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TerraRack Terms of Use and End User License Agreement

Effective Date: October 5, 2026

These Terms of Use and End User License Agreement (the “Terms”) are a binding agreement between you and City Fish LLC, a Wyoming limited liability company (“City Fish,” “TerraRack,” “we,” “us,” or “our”). These Terms govern your access to and use of the TerraRack mobile application (the “App”), the TerraRack website (the “Site”), and the information, recommendations, features, content, and services made available through them (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY. BY DOWNLOADING, ACCESSING, PURCHASING, OR USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

1. Eligibility and Scope.

The Services are intended for individuals who are at least 18 years old and located in the United States. By using the Services, you represent that you are at least 18 and have legal capacity to enter into these Terms. The current Site is informational and does not provide account access or the full functionality of the App. We may modify, expand, limit, or discontinue features of the Services from time to time.

2. TerraRack Service; Decision-Support Tool.

TerraRack is a land, habitat, and planting decision-support tool. Based on information you provide and information obtained from third-party or modeled environmental sources, TerraRack may generate location-specific planting recommendations, timing windows, crop or seed recommendations, sequencing, risk indicators, management strategies, reminders, or other planning information (collectively, “Recommendations”).

Recommendations are generated from available inputs and may change as inputs, environmental conditions, data sources, models, or TerraRack functionality change. TerraRack does not inspect your property, test your soil, control local conditions, or independently verify all information supplied by you or third parties.

3. Important Agronomic, Environmental, and Field-Condition Disclaimer.

TERRARACK PROVIDES INFORMATIONAL AND DECISION-SUPPORT SERVICES ONLY. THE SERVICES AND RECOMMENDATIONS ARE NOT PROFESSIONAL AGRONOMIC, AGRICULTURAL, ENGINEERING, ENVIRONMENTAL, VETERINARY, WILDLIFE-MANAGEMENT, LEGAL, SAFETY, OR REGULATORY ADVICE, AND THEY ARE NOT A SUBSTITUTE FOR SITE-SPECIFIC INSPECTION, TESTING, PROFESSIONAL JUDGMENT, PRODUCT LABELS, OR APPLICABLE LAW.

Actual conditions may differ materially from modeled, estimated, historical, forecast, or user-reported conditions. Among other things, soil temperature, moisture, pH, fertility, sunlight, weather, frost timing, browse pressure, wildlife activity, topography, drainage, seed performance, germination, and planting conditions can vary within a ZIP code and within a single property or plot.

You are solely responsible for evaluating whether a Recommendation is appropriate for your property and circumstances; confirming local field and weather conditions; reviewing and following seed, fertilizer, herbicide, pesticide, equipment, and other product labels and instructions; operating equipment safely; obtaining any required permits or approvals; and complying with applicable federal, state, and local laws and regulations. Do not use the Services for safety-critical decisions or in circumstances where an inaccurate, delayed, or incomplete Recommendation could reasonably be expected to cause personal injury or material property damage.

WE DO NOT GUARANTEE GERMINATION, YIELD, CROP PERFORMANCE, WILDLIFE ACTIVITY, ANIMAL SIZE OR HEALTH, HUNTING SUCCESS, SOIL IMPROVEMENT, HABITAT OUTCOMES, PROFITABILITY, OR ANY OTHER PARTICULAR RESULT.

4. Accounts and Account Security.

Certain App features require an account. You may create an account using an email address and password or supported third-party authentication, including Sign in with Apple or Sign in with Google. You agree to provide accurate information, maintain the confidentiality of your credentials, and promptly notify us of suspected unauthorized access. You are responsible for activity occurring through your account to the extent permitted by law. Third-party sign-in services are provided by the applicable third party and are also subject to its terms and privacy practices. We do not control those services.

5. Information You Provide.

To generate and improve Recommendations and provide the Services, the App may request information such as your ZIP code, plot size, available equipment, soil pH, goals, estimated deer or browse pressure, and sunlight conditions. You are responsible for the accuracy and completeness of information you submit. Inaccurate or incomplete inputs may materially affect Recommendations. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, analyze, and use information you submit as reasonably necessary to provide, maintain, secure, troubleshoot, and improve the Services and as otherwise described in our Privacy Policy. This license does not transfer ownership of your information to us.

