Terms of Use

Please read the following Terms of Use carefully. By using this Exact Farming website («Website»), you, being a user (hereinafter the «User»), acknowledge that the User has read the following Terms of Use and agreed to be bound by them as may be amended by, from time to time, and posted on this Website. If the User does not agree to these Terms of Use do not use the Website.
These Terms of Use are effective as of January 11, 2018.

Legal Name and Address.
The Exact Farming website is owned and operated by Exact Farming, Inc., a Delaware corporation having an address of Suite 201, 910 Foulk Rd., County of New Castle, Wilmington, DE, 19803 and all of its affiliates (collectively, the «Company»).

Service’s Description.
The Exact Farming website is a part of ЕxactFarming service (the «Service») software system. With the relevant mobile application («MobileApp») and production data («Production data») this Website intends to manage the production of agricultural products.

The Website is available at https://www.exactfarming.com (including subdomains at *.exactfarming.com).

MobileApp is part of the Service, is installed on smartphones, tablets and other mobile devices and available for download in GooglePlay or AppStore (ExactFarming, Works EF, EF Scouting).

Production data are information, materials of any kind, documents, graphics, photos and all other content to be loaded by the User on the Service («User’s Production data»), as well as the data generated by the Website and/or MobileApp for the User («Generated Production data») while access to and using Website and/or MobileApp.

In order to use the Website, the User must obtain access to the Internet, either directly or through devices that access web-based content.

The User can be free to browse the Website, use content, data, materials (hereinafter jointly the “Content”)  displayed on the Website and/or print them (where and if applicable) for non commercial and personal use, the User free to use and/or print all data, materials and derivative materials created based on the Service, the User’s Production data and/or Generated Production data for personal use or business activities.
The User may not, however, sell, reverse engineer, distribute, modify, transmit, reuse, repost, use, or create derivative works based on the Content displayed on the Website in whole or in part for any purpose, without written permission from the Website Administration.

Basic Terms of Use.
The User may use the Website to conduct any actions associated with the Service’s operation free of charge and in accordance with its goals.
It is recommended to discover a User manual previously the start to use the Website.
The Website Administration may also provide the Service on a reimbursable basis that is subject to the separate agreement.
Advice and technical support while using the Service, the Website or MobileApp are granted. Scope, support extent, the timing of responses, ways of communication are unilaterally determined by the Website Administration.
Both the Website and the Service are integrated with various third parties’ resources, including intelligence resources, weather, newsletters, and data satellites. Neither the Service nor the Website is responsible for their functionality, availability, reliability, reliability.

Personal data and the User’s Production data.
Privacy Policy informs about the types of information the Website gathers when register and visit the Website and how to process them.
The User is an only owner of the entire the User’s Production data and is solely responsible for them and other content (i.e., information, data text, graphics, video or messages or other) uploaded by the User to the Website or MobileApp or otherwise transmit.
The Website Administration provides basic information security to the User’s Production data.
The Website Administration is not entitled to provide an access or transfer the User’s Production data to a third party with excepting of the following cases:
(a)     If the Website Administration receives a consent or the User’s instruction to make such an action
(b)     If the Website gets a request from law enforcement or judicial authorities.

When using the Website, the User agrees to:
(c)     Provide true, accurate, current and complete information about the User and
(d)     Maintain and promptly update the User’s information as needed to keep it true, accurate, current, and complete.

If the User provides any information that is untrue, inaccurate, not current, or incomplete or the Website Administration has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Website Administration has the right to suspend and refuse any and all of the User’s current or future use of the Website.
The User is solely responsible for all the User’s production data and content (i.e., information, data text, graphics, video or messages or other) uploaded by the User to the Website or MobileApp or otherwise transmit.

Restricted Actions.
The User is prohibited from:
(a)     Upload the User’s Production data which contains any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, harassing, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
(b)     Using the Service and the User Manual by means not expressly provided.
(c)     Providing access to the User’s account on a reimbursable basis.
(d)     Modifying, adapting, translating, creating derivative works on a base of the Website, Generated Production data, the User Manual or MobileApp without the consent of the Website Administration.
(e)     Making attempt to circumvent any technical restrictions and limitations.
(f)     Decompiling, disassembling, decrypting and performing any other actions with the source code both the Website and MobileApp.
(g)     Uploading dummy data via the download interface and creating an artificial load.
(h)     Using bots (a special program that runs automatically and/or on the schedule any actions via the interfaces).

