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform during the applicable subscription term solely for your internal business purposes. Except as expressly stated in this Agreement, no rights are granted to you by license, implication, estoppel, or otherwise.
3. RESTRICTIONS ON USE
You shall not, and shall not permit any third party to, copy, modify, translate, adapt, distribute, publish, display, transmit, frame, mirror, sell, lease, rent, sublicense, assign, outsource, resell, white-label, reverse engineer, decompile, disassemble, scrape, mine, benchmark, probe, test, interfere with, circumvent security around, or otherwise attempt to derive the source code, architecture, data models, workflows, structure, sequence, organization, or underlying ideas of the Platform, except to the limited extent that such restriction is prohibited by non-waivable law. You shall not use the Platform in any unlawful, fraudulent, deceptive, defamatory, harmful, abusive, infringing, or privacy-violating manner. You shall not introduce malware, malicious code, or harmful content into the Platform. You shall not use the Platform to transmit spam or unlawful communications or to violate the rights of any person or entity.
4. NON-CIRCUMVENTION, ANTI-COMPETITION, AND ANTI-REPLICATION
You agree that you will not use the Platform, any non-public aspects of the Platform, or any information, workflows, templates, logic, field structures, routing patterns, records structures, user flows, notifications, or system design learned through the Platform to build, train, validate, support, market, commercialize, or improve a competing or substantially similar product or service. You further agree that you will not circumvent the Company by recreating, replicating, or replacing the Platform, in whole or in part, whether for your own use or for the benefit of any third party. You shall not use Platform knowledge to provide substantially similar services outside the Platform except as expressly authorized in writing by Company. These obligations apply during your use of the Platform and for twenty-four (24) months after the later of termination of your account, expiration of your subscription, or cessation of your access to the Platform.
5. FEES, BILLING, AND PAYMENT
Subscription fees, implementation fees, add-on fees, and any other amounts owed to Company are due as described at the time of purchase, in any order form, or as otherwise communicated by Company. Unless expressly stated otherwise in writing, all fees are non-cancellable and non-refundable. Company may change pricing, packaging, subscription tiers, or feature access prospectively upon notice. You authorize Company and its payment processors to charge all fees, taxes, and other amounts due using your selected payment method. Failure to timely pay may result in suspension or termination of access to the Platform without liability to Company. You are responsible for all applicable taxes, duties, levies, and governmental charges arising from your purchase or use of the Platform, excluding taxes based solely on Company’s net income.
6. USER CONTENT AND DATA
You are solely responsible for all information, records, documents, coordinates, addresses, communications, uploads, job details, field information, customer information, employee or contractor information, and all other content that you submit to, transmit through, or generate through your use of the Platform (“User Content”). You represent and warrant that you have all rights, permissions, and legal authority necessary to provide User Content to Company and to permit Company to process such User Content as contemplated by this Agreement. Company may, but has no obligation to, monitor, review, screen, remove, or disable access to User Content or accounts in its discretion.
As between the parties, and subject to the rights granted to Company in this Agreement, you retain your ownership rights in User Content. You hereby grant Company and its subprocessors a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, analyze, process, modify as technically necessary, and otherwise use User Content to provide, maintain, support, secure, improve, troubleshoot, and enforce the Platform and this Agreement, to comply with law, to prevent fraud or misuse, to create backups, and to generate aggregated and de-identified analytics, reports, metrics, and operational learnings that do not identify you or any natural person.
7. INTELLECTUAL PROPERTY
All right, title, and interest in and to the Platform, including all software, code, interfaces, designs, databases, documentation, workflows, know-how, improvements, updates, derivative works, trademarks, service marks, copyrights, trade secrets, inventions, and all related intellectual property rights, are and shall remain the exclusive property of Company and its licensors. No ownership rights are transferred to you. To the extent you provide feedback, suggestions, enhancement requests, corrections, or recommendations relating to the Platform, you hereby irrevocably assign to Company all right, title, and interest in and to such feedback, and Company may use it without restriction, attribution, or compensation.
8. COMPLIANCE, LEGAL RESPONSIBILITY, AND NO PROFESSIONAL ADVICE
You acknowledge and agree that you are solely responsible for compliance with all laws, rules, regulations, permits, labels, registrations, policies, and contractual obligations applicable to your operations and use of the Platform. Without limitation, this includes laws and requirements relating to pesticide application, aerial application, aviation, privacy, labor, environmental protection, recordkeeping, land use, consumer protection, communications, and worker safety. The Platform does not ensure compliance with any law or regulation and does not replace your independent judgment, legal review, operational oversight, or compliance processes. Reliance on the Platform is entirely at your own risk.
9. THIRD-PARTY SERVICES
The Platform may integrate with or depend upon third-party services, including payment processors, cloud providers, analytics vendors, mapping vendors, communications providers, weather providers, and other tools not controlled by Company. Company is not responsible for the availability, accuracy, content, privacy practices, acts, or omissions of any third-party service. Your use of third-party services is at your own risk and may be subject to separate terms.
