Terms of Service

1. Acceptance of These Terms

1.1 These Terms form a binding agreement between you and RainWatch. By creating an account, logging in, providing a phone number, deploying or using a weather station, or otherwise using the Service, you accept these Terms and our Privacy Policy, which is incorporated by reference.

1.2 We may present additional order forms, subscription plans, or written agreements (“Orders”). If an Order conflicts with these Terms, the Order controls for that transaction.

2. Eligibility and Authority

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

2.2 The Service is intended for agricultural businesses and their operators. If you use the Service on behalf of a farm, business, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” refers to both you and that entity.

2.3 You represent that the information you provide (including phone numbers and station locations) is accurate and that you are authorized to provide it, including the phone numbers of any additional notification recipients you add (see Section 7.6).

3. Accounts, Login, and Security

3.1 Phone-based login. RainWatch uses your mobile phone number and a one-time passcode (OTP) sent by SMS to authenticate you. You are responsible for maintaining access to the phone number associated with your account.

3.2 Account security. You are responsible for all activity that occurs under your account and for keeping your login method, session, and any API keys or access credentials confidential. Notify us promptly at support@rainwatchnc.com if you suspect unauthorized access.

3.3 Accurate contact details. You are responsible for keeping your phone number and notification settings current. Alerts are delivered to the number(s) on file; RainWatch is not responsible for alerts sent to an outdated or incorrect number you failed to update.

4. Description of the Service

4.1 RainWatch ingests readings from on-farm weather stations and third-party weather and forecast data sources, and provides: (a) a web dashboard displaying current conditions, forecasts, growth-stage (growing degree day / GDD) tracking, disease and pest pressure indicators, history, reports, and CSV exports; and (b) SMS text alerts and two-way SMS interactions relating to weather and agronomic conditions.

4.2 Advisory nature. The alerts, forecasts, models, growth-stage estimates, disease/pest pressure indicators, and spray-window suggestions provided through the Service are advisory and forecast-based estimates. They are decision-support information only and are not instructions, guarantees, or professional agronomic, meteorological, or safety advice.

4.3 Availability. The Service is provided on an “as is” and “as available” basis. We may modify, suspend, or discontinue features at any time as described in Section 18.

5. Weather Alerts Are Advisory — No Guarantee and No Sole Reliance

THIS SECTION IS IMPORTANT. PLEASE READ IT CAREFULLY. IT LIMITS WHAT YOU MAY RELY ON THE SERVICE FOR.

5.1 Inherent uncertainty. Weather prediction and sensor measurement are inherently uncertain. Forecasts are probabilistic estimates that may be wrong. Sensor readings may be inaccurate, delayed, incomplete, or affected by hardware condition, calibration, siting, power, or connectivity.

5.2 Alerts may be delayed, inaccurate, missed, or fail to send. Delivery of SMS alerts depends on systems outside our control, including mobile carriers, the recipient device, network coverage, SMS aggregators and providers (e.g., Twilio, Textbelt), weather-station hardware and power, cellular/internet connectivity, and third-party data and cloud providers (e.g., Ecowitt, Open-Meteo, NOAA/National Weather Service). Any of these may cause an alert to be late, incorrect, duplicated, or not delivered at all. RainWatch does not guarantee that any alert will be generated, delivered, timely, or accurate.

5.3 You are solely responsible for your decisions. You are solely responsible for all decisions and actions concerning your crops, livestock, equipment, personnel, spraying and chemical application, harvest, frost/freeze protection, irrigation, and safety. You must exercise independent judgment and use additional and official sources of information. You must not rely on RainWatch as the sole basis for any decision that could result in loss, injury, or damage.

5.4 No agronomic or professional advice. RainWatch is not your agronomist, meteorologist, pest control advisor, or safety consultant. Nothing in the Service is a substitute for professional judgment, official warnings, or applicable label instructions and regulations governing chemical application.

6. Not for Emergency or Life-Safety Use

6.1 The Service is not an emergency notification system. Do not rely on RainWatch for life-safety, emergency, or evacuation decisions. For severe weather, storm, tornado, flood, or other life-threatening conditions, rely on the National Weather Service (NWS), local emergency management, and official emergency services, and monitor an appropriate weather radio or emergency alert channel.

6.2 RainWatch alerts may not reach you in time or at all and are not monitored on your behalf in real time.

7. SMS / Text Messaging Terms

7.1 Consent to receive messages. By providing a mobile phone number, you consent to receive automated and recurring SMS text messages from RainWatch related to the Service, including weather and agronomic alerts, account and authentication messages (such as login codes), and replies to your keyword messages. Consent to marketing messages, if any are sent, will be handled separately and is not a condition of using the Service.

