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HydroPing

The Plant Implant.

Terms of Service

Effective Date: March 22, 2026  |  Last Updated: March 22, 2026  |  Version 1.0

HydroPing Inc.  |  www.hydroping.com  |  support@hydroping.com

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HYDROPING Inc. BY ACTIVATING A HYDROPING DEVICE, REGISTERING AN ACCOUNT, ACCESSING THE WEBSITE, OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY.

1. Acceptance of Terms and Agreement Formation

These Terms of Service ("Agreement") govern the relationship between HydroPing Inc., a limited liability company ("HydroPing," "we," "us," or "our"), and any individual, entity, or organization ("User," "you," or "your") that accesses, activates, purchases, or otherwise uses any component of the HydroPing Platform, including the HydroPing biosensor implant hardware ("Device"), the HydroPing AI engine and cloud services ("HydroPing AI"), the HydroPing website and e-commerce storefront ("Website"), and the HydroPing mobile application ("App").

By taking any of the following actions, you represent that you have read, understood, and irrevocably agree to be bound by this Agreement and all documents incorporated herein by reference:

  • Completing account registration on the Website or App
  • Activating or pairing a HydroPing Device with a HydroPing account
  • Placing an order through the HydroPing e-commerce storefront
  • Downloading or launching the HydroPing App
  • Accessing any authenticated feature of the HydroPing Platform
  • Clicking "I Agree" or a similar affirmative assent prompt

If you are entering into this Agreement on behalf of an organization, company, or commercial entity, you represent and warrant that you have the authority to bind that entity to this Agreement, and the terms "you" and "your" shall refer to that entity. Users under the age of 18 may not enter into this Agreement independently.

1.1 Modifications to the Agreement

HydroPing reserves the right to modify, supplement, or replace any provision of this Agreement at any time. Material modifications will be communicated via in-App notification and email to your registered address at least 14 days prior to their effective date. Your continued use of the Platform following the effective date of any modification constitutes your binding acceptance of the revised Agreement. If you do not accept a material modification, your sole remedy is to cease use of the Platform and terminate your account in accordance with Section 18.

2. Description of the HydroPing Platform

HydroPing provides an end-to-end intelligent plant care ecosystem designed for residential plant owners, serious horticulturalists, commercial greenhouse operators, and large-scale agricultural enterprises. The Platform comprises the following integrated components:

2.1 The HydroPing Biosensor Implant (Device)

The Device is a precision in-soil hardware instrument engineered to monitor and transmit a comprehensive set of plant and environmental vitals including, without limitation: volumetric soil moisture content; soil electrical conductivity (EC); soil pH; ambient and soil temperature; atmospheric humidity; photosynthetically active radiation (PAR); light intensity and spectrum; CO₂ concentration; stem electrical impedance; leaf surface temperature; root zone dielectric properties; and all other botanical or environmental parameters supported by the current Device firmware. The Device transmits sensor data to the HydroPing cloud backend via Wi-Fi, Bluetooth, or other wireless protocols as supported by the Device model.

For Device models equipped with integrated actuation capabilities (e.g., micro-irrigation valves, nutrient dosing pumps), the Device may also execute automated physical actions in response to AI-generated instructions or user-configured triggers.

2.2 HydroPing AI Engine

The HydroPing AI is a cloud-hosted machine learning and inference platform that ingests Device telemetry to produce: species-specific and environment-adjusted watering schedules; predictive anomaly alerts for plant stress, disease, and suboptimal conditions; longitudinal health trend analysis; automated irrigation scheduling and actuation commands; and multi-plant facility optimization reports for commercial deployments. AI outputs constitute advisory recommendations and do not constitute professional horticultural, agronomic, or scientific advice.

2.3 Website and E-Commerce

The HydroPing Website provides: product information and Device purchasing; subscription plan management; account creation and settings; agronomic dashboards and analytics; educational plant care resources; and customer support interfaces.

2.4 Mobile Application

The HydroPing App (iOS and Android) provides: real-time Device telemetry visualization; push notification delivery for plant care alerts; remote irrigation actuation controls; multi-Device and multi-facility management; AI recommendation review and acknowledgment; and account and subscription management.

