FARM-APPS INC. SOFTWARE END USER LICENCE AGREEMENT
Thank you for selecting Field Tracker Pro offered by Farm-Apps Inc. for use in your farming business. Please review these licence terms (“Agreement”) thoroughly before first use of this app. This Agreement is a binding legal agreement between you and Farm-Apps Inc.. By tapping “I Agree”, indicating acceptance electronically, you agree to the Terms of Service as specified in this Agreement. If you do not wish to accept this Agreement, tap “I Disagree” and you will be disconnected from the app.
“You” or “Your” means you or the legal entity that you represent and on whose behalf you have the legal authority to bind that organization. If you have authorized any other person or legal entity to access your data as a manager, editor, or viewer, you have agreed that you accept legal responsibility for these other authorized persons and that all parties are bound by the terms of service that you have accepted.
“We” or “our” refer to Farm-Apps Inc. and all owners, partners, and authorized personnel of Farm-Apps Inc.
“App” refers to the software known as Field Tracker Pro.
“Content” refers to all information that you have recorded in the app, either during the Trial Period (see section detailing the Trial version of this app for the definition) or during the licence period.
“Licence Period” refers to the time of use for which you have purchased a full operational version of the app.
TERMS OF SERVICE
You agree to be bound by the TERMS OF SERVICE. If you are using the Services on behalf of a legal entity, you are agreeing to these Terms for that entity and stipulating that you have the authority to bind that entity to these terms.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Farm-Apps Inc. and are not barred under any applicable laws from doing so. The Services available through Field Tracker Pro may continue to change over time as we upgrade the app and add more features.
You are the sole owner of the content created and entered into Field Tracker Pro. You, and not Farm-Apps Inc., are responsible for maintaining and protecting all of your content on all devices on which you have entered said data.
You are responsible for adhering to any applicable privacy legislation, including (but not limited to) ensuring you have obtained permission from any entity you represent with respect to inputting or accessing data on its behalf.
You are responsible for safeguarding the password that you use to access the Services and you agree that the disclosure of this password to any third party is your sole responsibility.
You are responsible for any activity occurring on your account, whether or not you authorized that activity. You should immediately notify Farm-Apps Inc. of any unauthorized use of your account. Farm-Apps Inc. will not be liable for any loss or corruption of your data in consequence of any damage to any device you have used to input or access your data, no matter how such damage was incurred.
You are responsible for the content posted on your account by you or your authorized users.
You agree not to use the app for illegal purposes.
Farm-Apps Inc. will use its best efforts to safeguard all data stored in our database or other repositories which may be in various locations throughout the world.
Farm-Apps Inc. will adhere to any privacy legislation promulgated in the Province of Ontario or by the Government of Canada.
When registering for a licence or Trial Version of the app, you may be asked for your name, mailing address, phone number, and/or email address.
Farm-Apps Inc. will not share, rent, sell, exchange, transfer, donate, or otherwise divulge this personal information to any other party for any reason whatsoever, without your express written consent.
CONSENT TO USE AND STORE CONTENT
By recording content on the app you consent to the collection and storage of your personal data by Farm-Apps Inc. and all content on our company databases and other repositories, wherever located, for the purposes of making this content available for your own use exclusively.
Farm-Apps Inc. will not share, sell, exchange, transfer, donate, or otherwise make available, your personal content with any third party without your express written authorization.
TRIAL VERSIONS AND BETA FEATURES
If you registered for a trial use of the app with a 30 day window of opportunity (the “Trial Period”), you must decide to purchase a licence within the Trial Period in order to retain any content that you have entered into the app, created within the app data file, posted, or uploaded during the Trial Period.
If you do not purchase a license by the end of the Trial Period, your Content will no longer be available to you.
To be very clear, after using the app during the Trial Period, if you decide not to purchase the licence to the full operational version of the app, you will not be able to access or retrieve any of the data you added or created with the app during the Trial Period.
USE OF THE APP
Content is generated over the course of using Field Tracker Pro. This content is your personal information and will generally be information specific to your farming operation.
Farm-Apps Inc. does not provide any advice, suggestions, or recommendations with respect to any of your farming operations. The sole purpose of this app is to facilitate the collection and storage of information which you have entered as content and to make this content available for only you or your authorized users to retrieve whenever you deem it necessary.
You may use this content in any manner you deem appropriate for the management of your farming operation provided such use is not illegal under any applicable laws in Canada.
The use of this app does not grant you any right, title, or interest in Field Tracker Pro or in any other property owned by Farm-Apps Inc.
In the event that Farm-Apps Inc. discontinues the program and related content as noted under the second paragraph in the subsection on Termination of this Licence Agreement, Farm-Apps Inc. will post an online notification at least 30 days prior to such discontinuance and offer its best efforts to enable you to preserve and record your existing content prior to discontinuance.
TERMINATION OF THIS LICENCE AGREEMENT
Farm-Apps Inc. may immediately and without notice terminate this Agreement or suspend or terminate the licence to the app if you fail to comply with these terms or if you no longer agree to continue paying all fees applicable to the use of the app or you withdraw your consent to the collection, use, retention, and disclosure of your personal data in accordance with applicable privacy legislation. In the event of any violation of the terms of this Agreement, Farm-Apps Inc. reserves the right to pursue all legal avenues or remedies.
Farm-Apps Inc. reserves the right to remove the app from public use and discontinue the program and content for any reason when, at its sole discretion, Farm-Apps Inc. deems it to be impractical to continue to offer the Service. Farm-Apps Inc. will not terminate this agreement until the anniversary date of any subscription, excepting only termination or suspension taken as a consequence of actions noted in the prior paragraph with respect to payment of fees, withdrawal of consent, or violation of the terms of this Agreement.
In either case of termination, there will be no refunds of all or a portion of annual or longer subscription fees. Any termination of the service caused by failure to adhere to the terms of service will be deemed to be a forfeiture of any and all paid subscription fees. In the case of termination due to a withdrawal of the app from public use as noted in the previous paragraph, Farm-Apps Inc. will continue to provide services in lieu of a refund until the anniversary date of an existing subscription.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada without regard to its conflicts of laws provisions. Except where prohibited by applicable consumer protection legislation or where such consumer protection legislation provides for recourse to provincial or territorial courts, you and Farm-Apps Inc. agree to the exclusive jurisdiction of the Province of Ontario. Farm-Apps Inc. does not represent that the app is appropriate or available for use in all countries. You are using this app on your own initiative and you are responsible for compliance with all applicable laws.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
Farm-Apps Inc. has made every effort to provide accurate and reliable services to facilitate the storage and use of your content. Farm-Apps Inc. is not responsible or liable for the availability, accuracy, or reliability of the content you have recorded in the app.
Farm-Apps Inc. does not warrant that its site or the app will be available at any particular time or location, nor does it warrant that any defects or errors will be corrected, nor that the site and app will be free of viruses and other hazards applicable to the internet and other online services.
ALL SERVICES AND SOFTWARE PROVIDED ON THIS WEB SITE AND APP ARE PROVIDED "AS IS" WITH ALL FAULTS, AT YOUR OWN RISK, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FARM-APPS INC. OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE FIELD TRACKER PRO APP AND/OR THE WEBSITE OR ANY FARM-APPS INC. PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF FARM-APPS INC. OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Agreement is the entire agreement between you and Farm-Apps Inc. and replaces all prior understandings, communications, and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as provided in this Agreement.
If any Court of Law, having the jurisdiction, rules that any part of this Agreement is invalid that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable.