Terms of Service

Effective Date: August 23, 2025  |  Last Updated: August 23, 2025

These Terms of Service (“Terms”) form a binding agreement between LandWise Analytica (“LandWise,” “we,” “us,” or “our”) and the person or entity who accesses or uses our website, products, or services (“you” or “Customer”). By creating an account, purchasing a subscription, generating any report, or otherwise using the Services, you agree to these Terms.

1) Key Definitions

• Account: Your registered profile used to access the Services.
• Order: The online checkout, Stripe session, or other ordering document you complete or accept that sets your Plan, Cadence (monthly/annual), Currency (CAD/USD), price, and any add‑ons.
• Plan: One of Explore (free), Evaluate, or Portfolio (see Schedule A).
• Report: A single analysis output for a defined land area, delivered via web UI and/or PDF.
• Report Tier: Basic or Premium (see Schedule B).
• Caps: Monthly and daily usage limits associated with your Plan (see Schedule A).
• Overage Add‑Ons: Optional Stripe‑billed allowances for additional Basic or Premium reports beyond your monthly Caps.
• Customer Data: Data you submit to generate Reports (e.g., property boundaries, location details, annotations).
• Aggregate/De‑identified Data: Data derived from Customer Data and usage metrics that cannot reasonably identify you.

2) Changes to Terms

We may modify these Terms from time to time. Material changes will be posted to the site or communicated in‑product or by email. The revised Terms are effective when posted, and your continued use after the effective date constitutes acceptance.

3) Eligibility; Accounts

You must be at least the age of majority in your jurisdiction and have authority to bind the entity you represent. You are responsible for safeguarding your login credentials and for all activities under your Account.

4) Services; No Professional Advice

LandWise provides data‑driven land suitability and crop‑yield intelligence using remote sensing, climate projections, and machine‑learning, including interactive reports and PDF downloads (collectively, the “Services”). Outputs may include field‑level maps (typically at or around 30m × 30m resolution) and historical/forecasted performance estimates. Accuracy may vary by crop, geography, time horizon, data availability, and methodology.

The Services and Reports are informational decision‑support tools only. They are not legal, financial, valuation, agronomy, engineering, or investment advice, and are not a substitute for professional surveys, appraisals, environmental assessments, or on‑site inspections. Do not use the Services for safety‑critical operations.

5) Subscriptions, Plans, and Entitlements

1. Plans & Cadence. You may choose Explore (free), Evaluate, or Portfolio. Paid Plans are available monthly and (except Explore) annually. Your Order will specify your Cadence and Currency (CAD or USD). See Schedule A for plan Caps.
2. Entitlements & Caps. Plans include monthly allowances for Basic and Premium Reports and a daily safety cap. Unused allowances do not roll over to the next billing period. We may throttle, queue, or reject report generation to enforce Caps and protect service stability.
3. Overage Add‑Ons. If enabled, you may purchase Basic and/or Premium Overage Add‑Ons tied to your Plan and Currency. Overage pricing appears at checkout and is billed by Stripe when you exceed monthly Caps.
4. Legacy/Additional Limits. We may also apply area‑based or operational limits (e.g., maximum acres per day for certain free usage). If both unit‑based Caps and area‑based limits apply, the more restrictive limit controls.
5. Feature Availability. Basic and Premium tier features are listed in Schedule B. Features may vary by region and crop and can change over time (e.g., data sources, resolution, or models).

6) Stripe Billing, Auto‑Renewal, and Taxes

1. Payment Processor. We use a third‑party payment processor (currently Stripe) to process paid Subscriptions and Add‑Ons. You authorize us and our processor to store your payment method and to automatically charge fees, taxes, and overages under your Order.
2. Auto‑Renewal. All paid Subscriptions auto‑renew at the end of each billing period unless you cancel before renewal. By purchasing, you acknowledge continuous service and recurring charges until you cancel.
3. Cancellation. You may cancel at any time via your Account or by contacting support@landwiseanalytica.com. Cancellation takes effect at the end of the current term; no refunds for partial months/years unless required by law.
4. Upgrades/Downgrades. Upgrades take effect immediately (prorated if applicable). Downgrades apply at the next renewal and may reduce your Caps and/or features.
5. Failed Payments; Suspension. If payment fails or is disputed/charged back, we may suspend or terminate your access. You remain responsible for amounts due.
6. Price Changes. We may change prices prospectively with notice. New prices apply at the next renewal.
7. Taxes. Fees are exclusive of taxes. You are responsible for sales, use, VAT/HST/GST, or similar taxes unless a valid exemption is provided.