3. Account Registration and Security

3.1 Account Requirements

To access most features of the Platform, you must create a HydroPing account. You agree to: (i) provide accurate, current, and complete information during registration; (ii) maintain and promptly update your account information to ensure accuracy; (iii) maintain the confidentiality of your account credentials; (iv) notify HydroPing immediately at support@hydroping.com upon learning of any unauthorized access to or use of your account; and (v) be solely responsible for all activity that occurs under your account.

3.2 Commercial and Enterprise Accounts

Commercial operators registering for multi-Device or enterprise deployments must designate one or more administrative users ("Account Administrators"). Account Administrators are responsible for managing sub-user access, configuring data-sharing permissions, and ensuring all sub-users within their organization comply with this Agreement. HydroPing is not liable for actions taken by sub-users under a commercial account.

3.3 Account Security Obligations

You are responsible for all activity conducted through your account. You agree not to: share your credentials with unauthorized third parties; use automated credential stuffing or brute-force techniques; attempt to access other users' accounts; or circumvent authentication mechanisms. HydroPing employs multi-factor authentication (MFA) and strongly recommends its use for all accounts.

4. Device Purchase, Activation, and Hardware Terms

4.1 Purchase and Ownership

Upon completion of a valid purchase transaction through the HydroPing Website or authorized distributor, title to the physical Device hardware transfers to you upon delivery. HydroPing retains all intellectual property rights in the Device firmware, embedded software, and any proprietary sensing algorithms.

4.2 Device Activation and Pairing

Devices must be activated through a valid HydroPing account to access cloud services. Activation constitutes your agreement to these Terms and the Privacy Policy with respect to Device telemetry data. Each Device is identified by a unique serial number and hardware identifier, and may only be associated with one active account at a time. Transfer of a Device to a new owner requires deactivation and re-registration.

4.3 Firmware Updates

HydroPing may deploy firmware updates to Devices automatically or upon user initiation. Such updates may add features, fix security vulnerabilities, or alter Device behavior. HydroPing is not liable for service interruptions during firmware update processes. You may not disable automatic security firmware updates. Non-security feature updates may be deferred for up to 30 days through the App settings.

4.4 Hardware Warranty

HydroPing warrants the Device against defects in materials and workmanship for a period of twelve (12) months from the date of original retail purchase ("Warranty Period"). This warranty is non-transferable and applies only to the original purchaser.

This warranty does not cover: (i) damage caused by accident, misuse, mishandling, or unauthorized modification; (ii) damage caused by operating the Device outside the environmental parameters specified in the Device documentation; (iii) consumable components such as batteries (where applicable); (iv) cosmetic damage; or (v) damage caused by installation in soil conditions containing corrosive chemicals beyond standard agricultural tolerances.

To obtain warranty service, contact support@hydroping.com with proof of purchase and a description of the defect. HydroPing will, at its sole discretion, repair or replace the defective Device or issue a refund. THIS WARRANTY IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYDROPING DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

4.5 Prohibited Device Modifications

You agree not to: disassemble, reverse engineer, or attempt to extract the firmware or embedded algorithms from the Device; modify the Device hardware in any way that could affect sensor accuracy or safety; use the Device in a manner not authorized by HydroPing documentation; or attempt to pair a Device with unauthorized third-party cloud platforms in a way that bypasses HydroPing security protocols.

5. Subscriptions and Billing

5.1 Subscription Tiers

Access to HydroPing AI features, cloud data storage, and advanced analytics is contingent upon an active subscription. HydroPing offers tiered subscription plans including, without limitation: a Free Tier with basic monitoring capabilities for limited Device counts; a Residential Pro Tier for home users; a Grower Tier for serious horticulturalists and small commercial operations; and an Enterprise Tier for large-scale commercial deployments with multi-facility management, API access, SLA guarantees, and dedicated support. Current pricing and feature comparisons are published at www.hydroping.com and are subject to change.

5.2 Billing Cycle and Auto-Renewal

Paid subscriptions are billed on either a monthly or annual basis as selected at checkout. Subscriptions automatically renew at the end of each billing period unless cancelled at least 48 hours before the renewal date. Annual subscriptions are billed in full at the start of each annual period and are not pro-rated for mid-period cancellation except as described in Section 5.5.

5.3 Price Changes

HydroPing may adjust subscription pricing upon 30 days' prior written notice to your registered email address. Continued use of a paid subscription following the price change effective date constitutes acceptance of the new pricing.

