Kragworks Terms of Service

1. Agreement to these terms

These Terms of Service (“Terms”) are a binding agreement between Kragworks, Inc., a Delaware corporation (“Kragworks,” “we,” “us”) and the organization or person using our services (“Customer,” “you”). They govern your use of our website, the Harvest Engine platform, our mobile apps, and related services (together, the “Service”).

By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you accept on behalf of an organization, you confirm that you have authority to bind it, and “you” refers to that organization.

If you have a signed master services agreement, statement of work, SaaS agreement, or order form with Kragworks (a “Customer Agreement”), that document controls wherever it conflicts with these Terms.

2. The Service

Harvest Engine is cloud-based software for growers, packhouses, and other agricultural businesses. Depending on your subscription, it may include modules for farm and block management, scouting, crop estimates, spray records, harvest and storage planning, receiving, quality control, inventory, and AI-assisted features.

The modules available to you are those listed in your Customer Agreement or enabled for your account. We may add, change, or retire features over time. We will not materially reduce the core functionality of a paid subscription during its current term without giving you notice.

Mobile apps. Our mobile apps may store data on your device while offline and sync it when a connection returns. You are responsible for syncing your device. Data that has not synced may be lost if the app is removed or the device fails.

App stores. If you download a mobile app from the Apple App Store or Google Play, these Terms are between you and Kragworks, not Apple or Google. Kragworks, not the store operator, is responsible for the app, its support, and any related claims. Apple and its subsidiaries are third-party beneficiaries of these Terms for apps obtained from the App Store and may enforce them. You must also follow the store’s usage rules.

3. Accounts and users

The Service is intended for business use. You must be at least 18 years old and able to enter a binding contract to use it.

Your organization’s administrators create user accounts, assign roles, and control which modules and farms each user can access. You are responsible for those settings, for your users’ activity, and for removing access when someone no longer needs it.

Keep your login credentials confidential and do not share accounts. Tell us promptly atsupport@kragworks.com if you believe an account has been compromised.

4. Fees and billing

Fees, billing metrics, payment terms, subscription periods, and renewal terms are set out in your Customer Agreement. Fees exclude taxes unless your Customer Agreement says otherwise.

Custom development, implementation, and hourly work are billed as agreed in a statement of work or other written agreement.

If an undisputed payment is overdue, we may suspend the Service after giving you notice, subject to your Customer Agreement.

5. Your data

You own your data. “Customer Data” means the farm, crop, operational, and other information you or your users submit to the Service. As between you and Kragworks, you retain all rights in Customer Data.

Our limited license. You grant us a limited right to host, process, display, and transmit Customer Data as needed to provide, secure, and support the Service and to act on your instructions.

We do not sell your data. We do not sell Customer Data under any circumstances. We will not disclose it to third parties except to our service providers, as you direct, as the law requires, or as part of a merger, acquisition, or sale of our business, in which case the recipient must honor these commitments.

Sharing you authorize. Some features share data between organizations, such as between a grower and a packhouse. When you enable or use those features, you direct us to share the relevant data with that organization.

Service improvement. We may use and share aggregated or de-identified information that does not identify you, your farms, or any individual. We do not otherwise use Customer Data beyond providing the Service to you, and we do not use Customer Data to train AI models, unless we have a prior written agreement with you.

Your responsibilities. You confirm that you have the rights needed to submit Customer Data and that it does not violate any law or third-party right. You are responsible for its accuracy.

Export. You may export Customer Data using the tools in the Service or by asking us during your subscription and as set out in your Customer Agreement after it ends.

6. Acceptable use

You agree not to:

• Break any law or infringe anyone’s rights while using the Service.
• Access another customer’s data or try to bypass security or access controls.
• Upload malware or disrupt or overload the Service.
• Copy, resell, or sublicense the Service, or reverse engineer it except where the law allows.
• Scrape the Service or access it by automated means, other than through APIs or integrations we provide or approve.
• Use the Service to build a competing product.

7. Agricultural, compliance, and AI outputs

The Service supports your decisions; it does not make them.Estimates, forecasts, sensor readings, alerts, reports, and recommendations are tools for planning. Weather, pests, markets, device failures, and data quality can all affect their accuracy. You remain responsible for your crop, harvest, storage, safety, and business decisions.

