1. Acceptance of Terms
By accessing or using the WHM Command application (the "App") operated by World Honey Market, LLC ("WHM," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.
2. Eligibility
You must be at least 13 years of age to use the App. By using the App, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into these Terms. If you are using the App on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.
3. Account Creation
To access certain features, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your 4-digit PIN and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. WHM is not liable for any loss arising from unauthorized use of your account.
4. User Responsibilities
When using the App, you agree to:
- Provide accurate colony counts, yard data, and operational information
- Maintain truthful records for federal program compliance (ELAP, EQIP, NAP)
- Use the marketplace features honestly and in good faith
- Comply with all applicable local, state, and federal laws
- Keep your account credentials secure and not share them with unauthorized persons
- Report any bugs, vulnerabilities, or unauthorized access promptly
5. Prohibited Uses
You may not use the App to:
- Submit false or misleading data, including fraudulent colony counts or compliance records
- Violate any applicable law or regulation, including USDA program requirements
- Interfere with or disrupt the App's functionality or servers
- Attempt to gain unauthorized access to other user accounts or systems
- Reverse-engineer, decompile, or disassemble any part of the App
- Use automated systems (bots, scrapers) to access the App without permission
- Harass, threaten, or harm other users through messaging or community features
- Misrepresent honey origin, quality, or traceability data on the marketplace
6. Intellectual Property
The App, including all content, features, functionality, design, graphics, logos, and software, is owned by World Honey Market, LLC and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any part of the App without our express written consent. Your use of the App does not grant you ownership of any intellectual property rights in the App or its content.
7. User Content
You retain ownership of data and content you submit to the App (colony records, yard data, photos, etc.). By submitting content, you grant WHM a non-exclusive, worldwide, royalty-free license to use, store, and process that content solely for the purpose of providing and improving the App's services. We may use aggregated, anonymized data derived from your usage for analytics and industry research purposes.
8. Federal Program Disclaimers
WHM provides tools to assist with federal program enrollment and compliance tracking (ELAP, EQIP, NAP, API Insurance, LIP). However, WHM is not a government agency and does not guarantee eligibility, approval, or payment from any federal program. Estimated benefit calculations are approximations only. You are solely responsible for the accuracy of information submitted to government agencies. WHM is not liable for any denied claims or compliance failures.
9. Marketplace Terms
The WHM marketplace connects buyers and sellers of honey and related products. WHM facilitates these transactions but is not a party to any sale. Sellers are responsible for the accuracy of product listings, quality, and compliance with food safety regulations. Buyers acknowledge that WHM does not guarantee product quality beyond the traceability data provided.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHM 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 LOSS OF PROFITS, DATA, COLONY LOSSES, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO WHM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
11. Disclaimer of Warranties
THE APP 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. WHM DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
12. Indemnification
You agree to indemnify, defend, and hold harmless WHM and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the App, your violation of these Terms, or your violation of any rights of a third party.
13. Dispute Resolution
Any dispute arising from these Terms or your use of the App shall first be resolved through good-faith negotiation. If the dispute cannot be resolved informally within 30 days, it shall be submitted to binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the State of Florida. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Florida.
15. Termination
We may suspend or terminate your access to the App at any time, with or without cause, and with or without notice. Upon termination, your right to use the App ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property, limitation of liability, indemnification, and dispute resolution.
16. Modification of Terms
WHM reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms within the App and updating the "Last Updated" date. Your continued use of the App after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the App.
17. Contact Information
For questions about these Terms of Service, please contact us:
