It is your responsibility to ensure that your computer, mobile, operating systems, computer and mobile networks and network connections, telecommunications facilities or mobile device meets all the necessary technical specifications to enable you to access and use the Services. Agroscout does not provide you with the Third Parties’ Hardware and/or any other equipment to access and/or use the Services. You are responsible for all fees charged by third parties related to your access and use of the Services (e.g., charges by Internet service providers or air time charges).

Agroscout cannot guarantee that the Services will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Services, and may result in the failure of your communications including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. Agroscout takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

Your purchase and use of the Services requires the creation of an account in our App. During the process of creating an account (the “Account(s)“), you may be required to select a username and a password (the “Account Information“). The following rules govern the security of your Account(s) and Login Information. For the purposes of these Terms, references to Account(s) and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Services, that are used to access the Services.

1. You shall not share your Account(s) or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account(s).
2. In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account(s), you must immediately notify Agroscout and modify your Login Information;
3. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;
4. You are responsible for anything that happens through your Account(s), whether or not such actions were taken by you, including, for the avoidance of doubt, actions taken by third parties. You therefore acknowledge that your Account(s) may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal;
5. You undertake to monitor your Account(s) and restrict use by any individual barred from accepting these Terms and/or receiving the Services, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Services by any of the above mentioned; and
6. Agroscout reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.

Any personal information you provide to us when creating or updating your Account(s), which may include, inter alia, your name and e-mail address, will be held and used in accordance with our Privacy Policy available at [please insert URL and hyperlink] (the “Privacy Policy“) which constitutes an integral part of these Terms. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes. You represent and warrant that you have full right and authority to provide Agroscout with the foregoing information, including, without limitation, any third party’s consent (to the extent required under any applicable law).

The Services or any part of are subject to payment of applicable fees, as shall be detailed by Agroscout from time to time. The access to the Services and use of its features will be contingent upon timely payment of applicable fees. Agroscout reserves the right to terminate your use of the Services in case of any failure on your part to timely pay any fees due by you to Agroscout. Agroscout may, at its sole discretion, add, remove or change the features and Services it offers or the fees (including the amount or the type of fees) Agroscout charges at any time. You agree that you are solely responsible for checking our website and/or App regularly to confirm whether there are any new fees and their effective date(s). Agroscout is not responsible for any charges or expenses you incur as a result from being billed by Agroscout in accordance with these Terms. All fees payable by you are exclusive of any applicable taxes and duties, including, without limitation, VAT and applicable sales tax. Fees are quoted and payable in United States dollars, and fees are based on Services purchased and not actual usage.

Payment is safely processed through a third party payment processor (such as PayPal) (a “Payment Processor“) and then paid to us. In the event of credit card fraud or unauthorized use of your Account(s) by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible. In addition, you agree: (i) that the services of Payment Processors may be used to process transactions; (ii) to review and be bound by the Payment Processor’s terms of use and privacy policy; (iii) to only provide valid and current information for yourself; and (iv) that all payments made are final and non-refundable. You acknowledge that you may need to hold, or register, an active account with the Payment Processor. We are not responsible or liable for any activities or conduct of a Payment Processor, and you agree that you shall have no claim, suit or demand of any kind, and by agreeing to these Terms, hereby irrevocably and completely waive any such claim, suit or demand of any kind, to the extent such may exist or hereafter arise, towards us and any of our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on our behalf, in connection with or related to the conduct or any act or omission of a Payment Processor.

Agroscout may refuse to provide you access to the Services or may terminate your Account(s) without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account(s), or illegal or improper use of the Services, User Content (as defined below), products, or our intellectual property as determined by Agroscout in its sole and absolute discretion. You may lose your user name as a result of Account termination, without responsibility on the part of Agroscout for any damage that may result from the foregoing. If you have more than one Account, Agroscout may terminate all of your Accounts.

You acknowledge that Agroscout is not required to provide you notice before suspending or terminating your Account(s).  In the event that Agroscout terminates your Account(s), you may not participate nor make use of the Services again without our express consent. Agroscout reserves the right to refuse to keep accounts for, and provide access to the Services or any future service or any part thereof to, any individual. You may not allow individuals whose Account(s) have been terminated by us to use your Account(s). If you believe that any action has been taken against your Account(s) in error, please contact us at: support@agro-scout.com.

You are solely responsible to maintain an adequate backup of any content you provide and/or upload to the Services. Agroscout does not guarantee that any content will always be available through the Services. Do not rely upon the Services as a storage space for such content.