5.4 Payment Processing

All transactions are processed by a PCI-DSS Level 1 certified third-party payment processor. HydroPing does not store full payment card numbers on its servers. By providing payment information, you authorize HydroPing to charge the applicable subscription fees and any applicable taxes to your designated payment method on a recurring basis. You are responsible for ensuring your payment method remains valid and up to date. Failed payments may result in service suspension.

5.5 Refunds and Cancellation

  • Monthly subscriptions: May be cancelled at any time; no refunds are provided for the current billing period upon cancellation.
  • Annual subscriptions: Eligible for a pro-rated refund within 30 days of the annual renewal date if cancelled in writing to support@hydroping.com; no refunds are provided after 30 days.
  • Device hardware: Eligible for refund within 30 days of delivery if the Device is returned in original condition.
  • Defective Devices: Handled under the hardware warranty per Section 4.4.

5.6 Taxes

Subscription fees are exclusive of applicable sales, use, VAT, GST, or other taxes. HydroPing will charge applicable taxes where required by law. You are responsible for all taxes applicable to your purchase in your jurisdiction. Commercial accounts claiming tax exemption must provide valid exemption documentation prior to purchase.

5.7 Enterprise Pricing and SLAs

Enterprise Tier customers are subject to a separate Enterprise Service Agreement (ESA) that supplements this Agreement and governs: custom pricing and volume discounts; service level agreements (SLAs) for AI uptime and telemetry ingestion latency; dedicated API rate limits; data residency requirements; and support response time commitments. In the event of conflict between an executed ESA and this Agreement, the ESA shall control with respect to Enterprise Tier services.

6. Acceptable Use Policy

You agree to use the Platform exclusively for lawful purposes and in accordance with this Agreement.

6.1 Prohibited Conduct

The following uses are expressly prohibited:

  • Using the Platform to monitor, survey, or collect data on individuals without their consent
  • Attempting to gain unauthorized access to any component of the Platform, other user accounts, or HydroPing's internal systems
  • Using automated scripts, bots, or scrapers to access the Website or API in a manner that exceeds authorized rate limits or disrupts service for other users
  • Introducing malware, ransomware, viruses, or any malicious code into the Platform or Device firmware
  • Circumventing, disabling, or interfering with security, authentication, or access control mechanisms
  • Using the Platform to transmit spam, phishing content, or unauthorized commercial communications
  • Misrepresenting your identity, affiliation, or authorization level in connection with the Platform
  • Using the Platform in any manner that violates applicable local, state, national, or international law, including laws governing agricultural data, export controls, and environmental regulations
  • Attempting to reverse-engineer, decompile, or disassemble any component of the HydroPing AI engine or Device firmware
  • Reselling, sublicensing, or redistributing access to the Platform without HydroPing's express written consent

6.2 Commercial-Specific Restrictions

Commercial operators using the Platform to manage agricultural operations agree not to: use AI-generated data to make unilateral crop management decisions that circumvent applicable agricultural safety regulations; integrate HydroPing API outputs into food safety certification processes without independent validation; or represent HydroPing AI outputs as a substitute for licensed agronomic or scientific consultation.

6.3 Enforcement

HydroPing reserves the right to suspend or terminate access to the Platform, without prior notice and without liability, for any violation of this Section or any other provision of this Agreement. HydroPing may report suspected unlawful conduct to relevant authorities.

7. Intellectual Property Rights

7.1 HydroPing Intellectual Property

The Platform and all its components, including the Device firmware, HydroPing AI models and algorithms, Website content, App source code, user interface designs, trademarks, logos, trade names, trade dress, patents, copyrights, and all other intellectual property embodied in or associated with the Platform, are owned exclusively by HydroPing Inc. or its licensors and are protected by applicable intellectual property laws. Nothing in this Agreement transfers any ownership interest in HydroPing intellectual property to you.

7.2 License Grant to Users

Subject to your compliance with this Agreement and payment of applicable fees, HydroPing grants you a limited, non-exclusive, non-transferable, revocable license to: (i) use the App on your personal devices; (ii) access the Website for authorized purposes; (iii) interface with the HydroPing AI via authorized channels; and (iv) operate the Device in accordance with the accompanying documentation. This license does not permit sublicensing, commercial redistribution, or any use beyond the scope expressly stated herein.

