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Seymour AG App

Terms of Use

Last Updated: 7 June 2023

Welcome to Seymour A.G. Instruments Ltd. (“Seymour”, “we”, “us”, or “ours”). We offer farm management features that are optimized for displaying and analyzing information to you regarding the environmental and agronomic status of your farm or crop, including other information such as farm location, facility type, total farm area, type of crops (can be more than one crop on a farm), soil types and characters, number of plots and units, plants and cultivars quantity. Our services consist of farms management system and devices (“Solution”), the companion mobile applications provided by us (“App”).

Please read these Terms of Use (the “Terms”) and our Privacy Policy carefully because they govern your use of the App. Certain features and services available on the APP or certain content may be subject to additional terms and conditions, policies or agreements, which are hereby incorporated into and form part of these Terms. Your use of the Solution is not governed by these Terms, but is governed by the services agreement or other commercial agreement (the “Agreement”) between us and you (if you are the customer engaging with us) or between us and the customer on whose behalf you are using the APP.

Agreement to Terms

By using the App, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, please do not use the App. We recommend that you print a copy of these Terms for future reference.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the App is subject to our Privacy Policy.

Changes to Terms or App

We may modify the Terms at any time, in our sole discretion to reflect changes to the App, our users’ needs and our business priorities. If we do so, we’ll let you know either by providing the modified Terms on the App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the App after we have provided modified Terms on the App, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the App anymore. Because our App are evolving over time we may change or discontinue all or any part of the App, at any time and without notice, at our sole discretion.

Who May Use the App

Eligibility

You may use the App only if you are 18 years or older and capable of forming a binding contract with us (or, if you are a minor over the age of 13 years, you have your parent’s or guardian’s permission to use the App and your parent or guardian has read and agrees to these Terms on your behalf), and are not barred from using the App under applicable law.

Registration and Your Information

If you want to use certain features of the App you’ll have to create an account (“Account”) and become a registered user (“User”). It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we may suspend or terminate your Account. We are under no obligation to verify the truth, accuracy, currency or completeness of any information you provide, but we may do so in our discretion, and you hereby consent to such reasonable inquiries and investigations as we consider appropriate to verify the information you provide. You agree that you shall not disclose your Account password to anyone or permit any other person to use your Account and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

We may, in our sole discretion, cancel or suspend your Account or reject, revoke or require that you change or renew your Account information, at any time without notice or liability to you or any other person. If your Account is suspended, cancelled or terminated by us, you may not create another Account without our prior written consent.

How the App Work

General

You can utilize the App to display real-time information related to the Solution.

Limitations

Although the App may be accessed worldwide, not all features, products or services discussed, referenced, provided or offered through or on the App are available to all Users or in all geographic locations. We make no representation or warranty that the App are appropriate or available for use in any particular location, and the App is not available in all languages or in all countries. You are solely responsible for complying with all applicable local laws related to your use of the App. We reserve the right to limit, in our sole discretion, access to any feature, product or service to any User or geographic area. Any offer made on the site for any feature, product or service is void where prohibited under applicable local laws.

Use At Your Own Risk

You agree that your use of the App is at your own risk. It is your responsibility to maintain such health, liability, hazard, personal injury, medical, life and other insurance policies as you deem reasonably necessary for any injuries that you may incur in undertaking any activities while using the App. Our goal is to provide helpful information through the App, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations. The accuracy of the data collected and presented through the App is not intended to match that of scientific measurement devices, and the App is not designed or suitable for use in a situation where failure or fault of any kind could lead to death, personal injury or severe physical or environmental damage. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the App. If you rely on any such information or the App generally, you do so solely at your own risk.

License to the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, nontransferable, non-sublicensable license to download and install a copy of the App (including, for the purposes hereof any software available for download) on any mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes and in accordance with any additional terms or limitations provided to you at the time of download, unless provided otherwise under the commercial agreement between you and us. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. We reserve all rights (subject to other third parties licenses and rights) in and to the App not expressly granted to you under these Terms.

Use of the Solution

Your use of the Solution is governed solely by the Agreement.

Additional Terms for App Store

You agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service. If you accessed or downloaded the App from any app store or distribution platform (like the Apple App Store or Google Play) (each, an “App Provider”), then you acknowledge and agree that:

  • These Terms are concluded between you and Seymour, and not with App Provider, and that, as between Seymour and the App Provider, Seymour, is solely responsible for the App.
  • App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Seymour.
  • App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Seymour will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
  • You must also comply with all applicable third-party terms of service when using the App.
  • You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

General Prohibitions and Seymour’s Enforcement Rights

You agree not to do any of the following:

  • Use, display, mirror or frame the App or any individual element within the App, Seymour’s name, any Seymour trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Seymour’s express written consent;
  • Access, tamper with, or use non-public areas of the App, Seymour’s computer systems, or the technical delivery systems of Seymour’s providers;
  • Attempt to probe, scan or test the vulnerability of any Seymour system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Seymour or any of Seymour’s providers or any other third party (including another User) to protect the App or its content;
  • Attempt to access or search the App or download content from the App through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software or search agents provided by Seymour or other generally available third-party web browsers;
  • Use any meta tags or other hidden text or metadata utilizing a Seymour trademark, logo URL or product name without Seymour’s express written consent;
  • Use the App or its content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App or its content;
  • Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the App;
  • Collect or store any personally identifiable information from the App from other Users of the App without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the App or its content or to review or edit any of its content, we have the right to do so for the purpose of operating the App, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any content to be in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the App. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the law and where required by such authorities we will disclose your identity to them.

Links to Third Party Websites or Resources

The App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the App, at our sole discretion, at any time. Where possible, we will try to give you reasonable notice if we decide to terminate the App or any part. You may cancel your Account at any time through the App or by contacting us. Upon termination, Seymour has no obligation to maintain, store or transfer any data that you have on the App.

Upon any termination, discontinuation or cancellation of your Account, the following sections will survive: Use at Your Own Risk), General Prohibitions and Seymour’s Enforcement Rights, Termination, Warranty Disclaimers, Indemnity, Limitation of Liability, and General Terms.

Warranty Disclaimers

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content. You acknowledge and agree that there are risks inherent to transmitting information over and storing information on the internet and that we are not responsible for any losses of your data, confidentiality or privacy in connection therewith.

Indemnity

You will indemnify and hold harmless Seymour and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the App or its content, (ii) your User activities, or (iii) your violation of these Terms or any additional instructions, guidelines or policies issued by Seymour.

Limitation of Liability

NEITHER SEYMOUR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SEYMOUR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE EXTENT PERMITTED UNDER APPLICABLE LOCAL LAWS, IN NO EVENT WILL SEYMOUR’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU HAVE PAID TO SEYMOUR FOR USE OF THE APP OR (II) ONE HUNDRED US DOLLARS (US$100).

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SEYMOUR AND YOU.

Governing Law and Choice of Forum

These Terms and any action related thereto will be governed by the laws of the State of Israel without regard to its conflict of laws’ provisions. The exclusive jurisdiction and venue for all Claims that are not subject to arbitration, including any Claims brought on behalf of a company or other legal entity, will be the state and federal courts located in Tel-Aviv, Israel and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Seymour and you regarding the App and its content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Seymour and you regarding the App. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Seymour’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Seymour may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Seymour under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) any other way provided in the App (if provided). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Seymour’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Seymour. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms, please contact us at: info@seymouragri.com.