Last updated: January 1, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you (the individual or entity that registers for or uses the CropKern platform) and CropKern, Inc. ("CropKern," "we," "us," or "our"), a corporation registered in the State of Iowa with its principal place of business at 6200 Park Ave, Des Moines, IA 50321. By creating an account, accessing, or using any portion of the CropKern platform accessible at cropkernx.com or through our mobile applications or API, you agree to be bound by these Terms.
If you are accessing or using the CropKern platform on behalf of a company, farm operation, cooperative, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" refers to both the individual and the entity. If you do not have such authority, or if you do not agree to these Terms, do not access or use the CropKern platform. CropKern may update these Terms from time to time, and your continued use of the platform after any update constitutes acceptance of the revised Terms.
CropKern provides a precision agriculture software platform that integrates multispectral satellite imagery, in-field soil sensor telemetry, and weather data to deliver crop yield forecasts, irrigation scheduling recommendations, and canopy stress alerts for row-crop agricultural operations. The platform includes a web application accessible at cropkernx.com, iOS and Android mobile applications for field data entry and alert management, a REST API for programmatic access to forecast data and irrigation schedule outputs, and integration capabilities for connecting with compatible irrigation control systems including center pivot controllers and valve automation hardware.
CropKern does not guarantee any specific agricultural outcome from the use of our platform. Yield forecasts, irrigation recommendations, and stress alerts are decision-support tools based on probabilistic models and are subject to the accuracy limitations described in our platform documentation and in the Disclaimer section of these Terms. Agricultural management decisions remain the responsibility of the agronomist or farm operator using the platform.
To use CropKern, you must register for an account by providing accurate and complete information including your name, email address, farm or organization name, and physical address. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify CropKern immediately at team@cropkernx.com if you become aware of any unauthorized access to or use of your account.
You must be at least 18 years of age to register for and use CropKern. By registering, you represent and warrant that you are at least 18 years old. CropKern reserves the right to refuse registration or to suspend or terminate accounts at its discretion, including for failure to comply with these Terms, provision of false or misleading registration information, or suspected fraudulent activity.
Your account may include multiple user seats depending on your subscription tier. Account administrators may add and remove user seats up to the limit specified in their subscription plan. Each individual user must register with their own credentials. Sharing login credentials among multiple individuals is prohibited.
CropKern offers subscription plans as described on our pricing page at cropkernx.com/price.html. Subscription fees are stated in United States Dollars (USD) and are charged on a monthly or annual basis depending on your selected plan. By subscribing, you authorize CropKern to charge your designated payment method on a recurring basis at the subscription interval you select.
Monthly subscriptions renew automatically on the same day each calendar month. Annual subscriptions renew automatically on the anniversary of your subscription start date. CropKern will provide notice of any price changes at least 30 days before they take effect for existing subscribers. Your subscription will continue at the then-current rate unless you cancel or downgrade before the renewal date. Charges for subscription fees are non-refundable except as specified in Section 4.3 below.
If payment cannot be collected from your designated payment method on the scheduled billing date, CropKern will attempt to collect payment for up to 7 additional calendar days. If payment remains uncollected after this grace period, your account will be suspended. Suspended accounts retain read-only access to historical data but cannot generate new forecasts, receive sensor data, or access scheduling recommendations. Access will be restored within 24 hours of successful payment. If an account remains suspended for more than 60 days, CropKern may terminate the account and schedule data deletion according to the retention policy described in our Privacy Policy.
CropKern does not offer refunds for partial subscription periods. If you cancel a monthly subscription, you will retain access through the end of the current billing period, after which access will terminate. If you cancel an annual subscription within 14 days of the initial purchase date and have not processed any satellite imagery or generated any yield forecasts, you may request a full refund by contacting team@cropkernx.com. Refund requests outside this window are evaluated on a case-by-case basis and are not guaranteed.
CropKern may offer a free trial period for new accounts. Unless otherwise stated, free trial access is limited to a single farm operation, up to 5 parcels, and one growing season of historical data processing. At the conclusion of the free trial, continued access requires activation of a paid subscription. CropKern reserves the right to modify or discontinue free trial availability at any time without notice.
The CropKern platform, including its software, algorithms, yield forecasting models, user interface design, documentation, and all content generated by CropKern (excluding content you provide), is owned by CropKern, Inc. and its licensors and is protected by copyright, patent, trade secret, and other intellectual property laws. You receive a limited, non-exclusive, non-transferable, revocable license to access and use the CropKern platform for your internal agricultural management purposes during your subscription term. This license does not include the right to modify, distribute, publicly display, create derivative works from, or commercially exploit any CropKern-owned content or software.
You retain full ownership of all data you upload to or create in CropKern, including parcel boundary files, yield maps, sensor configurations, scouting notes, and management records ("Customer Data"). By uploading Customer Data to CropKern, you grant CropKern a limited license to store, process, display, and analyze your Customer Data solely for the purpose of delivering the CropKern service to you and for the aggregated research purposes described in our Privacy Policy. This license terminates when you delete your account or request data deletion, subject to our retention obligations.
