Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Grungard Inc. (“Grungard,” “we,” “us,” or “our”) governing your access to and use of the Grungard SIMPro hardware device, the Grungard web and mobile applications, and the website located at us.grungard.com (collectively, the “Services”).

By activating a SIMPro device, creating an account, or otherwise using the Services, you agree to be bound by these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER (SECTION 18) THAT AFFECT YOUR LEGAL RIGHTS.

1. Eligibility

You must be at least 18 years old and legally capable of forming a binding contract in your jurisdiction to use the Services. The Services are intended for professional landscape contractors, municipal agencies, and property managers in the United States. Use outside the US is at your own risk and may not comply with local regulations.

2. Account Registration

To access certain features you must register for an account. You agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your credentials. Notify us immediately at [email protected] if you suspect unauthorized access.

We reserve the right to suspend or terminate accounts that violate these Terms, are inactive for an extended period, or are associated with fraudulent activity.

3. Grungard SIMPro Hardware

3.1 Purchase and Title

Title to SIMPro hardware passes to you upon delivery. Risk of loss passes to you when the carrier takes possession of the shipment. Hardware purchases are subject to our Starter Kit Terms provided at checkout.

3.2 Cellular Connectivity

SIMPro includes a built-in cellular SIM managed by Grungard. Cellular data service is provided under a subscription plan. You acknowledge that:

• Connectivity depends on third-party carrier network availability and may be interrupted or degraded in some locations.
• Grungard is not liable for outages caused by carrier infrastructure failures, natural disasters, or government-ordered network restrictions.
• Grungard may terminate or suspend your cellular service if your account is past due or if the device is used in violation of these Terms.

3.3 Firmware Updates

Grungard delivers over-the-air (OTA) firmware updates to SIMPro devices to introduce new features, improve performance, and address security vulnerabilities. You grant Grungard a right to push these updates to your device. Grungard will provide advance notice of significant updates except where a critical security patch requires immediate deployment. Refusing or blocking updates may impair device functionality and void your warranty.

3.4 Modifications and Tampering

You may not open, reverse-engineer, disassemble, or modify the SIMPro hardware or its embedded firmware. Tampering voids all warranties and may violate FCC rules governing radio devices.

4. License to Use the Services

Subject to these Terms, Grungard grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes in connection with operating SIMPro devices you have lawfully acquired.

You may not:

• Sublicense, resell, or otherwise transfer access to the Services to any third party.
• Use the Services to build a competing product or service.
• Scrape, data-mine, or systematically extract data from the platform without written consent.
• Circumvent, disable, or interfere with security features of the Services.
• Use the Services in a manner that violates any applicable law or regulation.

5. Acceptable Use

You agree to use the Services only for lawful purposes. Prohibited uses include, without limitation:

• Activating irrigation in violation of local water restrictions or ordinances.
• Attempting to gain unauthorized access to systems or networks connected to the Services.
• Uploading malicious code, viruses, or any content designed to disrupt the platform.
• Impersonating Grungard, another user, or any entity.
• Engaging in any activity that places an unreasonable load on our infrastructure.

6. Subscription Plans & Billing

Certain features and cellular data services are offered on a subscription basis. By subscribing, you authorize Grungard (or its payment processor) to charge your payment method on the applicable billing cycle. Subscriptions automatically renew unless cancelled before the renewal date. Fees are non-refundable except as required by law or as set forth in our Refund Policy.

We reserve the right to change subscription pricing with at least 30 days’ advance notice via email. Continued use after the price change takes effect constitutes acceptance of the new pricing.

7. Intellectual Property

All content on the Site and within the Services — including software, firmware, designs, trademarks, logos, and documentation — is the exclusive property of Grungard Inc. or its licensors and is protected by US and international intellectual property laws. Nothing in these Terms transfers ownership of any intellectual property to you.

Feedback or suggestions you submit about the Services may be used by Grungard without restriction or compensation to you.

8. Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9. Third-Party Services & Integrations

The Services may integrate with or link to third-party platforms (e.g., weather data providers, building automation systems, or SCADA networks). Grungard is not responsible for the availability, accuracy, or security of third-party services. Your use of such services is subject to the applicable third-party terms.

10. Warranties & Disclaimer

THE SERVICES AND HARDWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ALL TIMES OR THAT CELLULAR CONNECTIVITY WILL BE UNINTERRUPTED.

LIMITED HARDWARE WARRANTY: SIMPro hardware is warranted against defects in materials and workmanship for two (2) years from the date of purchase. This warranty does not cover damage resulting from accident, misuse, unauthorized modification, or environmental conditions outside the device’s rated specifications.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GRUNGARD’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100). IN NO EVENT WILL GRUNGARD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR PROPERTY DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnification

You agree to defend, indemnify, and hold harmless Grungard Inc. and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of your use of the Services, your violation of these Terms, or your infringement of any third-party right.

13. Term and Termination

These Terms remain in effect until terminated. You may terminate at any time by closing your account and ceasing all use of the Services. We may suspend or terminate your access immediately if you breach these Terms or if we discontinue the Services. Upon termination, all licenses granted hereunder will immediately cease. Sections that by their nature should survive termination (including Sections 10, 11, 12, 15, 16, 17, and 18) will survive.

14. Modifications to the Services and Terms

We may modify the Services or these Terms at any time. Material changes to these Terms will be communicated via email or a prominent notice on the Site at least 15 days before they take effect. Your continued use of the Services after changes become effective constitutes acceptance.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You consent to exclusive jurisdiction and venue in the state and federal courts located in Delaware for any disputes not subject to arbitration.

16. Export Compliance

You agree to comply with all applicable US and international export control laws and regulations. You may not export, re-export, or transfer any Grungard product or technology to any country, entity, or person restricted or prohibited by US export laws without the appropriate government authorization.

17. Severability & Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with our Privacy Policy and any order documentation, constitute the entire agreement between you and Grungard with respect to the Services and supersede all prior agreements and understandings.

18. Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR RIGHTS TO PURSUE CLAIMS IN COURT.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally within 30 days of written notice will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may seek injunctive relief in court for intellectual property violations.

Class action waiver: You waive any right to bring or participate in a class action, consolidated, or representative proceeding. Arbitration will be conducted on an individual basis only.

This section does not apply to users located in the EEA or UK, where mandatory consumer protection laws prevail.

19. Contact

Questions about these Terms? Reach us at:

Grungard Inc.
Email: [email protected]
Website: us.grungard.com