6. Annual Access Purchase; App Store and Google Play.

Paid access to the App is offered on an annual basis. The price, access period, renewal terms (if any), and other purchase terms presented to you at checkout through the Apple App Store or Google Play are incorporated into these Terms. Purchases are processed through the applicable app marketplace, with subscription and entitlement infrastructure supported by third-party service providers. We do not directly receive or store your full payment-card information for marketplace purchases.

Billing, cancellation, renewal, refund, and payment-dispute matters are generally governed by the rules and settings of the marketplace through which you purchased access. Except where required by applicable law or the applicable marketplace’s rules, amounts paid are non-refundable. Deleting the App or your TerraRack account does not necessarily cancel an active marketplace purchase or renewal; you must manage the purchase through the applicable Apple or Google account settings.

We may change pricing or available plans prospectively. Any change affecting an existing purchase will be implemented subject to applicable law and marketplace requirements.

7. Notifications.

If you opt in, TerraRack may send push notifications or other permitted communications relating to your account, Recommendations, environmental or planting conditions, product functionality, or service updates. Notifications may be delayed, incomplete, or inaccurate and should not be your sole source of time-sensitive information. You can manage push permissions through your device settings and other communications through the methods made available in the applicable message or Service.

8. Limited License.

Subject to these Terms, City Fish grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use one copy of the App on devices that you own or control, solely for your personal, non-commercial use of the Services during the period in which you have authorized access.

The App is licensed, not sold. Except for the limited license above, City Fish and its licensors reserve all right, title, and interest in and to the Services and all related technology and intellectual property.

9. Proprietary Technology and Restrictions.

The Services include proprietary methods, logic, scoring systems, rules, models, databases, workflows, recommendation methodologies, software, interfaces, designs, compilations, and other technology, including the TerraRack environmental intelligence and planning engine (collectively, “TerraRack Technology”). TerraRack Technology may be protected by patent, copyright, trade secret, trademark, contract, and other laws. You may not, and may not permit any third party to:

Nothing in these Terms grants any license to TerraRack Technology for enterprise, API, white-label, embedded, commercial, or other third-party use. Any such use requires a separate written agreement with City Fish or the applicable rights holder.

10. Acceptable Use.

You agree not to misuse the Services or use them unlawfully. Without limitation, you may not attempt unauthorized access to accounts or systems; introduce malware or harmful code; disrupt the Services; impersonate another person; submit information you do not have the right to provide; use the Services to violate law or third-party rights; or use the Services in a manner that creates unreasonable security, operational, or legal risk.

11. Third-Party Services and Data.

The Services depend in part on third-party platforms, authentication providers, app marketplaces, hosting and database providers, analytics providers, purchase and entitlement infrastructure, communications services, and environmental or weather data sources. Third-party services and data may be unavailable, delayed, inaccurate, incomplete, or changed without notice. Your use of third-party services may be subject to separate terms and privacy policies. We do not warrant or control third-party services or data and are not responsible for outages, errors, changes, or acts or omissions of third parties, except to the extent responsibility cannot be excluded under applicable law.

12. Intellectual Property; Feedback.

The Services, TerraRack Technology, software, text, graphics, interfaces, logos, trademarks, and other content provided by or on behalf of City Fish are owned by City Fish or its licensors and are protected by applicable intellectual property laws. “TerraRack” and associated names and marks may not be used without prior written permission. If you voluntarily provide ideas, suggestions, comments, or other feedback about the Services (“Feedback”), you grant City Fish a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable right to use, reproduce, modify, commercialize, and exploit the Feedback without restriction or compensation, provided that this does not authorize us to publicly identify you as the source without permission.