Website Administration keeps confidentially for all information, text, photos, data, materials (where and if applicable) uploaded by the User to the Website, as well as the User’s Production data.
The User agrees not to upload the User’s Production data which contains any confidential information (if  the User if not a legal owner of such information). While using the Service, the User also agrees not to upload and/or use any software viruses.
The User acknowledges that the Website does not pre-screen any the User’s Production data uploaded  by the User.

The Website Administration Functions.
The Website Administration may:
(i)     Unilaterally, from time to time, modify and update the Service, the Website and Generated Production data.
(j)     Limit the use of certain functions of the Service to all or specific categories of the Users or restrict the placement of certain information.
(k)     Return to the User access to the personal account in case of breaking, loss or change login/password when requested by the User and information uniquely identifies the identity of the User’s account.
(l)     Notify the User about changes in the Service, MobileApp, the Website or Generated production data via e-mail or by notifications placed in the User’s personal account.
(m)     Provide the right to use the Service all day, every day, except during the preventive maintenance of no more than 24 hours per month.
(n)     Eliminate possible software bugs in the Service if it is technically possible.

Intellectual Property.
Both the Company and the Website reserves its rights in all Generated Production data, MobileApp, other intellectual property contained in the Website (design, graphics, algorithms, source codes, manuals). The User is advised that the Company and/or the Website Administration will enforce its intellectual property rights to the fullest extent of the law, which may include, without limitation, the seeking of criminal prosecution. Examples are listed below.
(a)     Copyright Information.
The User should assume that all content available, seeing or reading on the Website (besides the User’s Production data) is copyright-protected unless otherwise noted, and may not be used except as provided in these Terms of Use. All other use shall require the written permission of the Website Administration.
(b)     Use of images.
Images or video shorts with images of people or places (where applicable) displayed on the Website (besides images uploaded by the User as the User’s Production data)are either the property of, or used with permission by the Website Administration. The use of these images by the User, or anyone else authorized by the User, is prohibited unless specifically permitted by these Terms of Use.
(c)     Trademark information.
The trademarks, logos, and service marks displayed on the Website are registered and common law trademarks of the Company and the Website (collectively the «Trademarks»). Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the written permission of the Company or the Website Administration.

Disclaimer.
The Website or the Company makes no warranties or representations as to the accuracy of content on the Website. The Website or the Company assumes no liability or responsibility for any errors or omissions in the content or operation of the Website.

Disclaimer of warranties.
Use of and browsing on the Website are at the User’s risk. The User understands and agrees that the Website, the Service or Company assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications, payments or personal settings.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE SHALL THE WEBSITE, the SERVICE OR THE COMPANY, ANY OF ITS AFFILIATES, ITS AND THEIR BOARD, OFFICERS AND EMPLOYEES, ITS AUTHORIZED AGENTS AND CONTRACTORS, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF the USER’S ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE AND/OR SERVICE EVEN IF THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to the User.
The Website and the Company also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect the User’s computer equipment or other property on account of the User’s access to, use of, or browsing in the Website or the User’s downloading of any materials, data, text, images (where and if applicable) from the Website.

Termination.
The Website Administration may, in its sole discretion, terminate the User’s password, account (or any part thereof) or use of the Website, or remove and discard any communication transmitted by the User, or information stored, sent, or received via the Website without prior notice and for any reason, including, but not limited to: (i) any violation of the terms and conditions of these Terms of Use or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through the Website, (ii) tampering with or alteration of any of the Website, software and/or Generated Production data contained in, or accessed through the Website. The User may terminate the access hereunder upon ten (10) days written notice by the User to Website of the User’s intent to terminate these Terms of Use. Termination, suspension, or cancellation of these Terms of Use or the User’s access rights shall not affect any right or relief to which Website or Company may be entitled, at law or in equity. Upon termination of these Terms of Use, all rights granted to the User will automatically terminate.

Governing law.
These Terms of Use shall be construed in accordance with and governed by the laws of Delaware and the United States, without reference to rules regarding conflicts of law.

Minimum age.
The User must be at least 18 years old to access and participate on this Website. Each User guarantees and warrants the User is at least 18 years old and are able to enter into this Terms of Use from a legal perspective.

Contacts.
If the User has any questions or concerns about these Terms of Use, please send an e-mail to info@exactfarming.com and note «Terms of Use» in the subject line.

General information.
This constitutes the entire agreement between the User and the Website regarding its use. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

The Website may at any time revises these Terms of Use by updating this posting. The User is bound by any such revisions and should therefore periodically visit the Website to review the current Terms of Use. The failure of the Website to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such provision.