Last updated: January 1, 2025
These Terms of Service ("Terms") govern your purchase of FarmHQ hardware, your use of the FarmHQ mobile application, your use of the FarmHQ web dashboard, and your subscription to FarmHQ's SaaS monitoring and control platform (collectively, the "Service"). The Service is provided by FarmHQ, Inc. ("FarmHQ," "we," "our," or "us"), located in Portland, OR, USA.
By creating a FarmHQ account, purchasing FarmHQ hardware, or using the FarmHQ platform in any way, you agree to be bound by these Terms. If you are accepting these Terms on behalf of an entity (a farm business, partnership, or corporation), you represent that you have authority to bind that entity, and "you" in these Terms refers to that entity.
If you do not agree to these Terms, do not create an account or use the Service.
"Hardware" means the FarmHQ cellular-connected IoT module, relay board, enclosure, and any accessory sensors (soil moisture probes, pressure transducers, current transformers, temperature sensors) sold by FarmHQ.
"Platform" means the FarmHQ web dashboard, mobile application, API, and backend infrastructure that provides remote monitoring, control, and reporting capabilities for the Hardware.
"Account" means the user account you create to access the Platform, associated with an email address and password.
"Device" means a specific FarmHQ Hardware module registered to your Account, identified by its serial number and cellular IMEI.
"Subscription" means the recurring monthly or annual payment required to maintain Platform access for one or more registered Devices.
"Authorized User" means a person you authorize to access your Account or receive alerts from your registered Devices.
To use the Platform, you must create an Account. You must provide accurate and complete registration information, including a working email address and a valid phone number capable of receiving SMS. You must be 18 years of age or older to create an Account.
You are responsible for maintaining the security of your Account credentials. You must not share your Account password with anyone other than designated Authorized Users who you manage through the Platform's multi-user access features. You must notify FarmHQ immediately at support@farmhq.org if you believe your Account has been compromised. FarmHQ is not liable for losses resulting from unauthorized Account access that results from your failure to maintain credential security.
You may grant other persons access to your Account as Authorized Users. You are responsible for all actions taken by Authorized Users accessing your Account and for ensuring that Authorized Users comply with these Terms. You may revoke Authorized User access at any time through the Account settings.
Hardware is sold subject to the purchase terms in effect at the time of order, including the price, quantity, and any applicable shipping terms. Orders are confirmed by email. FarmHQ reserves the right to cancel orders for products that are incorrectly priced due to typographical error, to limit order quantities, or to refuse orders from accounts that have outstanding payment obligations.
Hardware ships from FarmHQ's warehouse within 3 business days of order confirmation, subject to inventory availability. Title and risk of loss transfer to you when Hardware is tendered to the carrier. FarmHQ uses UPS and FedEx for Hardware shipments. International shipping is not currently available.
FarmHQ warrants that Hardware will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery to the original purchaser. This warranty covers component failures under normal operating conditions. It does not cover damage from: improper installation, exposure to voltages or currents exceeding the Hardware's rated specifications, water ingress resulting from improper enclosure sealing or damage to the IP67 seal, physical damage, rodent damage, lightning strike, or any modification of the Hardware by anyone other than FarmHQ.
To make a warranty claim, contact support@farmhq.org within the warranty period with a description of the defect and your order number. FarmHQ will, at its sole discretion, repair or replace defective Hardware or issue a refund. Repaired or replacement Hardware carries the remaining warranty period of the original Hardware or 90 days, whichever is longer.
Hardware may be returned for a full refund within 30 days of delivery, provided the Hardware is returned in its original packaging in the condition received. To initiate a return, contact support@farmhq.org. You are responsible for return shipping costs unless the return is due to a defect or shipping error by FarmHQ. Refunds are processed to the original payment method within 10 business days of receiving the returned Hardware.
Access to the FarmHQ Platform requires an active Subscription for each registered Device. Subscription plans and current pricing are described on the FarmHQ website at farmhq.org. FarmHQ reserves the right to change Subscription pricing with 60 days' notice to existing subscribers.
Subscriptions are billed monthly or annually, as selected at signup. Monthly subscriptions are billed on the same day each month corresponding to the signup date. Annual subscriptions are billed on the anniversary of the signup date. Billing is processed automatically by Stripe using the payment method on file.
If a Subscription payment fails, FarmHQ will retry the payment up to 3 times over 7 days. If the payment cannot be collected after 3 attempts, your Subscription will be suspended. During suspension, remote control commands to your Hardware will be disabled and SMS alerts will be suspended. Platform access for viewing historical data remains available for 30 days after suspension. If payment is not restored within 30 days of suspension, your Account may be terminated.
You may cancel your Subscription at any time through the Account settings or by contacting support@farmhq.org. Cancellation takes effect at the end of the current billing period. No partial-month or partial-year refunds are issued for cancellations mid-period. Hardware continues to function without a Subscription for manual local control where supported, but remote monitoring, scheduling, and SMS alerts require an active Subscription.
Each FarmHQ Device requires an active cellular data plan to communicate with the Platform. The cellular data plan is included in the Subscription fee. FarmHQ uses a managed IoT SIM program through T-Mobile and KORE Wireless. The SIM card in the Device is FarmHQ's property and is not transferable. Using the Device with a third-party SIM card is not supported and voids the Hardware warranty.
The Service is provided for agricultural irrigation management use. You may use the Service to monitor and control irrigation pump equipment at your own or leased agricultural properties, provide access to Authorized Users who assist in your farm operations, and generate reports for your own operational and compliance purposes.