7.3 User Content License

You retain ownership of any User Content (plant notes, custom profiles, uploaded images, or other original content) you submit to the Platform. By submitting User Content, you grant HydroPing a worldwide, royalty-free, sublicensable license to use, store, reproduce, and display such content solely to the extent necessary to provide Platform services to you. HydroPing does not claim ownership of your User Content.

7.4 Agronomic Data License

Device telemetry, sensor readings, and AI inference outputs generated through your use of the Platform are owned jointly by you (as the operator) and HydroPing (as the system generating derivative outputs). You grant HydroPing a perpetual, royalty-free license to use de-identified and aggregated forms of such data for AI model improvement, research, and product development in accordance with the Privacy Policy. HydroPing does not share identified facility-level data with third parties except as described in the Privacy Policy.

7.5 Feedback

Any feedback, suggestions, or ideas you provide to HydroPing regarding the Platform may be used by HydroPing without restriction, attribution, or compensation. You waive any claims that such use of feedback infringes any intellectual property rights you may hold therein.

7.6 DMCA and Intellectual Property Infringement

HydroPing respects intellectual property rights and expects users to do the same. If you believe content on the Platform infringes your copyright, submit a DMCA takedown notice to support@hydroping.com including: a description of the copyrighted work; identification of the infringing material; your contact information; and a statement of good faith belief that the use is not authorized. HydroPing will respond in accordance with the Digital Millennium Copyright Act.

8. AI Services, Data Accuracy, and Advisory Limitations

HydroPing AI outputs are machine-generated recommendations based on sensor data and statistical models. They do not constitute professional horticultural, agronomic, scientific, or agricultural advice. HydroPing does not warrant the accuracy, completeness, or fitness for any particular purpose of AI-generated recommendations.

8.1 Nature of AI Recommendations

The HydroPing AI engine generates care recommendations derived from sensor telemetry, species databases, environmental models, and machine learning algorithms. These recommendations are advisory in nature. Final decisions regarding plant care, irrigation scheduling, nutrient application, and facility management remain your sole responsibility. HydroPing strongly recommends that commercial operators validate AI recommendations against the judgment of qualified agronomists or horticultural professionals before implementing automated actions at scale.

8.2 Sensor Accuracy Limitations

Device sensor readings are subject to inherent measurement tolerances as specified in Device documentation. Environmental factors including extreme soil compositions, electromagnetic interference, physical damage to sensor elements, and uncorrected calibration drift may affect reading accuracy. HydroPing recommends periodic Device recalibration and cross-referencing with independent measurement instruments for critical applications.

8.3 Automated Actuation Disclaimer

For Device models with integrated actuation capabilities, automated actions (e.g., irrigation activation) are executed based on AI model outputs. HydroPing is not liable for: overwatering or underwatering resulting from automated actuation in conditions outside the AI model's training parameters; mechanical failures in connected irrigation infrastructure not manufactured by HydroPing; or losses resulting from misconfigurations of actuation thresholds by the user.

8.4 AI Model Limitations

The HydroPing AI is continuously improved but may not accurately model all plant species, soil types, or environmental conditions, particularly for rare or exotic cultivars, novel growing media, or unusual geographic microclimates. HydroPing makes no warranty that AI outputs will be accurate for any specific plant or environment.

9. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYDROPING EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, HydroPing does not warrant that: (i) the Platform will meet your specific requirements or expectations; (ii) the Platform will be uninterrupted, timely, secure, or error-free; (iii) the results obtained from use of the Platform will be accurate, reliable, or suitable for any specific agricultural or horticultural application; (iv) any errors in the Platform will be corrected; (v) Device sensor readings will achieve any particular level of accuracy in all environmental conditions; or (vi) AI-generated recommendations will prevent plant loss, crop failure, or commercial agricultural losses.

Some jurisdictions do not permit the disclaimer of certain warranties. To the extent such laws apply to you, some of the above exclusions may not apply, and you may have additional rights.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HYDROPING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, GOODWILL, CROP YIELD, PLANT STOCK, OR AGRICULTURAL PRODUCTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF HYDROPING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.1 Aggregate Liability Cap

To the maximum extent permitted by law, HydroPing's total aggregate liability to you for all claims arising out of or relating to this Agreement or the Platform shall not exceed the greater of: (i) the total fees paid by you to HydroPing in the twelve (12) months immediately preceding the event giving rise to the claim; or (ii) one hundred U.S. dollars (USD $100.00).