13. Changes to the Services and Terms.

We may update the Services and these Terms from time to time. If we make material changes to these Terms, we will provide notice as required by law, such as through the App, Site, or account email. The “Effective Date” above will identify the current version. Your continued use after an updated version becomes effective constitutes acceptance to the extent permitted by law. If you do not agree to a material change, you should stop using the Services.

14. Suspension and Termination.

You may stop using the Services at any time and may delete your TerraRack account using the deletion functionality provided in the App. We may suspend or terminate access if you materially violate these Terms, misuse the Services, create a security or legal risk, fail to maintain required paid access, or if we discontinue the Services. Where appropriate and reasonably practicable, we may provide notice before suspension or termination. Termination does not affect provisions that by their nature should survive, including provisions concerning ownership, restrictions, disclaimers, limitations of liability, indemnification, dispute terms, and accrued rights. Account deletion is addressed further in the Privacy Policy.

15. Disclaimer of Warranties.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, RECOMMENDATIONS, AND ALL CONTENT AND DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. CITY FISH DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS; THAT DATA OR RECOMMENDATIONS WILL BE ACCURATE, COMPLETE, CURRENT, OR SUITABLE FOR A PARTICULAR PROPERTY OR PURPOSE; OR THAT ANY PARTICULAR RESULT WILL BE ACHIEVED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CITY FISH AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; CROP OR SEED LOSS; LOST YIELD; SOIL OR PROPERTY DAMAGE; EQUIPMENT DAMAGE; WILDLIFE OR HUNTING OUTCOMES; OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF CITY FISH AND THE OTHER PARTIES IDENTIFIED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

The exclusions and limitations above apply regardless of the theory of liability and even if a remedy fails of its essential purpose. They do not limit liability that cannot lawfully be excluded or limited, including any non-waivable consumer rights.

17. Indemnification.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless City Fish and its affiliates, licensors, officers, directors, members, employees, and agents from and against third-party claims, damages, liabilities, judgments, losses, and reasonable costs and attorneys’ fees arising from your unlawful or unauthorized use of the Services, your material breach of these Terms, or your violation of a third party’s rights. This section does not require indemnification for claims caused by City Fish’s own negligence, willful misconduct, or violation of law to the extent such limitation is required by applicable law.

18. Governing Law; Venue; Class Action Waiver.

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law principles, except to the extent the law of your state of residence provides non-waivable consumer protections. Subject to any non-waivable right to bring a claim elsewhere, you and City Fish consent to the exclusive jurisdiction of the state and federal courts located in the State of New York for disputes arising out of or relating to these Terms or the Services.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND CITY FISH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. This waiver does not apply where prohibited by law.

19. Apple-Specific Terms.

If you download or use the App on an Apple-branded device, the following additional terms apply. These Terms are between you and City Fish, not Apple Inc. (“Apple”), and City Fish, not Apple, is solely responsible for the App and its content. The license granted to you is limited to a non-transferable license to use the App on Apple-branded products that you own or control and as permitted by the Apple Media Services Terms and Conditions, including applicable Family Sharing or volume purchasing rules.

Apple has no obligation to furnish maintenance or support services for the App. To the extent any warranty exists under applicable law and the App fails to conform to it, you may notify Apple and Apple may refund the purchase price, if any, paid to Apple for the App; to the maximum extent permitted by law, Apple has no other warranty obligation. City Fish, not Apple, is responsible for addressing claims relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection, privacy, or similar laws. City Fish, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim relating to the App.

You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country and are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have the right to enforce the Apple-specific provisions against you as a third-party beneficiary.

20. Miscellaneous.

These Terms and the Privacy Policy constitute the entire agreement between you and City Fish concerning the Services, except for any additional written terms expressly agreed by City Fish. If a provision is unenforceable, it will be enforced to the maximum extent permitted and the remainder will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; City Fish may assign them in connection with a reorganization, financing, merger, acquisition, sale of assets, or transfer of the TerraRack business or technology. Headings are for convenience only.

21. Contact.

Questions about these Terms may be directed to:

City Fish LLC 30 N Gould St, Suite R Sheridan, Wyoming 82801 Email: [email protected]