Terms of Use

1. Agreement

The website swathmark.com, and the public content, forms, and materials on it, are operated by Swathmark Inc. These terms govern how you may use them.

By accessing or using the website, a person agrees to these terms. A person who does not agree must not use the website.

A person using the website for an organization represents that the person has authority to act for that organization.

2. Website purpose

The website provides information about Swathmark, its product-development program, potential field and research partnerships, and planned computer-vision and treatment-decision capabilities.

Some of what we publish describes where the platform is going rather than what it does today. Website materials may include:

• Product concepts
• Illustrative interfaces
• Simulated outputs
• Planned or in-progress functionality
• Development targets
• Roadmap statements
• Research or validation plans
• Potential future integrations

These materials do not constitute a commitment to deliver a feature, product, integration, result, or schedule.

3. No agronomic, pesticide, equipment-control, or safety advice

The website does not provide agronomic, entomological, crop-management, pesticide, legal, engineering, equipment-control, financial, or safety advice.

Nothing on the website:

• Selects or recommends a pesticide
• Determines a legal application rate
• Authorizes treatment
• Overrides a pesticide label
• Replaces a licensed adviser, applicator, equipment manufacturer, or other qualified professional
• Authorizes operation of agricultural equipment
• Establishes that a Swathmark product is commercially available, validated, safe, or suitable for a particular use

Users and applicators remain responsible for professional judgment, product labels, laws, licensing, worker protection, environmental restrictions, equipment instructions, and site-specific conditions.

4. Permitted use

A person may use the website for lawful informational and business purposes. A person may not:

• Violate law or another person's rights
• Attempt unauthorized access
• Interfere with website operation
• Introduce malware or harmful code
• Probe, scan, or test security without written authorization
• Circumvent rate limits, access controls, or technical restrictions
• Scrape the website at a volume that degrades service
• Misrepresent identity, affiliation, authority, or intent
• Submit false, unlawful, infringing, malicious, confidential, or sensitive material
• Use website content to operate machinery or make an actual treatment decision
• Copy, modify, distribute, or create derivative works from protected website content except as permitted by law or written authorization
• Use Swathmark names, marks, product screens, or materials to imply endorsement or affiliation

5. Inquiries and submissions

A person submitting an inquiry represents that:

• The information is accurate to the person's knowledge
• The person is authorized to provide it
• Providing it does not breach a duty or agreement
• The submission does not contain unlawful, malicious, infringing, regulated, or highly sensitive information

Do not submit confidential farm records, pesticide records, field logs, proprietary research, trade secrets, credentials, financial account information, government identifiers, health information, or field imagery through a public website form.

Submitting an inquiry does not create a partnership, advisory, fiduciary, confidential, employment, agency, customer, vendor, or other relationship. A confidentiality obligation exists only when set out in a written agreement signed by an authorized Swathmark representative.

6. Field-program relationships

Participation in a Swathmark field, research, capture, annotation, model-development, validation, or equipment-integration program requires a separate written agreement. The separate agreement will control:

• Scope
• Responsibilities
• Data rights
• Ownership
• Licenses
• Confidentiality
• Security
• Retention
• Publication
• Payment
• Risk allocation
• Termination
• Survival

Website content and inquiry forms do not grant Swathmark field-data rights and do not grant a partner rights in Swathmark technology.

7. Intellectual property

The website and its content, including text, graphics, product concepts, interface designs, software, code, documentation, logos, names, marks, and other materials, are owned by Swathmark or its licensors and are protected by applicable intellectual-property law.

Swathmark grants a limited, revocable, nonexclusive, nontransferable license to access and use the public website for lawful informational purposes. No other license is granted by implication, estoppel, or otherwise.

8. Feedback

A person may provide ideas, comments, or suggestions about the website or Swathmark products. Unless Swathmark has agreed otherwise in writing, the person grants Swathmark a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use, reproduce, modify, distribute, commercialize, and otherwise exploit the feedback without restriction or compensation.

Do not submit feedback subject to a confidentiality obligation or third-party restriction.

9. Trademarks

Swathmark, the Swathmark logo, and related names and marks are trademarks or claimed marks of Swathmark. Third-party names and marks belong to their respective owners. Reference to a third party does not imply endorsement, affiliation, partnership, or compatibility.

10. Third-party services and links

The website may link to or use third-party services. Swathmark does not control and is not responsible for third-party content, availability, security, privacy, terms, products, or services. Use of a third-party service is governed by that provider's terms and policies.

11. Disclaimer of warranties

To the maximum extent permitted by law, the website and all website content are provided on an as-is and as-available basis. Swathmark disclaims all express, implied, and statutory warranties, including warranties of:

• Accuracy
• Completeness
• Reliability
• Availability
• Security
• Noninfringement
• Merchantability
• Fitness for a particular purpose
• Product performance
• Field outcome
• Equipment compatibility

Swathmark does not warrant that the website will be uninterrupted, error-free, secure, current, or free of harmful components. Some jurisdictions do not allow certain warranty disclaimers, so some provisions may not apply.

12. Limitation of liability

To the maximum extent permitted by law, Swathmark and its directors, officers, employees, contractors, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, business opportunity, crops, yield, treatment material, equipment use, or production.

To the maximum extent permitted by law, Swathmark's aggregate liability arising from or related to the public website will not exceed the greater of: the amount paid by the claimant to use the public website during the twelve months before the event giving rise to the claim, or one hundred US dollars.

These limitations do not apply where prohibited by law.

13. Indemnity

To the extent permitted by law, a person agrees to defend, indemnify, and hold harmless Swathmark and its directors, officers, employees, contractors, affiliates, licensors, and service providers from claims, losses, liabilities, damages, and expenses arising from:

• The person's unlawful use of the website
• The person's breach of these terms
• Material submitted by the person
• The person's violation of another party's rights

14. Suspension and termination

Swathmark may restrict or terminate website access where reasonably necessary to protect the website, users, Swathmark, partners, or third parties, or to address suspected violations of these terms.

Sections that by their nature should survive termination will survive, including intellectual property, feedback, disclaimers, liability limitations, indemnity, and dispute provisions.

15. Governing law and venue

These terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules.

Subject to applicable law, disputes arising from these terms or the public website must be brought in the state or federal courts located in New Castle County, Delaware, and each party consents to their jurisdiction.

16. Changes

Swathmark may update these terms. The updated version will display a new effective date. Continued website use after the updated terms take effect constitutes acceptance to the extent permitted by law.

17. Severability

If a provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in effect.

18. Entire agreement

These terms and the Privacy Policy constitute the agreement governing use of the public website. A separate signed agreement governs a field, research, services, employment, contractor, customer, or other commercial relationship.

19. How to reach us

For questions about these terms, notices, or anything else of a legal nature, write to legal@swathmark.com. For privacy matters, privacy@swathmark.com is the faster route, and security reports should go to security@swathmark.com.

Our postal address is Swathmark Inc., 215 N Payne St STE 69004, Alexandria, VA 22314.