CropKern will not share, sell, or license your identifiable Customer Data to third parties without your consent, except as required by law or as necessary to deliver the service (for example, sharing parcel boundary coordinates with satellite data providers to retrieve imagery). The derived products CropKern generates from your Customer Data - yield forecasts, irrigation schedules, stress alerts, and spectral analysis - are provided to you as outputs of the service and are owned jointly between you and CropKern for use as described in these Terms.
If you submit feedback, suggestions, or ideas about the CropKern platform, you grant CropKern an irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation to you. CropKern is not required to implement any suggestion and is not obligated to treat feedback as confidential.
You agree to use the CropKern platform only for lawful purposes and in accordance with these Terms. You agree not to: (a) use the platform to violate any applicable law, regulation, or right of any third party; (b) access or attempt to access any other user's account or data without authorization; (c) use automated tools, bots, crawlers, or scrapers to access the platform or extract data beyond your own Customer Data; (d) attempt to reverse engineer, decompile, or disassemble any part of the CropKern software; (e) transmit malicious code, viruses, or other harmful software through the platform; (f) interfere with or disrupt the operation of the platform, its servers, or connected networks; (g) use the API in ways that exceed rate limits or otherwise place unreasonable load on the infrastructure; (h) resell or sublicense access to the CropKern platform without prior written authorization from CropKern; or (i) use the platform or any derived outputs for competitive intelligence purposes directed at CropKern.
CropKern provides REST API access as part of certain subscription tiers. API access is subject to rate limits published in the API documentation. Exceeding rate limits may result in temporary API access suspension without notice. CropKern may modify API rate limits, endpoint specifications, or authentication requirements with 30 days' advance notice posted in the developer documentation. CropKern is not responsible for failures in third-party systems caused by changes to the API. You are responsible for updating your API integrations to comply with current API specifications.
THE CROPKERN PLATFORM AND ALL SERVICES, CONTENT, FORECASTS, RECOMMENDATIONS, AND OUTPUTS PROVIDED THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. CROPKERN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CROPKERN DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS. CROPKERN DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY YIELD FORECAST, IRRIGATION RECOMMENDATION, OR STRESS ALERT. AGRICULTURAL OUTCOMES DEPEND ON FACTORS OUTSIDE CROPKERN'S CONTROL INCLUDING WEATHER, PEST PRESSURE, MARKET CONDITIONS, AND EQUIPMENT PERFORMANCE. CROPKERN IS A DECISION-SUPPORT TOOL AND DOES NOT REPLACE THE JUDGMENT OF A LICENSED AGRONOMIST OR EXPERIENCED FARM OPERATOR.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CROPKERN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE CROPKERN PLATFORM, INCLUDING BUT NOT LIMITED TO CROP LOSSES, YIELD SHORTFALLS, IRRIGATION EQUIPMENT DAMAGE, DATA LOSS, LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR ANY OTHER AGRICULTURAL OR COMMERCIAL LOSSES, EVEN IF CROPKERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CROPKERN'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE CROPKERN PLATFORM EXCEED THE GREATER OF (A) THE TOTAL SUBSCRIPTION FEES YOU PAID TO CROPKERN IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; IN SUCH JURISDICTIONS, CROPKERN'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless CropKern and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the CropKern platform in violation of these Terms; (b) your violation of any applicable law or regulation; (c) any Customer Data you upload that infringes on the intellectual property rights or privacy rights of a third party; or (d) any agricultural management decisions you make based on CropKern's outputs that result in harm to a third party.
These Terms remain in effect as long as you maintain an account with CropKern. You may terminate your account at any time by canceling your subscription through your account settings or by contacting team@cropkernx.com. CropKern may terminate or suspend your account immediately and without prior notice if you materially breach these Terms, if your account is used for illegal activity, if you fail to pay subscription fees after the grace period described in Section 4.2, or if CropKern discontinues the service. Upon termination for any reason, your license to use the platform immediately ends. Sections 5.1 (CropKern's IP), 8 (Disclaimer), 9 (Limitation of Liability), 10 (Indemnification), 12 (Governing Law), and 13 (Dispute Resolution) survive termination.
These Terms shall be governed by and construed in accordance with the laws of the State of Iowa, United States, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Polk County, Iowa for resolution of any dispute arising under these Terms. If you are located outside the United States, you may also be entitled to the protection of mandatory provisions of consumer protection laws in your country that cannot be waived by contract.
Before initiating formal legal proceedings, you agree to contact CropKern at team@cropkernx.com to describe the dispute in writing and allow CropKern 30 days to attempt an informal resolution. If the dispute cannot be resolved informally, any dispute arising under or related to these Terms or the CropKern service shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with arbitration conducted in Des Moines, Iowa. The arbitration award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You and CropKern agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any class action or representative proceeding. This class action waiver is a material term of these Terms.
CropKern reserves the right to modify, update, or discontinue any feature or aspect of the CropKern platform at any time. For material changes that reduce functionality included in your subscription plan, CropKern will provide at least 30 days' advance notice. For discontinuation of the entire service, CropKern will provide at least 90 days' advance notice and will offer a pro-rata refund of any prepaid subscription fees for the discontinued period.
Questions about these Terms should be directed to:
CropKern, Inc.
6200 Park Ave
Des Moines, IA 50321
United States
Email: team@cropkernx.com
Phone: +1 (515) 847-3296