Terms of Use

Agreement to Terms

Welcome to SprayCalc Pro. These Terms of Use ("Terms") govern your access to and use of our website, tools, and services (collectively, the "Services"). By accessing or using SprayCalc Pro, you agree to be bound by these Terms and our Privacy Policy.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

We reserve the right to modify these Terms at any time. Your continued use of the Services after changes are posted constitutes your acceptance of the modified Terms.

1. Eligibility and Account

1.1 Age Requirement: You must be at least 13 years old to use our Services. If you are under 18, you must have permission from a parent or legal guardian.

1.2 Accurate Information: You agree to provide accurate, current, and complete information when using our Services and to update such information as necessary.

1.3 Professional Use: Our calculators are designed for agricultural, horticultural, and landscaping professionals, as well as informed homeowners. Users are responsible for verifying all calculations and following product label instructions.

2. License to Use Services

2.1 Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal or commercial purposes.

2.2 Prohibited Uses: You may not:

• Copy, modify, distribute, sell, or lease any part of our Services
• Reverse engineer or attempt to extract the source code of our calculators
• Use automated systems (bots, scrapers) to access our Services
• Remove or alter any copyright, trademark, or proprietary notices
• Use the Services in any way that could damage, disable, or impair our website
• Attempt to gain unauthorized access to our systems or networks
• Use the Services for any illegal or unauthorized purpose
• Violate any applicable laws or regulations

3. Calculator Tools and Results

3.1 Educational Purpose

Our calculator tools are provided for informational and educational purposes only. Results should be used as estimates and guidelines, not as definitive instructions for chemical application.

3.2 No Professional Advice

SprayCalc Pro does not provide professional agricultural, horticultural, or pest management advice. Calculator results do not constitute professional recommendations. Always consult with licensed professionals and follow product label instructions.

3.3 User Responsibility

You are solely responsible for:

• Verifying all calculations before application
• Reading and following all product label instructions
• Complying with local, state, and federal regulations
• Using appropriate personal protective equipment (PPE)
• Ensuring safe handling and application of chemicals
• Any consequences resulting from use of our calculators

3.4 Product Labels Control

IMPORTANT: Product label instructions always take precedence over calculator results. In case of any conflict between calculator outputs and product labels, follow the product label. The label is the law.

4. Disclaimer of Warranties

4.1 No Guarantee of Accuracy: While we strive to provide accurate calculators, we do not warrant that:

• Calculator results will be accurate, complete, or error-free
• The Services will be uninterrupted, secure, or free from errors
• Any defects will be corrected
• The Services will meet your specific requirements

4.2 Use at Your Own Risk: You use our Services entirely at your own risk. We do not guarantee any specific results from using our calculators.

5. Limitation of Liability

5.1 No Liability for Damages: We are not liable for any damages arising from:

• Use or inability to use our Services
• Errors or inaccuracies in calculator results
• Crop damage, plant injury, or environmental harm
• Personal injury or property damage
• Chemical misapplication or overapplication
• Regulatory violations or fines
• Unauthorized access to or alteration of your data
• Third-party conduct or content

5.2 Maximum Liability: Our total liability to you for all claims arising from or related to the Services shall not exceed $100 USD or the amount you paid to us (if any) in the 12 months preceding the claim, whichever is less.

6. Indemnification

You agree to indemnify, defend, and hold harmless SprayCalc Pro, its owners, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any laws or regulations
• Your violation of any third-party rights
• Any damage or harm resulting from your application of chemicals based on calculator results

7. Intellectual Property Rights

7.1 Ownership: All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, calculator algorithms, and software, are owned by SprayCalc Pro and are protected by copyright, trademark, and other intellectual property laws.

7.2 Trademarks: "SprayCalc Pro" and related logos are trademarks of SprayCalc Pro. You may not use these trademarks without our prior written consent.

7.3 User Content: By submitting content to us (e.g., through contact forms or feedback), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content in connection with operating the Services.

8. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by SprayCalc Pro. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that SprayCalc Pro shall not be liable for any damage or loss caused by your use of any third-party content, goods, or services.

9. Safety and Regulatory Compliance

9.1 Safety First

Users must prioritize safety when handling and applying chemicals:

• Always wear appropriate personal protective equipment (PPE)
• Follow all safety warnings on product labels
• Store and handle chemicals according to label instructions
• Keep chemicals away from children and pets
• Dispose of chemicals and containers properly

9.2 Regulatory Compliance

You are responsible for complying with all applicable laws and regulations, including:

• Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
• State and local pesticide regulations
• Applicator licensing requirements
• Environmental protection laws
• Worker protection standards

9.3 Professional Licensing

Some jurisdictions require professional licensing for pesticide or fertilizer application. It is your responsibility to ensure you have the appropriate licenses and certifications for your activities.

10. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you consent to our collection and use of information as described in the Privacy Policy.

11. Termination

11.1 Our Right to Terminate: We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms.

11.2 Effect of Termination: Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which SprayCalc Pro operates, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the Services shall be resolved through the following process:

1. Informal Resolution: Contact us at [email protected] to attempt to resolve the dispute informally
2. Mediation: If informal resolution fails, the parties agree to mediation before pursuing litigation
3. Arbitration: Any unresolved disputes shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association

12.3 Class Action Waiver

You agree to bring any disputes in your individual capacity only, and not as a plaintiff or class member in any purported class or representative proceeding.

13. General Provisions

13.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and SprayCalc Pro regarding the Services.

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

13.3 No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

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

13.5 Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, natural disasters, or internet service failures.

13.6 Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page and may notify you through the Services or by email.

Your continued use of the Services after the effective date of modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Services.