You may not use the Service: to control, monitor, or access equipment you do not own or have authority to manage; to attempt to gain unauthorized access to FarmHQ's systems or to other users' Accounts; to interfere with or disrupt the Platform's operation; to reverse-engineer, decompile, or attempt to extract source code from the Platform or Hardware firmware; to resell access to the Platform without written authorization from FarmHQ; to use automated scripts or bots to interact with the Platform in ways not supported by the official FarmHQ API; or for any unlawful purpose.
FarmHQ Hardware connects to agricultural pump control equipment. Installation must be performed in accordance with the FarmHQ installation guide and applicable electrical codes. Wiring work involving voltages above 24VAC or 24VDC should be performed by or reviewed by a licensed electrician. FarmHQ is not responsible for electrical damage, fires, equipment damage, or personal injury resulting from improper installation. Remote pump control via the FarmHQ Platform initiates physical operation of real equipment — you are responsible for ensuring the safe operational state of your equipment before issuing remote commands.
FarmHQ provides an API for programmatic access to Device status and pump command functionality. API access is available to subscribers on eligible plans. API usage is subject to rate limits specified in the API documentation. Automated systems that use the API to issue pump commands must include appropriate safety checks — FarmHQ is not responsible for over-irrigation, equipment damage, or other consequences resulting from automated commands issued through the API. API credentials must be kept confidential and must not be embedded in publicly accessible code repositories.
You own the telemetry data generated by your registered Devices, including pump operation logs, sensor readings, and schedule records. FarmHQ stores and processes this data to provide the Service. You may export your data in CSV format at any time through the Platform or by request to support@farmhq.org.
By using the Service, you grant FarmHQ a limited, non-exclusive license to store, process, and use your Device data for the purpose of providing the Service (including delivering alerts, displaying dashboard data, and generating reports for you). You also grant FarmHQ a license to use anonymized, aggregated data derived from your Device data for product improvement purposes, as described in the Privacy Policy. This license does not permit FarmHQ to share your identifiable data with third parties for commercial purposes.
FarmHQ retains all intellectual property rights in the Platform, including software, firmware, documentation, and the FarmHQ brand. These Terms do not grant you any rights to FarmHQ's intellectual property beyond the limited right to use the Service as described in these Terms. "FarmHQ" and associated logos are trademarks of FarmHQ, Inc. and may not be used without written permission.
FarmHQ targets Platform availability of 99.5% measured on a monthly basis, excluding scheduled maintenance windows. Scheduled maintenance windows are announced via email at least 48 hours in advance. Actual availability may be affected by factors outside FarmHQ's control, including cellular network outages, AWS infrastructure events, and natural disasters. FarmHQ is not liable for losses resulting from Platform unavailability, including missed irrigation events or failed pump commands during outages. SMS alert delivery depends on third-party cellular networks and cannot be guaranteed.
THE SERVICE IS PROVIDED FOR MONITORING AND ASSISTANCE PURPOSES. FARMHQ DOES NOT GUARANTEE THAT THE SERVICE WILL PREVENT PUMP FAILURES, EQUIPMENT DAMAGE, CROP LOSSES, OR WATER RIGHTS VIOLATIONS. ALL IRRIGATION MANAGEMENT DECISIONS REMAIN YOUR RESPONSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FARMHQ'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICE — WHETHER IN CONTRACT, TORT, OR OTHERWISE — SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO FARMHQ FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $500.
FARMHQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, CROP LOSSES, EQUIPMENT DAMAGE, WATER WASTE, OR LOSS OF DATA, EVEN IF FARMHQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability, so some of the above limitations may not apply to you. In those jurisdictions, FarmHQ's liability is limited to the fullest extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless FarmHQ, its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: your use of the Service, your violation of these Terms, your violation of any applicable law or regulation (including water law compliance failures), your improper installation or operation of Hardware, or any claims by third parties arising from your use of the Service.
You may terminate your Account at any time by canceling your Subscription and requesting Account deletion at support@farmhq.org. Termination is effective at the end of the current billing period for Subscription purposes and within 30 days for Account data deletion, subject to the data retention requirements described in the Privacy Policy.
FarmHQ may suspend or terminate your Account, with or without notice, for: material breach of these Terms, non-payment of amounts owed, illegal use of the Service, or activity that FarmHQ reasonably believes poses a risk to the security or integrity of the Platform. For material breaches other than non-payment, FarmHQ will provide 14 days' notice and an opportunity to cure before termination unless the breach poses an immediate security risk.
These Terms are governed by the laws of the State of Oregon, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, with proceedings conducted in Portland, Oregon. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. You waive the right to participate in a class action lawsuit or class-wide arbitration against FarmHQ.
Nothing in this Section prevents either party from seeking emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.
FarmHQ may modify these Terms from time to time. Material changes will be communicated by email to the address on your Account at least 30 days before the changes take effect. Continued use of the Service after the effective date of revised Terms constitutes acceptance. If you do not agree to revised Terms, you must cancel your Subscription and stop using the Service before the effective date.
Entire Agreement: These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and FarmHQ regarding the Service and supersede any prior agreements.
Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
No Waiver: FarmHQ's failure to enforce any provision of these Terms does not constitute a waiver of that provision or of FarmHQ's right to enforce it in the future.
Assignment: You may not assign these Terms or your rights under them without FarmHQ's prior written consent. FarmHQ may assign these Terms in connection with a merger, acquisition, or sale of assets.
For questions about these Terms of Service, contact:
FarmHQ, Inc.
Portland, OR, USA
Email: support@farmhq.org