Preamble
This Platform Use Agreement and Limitation of Liability ("Agreement") is entered into between Farmer First Agronomy LLC, an Ohio limited liability company ("F1A," "we," "us," or "our"), and the undersigned user ("Grower," "you," or "your") as a condition of accessing and using the F1A digital agronomy platform ("Platform"). By signing below, you acknowledge that you have read, understood, and agree to be legally bound by all terms of this Agreement.
1. Nature of the Platform — Advisory Tool Only
The F1A Platform is provided exclusively as an informational and organizational tool designed to assist agricultural producers in managing field data, agronomic records, spray applications, tank mix calculations, planting records, harvest data, soil fertility information, scouting observations, yield analysis, compliance documentation, H2Ohio program records, and all other agricultural activities. THE PLATFORM DOES NOT CONSTITUTE PROFESSIONAL AGRONOMIC, LEGAL, FINANCIAL, OR REGULATORY ADVICE. All information, calculations, recommendations, records, and outputs generated by the Platform are advisory in nature only and shall not be construed as a substitute for independent professional judgment.
2. Limitation of Liability — Calculations and Data
FARMER FIRST AGRONOMY LLC EXPRESSLY DISCLAIMS ALL LIABILITY, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY, ARISING FROM OR RELATED TO: (a) any calculations generated by the Platform, including but not limited to spray rates, tank mix volumes, product quantities, acres calculations, gallons-per-acre determinations, yield estimates, fertility recommendations, or any other numerical outputs; (b) any errors, omissions, or inaccuracies in records maintained through the Platform, including spray records, planting records, harvest records, compliance records, load tickets, or any other field activity documentation; (c) any reliance by the Grower or any third party on data, records, or outputs produced by the Platform; or (d) any malfunction, error, interruption, or failure of the Platform or its underlying technology, whether foreseeable or unforeseeable.
3. Grower Responsibility — Verification of All Data
THE GROWER EXPRESSLY ASSUMES FULL AND SOLE RESPONSIBILITY FOR: (a) independently verifying all calculations produced by the Platform against current product labels, university extension recommendations, and applicable regulatory requirements prior to any field application; (b) confirming the accuracy of all data entered into the Platform, including field boundaries, acreage, product rates, application dates, and operator information; (c) ensuring that all pesticide applications comply with the current registered product label, which constitutes a legal document under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); (d) verifying all Re-Entry Intervals (REI) and Pre-Harvest Intervals (PHI) directly from current product labels before permitting field re-entry or harvest; and (e) maintaining independent backup records of all field activities in accordance with applicable state and federal regulations.
4. Spray Applications — Special Provisions
With respect to pesticide and herbicide applications specifically, the Grower acknowledges that: (a) the Platform's tank mix calculator, rate calculator, and product library are reference tools only; (b) the Grower is solely responsible for confirming that all application rates, timings, and methods comply with the current registered product label; (c) F1A bears no responsibility for crop damage, environmental contamination, regulatory violations, or personal injury resulting from any application made based on Platform data; and (d) the Grower shall indemnify and hold harmless F1A from any claims, damages, fines, or penalties arising from any application made by or on behalf of the Grower.
5. Planting, Harvest & All Other Field Activities
The Platform may be used to track planting populations, seed varieties, planting dates, harvest yields, moisture levels, and all other field activity data. F1A makes no warranty regarding the accuracy of any agronomic data, yield projections, or recommendations. All planting, harvest, and field management decisions remain exclusively within the Grower's judgment and discretion. F1A is not liable for crop losses, reduced yields, or economic damages related to decisions informed by Platform data.
6. H2Ohio & Regulatory Compliance Records
The Platform includes tools designed to assist with H2Ohio program documentation and compliance record-keeping. F1A does not warrant that records produced by the Platform satisfy all requirements of any governmental program, agency, or regulation. The Grower is solely responsible for ensuring all regulatory submissions are accurate, complete, and timely. F1A shall not be liable for program disqualification, fines, or penalties resulting from incomplete or inaccurate Platform records.
7. Data Accuracy & Grower-Entered Information
The Platform operates on data entered by the Grower and F1A staff. F1A expressly disclaims all liability for outputs, calculations, or records derived from inaccurate, incomplete, or erroneous data entered by any user. The Grower acknowledges that the quality of Platform outputs is entirely dependent on the accuracy of data inputs and that F1A has no independent means of verifying Grower-provided information.
8. No Warranty
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. F1A DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS. THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE IS WITH THE GROWER.
9. Maximum Liability Cap
To the maximum extent permitted by applicable law, F1A's total cumulative liability for any and all claims shall not exceed the total fees paid by the Grower to F1A in the twelve (12) months preceding the claim.
10. Governing Law & Crop Year
This Agreement is governed by the laws of the State of Ohio. It applies to the 2026 crop year and must be re-executed for each subsequent crop year or upon material modification of its terms.