10.2 Commercial Loss Limitations

HydroPing specifically disclaims liability for agricultural or commercial losses including: crop failure or reduced yield attributed to inaccurate AI recommendations; plant death or stress resulting from Device malfunction or sensor miscalibration; losses arising from irrigation actuation failures; or losses resulting from Platform outages affecting commercial growing operations. Commercial operators are strongly advised to maintain independent failsafe systems for critical growing environments.

10.3 Jurisdictional Limitations

Some jurisdictions do not permit the exclusion or limitation of liability for certain damages. In such jurisdictions, HydroPing's liability shall be limited to the greatest extent permitted by applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless HydroPing Inc., its members, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and legal fees arising out of or relating to:

  • Your violation of any provision of this Agreement
  • Your use of the Platform in a manner not authorized by this Agreement or applicable law
  • Your infringement of any third-party intellectual property, privacy, or other rights
  • Any misrepresentation made by you in connection with your use of the Platform
  • Your failure to comply with applicable agricultural, environmental, food safety, or other regulatory requirements in connection with your use of the Platform
  • Any third-party claim arising from automated irrigation or actuation actions triggered by your configured Device settings

HydroPing reserves the right to assume exclusive control of the defense of any matter subject to indemnification, at your expense. You agree to cooperate with HydroPing's defense of such claims.

12. Third-Party Services and Integrations

The Platform may integrate with or link to third-party services, platforms, devices, or APIs (e.g., smart home platforms, agricultural management software, ERP systems, weather APIs). HydroPing does not control, endorse, or assume responsibility for the accuracy, legality, privacy practices, or availability of third-party services. Your use of any third-party integration is subject to that party's terms and privacy policies. HydroPing is not liable for any losses or damages arising from third-party integrations, even if facilitated through the HydroPing API.

13. API Access and Developer Terms

13.1 API License

Subject to the terms of this Agreement and an applicable Enterprise or API access tier subscription, HydroPing grants eligible users access to the HydroPing API for the purpose of integrating HydroPing Device telemetry and AI outputs into authorized third-party systems. API access is subject to rate limits, authentication requirements, and usage policies published in the HydroPing API documentation.

13.2 API Use Restrictions

You may not: (i) use the API to build a competing product or service; (ii) exceed documented rate limits or attempt to circumvent them; (iii) cache or redistribute raw API responses in a manner that creates a derivative database independent of HydroPing; (iv) use the API to extract HydroPing AI model parameters, weights, or architecture; or (v) use the API in applications that could cause physical harm to persons or property through unsupervised automated actuation.

13.3 API Availability

HydroPing does not warrant uninterrupted API availability. Scheduled maintenance and unplanned outages may affect API uptime. Enterprise SLAs for API availability are governed by the applicable Enterprise Service Agreement.

14. Privacy and Data Protection

Your use of the Platform is subject to HydroPing's Privacy Policy, which is incorporated into this Agreement by reference and is available at www.hydroping.com/privacy. By using the Platform, you consent to HydroPing's collection, processing, storage, and use of your data as described in the Privacy Policy. In the event of conflict between this Agreement and the Privacy Policy on matters of data protection, the Privacy Policy shall control.

For commercial operators acting as data controllers with respect to employee or third-party data processed through the Platform, you are responsible for ensuring an appropriate legal basis for that processing and for providing required notices to data subjects.

15. Service Availability and Maintenance

15.1 Availability

HydroPing will use commercially reasonable efforts to maintain Platform availability. However, HydroPing does not guarantee any specific uptime percentage for non-Enterprise subscription tiers. The Platform may be temporarily unavailable due to scheduled maintenance, unplanned outages, third-party service failures, or force majeure events.

15.2 Scheduled Maintenance

HydroPing will provide at least 24 hours' advance notice for scheduled maintenance windows expected to affect Platform availability, communicated via in-App notification and the HydroPing status page at status.hydroping.com.

15.3 Service Modifications

HydroPing reserves the right to modify, suspend, or discontinue any feature or component of the Platform at any time. HydroPing will provide reasonable advance notice of material feature deprecations. Discontinuation of the entire Platform will be communicated with at least 90 days' notice, and your agronomic data will be made available for export during that period.

16. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.

16.1 Informal Resolution

Before initiating formal dispute resolution proceedings, you agree to contact HydroPing at support@hydroping.com describing your complaint in reasonable detail and providing HydroPing 30 days to attempt to resolve the dispute informally.