10. DISCLAIMER OF WARRANTIES
THE PLATFORM AND ALL RELATED SERVICES, CONTENT, DATA, AND FUNCTIONALITY ARE PROVIDED “AS IS” AND “AS AVAILABLE” TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION, DATA ACCURACY, REGULATORY COMPLIANCE, OR RESULTS TO BE ACHIEVED FROM USE OF THE PLATFORM. COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, CURRENT, COMPLETE, ACCURATE, OR FREE OF MALWARE OR HARMFUL COMPONENTS, OR THAT ANY DATA, ALERT, MAP, COORDINATE, ROUTE, WEATHER LAYER, COMMUNICATION, OR OUTPUT WILL BE CORRECT, DELIVERED, OR FIT FOR YOUR PURPOSES.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, ENHANCED, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, SYSTEM FAILURE, COST OF SUBSTITUTE SERVICES, REPUTATIONAL HARM, REGULATORY ACTION, FINE, PENALTY, CROP LOSS, ENVIRONMENTAL LOSS, PROPERTY DAMAGE, PERSONAL INJURY, OR ECONOMIC LOSS, ARISING OUT OF OR RELATING TO THE PLATFORM, THIS AGREEMENT, OR ANY USE OF OR INABILITY TO USE THE PLATFORM, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS (US $100) OR THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO COMPANY FOR ACCESS TO THE PLATFORM DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Company and its affiliates, officers, members, managers, employees, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, demands, suits, proceedings, investigations, damages, judgments, settlements, liabilities, losses, fines, penalties, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or related to your or your personnel’s use or misuse of the Platform; User Content; violation of this Agreement; violation of law, regulation, permit, label, or third-party rights; negligent, reckless, or wrongful acts or omissions; reliance on Platform outputs; or any dispute between you and any customer, employee, contractor, regulator, landowner, crew member, pilot, applicator, or third party.
13. SUSPENSION AND TERMINATION
Company may suspend, restrict, or terminate your access to the Platform immediately, with or without notice, for any reason or no reason, including nonpayment, suspected fraud, misuse, legal risk, competitive misuse, infringement claims, security concerns, or violation of this Agreement. Upon termination, your right to use the Platform ceases immediately. Sections that by their nature should survive termination shall survive, including provisions relating to ownership, restrictions, payment obligations, disclaimers, limitation of liability, indemnification, dispute resolution, class action waiver, governing law, and all accrued rights and remedies.
14. DISPUTE RESOLUTION; BINDING ARBITRATION
Any dispute, claim, or controversy arising out of or relating to this Agreement, the Platform, subscription fees, support, marketing, or any relationship between you and Company that cannot be resolved informally shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association in accordance with its applicable Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, then in effect. The arbitration shall be conducted in New Jersey unless applicable law or AAA rules require otherwise. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, except to the extent a court must determine the enforceability of the class action waiver under applicable law. Notwithstanding the foregoing, Company may seek temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened misuse of the Platform, infringement, misappropriation, unauthorized disclosure, circumvention, competitive use, or other harm for which monetary damages may be inadequate.
15. CLASS ACTION WAIVER; JURY WAIVER
YOU AND COMPANY AGREE THAT ANY ARBITRATION OR OTHER PERMITTED PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, MASS, OR PRIVATE ATTORNEY GENERAL ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO SEEK RELIEF ON BEHALF OF OTHERS TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AND COMPANY ALSO KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL TO THE EXTENT PERMITTED BY LAW.
16. GOVERNING LAW; VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey and applicable federal law, without regard to conflict of laws principles, except where preempted by the Federal Arbitration Act. Subject to the arbitration provision above, the state and federal courts located in New Jersey shall have exclusive jurisdiction over any matter permitted to be brought in court, and you consent to personal jurisdiction and venue in those courts.
17. CHANGES TO THE PLATFORM AND AGREEMENT
Company may modify, update, suspend, restrict, discontinue, or remove any aspect of the Platform at any time, with or without notice. Company may also revise this Agreement from time to time by posting an updated version on the Platform or by otherwise notifying you. Unless a different effective date is stated, revisions take effect when posted. Your continued use of the Platform after the effective date of any revised Agreement constitutes your acceptance of the revised terms. If you do not agree, you must stop using the Platform.
18. ELECTRONIC ACCEPTANCE
By creating an account, clicking “I Agree,” purchasing a subscription, or otherwise using the Platform, you acknowledge and agree that your action constitutes an electronic signature and legally binding consent to this Agreement, and that such electronic acceptance shall have the same force and effect as a handwritten signature.
19. MISCELLANEOUS
If any provision of this Agreement is held unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. Company’s failure to enforce any provision shall not constitute a waiver of future enforcement. This Agreement constitutes the entire agreement between you and Company regarding the Platform and supersedes all prior or contemporaneous understandings, whether oral or written, regarding the subject matter herein, except for any written order form or separate agreement signed by an authorized representative of Company. You may not assign this Agreement without Company’s prior written consent, and any purported assignment in violation of this sentence is void. Company may assign this Agreement without restriction in connection with a merger, acquisition, financing, reorganization, asset sale, or similar transaction.
Contact for legal notices and privacy requests:
DSWHOLESALERS LLC DBA AgroTrack.io
Mailing Address: 22 Woodhurst Drive, Voorhees, NJ 08043
Email: info@nationaldroneworks.com
Phone: 856-685-4188