Pesticide and chemical use. Spray records and recommendations do not replace the product label or a licensed professional’s judgment. Always check products, rates, intervals, and restrictions against the current label and the law where you operate. Chemical and label data may come from third parties or be imported by users, and it may be incomplete or out of date.

Compliance records. You are responsible for meeting your own legal, certification, food-safety, and audit obligations, including checking that your records are complete and accurate. Using the Service does not guarantee compliance.

AI features. AI-generated content can be wrong or incomplete, even when it sounds confident. Review it before relying on it, especially for chemical use, food safety, or financial decisions. AI output is not professional agronomic, legal, or financial advice.

8. Third-party services

The Service may connect to third-party products, such as accounting or ERP systems, sensors, data providers, and AI assistants. Your use of those products is governed by their own terms, and we are not responsible for them. When you connect one, you authorize us to exchange the data needed for that connection. Third-party services may change or stop working with the Service at any time.

9. Intellectual property

Kragworks owns the Service, including its software, design, and documentation, along with the Kragworks and Harvest Engine names and logos. During your subscription, we grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes. All rights not expressly granted are reserved.

If you send us ideas or feedback, we may use them without restriction or payment. Custom work is governed by the applicable statement of work. Unless it says otherwise, you keep ownership of your Customer Data, and Kragworks owns the intellectual property in any custom work, which remains part of the Service.

10. Privacy and security

Our Privacy Policy explains how we handle personal information. We use reasonable administrative, technical, and physical safeguards designed to protect Customer Data, but no system is perfectly secure. If we learn of unauthorized access to your Customer Data, we will notify you without unreasonable delay and as the law requires.

11. Disclaimers and liability

If you have a Customer Agreement, its warranty and liability terms apply instead of the disclaimers, damages exclusions, and liability cap in this Section 11. The Indemnification paragraph below applies unless your Customer Agreement has its own indemnification terms. All of this Section applies to anyone using our website or the Service without a Customer Agreement.

Disclaimer. TO THE FULLEST EXTENT THE LAW ALLOWS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ESTIMATE, FORECAST, OR AI OUTPUT WILL BE ACCURATE.

Excluded damages. TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, CROPS, OR DATA, EVEN IF TOLD THEY WERE POSSIBLE.

Liability cap. TO THE FULLEST EXTENT THE LAW ALLOWS, EACH PARTY’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US$100.

These exclusions and the cap do not apply to your payment obligations, to either party’s indemnity obligations, to misuse of the other party’s intellectual property, or to liability that cannot be limited by law.

Indemnification. You will defend and indemnify Kragworks against third-party claims arising from your Customer Data, your breach of these Terms, or your farming, spraying, packing, or sale of products. We will defend and indemnify you against third-party claims that the Service, used as permitted, infringes a U.S. patent, copyright, or trademark.

Business use. You acquire the Service for business purposes. To the extent the law allows, consumer protection laws that apply only to personal or household purchases do not apply.

12. Term and termination

These Terms apply for as long as you use the Service. Either party may terminate for a material breach that remains uncured 30 days after written notice. You may stop using the Service at any time, but fees for the current term remain due unless your Customer Agreement says otherwise.

We may suspend access immediately if needed to protect the Service, other customers, or the law, and we will restore access once the issue is resolved.

When your subscription ends, your right to use the Service stops. Export and deletion of Customer Data after that point are governed by your Customer Agreement. Sections that by their nature should survive will continue, including those on fees, data, intellectual property, liability, and disputes.

13. General terms

Governing law. These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law rules. Disputes will be resolved exclusively in the state or federal courts located in Yakima County, Washington, and each party consents to those courts.

Changes. We may update these Terms by posting a new version and changing the date below. For material changes, we will give at least 30 days’ notice by email or in the Service. Continued use after the effective date means you accept the update.

Export and sanctions. You will comply with applicable export control and sanctions laws.

Other terms. You may not assign these Terms without our consent, except as part of a merger or sale of your business. Neither party is liable for delays caused by events beyond its reasonable control. If part of these Terms is unenforceable, the rest remains in effect. A failure to enforce a term is not a waiver. These Terms and any Customer Agreement are the entire agreement on this subject.

Contact. Kragworks, Inc., 1312 North 6th Ave., Yakima, WA 98902,info@kragworks.com.

Last updated: November 5, 2026