Terms of Service

PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE ACCESSING OR USING THE SOILTUNE WEBSITE, APPLICATIONS, COMPUTATIONAL ENGINES, CALCULATORS, OR ANY RELATED SERVICES (COLLECTIVELY, THE "SERVICES"). BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you (whether an individual, commercial agricultural entity, independent agronomist, or organization, referred to herein as "User," "you," or "your") and SoilTune, Inc. ("SoilTune," "we," "us," or "our"). By creating an account, browsing our website, or utilizing any of our agronomic calculators, chemical solvers, or decision-support tools, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the new Terms.

2. Description of Services & Computational Disclaimer

SoilTune provides specialized web-based decision-support tools and computational engines (the "Tools"), including but not limited to:

• Soil pH & Lime Requirement Calculators: Implementing SMP, Adams-Evans, Mehlich, and Base Saturation shift models.
• Precision pH Down Engine: Biological oxidation kinetics ($Q_{10}$ model), ferrous sulfate, and aluminum sulfate dosing matrix algorithms.
• Cation Exchange Capacity (CEC) Engine: Mass-to-charge equivalence, cation summation, and clay mineralogy empirical models.
• Base Saturation & Albrecht / Kinsey Equilibrium Engine: Fractional cation balance, $Ca:Mg$ ratio dynamics, and amendment mass remediation equations.
• Sodic Soil Reclamation & Gypsum Requirement Engine: USDA Handbook 60 double-layer dispersion displacement models.
• Irrigation Hydro-Diagnostics: SAR, CROSS (Rengasamy & Marchuk model), Residual Sodium Carbonate (RSC), and Suarez calcite equilibrium adjustments.
• Hydroponic & Fertigation Conductance Engine: PPM-to-EC conversion using Kohlrausch’s Law of Independent Migration of Ions, Debye-Hückel activity modeling, and Stock Tank A/B incompatibility rules.
• Fertilizer Blend Solver: Multi-nutrient sequential linear elimination algorithms, salt index burn risk assessments, fluid density thermal corrections, and inert filler calculations.

3. User Accounts and Registration

To access certain features, customized enterprise reporting, or saved field profiles, you may be required to register for an account. You agree to provide accurate, current, and complete information during registration and to keep your profile updated. You are solely responsible for safeguarding the credentials associated with your account and for all activities that occur under your account. You agree to notify us immediately at [email protected] of any unauthorized access or security breach. SoilTune shall not be liable for any loss arising from your failure to comply with security obligations.

4. Acceptable Use Policy

You agree to use the Services only for lawful agricultural and educational purposes. Prohibited activities include, but are not limited to:

• Transmitting any viruses, Trojan horses, malware, or destructive code through or to the Services.
• Attempting to gain unauthorized access to our servers, database clusters, user accounts, or connected networks.
• Using automated scrapers, spiders, bots, or data-mining tools to extract proprietary calculation algorithms, empirical coefficients, or core dataset tables without express prior written consent from SoilTune.
• Reverse engineering, decompiling, disassembling, or attempting to derive the source code or underlying logic of any SoilTune engine.
• Submitting false, fabricated, or misleading soil testing data with the intent to manipulate system benchmarks or disrupt service functionality.
• Re-selling, white-labeling, or re-distributing calculated outputs via automated API integrations without an authorized Commercial Enterprise License.

5. Intellectual Property Rights

The Services, including all software code, visual UI elements, database structures, proprietary math logic, empirical weighting coefficients (including $k_{\text{clay}}$ mineralogy multipliers, $Q_{10}$ kinetic parameters, CROSS coefficients, and Kohlrausch limiting ionic conductances), documentation, and design branding, are owned by SoilTune, Inc., its licensors, or content suppliers, and are protected under United States and international copyright, trademark, patent, trade secret, and intellectual property laws.

SoilTune grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Tools for individual agronomic decision support or internal commercial farm management. You may print or export calculation reports generated by the Services solely for internal use or direct client consulting related to your agricultural operations.

6. Disclaimer of Warranties

YOUR USE OF THE SERVICES, INCLUDING ALL CALCULATIONS, ESTIMATES, RECOMMENDATIONS, CONTENT, AND PRODUCTS, IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SOILTUNE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOILTUNE SPECIFICALLY DISCLAIMS ALL LIABILITY FOR CROP DAMAGE, YIELD REDUCTION, PHYTOTOXICITY, SOIL SODIFICATION, SALINIZATION, NUTRIENT LOCKOUT, GROUNDWATER CONTAMINATION, OR FINANCIAL LOSS RESULTING FROM APPLICATION DOSAGES CALCULATED BY OUR TOOLS OR RELIANCE ON SERVICE OUTPUTS.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOILTUNE, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGRONOMIC CONSULTANTS, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, CROP YIELD, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

IN NO EVENT SHALL SOILTUNE'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE TOTAL AMOUNT PAID BY YOU TO SOILTUNE FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED US DOLLARS ($100.00), WHICHEVER IS GREATER.

8. Indemnification

You agree to defend, indemnify, and hold harmless SoilTune, Inc., its parent company, subsidiaries, affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorney's fees) resulting from: (a) your breach of these Terms; (b) your misuse of the Services; (c) physical field applications or fertigation treatments performed based on SoilTune calculations; or (d) your violation of any third-party right, including intellectual property or privacy rights.

9. Third-Party Links and Data Sources

The Services may contain links to external land-grant university extension websites, laboratory database systems, or commercial amendment suppliers. SoilTune does not endorse, control, or assume responsibility for any third-party content, privacy policies, or practices. Your interaction with third-party sites is conducted strictly at your own risk.

10. Termination

We reserve the right to suspend or terminate your account and block access to the Services immediately, without prior notice or liability, for any reason, including breach of these Terms. Sections covering Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law shall survive any termination.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without giving effect to conflict of law principles.

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach thereof shall be resolved through final and binding arbitration in San Francisco, California, administered by JAMS under its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver: YOU AND SOILTUNE 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, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

12. Miscellaneous

Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in full force.

Entire Agreement: These Terms, alongside our Privacy Policy, constitute the entire agreement between you and SoilTune, Inc. regarding the Services, superseding all prior oral or written agreements.

Force Majeure: SoilTune shall not be held liable for failure or delay in performance caused by acts of God, extreme weather events, supply chain disruptions, internet infrastructure outages, or government actions.

13. Contact Information

If you have questions, feedback, or legal inquiries regarding these Terms, please contact our legal department: