Terms of Service

1. Acceptance of Terms

By accessing and using SurBlend ("Service"), provided by SurBlend LLC ("Company", "we", "us", or "our"), you accept and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you must not access or use the Service.

2. Description of Service

SurBlend is a comprehensive fertilizer blending and agricultural management system designed for fertilizer dealers and agricultural businesses. The Service provides:

• Custom fertilizer blend optimization and formulation
• Quote generation and customer management
• Inventory tracking and production workflows
• Field mapping and application planning
• Regulatory compliance tracking (RUP licensing, EPA registrations)
• Delivery scheduling and calendar integration

3. User Accounts and Registration

3.1 Account Creation

To use the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password for your account
• Not share your account credentials with any third party
• Immediately notify us of any unauthorized use of your account
• Log out of your account at the end of each session

3.3 Account Types and Roles

The Service provides different user roles with varying levels of access (Admin, Manager, Sales, Plant Operator, Viewer). Your permissions are determined by your assigned role within your organization.

4. Acceptable Use

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service only for conducting legitimate agricultural and fertilizer business operations.

4.2 Prohibited Activities

You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Use the Service to transmit spam, chain letters, or other unsolicited communications
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Reverse engineer, decompile, or disassemble any portion of the Service
• Use automated systems (bots, scrapers) to access the Service without our express written permission

5. Data and Content

5.1 Your Data

You retain all rights to the data you input into the Service ("Your Data"). By using the Service, you grant us a limited license to use Your Data solely for the purpose of providing and improving the Service.

5.2 Data Accuracy

You are solely responsible for the accuracy, quality, and legality of Your Data. The Service provides tools for blend optimization and calculations, but you are responsible for verifying all outputs before use in production or customer delivery.

5.3 Backup and Data Loss

While we implement industry-standard backup procedures, we recommend you maintain your own backup copies of critical data. We are not liable for any loss of data except as provided in Section 8 (Limitation of Liability).

6. Intellectual Property Rights

6.1 Service Ownership

The Service, including its software, algorithms, user interface, and documentation, is owned by SurBlend LLC and is protected by copyright, trademark, and other intellectual property laws.

6.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

6.3 Trademarks

"SurBlend" and associated logos are trademarks of SurBlend LLC. You may not use our trademarks without our prior written permission.

7. Payment Terms

7.1 Fees

Access to the Service may require payment of subscription fees. Current pricing is available upon request or through your account administrator.

7.2 Billing

Subscription fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law or as explicitly stated in your service agreement.

7.3 Late Payment

If payment is not received within 30 days of the due date, we reserve the right to suspend access to the Service until payment is made.

8. Limitation of Liability

8.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2 Agricultural Accuracy

While we strive to provide accurate blend calculations and regulatory compliance information, you are solely responsible for verifying all outputs and ensuring compliance with applicable laws and regulations. We make no warranty regarding the accuracy of blend formulations, chemical calculations, or regulatory data.

8.3 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SURBLEND LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE.

8.4 Maximum Liability

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us for the Service in the twelve (12) months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless SurBlend LLC and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any fertilizer blends or products produced based on calculations from the Service

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us at [email protected]. Upon termination, you will lose access to the Service and Your Data.

10.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Extended period of inactivity

10.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete Your Data in accordance with our data retention policies. Sections that by their nature should survive termination will survive, including but not limited to Sections 6, 8, 9, and 12.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on the Service
• Sending an email notification to your registered email address
• Requiring re-acceptance upon your next login

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law provisions.

12.2 Jurisdiction

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Bulloch County, Georgia, and you consent to personal jurisdiction in such courts.

12.3 Informal Resolution

Before filing a legal claim, you agree to try to resolve the dispute informally by contacting us at [email protected]. We'll try to resolve the dispute informally by contacting you via email.

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SurBlend LLC regarding the Service.

13.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

13.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

13.5 Third-Party Services

The Service may integrate with third-party services (such as Google Calendar, Mapbox). Your use of such services is subject to their respective terms of service and privacy policies.