Change against the previous version: Use of Google API Places

Thanks for using our Farming Software. These terms and conditions (“Terms”) are here to help you understand how to use it properly. We suggest giving them a read before you start using the Farming Software. 

1. What documents make up these Terms?

At the heart of our Terms are important guidelines, but we also have other documents covering specific topics. These additional terms are incorporated by reference as if they were written here and are legally part of our Terms. So, it’s essential to review these documents too. You can find them at the links below:

  • Privacy Policy which outlines how we process personal data on our own behalf.
  • Data Processing Addendum which outlines the terms of data processing on your behalf through our Farming Software.

2. Whom do these Terms apply  to?

When we refer to “Company”, “us”, “we”, “our”, we refer to Login Establishment, Kirchstrasse 1, 9490 Vaduz, Liechtenstein as the Farming Software provider.

Any mentions of “you”, “your” or “Customer” herein refer to the person or entity accessing or using the Farming Software. To be fully clear: if you are a Representative accessing or using the Farming Software on behalf of a company, organization, or other entity, you are representing to us that you have the authority to bind your company, organization, other entity to these Terms and that you agree to be legally bound by these Terms on behalf of such entity (and all references to “you” then reference such entity). If you aren’t sure what this means or whether you have such authorization, you should ask others in your organization to get clarification about authority. 

3. What are these Terms and when do they apply to you?

There are a few important things for you to understand.

First and foremost, these Terms, and other referenced or incorporated terms (see Point A. above) collectively constitute the binding agreement between Customer and Company for using the Farming Software. 

Company provides access to the Farming Software under these Terms for you, including your employees, temporary workers, contractors, agents, customers, partners, or other individuals who are authorised by you to access and use the Farming Software on your behalf in accordance with these Terms (collectively referred to as “Representatives”). These Terms are subject to periodic updates. We will make our best efforts to communicate significant changes in advance. Please check these Terms regularly for updates. When you click “I accept” or other functionality indicating your acceptance with these Terms, an agreement between You and Company is formed, and the term of such agreement (the “Duration”) will begin. The Duration will continue for as long as you have a Farming Software account or until you or we terminate the agreement in accordance with these Terms, whichever happens first.

Now that we’ve covered the basics, let’s delve deeper into the Terms.

I. Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined in this Section (Definitions) or provided elsewhere in these Terms. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms:

  • Affiliate means any corporation or other business entity that, directly or indirectly, controls, is controlled by or is under common control with a party, where “control” means direct or indirect ownership of 50% or more of the voting interest in such entity or the power in fact to control the management directions of such entity .
  • Confidential Information means all information provided directly or indirectly by or on behalf of a disclosing party and its Affiliates, to the other (receiving) party, in each case before, on, or after the Duration date, whether orally or in writing, which is of a confidential nature or which would be reasonably considered as being confidential. Confidential Information may inter alia include data, business, marketing and other plans, ideas, discoveries, inventions, strategies, tactics, specifications, formulae, models, graphics, requirements, standards, trade and manufacturing secrets, drawings, samples, devices, computer programs, source code, demonstrations, trade secrets, technical information, as well as any and all Intellectual Property Rights contained therein or in relation thereto, title to which belongs to the disclosing party or which the disclosing party has a right to disclose. Company’s Confidential Information includes, without limitation, any technical or performance information about the Farming Software, including the Documentation, and API keys.
  • Device means any electronic device that can access the Farming Software such as a computer, a cell phone or a digital tablet. Please note that an Android device is required for the mobile app.
  • Documentation means Company’s then-current available usage guidelines, standard technical documentation, use policies, support policies, or other policies provided to you by Company or its Affiliates.
  • Farming Software means the software application provided by Company, encompassing tools designed for the management of farming activities. This application can be accessed through a website link provided by Company and/or the Farming Software mobile application, which you can download via Google Play Store onto any Device.
  • Intellectual Property Rights means patents, copyrights, database rights, trademarks, company name rights, trade dress, goodwill or other intellectual property rights, in each case regardless of whether or not the right is registered or capable of such registration, know-how such as technical data, formulae, standards, technical information, specifications, processes, methods, APIs, customised applications and computer programs, code books, as well as information, knowledge, assistance, trade practices and secrets, and improvements thereof. 

II. License

Company hereby grants you and your Representatives a non-transferable, non-sublicensable, non-exclusive, revocable license, during the Duration, to install, and use the Farming Software on Devices under your control in accordance with the Documentation, and these Terms. Note that Farming Software is licensed, not sold. 

Company may set guidelines for using the Farming Software. Company is not responsible for deleting or failing to store messages, communications, Your Data and other data, or content in the Farming Software. Company may deactivate accounts violating these Terms and change guidelines without notice. Certain areas of the Farming Software may be restricted at Company’s discretion. Company may modify or discontinue the use of the Farming Software temporarily or permanently without notice. Company is not liable for any changes, suspension, or discontinuation. Company reserves the right to terminate accounts, edit or remove content, cancel the use of the Farming Software without further liabilities if we believe you or your Representatives violated the Terms. 

III. Your Data and Feedback 

Your Data means any information, audio, video, text, images, or other material, or other data of any type provided by you or by your Representatives into the Farming Software or otherwise displayed on, submitted to, or stored on the Farming Software or that is created or generated by your and your Representatives’ use of the Farming Software, including without limitation information or data that is submitted manually or through the Third-Party Services (if applicable).  Each of your Representatives will be able to see Your Data provided by you or each thereof.

With respect to Your Data, you shall retain all right, title and interest in and to Your Data. You and each Representative hereby grant Company and its Affiliates a non-exclusive, worldwide, irrevocable, royalty-free, fully paid-up, perpetual, transferable, sublicensable right and license to (either directly or indirectly through (sub)contractors) process, transmit and use Your Data and any Intellectual Property Rights in Your Data to: 

  1. ensure the proper functioning of the Farming Software, provide services and fulfil our obligations under these Terms;
  2. subject to applicable data protection laws, to create, develop, improve our tools in connection with the Farming Software;
  3. create anonymized compilations and analyses of Your Data in such a manner that neither you nor any of your Representatives can be identified when such data is shared outside of Company or its Affiliates (“Anonymized Data”); and
  4. create reports, evaluations, benchmarking tests, studies, analyses and other work product from Anonymized Data (“Analyses”).

The license described above also applies to your Representatives. Before any Representative starts using the Farming Software, you must ensure that they have granted you the necessary authority, rights, and license to extend this license on their behalf, and to provide evidence thereof upon the Company’s request.

You represent and warrant that (i) you own or have otherwise legally obtained all necessary rights, releases, and permissions to submit all Your Data to the Farming Software and (ii) Your Data do not infringe on any third party’s rights and do not violate any applicable law. 

With respect to Anonymized Data and Analyses, you acknowledge and agree that Company shall have exclusive ownership rights to, and the exclusive right to use, such Anonymized Data and Analyses for any purpose without limitation. All rights on the Anonymized Data and Analyses, including but not limited to the right to reproduce, publish, print, copy, adapt, modify, distribute, transmit, rent, create derivative works, otherwise present to the public or exploit, in whole or in part, in any medium known or later discovered, shall be exclusively transferred to the Company to the largest extent allowed by the applicable laws, as from the date of creation of the Anonymized Data and Analyses or any part thereof. If a transfer in the said sense is not permitted under the applicable laws, you and each Representative grant the Company an irrevocable, perpetual, worldwide exclusive license in and to any and all Anonymized Data and Analyses.

Your Data, Anonymized Data and Analyses outlined in this Section III. are deemed exemptions from obligations regarding Confidential Information. You will lose access to Your Data upon termination or expiration of the Duration. However, you retain the right to request the import of Your Data.

Feedback

For the purpose of Farming Software development, you and your Representatives may from time to time provide own inputs, suggestions, comments, or other feedback (collectively, “Feedback”) to Company. By the act of submitting, you and your Representatives agree to grant Company and its Affiliates a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license, with the right to sublicense and transfer, to – either directly  or indirectly through (sub)contractors –  copy, publish, distribute, and exploit the Feedback in any way, and to prepare derivative works that are based on or incorporate all or part of the Feedback, solely for the purpose of developing and promoting the Farming Software and developing new features and services. Feedback is deemed an exemption from obligations regarding Confidential Information to the extent that such Feedback relates to the Farming Software or services provided by Company and its Affiliates under these Terms.

For greater clarity: Feedback you choose to provide is given voluntarily. Nothing in these Terms or in the parties’ dealings arising out of or related to these Terms will restrict Company’s and its Affiliates’ right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating you or your Representative providing such Feedback.