You agree that any content published by you through the Services is done so through the use of technology and tools provided by Agroscout. You agree that you are publishing such content willingly and you represent that you own such content or have received the necessary authorizations from third parties, that you have all rights to publish said content and that publishing of the content by you complies with all applicable laws. You grant Agroscout the right to act as an agent on your behalf as the Service’s operator.

We do not claim ownership of any videos, data, text, graphics, photographs, or any other content, and their selection and arrangement, provided or uploaded to the Services by any user (the “User Content“). However, by sending and/or creating User Content and/or using the Services you automatically grant us a non-exclusive, royalty-free, perpetual license of all worldwide rights to share, use, edit, modify, include, incorporate, adapt, record and reproduce such User Content, including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes set forth in the Services and these Terms, including for the avoidance of doubt commercial, non-commercial and/or promotional use by us associating such User Content with your user information, user name and/or profile picture. We may retain any raw material that you submit, and make internal use of such material including for testing purposes. You hereby agree that any of our users may view and use the User Content. You may request that we delete and make no further use of such material by contacting us at: support@agro-scout.com.

We will have the right to collect, extract, compile, synthesize and analyze aggregated, non-personally identifiable information resulting from use of the Account, that does not identify you or any natural persons as the source. For clarity, such data does not constitute User Content and we retain all intellectual property rights to such data.

We may or may not regulate User Content and provide no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Services. You agree that we will not, under any circumstances, be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.

We reserve the right (but shall at no time be obligated) to, in our sole discretion, remove, block, edit, move, disable or permanently delete User Content from the App with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, we shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.

You represent and warrant that you have full right and authority to use the Services and the App and to be bound by these Terms. You agree that you will fully comply with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of such Services and App. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.

You undertake that you shall not defraud, or attempt to defraud, Agroscout or other users, and that you shall not act in bad faith in your use of the Services and/or the App. If Agroscout determines that you have acted in bad faith and/or in violation of these Terms, or if Agroscout determines that your actions fall outside of reasonable community standards, Agroscout may, at its sole discretion, terminate your Account(s) and prohibit you from using the Services and/or the App. You agree that your use of the Services and/or the App shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:

1. Create Account(s) with or access the Services if you are barred from receiving the Services under the provisions of these Terms or any applicable law;
2. Promote, host, display or implement the Services on any websites that: (i) contain indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by Agroscout at its sole discretion), defamatory, libelous, obscene, gambling related, discriminatory, deceptive, abusive spyware, adware, or other malicious programs or code, unsolicited mass distribution of email, or any illegal subject matter or activities or otherwise offensive content, or content addressed to individuals under the age of 18; (ii) incorporate any materials that infringe or assists others to infringe on any copyright, trademark or other intellectual property rights; (iii) are an incentive-based website, such as a lottery or sweepstakes site which rewards users for clicking on links; (iv) engage in activities that violate Agroscout’s Privacy Policy; (v) openly encourage users to click on banner ads or other sponsored links to support the site; or (vi) infringe any right of any third party or violate any applicable law or regulation;
3. Upload, post, transmit or otherwise disseminate any material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, otherwise offensive or objectionable;
4. Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
5. Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by Agroscout or by applicable statutory law), modify or alter any part of the Services, and/or the App;
6. Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services, the App and/or the computers and mobiles of other users of the Service;
7. Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;
8. Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
9. Create false personas, multiple identities, multiple user Accounts (except for a bona fide purpose in order to acquire the Services), set up Account(s) on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms;
10. Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
11. Encourage any third party to: (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent or other invalid means; (ii) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (iii) engage in any action or practice that reflects poorly on Agroscout or otherwise disparages or devalues Agroscout’s reputation or goodwill;
12. Make representations with respect to Agroscout not approved in advance and in writing by Agroscout. You shall obtain Agroscout’s prior written approval to the content of any marketing message, and with respect to any use of Agroscout’s trade name and/or trademarks and/or designs in connection with the Services;
13. Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account(s) to anyone without Agroscout’s prior written consent;
14. Access or use Account(s) which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account(s) creator without Agroscout’s prior written consent;
15. Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
16. Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
17. Attempt to use the Services on or through any service that is not authorized by Agroscout. Any such use is at your own risk and may subject you to additional or different terms. Agroscout takes no responsibility for your use of the Services through any service that is not authorized by it;
18. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; and/or
19. Interfere with the ability of others to enjoy using the Services, including disruption, overburden or aid the disruption or overburdening of the Service’s servers, or take actions that interfere with or materially increase the cost to provide the Services for the enjoyment of all its users.

