• 1.The Parties

    eFarmer B.V., Incorporated and registered in The Netherlands, under Chamber of Commerce number 6112090, having its principal place of business at Laan van Kronenburg 14, 1188 AS, Amstelveen, the Netherlands, further referred to as: eFarmer,

    and

    the natural or legal person, that uses, or desires to use eFarmer app and service, further referred to as: Customer, agree to the following conditions:

    2. Definitions

    2.1. Agreement – this Agreement, the eFarmer SaaS Agreement.
    2.2. Minimum system requirements – In order for eFarmer app to work to its full potential, please check www.efarmer.mobi for all relevant details regarding supported browsers, devices, peripherals and/or hardware settings.

    2.3. eFarmer app – eFarmer app is a mobile and web-based, Software-as-a-Service (SaaS) solution, that helps farmers to navigate their farm machinery and capture information about field jobs. Included are automatic updates and upgrades. eFarmer app operates on a smartphone, tablet or web browser of a Customer. The service operates on the servers of Hetzner Online GmbH. The data is sent securely from Customer over the Internet to eFarmer app.

    2.4. Customer – Customer is the natural or legal person who uses or desires to use the eFarmer app and SaaS service.

    2.5. Customer’s data – Customer’s data is, amongst others, the information handled and/or generated by eFarmer, on behalf of Customer, and stored by eFarmer. Customer’s data can consist of digital information, including but not limited to farm data, numbers, text, graphics, photos, audio, video, software, or other information.

    2.6. Registered User – The Registered User is the Customer who has officially registered for eFarmer app inside the app and on the website www.efarmer.mobi.

    2.7. The Service – The Service is the hosted version of eFarmer, a software product (including documentation) which is installed and hosted on servers maintained and secured by Strong 256 bit encryption, industry standard WildCard SSL, or contracted for by eFarmer, and accessible via the Internet and mobile app only.

    3. Registration

    On the website www.efarmer.mobi or on Google Play Store, you can register for eFarmer app. After registration, the Registered User remains registered until the Registered User decides to unregister on the website. During the registration period the Registered User is granted access to, and use of The Service. The Registered User will be billed for the data sent to eFarmer by The Registered User that is processed by The Service.

    4. Data

    4.1. Data and analysis
    The data analysis and/or statistical information generated by The Service is based on:
    1. the usage information it receives from eFarmer, and/or
    2. possible custom information that Customer sends (or is sent automatically) with the use of eFarmer.
    The data under a) and b) can potentially contain more or less items in the future. The data under a) can currently be defined as:

    General:

    • Email
    • App Version
    • IP address

    Device:

    • Brand
    • Manufacturer
    • Model
    • Carrier
    • Wifi
    • NFC
    • Telephone
    • Bluetooth

    Android:

    • Google Play Services
    • Version of OS
    • Screen Size

    Application

    • version number
    • memory usage of eFarmer processes
    • the time (that was necessary) to process a browser request
    • the URL of the request (this may be a secret URL that may contain sensitive information, such as Customer’s password via a GET request or DB queries. eFarmer cannot determine this)
    • database queries, and execution time
    • application-specific errors. These errors possibly contain user-generated messages (to facilitate debugging of the application)

    4.2. Customer’s data

    1. Customer retains ownership of Customer’s data at all times.
    2. Customer gives consent to eFarmer to store and/or process Customer’s data on eFarmer’s servers during term of Registration. Non-personal identification information can be stored on eFarmer’s servers for non-specific term, in accordance with eFarmer’s Privacy Policy http://efarmer.mobi/privacy/.
    3. Customer grants eFarmer right to use Customer’s data for the purpose of providing The Service to customer(s) and to be able to improve The Service for non-specific term.
    4. Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and copyright of all Customer’s data.
    5. Customer is responsible for maintaining an archive or back-up copy of all Customer’s data. Storage of Customer’s data is on a best effort basis.
    6. Customer’s data may be stored using third party service providers and third party servers.
    7. eFarmer is not liable for any loss of Customer’s data, whether caused by eFarmer or any third party service provider.
    8. eFarmer is not responsible or liable for the deletion, correction, destruction, loss, infringement, or failure of The Service to store any of Customer’s data.
    9. eFarmer will not disclose Customer’s data, unless required by law.
    10. eFarmer may access Customer’s data to respond to service or technical problems with The Service, or to view and use Customer’s data, free from any rights, to provide and improve The Service.
    11. eFarmer reserves the right to establish a maximum bandwidth, a maximum amount of memory or other computer storage and a maximum amount of Customer data rights, that Customer may store, post or transmit on or through The Service.

