Terms of Service

These Terms of Service ("Terms") govern your use of the GrainGenius application and website (graingeniusapp.com), operated by OptimalAI ("we," "us," or "our"). By using GrainGenius, you agree to these Terms.

1. Nature of the Service

GrainGenius provides grain marketing benchmarking tools, including sell signal indicators, price scores, elevator bid comparisons, weather data, and crop insurance calculators. All information, signals, scores, and analysis provided through GrainGenius are:

• Informational and educational only — not personalized investment advice
• Benchmarking tools — designed to help you evaluate your marketing decisions against historical patterns
• Not recommendations — we do not tell you when, how, or whether to sell your grain

2. NOT a Commodity Trading Advisor

OptimalAI is not registered as a Commodity Trading Advisor (CTA) with the Commodity Futures Trading Commission (CFTC) or the National Futures Association (NFA). GrainGenius does not provide:

• Personalized trading recommendations based on your specific situation
• Advice on specific trades, contracts, or positions
• Portfolio management or advisory services

The sell signals, scores, and analysis in GrainGenius are generated from fixed algorithms applied uniformly to all users. They are benchmarking and educational tools, not personalized advice.

3. No Guarantee of Performance

Past performance does not guarantee future results.

Any historical performance data shown in GrainGenius, including the backtest results showing approximately $172/acre combined returns ($116/acre corn, $81/acre soybeans) over a 20-year simulation period, are based on historical simulations using hypothetical trades, not actual trading results. These simulations:

• Do not account for transaction costs, basis risk, or execution slippage
• Assume perfect execution at trigger prices, which may not reflect real-world conditions
• Were calculated using historical data that may not predict future market behavior
• Do not represent actual returns achieved by any user

4. Your Responsibility

You are solely responsible for your own grain marketing and trading decisions. By using GrainGenius, you acknowledge that:

• You make all marketing decisions independently
• You should consult with qualified financial, legal, and agricultural advisors before making trading decisions
• Grain marketing involves substantial risk of loss
• We are not responsible for any decisions you make based on information in GrainGenius

5. Account & Subscription

• You must be at least 18 years old to use GrainGenius
• You are responsible for maintaining the security of your account credentials
• Free tier features are available at no cost; premium features require a paid subscription
• We reserve the right to change pricing, features, and subscription terms at any time with reasonable notice
• You may cancel your subscription at any time

6. Acceptable Use

You agree not to:

• Use GrainGenius for any unlawful purpose
• Attempt to reverse-engineer, scrape, or extract our algorithms or data
• Share your account with others or resell access
• Interfere with the operation of the service
• Misrepresent GrainGenius data as personalized advice to third parties

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIMALAI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Trading or financial losses of any kind
• Lost profits or revenue
• Loss of data
• Business interruption

Our total liability to you for any claims arising from your use of GrainGenius shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

GrainGenius is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Indemnification

You agree to indemnify and hold harmless OptimalAI from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of GrainGenius or your violation of these Terms.

9. Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause, with or without notice. You may delete your account at any time. Upon termination, your right to use the service ceases immediately. We will delete your data upon request in accordance with our Privacy Policy.

10. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated through the app or via email. Your continued use of GrainGenius after changes take effect constitutes acceptance of the updated Terms.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law provisions.

12. Dispute Resolution

Any disputes arising from these Terms or your use of GrainGenius shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in the State of Nebraska, in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or to participate in a class action.

13. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

14. Contact Us

Questions about these Terms? Contact us at:

OptimalAI
Email: tim@graingeniusapp.com
Website: graingeniusapp.com