In the event of any conflict between the terms of Section XI. (Confidentiality) and this Section III. (Your Data and Feedback), the terms of this Section III. (Your Data and Feedback) will control.

IV. Accounts

Only you and your Representatives may use the Farming Software. You and your Representatives are responsible for keeping private user details (username and password) and account contents confidential. You must provide true, complete and accurate information about yourself and your Representatives and keep it up-to-date. If any information is untrue, inaccurate, not current, or incomplete or Company has reasonable grounds to suspect it, Company may suspend or terminate your account. You are fully responsible for your Representatives’ compliance with these Terms and their account activities. If a Representative is no longer authorized, deactivate their access promptly. You are not allowed to transfer the Representative status without permission. You should notify Company promptly if any Representative’s login credentials are compromised.

V. Data Protection

Both parties agree to abide by the relevant data protection legislation, notably the EU General Data Protection Regulation (2016/679) (“GDPR”). As the provider of the Farming Software, which collects Personal Data (as defined in the GDPR), Company acts as a data processor processing such Personal Data on your behalf in accordance with the Data Processing Addendum. Additionally, Company acts as a data controller concerning certain Representatives’ registration and user personal data, as specified in the Privacy Policy, and the Data Processing Addendum terms do not apply. 

You are responsible for obtaining all necessary consents and providing all required notices to enable (a) the lawful transfer of Personal Data for the purposes of these Terms, and (b) Company to lawfully use, process, and transfer the Personal Data in accordance with these Terms, including on your behalf. Please note that we are not liable for any failure on your part to obtain such consents or provide notices, or for any data protection breaches by you or on your behalf. 

VI. Restrictions

You and your Representatives will not (and will not permit, encourage, or assist anyone else to) do any of the following unless you have obtained prior written approval to do so from Company: 

  • Sell, sublicense, duplicate, or otherwise commercialise the Farming Software to third parties.
  • Reverse engineer, decompile the Farming Software, or access the source code of the Farming Software, except as expressly permitted by applicable laws and after providing written notice to Company.
  • Modify, create derivative works, or copy any part of the Farming Software without explicit authorization.
  • Interfere with the operation of the Farming Software, its use by others, or conduct security tests without permission.
  • Transmit viruses, harmful materials to the Farming Software.
  • Submit inappropriate, defamatory, unlawful information / Your Data, or copyrighted materials to which you do not have sufficient rights, or use the Farming Software to violate the rights of others. 
  • In relation to the Farming Software, engage in any data mining, data harvesting, data extracting, or any other similar activity.
  • Violate applicable laws, regulations and usage guidelines (if provided to you by Company) while using the Farming Software.
  • Use the Farming Software in a way that may be damaging to the software, other users, or any person or business entity, including using it in a manner that is inconsistent with these Terms and Documentation.
  • Permit, facilitate or enable any third party to do any of the foregoing.

VII. Third-Party Services and Sources

The Farming Software is (re)using EPPO (2024) EPPO Global Database. https://gd.eppo.int [first accessed on 29.4.2024 and updated periodically]

The Farming Software may (i) may include links to third-party websites or services not owned or controlled by Company, (ii) require certain essential components, including, without limitation, an internet connection, electronic communications, hardware, data connections, operating systems, third-party products and services, satellite signals, etc. and (iii) allow compatibility and/or interoperability with other products, services, applications (for example, Appsheet App) made available by third parties ((i) to (iii) together, the “Third-Party Services“). In this regard, please note that the Farming Software uses the Google Places API application. By using the Farming Software, you are agreeing to be bound by  Google’s Terms of Service.

Third Party Services may involve payment of a separate fee and are governed by their respective terms of service, end-user license agreement, or other agreement, and not by these Terms. Company is not responsible for the Third-Party Services. Company may modify the Farming Software from time to time, and we do not guarantee that the Farming Software will continue to operate or be compatible with any of Third-Party Services. We make no warranty or guarantee, and will have no liability or obligations under these Terms, with respect to any of Third-Party Services, or other factors outside of our control.

Please also note that the Farming Software may contain advertisements, sponsored links, and promotional listings. In addition, the Farming Software may include communications from Company, such as service announcements, which are considered part of the Documentation.