    4.3. Access

    1. At all times, eFarmer shall use commercially reasonable endeavors to ensure The Service is 24/7 available, except for limited periods for maintenance and repair.
    2. Access to The Service, connection speeds and quality may vary. Access to The Service may be subject to unavailability for a variety of factors beyond eFarmer control, which are considered to be force majeure. Force majeure includes the internal IT-infrastructure and Internet connection of Customer, a government controlled internet or website ban(s) or censorship, emergencies, third party service failures, transmission problems, equipment or network problems or limitations and signal interference or signal strength.
    3. eFarmer is not liable for loss of access, or restrictive access to The Service, nor is eFarmer liable if access to The Service is not possible due to force majeure, or any form of overload, technical maintenance (e.g. backups, software upgrade), hardware failure, and/or bugs.
    4. Customer shall use all reasonable endeavors to prevent any unauthorized access to, or use of, The Service and shall in the event of any such unauthorized access or use, promptly notify eFarmer.

    4.4. Retention and log keeping

    1. eFarmer reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
    2. eFarmer shall retain Customer’s personal registration data until Customer chooses to delete the account.
    3. Fifteen (15) days, after the Customer has deleted the account, eFarmer may delete all Customers’ data without notice.
    4. Important! Deleted data cannot be retrieved!
    5. eFarmer reserves the right to, directly or through a third party, record Customer’s (company) name and address, (company) email address, location, VAT-number, country, credit card information or the information of companies used to process credit card or other payment types during term of Customer’s Registration.

    4.5. Cookies
    For the proper working of The Service, cookies will be used. Customer acknowledges, and agrees to, the use of cookies in The Service. For details about the use of cookies, check our privacy statement on http://efarmer.mobi/privacy/.
    4.6. Appropriate Usage
    Customer agrees to comply with all applicable laws and regulations in connection with the use of The Service. Customer, or anyone using Customer’s Registration, further agrees not to engage in any of the following activities:

    • using The Service in any manner which could damage, disable, overburden, or impair The Service, eFarmer’s servers or any third party property;
    • collecting, storing, or using information about others for the purpose of sending unsolicited or unauthorized communications;
    • gaining unauthorized access to any of eFarmer’s servers, other customers, or other computer systems or networks;
    • defame, abuse, harass, stalk, threaten, or otherwise violate and of the legal rights of others;
    • publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information;
    • the scraping of any of eFarmer’s content in any form or matter;
    • infringe on any intellectual property rights.

    4.7. User Specified Content
    Any User Specified Content shall not be immoral, illegal or defamatory, and shall not contain pornographic language or pictures or any other profanity, and shall not violate any local or foreign law, including intellectual property laws. Customer will be liable for these acts and shall indemnify eFarmer against any claims resulting from this.

    5. Software

    5.1. Price

    1. All current information about eFarmer’s prices can be found on http://efarmer.mobi/. For custom offers you can contact info@efarmer.mobi.
    2. eFarmer is allowed to automatically increase the price to the Customer up to 10% per year, if eFarmer can provide credible reasoning that the price defining factors have increased between billing terms. Price defining factors could be inflation, the exchange rate risk and currency fluctuations, the purchasing by eFarmer of server space and other services or subscriptions related to The Service. Customer will be notified of any price increases at least one month in advance. Customer can terminate The Service in case of price increments, from the moment of announcement until one month after the price increments will be effective.

    5.2. Payment
    Payment shall be made through our payment gateway provider. Customer will be billed annually.
    5.3. Restrictions

    1. Use and access of The Service with other hardware than the supported hardware mentioned on http://efarmer.mobi/ is at the sole risk of a Customer. eFarmer is not liable in case of damage using unsupported hardware.
    2. Customer may not copy, modify, merge, sublicense, distribute, sell, rent, lease, loan, create derivative works of, or otherwise exploit The Service in whole or in part.
    3. Customer will not attempt, or allow others under its control to attempt, to obtain or derive information from or about The Service through disassembly, decompiling, decode, decrypt, reverse engineering or any other means.

    5.4. Intellectual property

    1. Customer acknowledges that The Service, including all associated copyrights, patents, trademarks, trade secrets and other intellectual property and proprietary rights, registered or unregistered, is and will be the sole property of eFarmer and/or its Licensors.
    2. Customer may not distribute, resell, or share, The Service in whole or in part.
    3. eFarmer may use the trademark and/or trade name of Customer for promotional purposes on websites and/or printing, unless explicitly agreed otherwise.
    4. All trademarks contained in The Service are trademarks or registered trademarks of eFarmer, unless stated otherwise.

