Last updated: November 15, 2017
By signing up for an Agribotix FarmLens™ account, you’re agreeing to these Terms. This is a legal agreement.
The FarmLens Service (the “Service”) is an image and data processing service offered through the URL Agribotix.com (we’ll refer to it as the “Website”) that allows you to submit images and other data (“Your Data”) collected by an unmanned aerial vehicle (UAV or drone) or other collection tool. The Service will process Your Data and return processed images and or reports to you (“Results”). The Service is owned and operated by Agribotix, LLC, a Colorado limited liability corporation (“Agribotix” “we,” or “us”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).
In order to use the Service, you must:
By using the Service, you represent and warrant that you meet all the requirements listed above and that you won’t use the Service in a way that violates any laws or regulations. Agribotix may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for the Service and continues as long as you use it. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
You or Agribotix may terminate this Agreement at any time and for any reason by giving notice to the other party. We may suspend our Service to you at any time, with or without cause. Once terminated, we may permanently delete your account and all the data associated with it, including your data from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
You own the data that you submit to us (Your Data) and the Results we provide to you. We will never share Your Data or Results with any party outside of Agribotix in a way that readily reveals your identity or the location of Your Data or Results without your permission. Agribotix may create products that involve aggregating your Results with the Results of our other users to create products that we may sell to you or others. We may also use Your Data and Results to create algorithms that provide better insight to crop development. You grant Agribotix a perpetual, fully-paid, nonexclusive license to use the Results and Your Data for these purposes.
Agribotix also allows companies (Partners) to brand FarmLens with their own brand. If you are accessing the FarmLens though a Partner site, employees of the Partner may be able to access your data or results to provide you with support, to assist you with agricultural problems, or for other reasons.
Our charges are posted on our Website and may be changed from time to time. Agribotix uses both subscription and per-area pricing models in different parts of the world.
For per-area pricing, we will only charge you once you accept the Results of image processing. For per-area pricing, you will be invoiced monthly for any Results accepted by you during the month. Payments are due 10 days after we send the invoice to you.
For subscription pricing model, we charge monthly or annually based on subscription type. Our current subscriptions are based on per-drone pricing and allow you to submit for processing data collected during the period of the subscription by a single agricultural drone that has a flight duration under 45 minutes. If we believe that the subscription is being used for more than a single drone we will contact you and thereafter we reserve the right to charge you for additional subscription(s) or cancel your account.
By creating an Agribotix account and providing a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Agribotix service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to changing or adding a plan, or accessing new additional services as they may appear from time to time, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
Your Results are yours and you are able to download them at any time during the subscription period. Should you discontinue your subscription you will no longer have access to your Results. After you discontinue your subscription we may delete your Results from our servers.
We do our best efforts to produce accurate Results from the data you provide us. If you have a problem with the quality of any Results you have accepted, please contact us and we may offer a refund.
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any Results we produce. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Ownership of Your Data and Results, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Agribotix, 3309 Airport Road, Boulder, CO 80301, or any addresses as we may later post on the Website.
These Terms make up the entire agreement and supersede all prior agreements, representations, and understandings.