TERMS & CONDITIONS
This is an agreement (“Agreement”) between Agrisim B.V.(“Agrisim”), the owner and operator of www.Agrisim.com, the Agrisim portal, the Agrisim software, the Agrisim mobile applications and you (“you,” “your” or “user(s)”), a user of our website or service. Throughout this document, the words “Agrisim”, “AGRISIM B.V,”, “us”, “we”, and “our”, refer to us, AGRISIM B.V. our site and service Agrisim.com (“Site” or “Service”), or our app, Agrisim (“App”), as is appropriate in the context of the use of the words.
Agrisim Description of Service
Agrisim provides online and mobile tools for farmers, individuals and companies.
We provide data, data analysis, record keeping, paperless tracking, scheduling and decision making tools. In addition, we provide resource management tools, weather updates and intelligent reports that helps better manage agricultural operations.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
- “Agreement” means these Terms of Service;
- “App” means the Agrisim application for mobile devices that we may make available through our Site or a third party app store or site, offering similar features to those available on our Site;
- “Service” refers to the services that we provide through our Site, as well as any Software and our App;
- “Site” refers to our website, www.Agrisim.com;
- “Agrisim” “us,” “we,” and “our,” refers to our company AGRISIM B.V. , our Site, App or our Service, depending on the context of the usage;
- “User” refers to you, those who use our Services, and general visitors to our Site;
- “You” refers to you, the person who is entering into this Agreement with AGRISIM B.V.
User Accounts and Personal Data
After registering, Agrisim will send you a confirmation link to approve your e-mail. We have the final discretion in granting accounts and reserve the right to reject users without explanation.
Your credit card information is not collected, stored and/or processed by us. We refer only your order number directly to payment service providers. We may at our discretion restrict, limit or revoke your ability to register or use Agrisim at any time.
Limited License and Use of Agrisim
When using any of our Site, Services or our App, we grant you a personal, limited, non-exclusive license to install and use our software or application. We may make our App available on our Site or elsewhere, such as a third party store dedicated to the promotion and sale of apps. You are given the right to download one copy of the App at the price listed, if any.
When you use A you are granted a license only for your personal use. This means that you cannot sell our Service or App anywhere else, share your license with anyone else, reverse engineer or otherwise attempt to copy our Service or App, or try and make money off of it without our express written permission. Even if we offer our Service or App for free or in a demo version, you must still abide by these provisions and not copy or otherwise use our App in a manner prohibited by this section. You obtain no ownership rights when you purchase any license, but are instead buying (or, in the case of a free or demo license, being given) a license to use our software or App within the confines of this Agreement.
When using our App, Site or Service, you assume full responsibility for your use and agree not to use it in ways not explicitly authorized by Agrisim. You are responsible for your use of our App, Site or Service, and for any use of the App, Site or Service, made using your account. You agree not to access, copy, or otherwise use the App, Site or Service, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Agrisim. By using our Site and Service you agree to the following:
You agree not to transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our reasonable opinion;
You agree to provide truthful and accurate content;
You agree not to violate any contract, rules or policies that govern the use of your mobile device, as directed by your wireless carrier and/or mobile device manufacturer;
You agree not to transmit any malicious or unsolicited software;
You agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
You agree not to violate any requirements, procedures, policies or regulations of networks connected to Agrisim;
You agree not to interfere with or disrupt Agrisim;
You agree not to hack, spam or phish us or other users;
You agree to act within the bounds of common decency when using our website;
You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
You agree not to transfer personal data of the third parties to our App, Site or Service without explicit consent from such third parties or other sufficient legal basis;
You agree not to collect or store personal information about other end users;
You agree to not violate any law or regulation and you are solely responsible for such violations;
You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our App, Site or any of our Services;
You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a thirty party’s website, such as by requesting its removal from a search engine;
You agree not infringe upon our intellectual property unless you have our permission to use it in the specific manner that you used it;
You are expressly prohibited from accessing Agrisim through a virtual private network or by proxy.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but Agrisim reserves the right to suspend or terminate any account at any time without notice or explanation.
Intellectual Property Rights
The design of the Agrisim Service along with Agrisim created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to AGRISIM B.V., subject to copyright and other intellectual property rights under law of England and foreign laws and international conventions. Agrisim reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.
When you send any content through Agrisim, you grant Agrisim and its affiliates, representatives and assigns a non-exclusive, fully-paid, perpetual, royalty-free, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your content and anything we may make with your content through Agrisim or any other medium currently invented or invented in the future.
We reserve the right to display advertisements in connection with your content, and to use your content to advertise and promote Agrisim.
We are not required to host, display, or distribute any content, and we may refuse to accept or transmit content, and may remove or delete content from Agrisim at any time.
Payment and Refunds
While registering for a Agrisim subscription you must submit a credit card for payment or pay via Paypal or pay through various payment methods that are provided by our payment service provider depending on availability on your country.
The price to use our Site, Service and App may vary. When paying please verify that you understand the price and the terms and conditions of payment. If you are purchasing an annual plan, please be aware that your credit card will be charged and automatically billed on a yearly basis without additional notice to you. We reserve the right to raise our yearly rates at any time; however, we will provide you with notice of the fee increase. We do not provide any refund for an annual subscription for the first year of purchase. It is only possible to cancel the subscription for the next year cycle.
Your credit card information is not collected, stored and/or processed by us. We refer only your order number directly to payment service providers that will prompt you for payment information.
Representations and Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Limitations on Liability
IN NO EVENT SHALL AGRISIM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT AGRISIM SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO TERMINATE USE OF OUR SITE. AGRISIM IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF ANY PRODUCTS PURCHASED FROM OUR SITE.
For your convenience, the following are some important details of this Agreement that affect your rights and remedies:
We take no responsibility and assume no liability for any user content that is posted, stored, uploaded, or transmitted to us, or for any loss or damages that may occur because such member content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity;
We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of Agrisim, whether arising in tort or contract, law or equity;
Your ability to use or interact with this website and service is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law at our sole discretion.
Agrisim shall not be liable for any other reason or for damages, even if we have been advised of the possibility of such damages. In the event that this clause is prohibited or restricted by applicable law, our liability shall be limited to the lowest legally required amount. Agrisim makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Agrisim, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Agrisim Site and Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Agrisim Service.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
Agrisim and its Services may only be used by persons 18 years and older. Agrisim in no way targets children, if you are under the age of 18 please do not use our Site and do not submit any information to us.
Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the Netherlands.
Forum of Dispute
Should it be impossible to resolve the dispute by means of negotiations, any dispute, controversy, or claim
arising out of, o run connection with this Agreement, including any questions regarding its existence,
validity or terminations, shell be referred to and finally resolved by solely by a court of competent
jurisdiction in Amsterdam, the Netherlands.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Agrisim shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Termination and Cancellation
We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Cancellation may result in the immediate deletion of any content that you have submitted to Agrisim, including your personal data. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.