16.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to this Agreement or the Platform shall be resolved by binding arbitration administered by JAMS under its then-current Streamlined Arbitration Rules, except where prohibited by applicable law. The arbitration shall be conducted in English in Los Angeles, California, or via remote hearing at the mutual agreement of the parties.

16.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HYDROPING 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.

The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

16.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Claims subject to small claims court jurisdiction in your jurisdiction may be brought in such courts.

16.5 Governing Law

This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles, except where preempted by applicable federal law.

17. Force Majeure

HydroPing shall not be liable for any delay or failure to perform its obligations under this Agreement to the extent such delay or failure results from causes beyond HydroPing's reasonable control, including but not limited to: acts of God; natural disasters; war; terrorism; civil unrest; pandemic or epidemic; governmental action; cyberattacks or distributed denial-of-service attacks; failure of third-party telecommunications or cloud infrastructure; or supply chain disruptions affecting Device availability. HydroPing will use commercially reasonable efforts to minimize the impact of force majeure events and restore Platform functionality as promptly as practicable.

18. Term and Termination

18.1 Term

This Agreement commences on the date you first accept it and continues until terminated by either party as described herein.

18.2 Termination by You

You may terminate this Agreement at any time by: (i) cancelling your subscription through your account settings; (ii) deactivating all Devices associated with your account; and (iii) submitting an account deletion request at www.hydroping.com/account/delete or by email to support@hydroping.com. Account deletion initiates a 30-day grace period during which you may export your data, after which all account data is deleted in accordance with the Privacy Policy.

18.3 Termination by HydroPing

HydroPing may suspend or terminate your account and access to the Platform, with or without notice and without liability, upon: (i) your material breach of this Agreement; (ii) non-payment of applicable fees; (iii) your engagement in conduct HydroPing reasonably determines to be harmful to the Platform, other users, or third parties; or (iv) HydroPing's discontinuation of the Platform or a material component thereof.

18.4 Effect of Termination

Upon termination: (i) your license to use the Platform terminates immediately; (ii) all outstanding fees become immediately due; (iii) HydroPing will provide you a 30-day data export period unless termination was for cause; and (iv) Sections 7, 9, 10, 11, 16, 18.4, and 19 shall survive termination and continue in full force and effect.

19. General Provisions

19.1 Entire Agreement

This Agreement, together with the Privacy Policy, any Enterprise Service Agreement, and any other documents incorporated by reference herein, constitutes the entire agreement between you and HydroPing with respect to the Platform and supersedes all prior negotiations, representations, warranties, and understandings.

19.2 Severability

If any provision of this Agreement is found to be unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining provisions shall continue in full force and effect.

19.3 Waiver

HydroPing's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in any future instance.

19.4 Assignment

You may not assign or transfer any of your rights or obligations under this Agreement without HydroPing's prior written consent. HydroPing may freely assign its rights and obligations under this Agreement in connection with a merger, acquisition, or sale of assets. This Agreement binds and inures to the benefit of the parties and their permitted successors and assigns.

19.5 Notices

HydroPing will provide notices to you via your registered email address or in-App notification. You may provide notices to HydroPing at support@hydroping.com. Notices are effective upon confirmed delivery.

19.6 Export Controls

You agree to comply with all applicable U.S. and international export control laws and regulations in connection with your use of the Platform, including the U.S. Export Administration Regulations (EAR) and the Office of Foreign Assets Control (OFAC) sanctions programs. You represent that you are not located in, organized under the laws of, or a national or resident of any country subject to U.S. embargo or comprehensive sanctions.

19.7 Compliance with Agricultural Regulations

Commercial operators using the Platform in connection with agricultural production for human consumption are solely responsible for ensuring their use of HydroPing AI outputs complies with all applicable food safety, pesticide application, water usage, and agricultural regulatory requirements in their jurisdiction. HydroPing AI recommendations do not substitute for regulatory compliance obligations.

19.8 Headings

Section headings are for convenience only and shall not affect the interpretation of this Agreement.

19.9 Language

This Agreement is executed in the English language. Translations may be provided for convenience, but the English version shall control in the event of any conflict or inconsistency.

20. Contact Information

For questions, legal notices, or concerns regarding this Agreement, contact HydroPing at:

support@hydroping.com