BIndicate Terms and Conditions
These Terms and Conditions ("Terms") govern your access to and use of the BIndicate mobile application ("App," "Service"), provided by Sovereign Agtech LLC ("Sovereign Agtech," "we," "us," "our"). By creating an account or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
1. Description of Service
BIndicate is an informational tool that allows users to record and monitor feed levels in bins located at farm sites. The App is designed to help track and estimate feed inventory data. The App is not a safety device, safety system, or engineering tool, and it is not designed, tested, or intended to be used in a manner that requires or encourages users to climb, ascend, or physically access bins, ladders, catwalks, or elevated structures.
2. Physical Safety Warning — Bin Climbing and Elevated Work
BIndicate is intended to be used only while standing on the ground, in a vehicle, or in another safe location. It is not intended to be used while climbing a bin, ladder, catwalk, or any elevated or unstable surface.
Farm bins and related structures present serious hazards, including but not limited to falls from height, entrapment or engulfment in feed/grain, entanglement with moving equipment, structural collapse, and electrical hazards. You must never use, view, hold, or interact with the App while climbing, ascending, descending, or otherwise physically accessing a bin or elevated structure. Stop, get to stable ground, and only then use the App.
You are solely responsible for:
- Following all applicable federal, state, and local safety regulations (including OSHA requirements related to grain/feed bin entry, confined spaces, and fall protection);
- Using appropriate personal protective equipment (PPE), fall protection, lockout/tagout procedures, and spotters/observers where applicable;
- Assessing whether it is safe to access a bin at all before doing so;
- Your own physical safety and the safety of any employees, family members, or others under your supervision.
BIndicate does not supervise, inspect, or have any control over your physical work environment and assumes no responsibility for your safety practices.
3. Assumption of Risk
You acknowledge that farm work, including feed bin monitoring and maintenance, is inherently dangerous. You voluntarily assume all risks of injury, death, or property damage arising from or related to your use of the App in connection with any physical activity at a bin, barn, or farm site, whether or not that risk was caused in whole or in part by the App's design, performance, availability, or accuracy.
4. Accuracy of Data; No Reliance for Safety Decisions
Feed level readings, predictions, and any consumption-rate estimates provided by the App are estimates only, may be based on manually entered data, sensor input, or predictive modeling, and may be inaccurate, delayed, or unavailable. Do not rely on the App as the sole basis for any decision that could affect health, safety, or livestock welfare. Always visually verify conditions and use your own judgment.
5. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOVEREIGN AGTECH LLC, ITS OWNERS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO USE WHILE CLIMBING, ACCESSING, OR WORKING ON A BIN OR ELEVATED STRUCTURE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT ANY LIABILITY CANNOT BE FULLY DISCLAIMED, OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
7. Indemnification
You agree to indemnify, defend, and hold harmless Sovereign Agtech LLC and its owners, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of: (a) your use or misuse of the App; (b) your violation of these Terms; (c) any injury, death, or property damage occurring during or related to your (or your employees' or family members') access to a bin, barn, or farm site; or (d) your violation of any applicable law or safety regulation.
8. Prohibited Uses
You agree not to:
- Use the App while climbing, ascending, or descending a bin, ladder, or elevated structure;
- Use the App while operating a vehicle or farm equipment;
- Rely on the App as a substitute for required safety inspections or protocols;
- Allow use of the App by anyone not properly trained on your farm's safety procedures;
- Use the App in any way that violates applicable law.
9. User Responsibilities / Farm Operator Acknowledgment
If you are a farm owner or operator enabling other individuals (employees, family members, contractors) to use the App, you are responsible for training those individuals on safe use of the App and ensuring they understand and agree to Section 2 (Physical Safety Warning). You agree to obtain any necessary consent or acknowledgment from such individuals before granting them access.
10. Account Termination
We reserve the right to suspend or terminate your account at our discretion, including for violation of these Terms.
11. Changes to These Terms
We may update these Terms from time to time. Continued use of the App after changes take effect constitutes acceptance of the revised Terms.
12. Governing Law
These Terms are governed by the laws of the State of Iowa, without regard to conflict-of-law principles. Any disputes shall be resolved in the state or federal courts located in Iowa.
13. Contact
Questions about these Terms can be directed to: bindicate@gmail.com
By checking "I agree" or by using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, including the Physical Safety Warning in Section 2.