Agroscout and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to the App and any and all of the Service’s materials (including, but not limited to, any applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, the “Service’s Materials“) You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Service’s Materials, or rights to any derivative works thereof. The Service’s Materials are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Services pursuant to these Terms or otherwise exploit any of the Services Materials without Agroscout’s explicit, prior written consent. The foregoing shall not apply to your own User Content that you post through the Services in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from Agroscout. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account(s) as well as severe civil and criminal penalties.

You are not required to provide Agroscout with any feedback or suggestions regarding the Services and/or any of the Service’s Materials. However, should you provide Agroscout with comments or suggestions for the modification, correction, improvement or enhancement of the Services and/or any of the Service’s Materials, then, subject to the terms and conditions of these Terms, you hereby grant Agroscout a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Agroscout chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Agroscout’s and its sublicensees’ products and content embodying such comments or suggestions in any manner and via any media Agroscout chooses, but without reference to the source of such comments or suggestions.

You agree that your use of the Services shall be at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we, our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on our behalf, disclaim all warranties, explicit or implied, in connection with the Services and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. We make no warranties or representations about the accuracy or completeness of the content of the Services, of the content of any sites linked to the Services, of any Third Party Materials (as defined below) and assume no liability or responsibility for any:

1. Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;
2. Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Services;
3. Any unauthorized access to or use of Third Party Materials, secure servers and/or any and all personal information and/or financial information stored therein;
4. Any interruption or cessation of transmission to or from the Services;
5. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; and/or
6. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Services.

WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL WE, OUR MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, AFFILIATES, EMPLOYEES, CONSULTANTS, SERVICES PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY ACTING ON OUR BEHALF, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OR RELIANCE THEREUPON THE SERVICES (INCLUDING, WITHOUT LIMITATIONS,  ANY DAMAGES RESULTING FROM THE ACCESS OR USE TO THIRD PARTIES’ HARDWARE) OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT DESPITE THE EXPLICIT PROVISIONS OF THIS PARAGRAPH, WE ARE FOUND LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES, OUR MAXIMUM LIABILITY FOR ANY SUCH DAMAGES OF ANY KIND, SHALL NOT EXCEED US$ 100.

The security of information and payments transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet links shall be borne solely and exclusively by you, and in no event, shall any such losses be borne, in whole or part, by us.

You agree to indemnify and hold us, and each of our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers, and/or any other person or entity acting on its behalf, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with any of the following:

1. Your use of and access to the Services;
2. Your violation of any term of these Terms;
3. Your violation of any third party right, including without limitation any copyright, property, or privacy right;
4. Any claim that any user submission made by you has caused damage to a third party; and/or
5. Any User Content you post or share on or through the Services.

Additionally, we shall not be deemed to be in breach of these Terms, nor shall we incur any liability or bear any responsibility due to a delay or failure in performance caused by Force Majeure. “Force Majeure” refers to circumstances beyond our reasonable control, including but not limited to acts of God, fire, flood, war, terrorism, embargo, accident, labor disputes, or shortage of material, equipment or transport, any law, regulation, or any ruling of court, tribunal or governmental agency.

You may be able to access, review, display or use third-party service, resources, content, data, information, software code and/or links to other websites or resources (the “Third Party Materials“) via the Services and/or the App. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and Agroscout disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Services and/or the App. You acknowledge and agree that Agroscout: (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or services on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the Services and/or the App. Your ability to access or link to Third Party Materials or third party services does not imply any endorsement by Agroscout of Third Party Materials or any such third party services.

These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted (by license or otherwise) by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.

Without derogating from any of Agroscout’s rights and remedies under these Terms and/or under law, Agroscout will be entitled, at its sole discretion, to immediately discontinue the Services or any part thereof, including the termination of your Account(s), in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.

You may not use any Third Party Materials for which you have not obtained appropriate approval to use. Agroscout cannot grant permission to use third party content.

The Services may contain links to other websites or resources (the “Linked Sites”). The Linked Sites are not under the control of Agroscout and Agroscout is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Agroscout is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Agroscout of the site or any association with its operators. You acknowledge and agree that Agroscout will 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 service available on or through any such site or resource.

Notices to you may be made via the App and/or e-mail. Agroscout may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. You agree that all agreements, notices, disclosures and any other communications that Agroscout provide as aforementioned satisfy any legal requirement that such communications be in writing.

By using or accessing the Services, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Agroscout. Any claim or dispute between you and Agroscout that arises in whole or in part from your use of the Services shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel. Agroscout reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND AGROSCOUT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

For any questions about these Terms or any other issue regarding Agroscout or the Services please contact us at: Support@agro-scout.com.

Last update: 25.04.2022.

All rights reserved, Agroscout Ltd.