Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the FieldMarshal service provided by FieldMarshal ("we," "us," or "our"). By using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of Service

FieldMarshal is an AI-powered decision-support tool for herbicide planning. The Service extracts information from herbicide product labels using automated processes and presents that information for review by qualified professionals. Outputs do not constitute professional agronomic, legal, or scientific advice and do not replace the official EPA-registered product label, which remains the sole legal authority for herbicide use.

3. Eligibility

You must be at least 18 years old to use the Service.

4. User Accounts

You are responsible for maintaining the security of your account and for all activity under it.

5. Acceptable Use

You may not:

  1. Use the Service in any manner that violates applicable law.
  2. Scrape, redistribute, or commercially exploit data obtained through the Service.
  3. Rely on the Service as a sole decision source without reading the actual product label.
  4. Access the Service through automated means without permission.
  5. Interfere with or disrupt the Service.

6. Service Disclaimers

Information provided by the Service is generated through automated AI extraction from herbicide product labels. This process has known limitations, including but not limited to:

  1. Extraction errors: AI may misread, omit, or misinterpret label content.
  2. Stale data: label registrations, approved states, and application rates may have changed since extraction.
  3. Incomplete coverage: not all registered products or label amendments may be included in our database.
  4. AI hallucination: the system may generate plausible but incorrect information not present in the source label.

We maintain documented extraction and data-update procedures, but we do not warrant that label data in the Service is complete, current, or error-free. You are responsible for exercising your own professional judgment and verifying all critical details against the actual product label before making any herbicide application decisions.

7. Disclaimer of Warranties

EXCEPT FOR THE EXPRESS STATEMENTS IN SECTION 6, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF OR DAMAGE TO CROPS, LOSS OF PROFITS, LOSS OF DATA, OR COST OF SUBSTITUTE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE FEES YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

The limitations in this section do not apply to: (a) either party's indemnification obligations under Section 9; (b) your payment obligations under Section 12; (c) your infringement or misuse of our intellectual property; or (d) claims arising from a data breach to the extent required by applicable law.

9. Indemnification

You agree to indemnify and defend FieldMarshal from any third-party claims arising from your use of the Service or your violation of these Terms.

10. Intellectual Property

We retain all rights in the Service. You retain rights to your conversation content.

11. Data and Privacy

Our Privacy Policy describes how we collect, use, and protect your information. Please review it.

12. Payment Terms

12.1 Prepaid Credits

You may purchase prepaid usage credits ("Credits") in minimum increments of $5.00. Credits are non-refundable and do not expire. Credits are applied automatically to usage charges as they accrue.

12.2 Subscription Plans

We offer monthly and annual subscription plans. By subscribing, you authorize us to charge your payment method at the then-current rate at the start of each billing period. Subscription fees are charged in advance and are non-refundable for the current billing period.

12.3 Auto-Renewal

12.4 Price Changes

We may change subscription pricing with at least 30 days' email notice before your next renewal date. If you do not cancel before the renewal date, you accept the new pricing. Price changes do not affect credits already purchased.

12.5 Auto-Reload

If you enable auto-reload, we will automatically purchase Credits using your payment method on file when your balance falls below your chosen threshold. You may disable auto-reload at any time from your account settings. Each auto-reload transaction will appear as a separate charge on your payment method.

12.6 Upgrades and Downgrades

You may upgrade your subscription at any time. Upgrades take effect immediately, and you will be charged a prorated amount for the remainder of your current billing period. Downgrades take effect at the end of your current billing period.

12.7 Payment Processing

Payments are processed by Stripe, Inc. on our behalf. We do not store credit card numbers or payment credentials on our servers. For details on how your data is handled, see our Privacy Policy.

13. Cancellation and Termination

13.1 Cancellation by You

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to subscription features until the end of the paid period. No partial refunds are issued for unused time within a billing period.

13.2 Reactivation

If you cancel, you may reactivate your subscription before the end of the current billing period at no additional charge.

13.3 Effect of Cancellation

After cancellation takes effect, your account reverts to pay-as-you-go usage with prepaid Credits. Any remaining Credits in your account remain available.

13.4 Termination by Us

We may suspend or terminate your account for violation of these Terms, non-payment, or abuse of the Service. We will provide reasonable notice where practicable.

14. Billing Disputes

14.1 Contact Us First

If you believe a charge is incorrect, contact us via our contact page within 60 days of the charge. We will investigate and respond within 5 business days.

14.2 Refund Policy

Subscription fees are non-refundable for the current billing period. Prepaid Credits are non-refundable. In cases of verified billing errors or extended service outages, we may issue a credit to your account or a refund to your original payment method, at our discretion.

14.3 Chargebacks

Filing a chargeback or payment dispute with your bank or card issuer without first contacting us may result in suspension of your account pending resolution. We reserve the right to recover costs associated with fraudulent or abusive chargebacks, including dispute fees assessed by our payment processor.

14.4 Right to Dispute

Nothing in these Terms limits your legal right to dispute a charge with your card issuer or bank.

15. Governing Law

These Terms are governed by the laws of the State of North Carolina.

16. Dispute Resolution

16.1 Informal Resolution

Before initiating formal proceedings, both parties agree to attempt in good faith to resolve any dispute by contacting each other directly. If the dispute is not resolved within thirty (30) days, either party may proceed to mediation.

16.2 Mediation

If informal resolution fails, the parties agree to submit the dispute to nonbinding mediation before a mutually agreed mediator. Mediation costs shall be shared equally. If the dispute is not resolved within sixty (60) days of the mediation request, either party may proceed to arbitration.

16.3 Binding Arbitration

Any dispute not resolved through mediation shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in Orange County, North Carolina, or at the election of the consumer, remotely by videoconference. The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

16.4 Injunctive Relief

Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.

16.5 Class Action Waiver

All disputes must be brought in the parties' individual capacities, and not as a plaintiff or class member in any class, consolidated, or representative proceeding.

17. Survival

The following sections survive expiration or termination of these Terms: Section 6 (Service Disclaimers), Section 7 (Disclaimer of Warranties), Section 8 (Limitation of Liability), Section 9 (Indemnification), Section 10 (Intellectual Property), Section 11 (Data and Privacy), Section 14 (Billing Disputes), Section 15 (Governing Law), Section 16 (Dispute Resolution), Section 18 (Changes to Terms), and any provision that by its nature must survive to fulfill its essential purpose.

18. Changes to Terms

We may update these Terms from time to time. For material changes (including changes to dispute resolution, liability, or warranty terms), we will notify you by email at least thirty (30) days before the updated Terms apply. For subscription accounts, material changes apply at the start of your next renewal period unless you affirmatively accept them earlier. If you do not agree, you may cancel before that renewal; the then-current Terms govern through the end of your paid period, and no further charges will apply. For pay-as-you-go or free accounts, material changes apply after the 30-day notice period unless you stop using the Service before then.

Non-material changes (such as corrections, clarifications, or formatting) may be made by posting the updated Terms with a new effective date.

19. Entire Agreement

These Terms set forth the entire agreement between you and FieldMarshal with respect to the Service and supersede all prior communications, representations, and agreements, whether oral or written. Neither party has relied upon any such prior communications.

20. Contact Information

If you have questions about these Terms or the Service, please reach out via our contact page.