    5.5. Third party software

    1. Customer acknowledges that operation of The Service might require use of certain third party software (e.g. applications, operating systems, browser software) or other software of eFarmer. For the exact specifications please check http://efarmer.mobi/.
    2. eFarmer will not provide such third party software, or other software of eFarmer, to Customer. Customer will have the sole responsibility to obtain valid licenses to such third party software, or other software of eFarmer, at Customer’s sole expense.

    6. Termination and Refunds

    6.1. Termination

    1. Customer may unregister at any time without any administrative charges. Unregistering will terminate The Service.
    2. In case Customer abuses The Service or in case of serious misconduct, eFarmer reserves the right to discontinue the Agreement, and the User registration, and to refuse all access and use of The Service.
    3. Any remaining and unpaid fees, including the legal interest and other amounts that Customer accrued prior to the effective date of termination, shall be paid to eFarmer and will remain claimable after termination.
    4. Termination of this Agreement shall rescind and revoke all rights granted to or accrued by Customer to access and use The Service.
    5. eFarmer may terminate this Agreement if Customer fails to perform any of its obligations, or otherwise breaches this Agreement, and fails to cure the failure or breach within fifteen (15) days after written notice.
    6. In case of termination for non-payment, eFarmer may disable Customer’s access to and use of The Service until eFarmer has received full payment.
    7. Termination of this Agreement will not limit either party from any remedies or rights.
    8. A credit card chargeback, or any other payment chargeback, will not terminate the Agreement, nor will it relieve Customer of his payment obligation.
    9. The following provisions of this Agreement will survive any termination of this Agreement.

    6.2. Refunds
    eFarmer maintains a no refund policy because The Service is a SaaS (Software as a Service) application. Before registration, Customer should always make sure that The Service performs according to the needed tasks.

    7. Warranty, indemnity and liability

    7.1. Warranty

    1. eFarmer warrants that The Service shall perform substantially in accordance with any representations made by eFarmer. The entire and exclusive remedy for breach of this Limited Warranty shall be, at eFarmer’s option, either
      a. the return of the last paid (annual) fee, or
      b. to repair, upgrade, or otherwise enhance the performance of The Service to address the failure of performance.
    2. Except as stated above, The Service and its related materials are provided “AS IS” and are without warranty of any kind. eFarmer therefore expressly disclaims all warranties, whether express, implied or statutory, including but not limited to, warranties of merchantability and fitness for a particular purpose, design, condition, capacity, performance, title and non-infringement of third party rights.
    3. The aforesaid warranties and disclaimer shall survive acceptance and payment.

    7.2. Indemnity
    Customer will indemnify and hold eFarmer, its affiliates, directors, officers and employees, harmless from and against all damages, liabilities, costs and expenses (including reasonable fees of counsel and other professionals), arising from or out of Customer’s operation, conduct, and responsibility for its use of The Service.
    7.3. Liability

    1. In no event will eFarmer be liable to Customer for loss of profits, loss of revenues, loss of savings, loss of use, loss or corruption of data or any indirect, incidental, special, exemplary, punitive or consequential damages, whether under tort, contract or other theories of recovery, even if eFarmer had been advised of the possibility of such damages.
    2. Customer exclusively bears full and complete liability and responsibility for its use and reliance on The Service, even if such were to produce incorrect information or erroneous results.
    3. In no event will eFarmer’s total liability under this Agreement or as a result of the registration and use of The Service exceed the aggregate amount of the last annual fee actually paid under this Agreement by a Customer to eFarmer, preceding a claim.
    4. eFarmer is not liable in case it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of any computer, or utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, provided that Customer is notified of such an event and its expected duration.

    8. Service and Support

    8.1. Service and support

    1. During the registration, service and support is included at no additional cost for Customer.
    2. eFarmer shall use commercially reasonable endeavors to make The Service available 8 hours a day from 9:00 – 18:00 EET 5 days a week 24 hours a day, seven days a week, except for scheduled, or unscheduled, maintenance. Scheduled maintenance will be communicated at least 7 days in advance.
    3. eFarmer reserves the right to provide service and support only on the basis of certain versions of the software.
    4. Customer can make use of technical support, made available via email support@efarmer.mobi.
    5. Service and support is subject to a fair-use and best-effort policy, and shall include the following:
      • the diagnosis of errors in The Service and the rectification of such errors (remotely) by the issue of fixes of The Service,
      • any other support service offered to Customer by eFarmer.
    6. Service and support shall not include the diagnosis and rectification of any errors resulting from:
      • any incorrect or improper use of The Service,
      • the failure by Customer to implement recommendations in respect of any solutions to errors previously advised by eFarmer,
      • the use of The Service for any purpose for which it was not designed.
    7. Possible support questions and/or inquiries from Customer may be stored on third party systems.