VIII. Support and Maintenance

During the Duration, Company will make reasonable efforts to offer you support and maintenance services required for the normal use of the Farming Software and provided they benefit  all users and align with Company’s capacity. These services include:

Support services:

  • Assistance with importing data.
  • General support during onboarding.
  • Online support for using the Farming Software as reasonably needed.
  • Addressing critical bugs specific to your usage.
  • Enhancing the overall functionality of the Farming Software at Company’s discretion.

Maintenance services:

  • General bug fixes.
  • Updates to the Farming Software aimed at improving the user experience, enhancing the software’s value.

Throughout the Duration, you may get all publicly released upgrades and updates to the Farming Software from Company. Company will decide the contents and timing of these upgrades and updates at its sole discretion. These updates and upgrades are considered part of the “Farming Software” and are licensed to you under these Terms.

Support and maintenance services do not include on-site visits, installation and training, file conversion, shipping charges, or any recommended hardware.

IX. Creating new organisation account 

If so agreed between the parties, Company services involve creating a new organisation account which includes (based on Your Data provided by you):

  • Configuring Farming Software sign-in settings.
  • Creating user accounts for Farming Software use.

X. Confidentiality

Obligations

Except as expressly set out otherwise in these Terms, each party receiving any Confidential Information from or on behalf of the other party hereunder, shall maintain such Confidential Information in confidence and otherwise safeguard it in the same manner and with the same protection as the receiving party maintains its own Confidential Information and with at least a reasonable degree of care. The receiving party may only use such Confidential Information for the purposes provided for in these Terms and only disclose such Confidential Information to its Affiliates, directors, officers, employees, agents, and financial, legal, and other advisors on a strict need-to-know basis (including, for Company, its (sub)contractors), but only to the extent necessary to evaluate or carry out the subject matter of these Terms and only if such employees are advised of the confidential nature of such Confidential Information and are bound by a written agreement or by a legally enforceable code of professional responsibility to protect the confidentiality of such Confidential Information.

Exclusions

Confidential Information does not include information that the receiving party  can demonstrate:

  1. was in its possession prior to its being furnished to the receiving party under these Terms, provided the source of that information was not known by the receiving party to be bound by a confidentiality agreement with or other continual, legal or fiduciary obligation of confidentiality to the disclosing party;
  2. is now, or hereafter becomes, through no act or failure to act on the part of the receiving party, generally known to the public;
  3. is rightfully obtained by the receiving party  from a third party, without breach of any obligation hereunder;
  4. is independently developed by the receiving party without use of or reference to the Confidential Information; and
  5. the receiving party  rightfully obtains from a third party who has the right to transfer or disclose it.

Required disclosures

The receiving party may disclose the other party’s Confidential Information if and to the extent that such disclosure is required by court order, provided that the receiving party provides the other party  a reasonable opportunity to review the disclosure before it is made and to interpose its own objection to the disclosure.

Remedies

The receiving party understands and acknowledges that any disclosure or misappropriation of any of the Confidential Information in violation of these Terms may cause the disclosing party irreparable harm, the amount of which may be difficult to ascertain, and therefore agrees that the disclosing party shall have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any such further disclosure or breach and for such other relief as the disclosing party shall deem appropriate. Such right of the disclosing party is to be in addition to the remedies otherwise available to the disclosing party at law or in equity.

XI. Intellectual Property Rights

Farming Software Ownership

Company and its partners will keep all ownership and the Intellectual Property Rights to the Farming Software, Documentation, updates, enhancements, application programming interfaces, and any related copies, changes, or derivative works. Company does not grant you any Intellectual Property Rights unless expressly stated in these Terms.

You and your Representatives are prohibited from using any of Company’s trademarks, logos, or other proprietary branding without prior written consent from Company. 

XII. Termination

You or Company may terminate the agreement under these Terms at any time and for any reason. You may do so by terminating your account or we may do so by giving you the termination notice. We won’t refund or reimburse you on such occasion. 

Upon termination, your right to use the Farming Software and the related services ends immediately and all granted licenses by Company and access rights cease to exist. At the disclosing party’s request upon expiration or termination, the receiving party will, at the disclosing party discretion, return or delete all of the disclosing party’s Confidential Information and provide evidence thereof.  For greater clarity: this provision does not extend to Your Data and Feedback, which the Company retains the right to continue using, as outlined in Section III.