7) Use of Reports; License and Restrictions

1. License to You. Subject to these Terms and your Order, LandWise grants you a non‑exclusive, non‑transferable, non‑sublicensable license to use Reports and associated downloads for your internal business purposes.
2. Limited Sharing. You may share static Report outputs (e.g., PDF or screenshots) with your direct clients, lenders, or transaction stakeholders solely to evaluate the subject property, provided you (a) do not remove proprietary notices, (b) do not charge for the Report itself, and (c) ensure recipients agree to confidentiality and non‑redistribution.
3. Restrictions. You must not: (a) resell, republish, or mass‑distribute Reports or derived datasets; (b) use Reports to train or improve competing models/services; (c) bypass or circumvent Caps, metering, or access controls (including by multi‑accounting); (d) scrape, bulk‑download, or reverse‑engineer models, map tiles, or code; (e) falsely imply LandWise endorsement or certification of a property; (f) remove, obscure, or alter proprietary notices.
4. Attribution. If you publicly reference LandWise outputs, include reasonable attribution (e.g., “Source: LandWise Analytica”).

8) Customer Data; Privacy; Feedback

1. Customer Data. You retain ownership of Customer Data. You grant LandWise a license to use Customer Data to provide and improve the Services (including quality control, support, security, and model tuning), and to create Aggregate/De‑identified Data.
2. Aggregate/De‑identified Data. We may use such data for analytics, benchmarking, research, and product improvement, provided it does not identify you.
3. Privacy Policy. Our handling of personal information is described in our Privacy Policy, which is incorporated by reference.
4. Feedback. If you provide feedback or suggestions, you grant LandWise a perpetual, irrevocable, royalty‑free license to use it without restriction or compensation.

9) Third‑Party Services and Data

The Services may depend on third‑party platforms (e.g., Stripe) and external datasets. We are not responsible for third‑party terms, availability, accuracy, or changes. Your use of third‑party services is governed by their terms. We may replace or modify third‑party components without notice.

10) Service Changes; Beta/Trial Features

We may add, modify, or discontinue features at any time. Any Beta, Trial, Free, or Evaluation features are provided AS IS and may be suspended or removed without notice. If you previously participated in a pilot program, these Terms supersede pilot terms upon your subscription effective date.

11) Accuracy; Disclaimers

1. Model & Data Limitations. AI/ML model outputs and climate projections involve uncertainty. Accuracy varies by crop, geography, time horizon, data availability/quality, and other factors. We do not guarantee any particular outcome, yield, or return. Site statements about model accuracy or resolution are representative and do not create warranties.
2. AS‑IS. To the maximum extent permitted by law, the Services and Reports are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, non‑infringement, accuracy, quiet enjoyment, or arising from trade usage.

12) Limitation of Liability

To the maximum extent permitted by law: (a) LandWise will not be liable for any indirect, incidental, special, consequential, cover, or punitive damages; loss of profits, revenue, goodwill, data, or business interruption; or real estate, lending, appraisal, or underwriting outcomes; (b) LandWise’s aggregate liability for all claims in a 12‑month period will not exceed the amounts you paid to LandWise for the Services giving rise to the claim during that period (or CAD $100 if you use the free Explore plan); and (c) the foregoing does not limit liability for fraud, willful misconduct, or where such limitation is prohibited by law.

13) Indemnification

You will defend, indemnify, and hold harmless LandWise and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to (i) your use of the Services or Reports, (ii) your Customer Data, or (iii) your violation of these Terms or applicable law.