    8.2. Notifications
    The Service can send alerts and/or notifications to Customer. A third party will be used for notification. eFarmer cannot guarantee successful notification services. Successful notification is dependent on e.g.:

    • third party availability to send SMS-messages or other notifications to specific countries,
    • connectivity and/or network issues anywhere between sender and receiver,
    • other factors eFarmer is not aware of.

    8.3. Feedback/feature requests
    eFarmer can allow Customer to give feedback on The Service and/or ask for feature requests. Customer acknowledges that all shared information, models, concepts, ideas or any shared intellectual property will be conveyed to eFarmer without any right to reciprocate in money or otherwise. Customer acknowledges and guarantees that all shared information is created and owned by Customer and does not violate any rights of any other party.

    9. Security and Passwords

    1. At all times, eFarmer shall use commercially reasonable endeavors to keep Customer’s data protected. Customer entitles eFarmer to backup their data, but eFarmer cannot be required to backup Customer’s data and cannot be held accountable for any lost data.
    2. eFarmer retains the right to maintain The Service at a reputable third party Internet service provider and/or hosting facility, where they are subject to commercially reasonable security precautions to prevent unauthorized access to The Service. eFarmer is not liable for any damage resulting from such unauthorized access.
    3. Customer acknowledges that, notwithstanding such security precautions, use of or connection to the Internet provides the theoretical opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to The Service and/or Customer’s Data.
    4. At all times, Customer’s data will be transmitted using encryption technology.
    5. At all times, eFarmer shall use commercially reasonable endeavors to secure and safeguard all the important (data) connections. In this respect, (data) connections will at least use the HTTPS-standard. This standard maintains a high level of security, but security breaches can theoretically be possible in, for example, the following situations:
      • human error(s) in configuring the HTTPS-connection,
      • if one of the endpoints is compromised (e.g. keylogger or when Customer is rooted),
      • the party issuing HTTPS-certificates (the Certificate Authority) suffers a security breach (e.g. hacking).
    6. Despite the use of highly secure data (connections), eFarmer cannot and does not guarantee the privacy, security, or authenticity of any information so transmitted over the Internet.
    7. Customer shall have the option to choose a login name and password for each authorized Registration. This login data is strictly personal and shall not be forwarded to anyone else. eFarmer does not know and is not able to retrieve Customer’s password.
    8. Customer agrees to immediately notify eFarmer of any unauthorized use of his Registration or any other breach of security.
    9. Customer is entirely responsible for any and all activities that occur during his Registration.
    10. eFarmer is not responsible or liable for any lost login data, or for any loss or damage arising from Customer’s failure to comply with these requirements.

    10. Miscellaneous

    1. Customer will comply with all applicable laws and regulations in its use of The Service. All rights not expressly granted to Customer are reserved to eFarmer.
    2. Customer is responsible for paying all sales, use, excise valuated, vat, or other taxes or governmental charges in addition to freight, insurance and installation charges and import or export duties, unless expressly agreed otherwise in writing.
    3. Customer acknowledges that The Service, including all associated copyrights, patents, trademarks, trade secrets and other intellectual property and proprietary rights, either registered or unregistered, is and will be the sole property or the sole right of eFarmer.
    4. Customer acknowledges that The Service, (including e.g., source code, mathematical algorithms, processing methods, design, benchmark results or other performance related measurements), constitute valuable trade secrets of eFarmer. Customer will hold all confidential information in strict confidence and will not disclose the information, except if the information is in the public domain, or if disclosure is mandatory by law or a tribunal.
    5. If a court of competent jurisdiction declares any term or provision of this Agreement invalid or unenforceable, the remaining provisions shall remain in full force and effect.
    6. In the event that any of the provisions contained in this Agreement are held to be unenforceable, such provisions will be narrowed (or deleted if necessary) to the minimum extent necessary to make them enforceable.
    7. No alteration, modification, or amendment of this Agreement shall be effective or enforceable unless it is made in writing and signed by the parties.
    8. Customer acknowledges to be bound by all of the provisions of this Agreement.
    9. In the case of any dispute between eFarmer and Customer, Dutch law, in English language, shall be applicable. The district court of Amsterdam, the Netherlands, will be the single competent court, unless another court has jurisdiction.
    10. eFarmer retains the right to bring the dispute before a court in the place where Customer usually takes residence, at least in the applicable court according to the law.