TERMS OF SERVICE

 

Welcome to AgriSense Maps!

AgriSense Maps offers a cloud-based software platform for Agriculturists where information is collected and stored, giving specialists access to data through the AgriSense Maps platform. Since our products are cloud based, you can access them through the web and through a number of device types (e.g., desktop, laptop, tablets, and smartphone devices).

This agreement, AgriSense Maps Terms of Service (“Terms”), outlines the terms on the subject of your use of our products and services. These Terms are a legally binding contract between you and AgriSense Maps (“AgriSense Maps”, “we” or “us”) so please read carefully. If you do not agree with these Terms, you may not register or use any of the Services.

1. Using our Services

You must follow any policies presented to you within the Services.

Don’t misappropriate our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we offer. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access other than as expressly set out in these Terms. Other than User Content (addressed below), you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

In relation to your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

2. Eligibility

You must be at least 15 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that:

(a) You are at least 18 years old,

(b) you have not previously been suspended or removed from the Service

(c) Your registration and your use of the Service is in compliance with all applicable laws and regulations.

3. User Responsibility

You are entirely responsible for guaranteeing that you comply with all pertinent legal requirements for the operation of any aircraft, including any requirement that you detect and avoid other aircrafts (if you choose to fly your own drone). You must at all times comply with all applicable local, state, federal, and national and internationalvlaws and regulations related to the operation of unmanned aerial devices in your territory of operation, including any applicable laws with regard to privacy. You will obtain and maintain all necessary licenses, consents, and authorizations of any kind.

 

4. Your “AgriSense Maps” Account

You may need an “AgriSense Maps” Account in order to use some of our Services. You may create your own AgriSense Maps Account, or your “AgriSense Maps” Account may be assigned to you by an administrator, such as your employer. An account is defined as one named user individual (“User”) that can use the Service at a time. Multiple Users may not use the same User account, and only one human being can be associated with a particular User account. If you are using an “AgriSense Maps” Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your “AgriSense Maps” Account, keep your password confidential. You are responsible for the activity that happens on or through your “AgriSense Maps” account. Try not to reuse your “AgriSense Maps” account password on third-party applications.

 

5. Ownership; Proprietary Rights

The Service is owned and operated by Agri-Sense International operating as AgriSense Maps. The visual interfaces, graphics, design, compilation, information, data, computer code, products, software, services, and all other elements of the Service (“Materials”) provided by AgriSense Maps are protected by intellectual property and other laws. Except as expressly authorized by AgriSense Maps, you may not make use of the Materials. In addition, we will own any and all right, title, and interest in, and to any feedback, suggestions, information, or materials you convey to us related to the Service in connection with your use of the Service ("Feedback"). You hereby assign to AgriSense Maps all right, title, and interest in such Feedback.

 

6. Billing and Payment

Access to the Service does not require you to purchase a subscription.

 

7. Privacy and Copyright Protection

AgriSense Maps privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that AgriSense Maps can use such data in accordance with our privacy policies.

 

8. Your Content in our Services

Certain features of the Service may permit users to create or post content, including messages, reviews, video, maps, models, folders, data, text, photographs, images, and data gathered by a drone or device (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. In short, what belongs to you stays yours.

To provide our Service, we do require access(a licence) to your User Content, so that we can store your data on our servers, process it and transmit it to you: when you upload, submit, store, send or receive content to or through our Services, you hereby grant to AgriSense Maps (and those we work with) a non-exclusive, worldwide licence to use, store, reproduce, process, modify, publish, transmit, display, and distribute your User Content. The rights you grant in this licence are for the limited purpose of operating and improving our Services, and to develop new products and services. This licence continues even if you stop using our Services.

Why do we need these rights? The following situations are a few examples of where we would need these rights:

  • In order to receive your uploaded images, we need the right to store and transmit the data.

  • We need the rights to store, transmit, process, and modify the user content (images) in order to turn your images into maps and 3D models.

  • If you would like to see the resulting maps/models and share them with people you have selected using AgriSense Maps, we need the rights to transmit, display and distribute your user content.

  • Again - you own the Intellectual Property of the data that means we can’t share or distribute this data without your permission. But we need these rights to provide the service.

9. Third-Party Services

AgriSense Maps may provide tools through the Service that enable you to connect with third parties.  By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information.

10. User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you represent, and warrant that: you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize AgriSense Maps and users of the Service to use and distribute your User Content; and your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe any third-party right, including any intellectual property, privacy or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.

 

11. User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. AgriSense Maps may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Drone Deploy with respect to User Content.

12. About Software in our Services

AgriSense Maps gives you a personal, worldwide licence to use the software provided to you by “AgriSense Maps” as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by AgriSense Maps, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

 

13. Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionality or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. AgriSense Maps may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

14. Our Warranties and Disclaimers

We aim at providing Services using a commercially reasonable level of skill and attention and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER AGRISENSE MAPS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

 

15. Liability for our Services

WHEN PERMITTED BY LAW, AGRISENSE MAPS, AND AGRISENSE MAPS’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF AGRISENSE MAPS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, AGRISENSE MAPS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

 

16. Indemnity

You agree to defend, indemnify, and hold AGRISENSE MAPS and our affiliates, officers, agents, and employees harmless from and against any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees) made against us by any third party due to, or arising out of your use of the Service.

17. Unforeseeable circumstances 

AGRISENSE MAPS will not be liable for any failure or delay in the availability of the Service or any other performance of its obligations under these Terms on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause that is beyond AGRISENSE MAPS’s reasonable control, including any failure of wireless cellular services provided by any third party in connection with your use of the Service.

 

18. Dispute Resolution

These Terms provide that all disputes between you and AgriSense Maps/AGRI-SENSE INTERNATIONAL will be resolved by the following:


                   I.    Informal Dispute Resolution
                         In the event of a dispute between Participants, AGRI-SENSE INTERNATIONAL                           and the parties to the Dispute shall first attempt to resolve the Dispute on an                           informal basis.


                  II.    Mediation
                         Mediation is a voluntary, non-binding process using a neutral third party to                               guide the parties toward a mutually beneficial resolution of their dispute.


                 III.    Arbitration
                         Arbitration, a form of alternative dispute resolution (ADR). It is a way to                                       resolve disputes outside the courts. The dispute will be decided by one or                                 more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), which renders                           the "arbitration award".

You agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action.

Please review our Dispute Resolution policy for the details regarding your decision to START any disputes with AgriSense Maps/AGRI-SENSE INTERNATIONAL. 
 

19. Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify “AgriSense Maps” and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney's fees.

20. About these Terms

We may amend these Terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the Terms frequently. We’ll post notice of amendments to these Terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should cancel your AGRISENSE MAPS Account and discontinue your use of that Service.

These Terms control the relationship between AGRISENSE MAPS and you. They do not create any third party beneficiary rights. If there is a conflict between these Terms and any additional terms, the additional terms will control for that conflict.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

 

 

21. Contact Us

If you have questions about this Agreement or about “AgriSense Maps”, please contact us:

  • By email: info@agrisense.live 

  • By visiting this page on our website: https://www.agrisenseinternational.com/

  • By phone number: +27 74 0260 565

  • By mail: Agri-Sense International, 16 Cedara Road, Hilton, Kwa-Zulu Natal 3201, South Africa                                   

SUGGEST EDITS

16 Cedara Road | Hilton, KZN  3201 | info@agrisense.live | Tel: 033 343 3016

© AGRI-SENSE INTERNATIONAL - all rights reserved

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