Terms of Use

Effective date: May 31, 2026 · Last updated: May 31, 2026

These Terms of Use (“Terms”) govern your access to and use of powrplatform.com (the “Site”). The Site is owned and operated by AgriWorks Crop Solutions, LLC (“AgriWorks,” “we,” “us,” or “our”), a Hawaii limited liability company. By accessing or using the Site, you agree to these Terms. If you do not agree, you should not use the Site.

These Terms apply to the marketing and informational website at powrplatform.com. They do not govern access to the POWR Platform application, which when generally available will be governed by a separate written agreement between AgriWorks and the customer.

1. About this Site

The Site provides information about POWR Platform, a software product under development by AgriWorks Crop Solutions, LLC. POWR Platform is offered to the market under the AgriWorks family of brands and may also be referenced in connection with our ACS Environmental division.

The Site is informational. It does not constitute an offer to sell software, services, or any other product, and submission of your email address through the Site does not create any contractual obligation between you and AgriWorks. Pricing, features, availability, and timing described on the Site are subject to change without notice.

2. Intellectual property

All content on this Site, including text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, software, and the selection and arrangement of all of the foregoing, is the property of AgriWorks Crop Solutions, LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

The POWR Platform architecture, module structure, naming conventions, operational design, and accompanying documentation are proprietary works of AgriWorks Crop Solutions, LLC. No license, express or implied, is granted to any visitor by virtue of accessing this Site.

Trademarks. “POWR” and “POWR Platform” are trademarks of AgriWorks Crop Solutions, LLC. “AgriWorks” and “ACS Environmental” are trademarks of AgriWorks Crop Solutions, LLC. The names of POWR Platform modules — including but not limited to POWR Procurement, POWR Review, POWR Process, POWR Admin, POWR Matrix, POWR Rate, POWR Track, and POWR Slide — are trademarks of AgriWorks Crop Solutions, LLC. Other product and company names mentioned on the Site may be the trademarks of their respective owners and are used for identification purposes only.

Limited license to view. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for personal or internal business informational purposes. This license does not include any right to:

• Reproduce, republish, or redistribute Site content beyond what is permitted by standard browser caching and reasonable personal reference
• Modify, adapt, translate, or create derivative works of Site content
• Use Site content for any commercial purpose, including but not limited to training of machine learning models, except as expressly authorized in writing by AgriWorks
• Remove or alter any copyright, trademark, or other proprietary notice
• Frame, mirror, or otherwise present Site content as your own or as part of another website without our written authorization

Any use of the Site or its content not expressly permitted by these Terms is a breach of these Terms and may violate applicable law.

3. Prohibited uses

You agree not to:

• Use the Site in any way that violates any applicable federal, state, local, or international law or regulation
• Access or attempt to access any portion of the Site that is not intended to be publicly accessible
• Use any automated system, software, or process (including but not limited to robots, spiders, scrapers, crawlers, data mining tools, or harvesting tools) to access, monitor, or copy any portion of the Site or its content, except for search engines and public web archives operating in accordance with standard robots.txt directives
• Use the Site to train, fine-tune, or evaluate any machine learning model, large language model, or other artificial intelligence system, except as expressly authorized in writing by AgriWorks
• Submit false, misleading, or fraudulent information through any form on the Site
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Attempt to interfere with the security or proper functioning of the Site, including by introducing malware, attempting to overload the Site, probing for vulnerabilities, or circumventing any access controls
• Use the Site to transmit unsolicited advertising or other promotional material

We reserve the right to investigate suspected violations and to cooperate with law enforcement authorities in prosecuting violators.

4. Submissions

If you submit information through the Site, including through the signup form or by sending us correspondence, you represent that the information is accurate and that you have the right to submit it. We may use submitted information as described in our Privacy Policy. We will not treat any unsolicited idea, suggestion, or feedback you provide as confidential unless we expressly agree in writing to do so.

We have no obligation to act on any submission. If we choose to act on a submission, you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, and incorporate the submission into our products and services without further compensation or attribution to you.

5. Third-party links

The Site may contain links to third-party websites and services. We provide these links only as a convenience. We do not control, endorse, or assume responsibility for any content, products, or services available on third-party sites. Your use of any third-party site is at your own risk and subject to that site’s own terms and privacy practices.

6. Disclaimer of warranties

The Site and all content on it are provided “as is” and “as available,” without any warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by applicable law, AgriWorks disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy.

We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that any information on the Site is accurate, complete, or current. Information on the Site may include forward-looking statements about POWR Platform that reflect our current plans and that are subject to change.

7. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall AgriWorks Crop Solutions, LLC, its members, officers, employees, contractors, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for lost profits, lost data, business interruption, or loss of goodwill, arising out of or in connection with your access to or use of the Site, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with the Site shall not exceed one hundred U.S. dollars (US $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

8. Indemnification

You agree to indemnify, defend, and hold harmless AgriWorks Crop Solutions, LLC, its members, officers, employees, contractors, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your violation of any rights of any third party.

9. Termination

We may suspend or terminate your access to the Site at any time, for any reason or for no reason, without notice. Upon termination, your right to access and use the Site ceases immediately. Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

10. Governing law and venue

These Terms and any dispute arising out of or relating to them or to the Site shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict-of-laws principles. You agree that any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Honolulu, Hawaii, and you consent to the personal jurisdiction of those courts.

11. Changes to these Terms

We may revise these Terms from time to time. The “Last updated” date at the top reflects the most recent revision. Material changes will be communicated through the Site. Your continued use of the Site after revisions become effective constitutes your acceptance of the revised Terms.

12. Miscellaneous

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and AgriWorks regarding your use of the Site and supersede any prior agreements on the same subject matter. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. You may not assign these Terms; we may assign them at our discretion.

13. Copyright complaints

We respect the intellectual property rights of others and ask you to do the same. If you believe that material on the Site infringes a copyright you own or control, you may send a written notice to our designated agent containing the following information, as required by the Digital Millennium Copyright Act (17 U.S.C. § 512):

• Your physical or electronic signature;
• Identification of the copyrighted work you claim has been infringed;
• Identification of the material you claim is infringing, with enough detail for us to locate it on the Site;
• Your contact information, including your address, telephone number, and email address;
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.

Send copyright notices to our designated agent: AgriWorks Crop Solutions, LLC, Attn: Copyright Agent, Kaneohe, Hawaii, email legal@powrplatform.com. We may remove or disable access to material claimed to be infringing, and in appropriate circumstances we may terminate the access of users who are repeat infringers.

14. Contact

For questions about these Terms, contact:

AgriWorks Crop Solutions, LLC Kaneohe, Hawaii
Email: legal@powrplatform.com