Any sections that are meant to survive by their nature or are necessary for the survival of these Terms will continue after their expiration or termination, including Sections  III. (Your Data and Feedback), V. (Restrictions), XI. (Confidentiality), XII. (Intellectual Property Rights), XIII. (Termination), XIV. (No warranties), XV. (Limitations of liability), XVI. (Indemnification), XVIII. to XXV.

XIII. No warranties

You understand and agree that the Farming Software and related (support, maintenance, etc.) services by Company are provided “AS IS” and “AS AVAILABLE” with all faults and defects, without any express, implied, or statutory, representations or warranties of any kind related thereto.

You further understand and agree that:

  • Any forms, policies, or other materials provided by Company through the Farming Software or Documentation are not intended and should not be relied upon as legal advice or legal opinion.
  • Your and your Representatives’ use of the Farming Software and related services is at your sole risk, and Company expressly disclaims all warranties of any kind, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing, course of performance, usage, or trade practice.
  • You are liable for Your Data provided or displayed into the Farming Software. Without limitation to the other provisions of these Terms, it is your responsibility to review Your Data prior to sending it through the Farming Software. 
  • No warranty or undertaking is provided regarding the Farming Software and related services meeting your requirements, achieving intended results, compatibility with other software, applications, systems, Third-Party Services, or other services, uninterrupted operation, meeting performance or reliability standards, error-free operation, or correction of errors or defects.
  • Company makes no representation or warranty, express or implied, regarding the operation or availability of the Farming Software, accuracy, reliability, or currency of information or content, uninterrupted or error-free nature of the Farming Software and related services, or absence of harmful components like viruses or malware; or that Company will review Your Data for accuracy; or  that Company will maintain Your Data or other data without loss.
  • Company makes no warranty or guarantee, and will have no liability or obligations under these Terms, with respect to any of Third-Party Services, or other factors outside of our control.

XIV. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Company, its Affiliates and any of officers, directors, or employees of Company and of its Affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Farming Software, third-party software and/or third-party hardware used with the Farming Software, or otherwise in connection with any provision of these Terms).

XV. Indemnification

You will defend, indemnify, and hold Company, its subsidiaries, Affiliates, officers, agents, co-branders, other partners, and employees harmless to the fullest extent from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorney’s fees) (collectively, the “Claim”) made by any third party due to or arising out of your and your Representatives’ use of the Farming Software and related services, information and personal data you and your Representatives submit or make available through the Farming Software, your and your Representatives’ use of the services provided by Company, your and your Representatives’ connection to the Farming Software, Your Data, your and your Representatives’ violation of these Terms, applicable laws, including applicable data protection laws, or any third-party rights, including but not limited to personal data and privacy rights.

Company will give you prompt written notice of any Claim hereunder and will cooperate in relation to the Claim. You will have the exclusive right to control and settle any Claim, except that you may not settle the Claim without Company’s prior written consent (not to be unreasonably withheld) if the settlement requires Company to admit any liability or take any action or refrain from taking any action (other than ceasing use of infringing materials). Company may participate in the defense of any Claim at its expense.

XVI. Exclusions 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations, so some or all of the exclusions and limitations in Sections XIV. and XV.  may not apply to you. But in such a case the exclusions and limitations set forth in Sections XIV. and XV.  shall be applied to the greatest extent enforceable under applicable law.

XVII. Governing Law & Disputes

Slovenian laws, without conflicts of law rules, will govern these Terms and your use of the Farming Software. If you have any concerns or disputes about the Farming Software, you agree to first try resolving them informally by contacting Company. If an amicable solution is not possible, you agree to submit to the exclusive jurisdiction of Slovenian courts.

XVIII. Notices 

Notices to you may be made via contact details you provided. We may also provide notices of changes to the Terms, the Privacy Policy, or other matters related to the Farming Software by displaying notices or links to you on the Farming Software.

XIX. References

Subject to prior notification, Company shall be entitled to include your name in a list of references. All other references to you shall be agreed upon between the parties beforehand.

XX. Assignment 

Company shall be allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms without the prior written consent of Company.

XXI. Entire Agreement

These Terms constitute the entire agreement between you and Company in relation to your use of the Farming Software and supersede all prior agreements and understandings (including non-disclosure agreements) with respect to the same.

XXII. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

XXIII. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

XXIV. Marketing & PR communications

For any online or offline marketing and PR communications (such as interviews, press releases, social media content, and similar publications) or similar inquiries, please contact us at: marketing@logineko.com.

XXV. Contact Us