Terms of Service

Last updated: August 4, 2021

 

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with farmable.tech website and Farmable mobile and desktop application (the "Service") operated by Farmable AS ("us", "we", or "our"). 

Please read these Terms and Conditions carefully before using our website and Farmable mobile or desktop application (the "Service"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. 

These Terms apply to all visitors, users and others who access or use the Service. The Terms also applies to any apps, hardware or other services you purchase or subscribe to throughout the Service.  

By accessing or using the Service you agree to be bound by these Terms, and these Terms will form an agreement between you and Farmable. If you are entering into these Terms on behalf of someone else, such as your employer, you undertake to have the authority to enter into the Terms and the agreement the Terms constitute. If you disagree with any part of the terms then you may not access the Service.

 

User Accounts & Roles

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Roles

There are 4 different types of roles a user account can hold in the Service. These Terms apply to all role types with the exception of the Administrators section which contains Terms which only apply to the Farm Owner role.

  1. Farm Owner - Typically the originator of the farm and is the controller of the farm data. This role has administrative rights to invite or remove user accounts to the farm and to change the role of those accounts invited to the farm. This role is authorized to update subscriptions and purchase additional products and services through the Service.

  2. Farm Manager - This role is invited to contribute to an existing farm in the Service. It has administrative rights to invite or remove user accounts to the farm and to change the role of those accounts invited to the farm.

  3. Advisor - This role is invited to contribute to an existing farm in the Service. It does not hold administrative rights. 

  4. Crew - This role is invited to contribute to an existing farm in the Service. It does not hold administrative rights. 

Features of the Service that are accessible to each of the different role types is described in detail here

 

Processing of Data

All data you provide in the Service will remain private unless you give explicit consent to share it.

 

Personal data

Personal data is considered any data that can be connected to a person such as a name, address, or payment method. 

Your personal data will always remain your property.

In order to provide the Service, Farmable AS will process personal data in accordance with its Privacy Policy and in accordance with EU and Norwegian privacy regulations, inclusive of the General Data Protection Regulation (“GDPR”).

When your account is not actively used, we will store your personal data for a period of two years. We are required to delete your data after this two year period.

See more about the processing of personal data in Farmable’s Privacy Policy. 

 

Farm Data 

Farm data is data related to the farm(s) that you have access to, such as the geographical location of fields, jobs records, harvest records or field notes. Farm data is owned by the farm and controlled by the user account who is set as the Farm Owner role for a specific farm.

Any data contributed to the farm by its user accounts will stay associated with the farm, even if a user account is deleted or modified. If you accept these terms as an employee, consultant etc; that has been granted access to a farm, the data will remain in the ownership of the farm. This aforesaid does not include product or cause libraries, associated with a user account, who holds an advisor role on any farm in the Service; in such a case the product and cause libraries remain the property of the user account. 

Farmable will not share farm data with any external third parties without your explicit consent. However, Farmable may use farm data provided anonymously (ie. all identifiers to you and/or your farm/property are removed) for statistical purposes to track the use of the Service and to develop and maintain the Service. In addition, Farmable may make statistical data available for Farmable’s partners. It will not be possible to connect data used by Farmable to you or your property.

When you delete your user account, or your user account is not actively used, we will store your data for a period of two years. We are required to delete your data after this two year period. However, you will have the option to export the data prior to it being deleted. 

 

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Farmable AS and its licensors. The Service is protected by copyright, trademark, and other laws of both Norway and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Farmable AS.

 

Use of Service

The User agrees not to resell, duplicate, reproduce or exploit any part of the Service or the Contents without the express written consent of Farmable. The User can not use the Service to store or send malicious or unsolicited emails (spam). Neither can you use the Service to transmit any virus, worm, or any other malicious or malicious content.

 The User further undertakes to not use the Service for any illegal purpose or violates any applicable law.

 

Links To Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Farmable AS. Farmable AS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Farmable AS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Termination

We may terminate or suspend your account immediately in case of material breach of the Terms.

One of the following will be considered to be a material breach: 

  • Any non-payment of the Service
  • Any intellectual property breach of the Service 
  • Any security breach of the Service, such as attempting to access the code of the Service, scanning the Service, testing vulnerabilities of the Service, hacking, port scan, sending malicious or unsolicited emails (spam), transmitting any virus, worm, or any other malicious or malicious content. etc. 
  • Non-compliance any laws related to the Service.
  • Bankruptcy, liquidation, suspension of payments or suspicion of insolvency 

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

 

Limitation Of Liability

In no event shall Farmable AS be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Under all circumstances, Farmable AS’ total liability is limited to the payment made by you for the last 12 months prior to the incident causing any claim. 

 

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Farmable AS its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Force Majeure

Farmable AS is exempt from sanction for failure to fulfil an obligation under the Terms and the agreement entered into as part of the Terms if the failure is based on a circumstance beyond Farmable AS’ control and the circumstance prevents or significantly impedes Farmable AS’ proper performance of the Terms (“Force majeure event”). A Force Majeure event shall be regarded as lightning, interruption or scarcity of power supply, labour dispute, fire, amended law or regulatory provision, government intervention, currency restrictions, scarcity of means of transport or general scarcity of goods, acts of war or terrorism or similar circumstances and errors or delays in delivery or services by a subcontractor due to circumstance now specified. If Farmable AS’ non-performance is due to a Force Majeure event as described above is substantially prevented for a period longer than 90 days, Farmable AS or the you are entitled, without penalty, to cancel the subscription.

 

Governing Law

These Terms shall be governed and construed exclusively in accordance with the laws of Norway, with Oslo as legal venue.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

Administrators (Farm Owner Role)

The following terms relate only to accounts which have the role Farm Owner.

 

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set to either a monthly or annual basis; depending on the service purchased. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Farmable AS cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Farmable AS customer support team. There will be no refund of payment upon cancellation or termination of these terms, regardless of reason.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Farmable AS with accurate and complete billing information including full name, email address, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Farmable AS to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Farmable AS will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

Free Trial

Farmable AS may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Farmable AS until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, Farmable AS reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

 

Fee Changes

Farmable AS, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Farmable AS will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

Contact Us

If you have any questions about this Terms of Service, please contact us by email: hello@farmable.tech