7.2 Message frequency. Message frequency varies and depends on weather conditions, your alert subscriptions, and your interactions with the Service. During active weather, frequency may be high.

7.3 Message and data rates. Message and data rates may apply according to your mobile carrier plan. RainWatch is not responsible for carrier charges.

7.4 Opt out and help. You can reply STOP at any time to unsubscribe and stop service messages; you can reply START to re-enable messages; and you can reply HELP for help. Other supported keywords may include STATUS, RAIN, and FROST, which return automated responses. Opting out of SMS may prevent you from receiving alerts and from logging in via phone OTP.

7.5 Carrier and regulatory compliance. RainWatch endeavors to comply with applicable messaging laws and standards, including the Telephone Consumer Protection Act (TCPA), CTIA guidelines, and A2P 10DLC carrier registration requirements. Carriers are not liable for delayed or undelivered messages.

7.6 Additional recipients. If you add additional notification phone numbers, you represent that you have obtained the consent of each person to receive automated service messages from RainWatch, and you are responsible for removing numbers when consent is withdrawn.

7.7 No emergency use. SMS is not guaranteed to be delivered and must not be used or relied upon for emergency purposes (see Section 6).

8. Weather Stations and Hardware

8.1 Station types. The Service works with on-farm Ecowitt weather stations, currently the Ecowitt 4G cellular console and the Ecowitt Wi-Fi wireless models. Readings may be uploaded to RainWatch directly and/or via the manufacturer’s cloud (for example, api.ecowitt.net).

8.2 Ownership; repair and replacement. The weather stations are owned by RainWatch and are provided to you for use during your subscription; title to the stations remains with RainWatch at all times. RainWatch is responsible for station repair and replacement and bears all liability for station damage: RainWatch will replace any station damaged by unforeseen, accidental, or natural causes at no cost to you. Upon termination or cancellation of the Service, you will make the station equipment available for return to RainWatch, in good condition (ordinary wear and any RainWatch-covered damage excepted), within five (5) days.

8.3 Access, siting, and care. Unless a written Order states otherwise, you will provide safe and lawful access to your property for any installation, service, or retrieval RainWatch performs, and you will not tamper with, disassemble, or relocate a station without notifying RainWatch. Proper siting affects data quality; RainWatch may work with you on placement. Nothing in this Section shifts liability for station damage to you, which RainWatch bears under Section 8.2.

8.4 Manufacturer terms. The stations and their manufacturer cloud are subject to the manufacturer’s own terms. Except as expressly stated in Section 8.2 or a written Order, RainWatch makes no warranty regarding third-party hardware.

8.5 Location data. Each station is associated with a precise GPS latitude and longitude on your property, which is necessary to deliver location-specific forecasts and alerts. Handling of this data is described in the Privacy Policy.

9. Acceptable Use

9.1 You agree not to: (a) use the Service in violation of law or applicable agricultural, chemical-application, or messaging regulations; (b) resell, sublicense, or provide the Service to third parties except as permitted in an Order; (c) reverse engineer, decompile, or attempt to extract source code, models, or algorithms; (d) copy, scrape, or create derivative works of the Service or its data outputs except your own exported data; (e) interfere with, overload, or attempt unauthorized access to the Service, other accounts, or our infrastructure; (f) send unlawful, infringing, or harmful content via the two-way SMS or dashboard; or (g) remove or obscure proprietary notices.

9.2 We may rate-limit, throttle, or block activity that threatens the security, integrity, or availability of the Service.

10. Intellectual Property

10.1 RainWatch property. RainWatch and its licensors own all right, title, and interest in and to the Service, including the software, dashboard, SMS logic, data models, forecasts and analytics methodology, and all related intellectual property. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription solely for your internal agricultural business purposes. All rights not expressly granted are reserved.

10.2 Feedback. If you provide feedback or suggestions, you grant RainWatch a perpetual, royalty-free license to use it without restriction.

11. Customer Data

11.1 Your data. As between the parties, you own the data you provide or that is generated from your stations, including your contact details, station locations, sensor readings, crop/configuration data, and message content (“Customer Data”).

11.2 License to operate the Service. You grant RainWatch a non-exclusive, worldwide license to host, process, transmit, and display Customer Data as necessary to provide, secure, support, and improve the Service, and to share it with the subprocessors identified in our Privacy Policy for those purposes.

11.3 Aggregated/de-identified data. RainWatch may create and use aggregated and de-identified data that does not identify you or any individual for any lawful business purpose, including improving forecasts and models.

11.4 Privacy. Our collection and use of personal information is described in the Privacy Policy.

12. Third-Party Services and Data

12.1 The Service relies on third-party hardware, cloud, messaging, and weather/forecast data providers. RainWatch does not control and is not responsible for third-party services, their availability, accuracy, or their acts or omissions. Your use of third-party services may be subject to their terms.

13. Fees and Billing

13.1 Fees for the Service are as set out in your Order or subscription plan. Unless stated otherwise, fees are billed in advance and are non-refundable except as required by law or expressly provided.

13.2 Payments. Payments are processed by our third-party payment processor, Stripe, under Stripe’s own terms and privacy policy. RainWatch does not collect or store full payment card numbers.

13.3 Fees are exclusive of taxes, which are your responsibility. Late amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law.

14. Disclaimer of Warranties

14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, INCLUDING ALL ALERTS, FORECASTS, MODELS, SENSOR DATA, AND OUTPUTS, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. RAINWATCH DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY REGARDING ACCURACY, RELIABILITY, TIMELINESS, OR UNINTERRUPTED OR ERROR-FREE OPERATION.

14.2 RAINWATCH DOES NOT WARRANT THAT ALERTS WILL BE DELIVERED, TIMELY, OR ACCURATE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR PREVENT ANY LOSS.

15. Limitation of Liability

15.1 No indirect or consequential damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAINWATCH AND ITS OWNERS, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF OR DAMAGE TO CROPS, LIVESTOCK, YIELD, PRODUCE, EQUIPMENT, PROPERTY, PROFITS, REVENUE, DATA, OR GOODWILL, OR FOR ANY AGRICULTURAL, BUSINESS, OR OPERATIONAL LOSS, ARISING OUT OF OR RELATED TO THE SERVICE OR ANY ALERT, FORECAST, OUTPUT, DELAY, INACCURACY, OR FAILURE TO SEND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15.2 Liability cap. RAINWATCH’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO RAINWATCH FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $5,000.

15.3 Allocation of risk. These limitations reflect the allocation of risk between the parties, are a fundamental basis of the bargain, and apply regardless of the theory of liability. Some jurisdictions do not allow certain limitations, so some may not apply to you.

16. Indemnification

16.1 You will defend, indemnify, and hold harmless RainWatch and its owners, officers, employees, and suppliers from and against any third-party claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service or any alert or output; (b) your Customer Data or the phone numbers you provide (including additional recipients); (c) your decisions or actions concerning crops, livestock, spraying, safety, or operations; (d) your violation of these Terms or applicable law (including TCPA/messaging and chemical-application laws); or (e) your premises or your interference with a station.

17. Suspension and Termination

17.1 You may stop using the Service at any time and may opt out of SMS by replying STOP. To close your account or request deletion, contact support@rainwatchnc.com.

17.2 We may suspend or terminate your access, in whole or in part, for non-payment, for a violation of these Terms, to protect the security or integrity of the Service, or as required by law. Where practical, we will provide notice.

17.3 Upon termination, your right to use the Service ends and the hardware return obligation in Section 8.2 applies. Sections that by their nature should survive (including 5, 6, 10, 11, 14, 15, 16, 19, 20, and 22) survive termination. You may request export or deletion of Customer Data as described in the Privacy Policy.

18. Changes to the Service and to These Terms

18.1 We may change, add, or remove features of the Service at any time. We may update these Terms from time to time; if we make material changes, we will provide notice (for example, by email, SMS, or through the dashboard) and update the “Last Updated” date. Your continued use after changes take effect constitutes acceptance.

19. Governing Law and Venue

19.1 These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. Subject to Section 20, the parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Union County, North Carolina, and waive any objection to that venue.

20. Dispute Resolution / Arbitration

20.1 Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with the arbitration seated in Charlotte, North Carolina. Judgment on the award may be entered in any court of competent jurisdiction.

20.2 Jury and class-action waiver. To the extent permitted by law, each party waives any right to a jury trial and waives any right to bring or participate in a class, collective, or representative action.

20.3 Injunctive relief. Notwithstanding this Section, either party may seek injunctive or equitable relief in the courts identified in Section 19 for intellectual-property, confidentiality, or unauthorized-access matters.

21. Severability

21.1 If any provision of these Terms is held invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

22. Entire Agreement; Miscellaneous

22.1 These Terms, together with the Privacy Policy and any Order, are the entire agreement between the parties regarding the Service and supersede prior agreements on the subject. RainWatch may assign these Terms in connection with a merger, financing, acquisition, or sale of assets; you may not assign without our consent. Neither party is liable for delays or failures due to events beyond its reasonable control (force majeure). No waiver is effective unless in writing. There are no third-party beneficiaries.

23. Contact

RAINWATCH LLC (RainWatch) · 721 Wild Berry Ct., Waxhaw, NC 28173 · Email: support@rainwatchnc.com