14) Suspension; Termination

We may suspend or terminate access for violation of these Terms, non‑payment, suspected fraud/abuse, or to address security or operational risks. You may terminate at any time as provided in Section 6.3. Upon termination, your license to use the Services and Reports ends, except that you may retain previously downloaded PDFs for internal recordkeeping (subject to Section 7). Sections 7–16 survive termination.

15) Export; Sanctions; Anti‑Corruption

You represent that you are not located in, under the control of, or a national/resident of any prohibited country or on any denied party list, and that you will comply with all applicable export, sanctions, and anti‑corruption laws.

16) Governing Law; Venue

These Terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict of law rules. The courts located in Toronto, Ontario shall have exclusive jurisdiction and venue over disputes, and you consent to personal jurisdiction there.

17) Notices; Contact

Notices to you may be sent to the email associated with your Account or posted in‑product. Notices to LandWise must be sent to support@landwiseanalytica.com. For support/billing inquiries, please contact support@landwiseanalytica.com.

18) General

These Terms, together with the Order and Privacy Policy, are the entire agreement and supersede all prior or contemporaneous understandings. If any provision is found unenforceable, the remainder remains in effect. You may not assign these Terms without our written consent; we may assign to an affiliate or in connection with a merger, acquisition, or sale of assets. No waiver is effective unless in writing.

Schedule A — Plans, Caps, and Overage

Plan Caps (per Account unless your Order says otherwise):

• Overage Add‑Ons: Available for both Basic and Premium, priced as shown at checkout (currency‑specific).
• Reset: Monthly Caps reset on your billing anniversary date/time.
• No Roll‑Over: Unused allowances do not carry over.
• Multiple Properties/Boundaries: We may limit the number of properties/boundaries per Report and/or restrict extreme polygon complexity to maintain performance.
• Legacy Area Limits: Where area‑based limits (e.g., free acreage per day) are active, they coexist with Caps and the strictest limit applies.

Schedule B — Report Tiers and Feature Summary

Basic Report includes:

• Agriculture Suitability
• Elevation
• Heat Units (CHU & GDD)
• Historical Growing Seasons
• Historical Land Use
• Historical Precipitation, Temperature & Dew
• Soil Contents at Surface
• Soil pH & Bulk Density at Surface
• Soil Texture at Surface
• Soil Taxonomy

Premium Report includes all features available in Basic plus all other features LandWise currently offers, which may include:

• Crop Percentiles
• Field‑Level Yield Maps
• PDF Download
• Slope & Convexity (elevation derivatives)
• Soil Contents at Depth
• Soil pH & Bulk Density at Depth
• Soil Texture at Depth
• Wind & Gust Exposure
• Yield Forecasts
• Yield History

The precise list of features and availability by region/crop may evolve over time as we improve data sources and models. See the site for the most current feature comparison.

Schedule C — Acceptable Use (Examples)

You agree not to:

• Probe, scan, or test system vulnerabilities.
• Overload or attempt to circumvent rate limits/Caps.
• Use bots or scripts to mass‑generate Reports.
• Introduce malware or other harmful code.
• Misrepresent property boundaries or locations.
• Remove or obscure proprietary notices or attribution.
• Build a competing product using the Services.
• Use outputs to make unlawful discriminatory decisions in lending, insurance, employment, or housing.

Plain‑Language Summary (Non‑Contractual)

• Recurring billing: Plans auto‑renew until you cancel. Cancel in Account settings before the renewal date to avoid the next charge.
• Caps: Each plan includes monthly allowances; unused allowances do not roll over. Daily safety cap applies.
• Overage: If you opt in, additional reports are billed automatically at the per‑report overage price shown at checkout.
• License: Reports are for your internal business use; limited client sharing allowed (PDF/screenshot), no resales/redistribution.
• No guarantees: Reports are estimates and not appraisals, surveys, or professional advice.
• Support: support@landwiseanalytica.com.