TERMS OF USE

Privacy and Data Use Policy: Your privacy and data security are important to us.

Terms and Conditions
Last updated: June 04, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the app.profit.ag, analytics.ag or related website or the Ag-Analytics mobile application (together, or individually, the "Service") operated by Ag-Analytics Technology Company, LLC. (“Ag-Analytics,” "us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service. Use of and access to the Services is intended for the United States.

Privacy and Data Use Policy
Your privacy and data security are important to us.
We are committed to protecting your privacy online. In order to better provide you with our numerous services, we collect three types of information and data (“Data”) from and about our users: Personally Identifiable Information (PII), Farm Data, and Non-Personally Identifiable Information (Non-PII). PII refers to information that lets us know exactly who you are, e.g., your email address or first and last name, address, etc. Non-PII refers to information that does not by itself identify a specific individual, e.g., your marketing preferences, what Internet browser you are using, or the web address that you just came from when you visited our Website. Farm Data includes but is not limited to information such as fields, field locations, agronomic data, Geographic Information System (GIS) precision farm data and sensor data, farm productivity and business data, and precision agriculture data including harvest, seeding, tillage, and application operation data. Farm Data and related GIS data is not considered PII under this agreement. Our primary goal in collecting either your PII, Non-PII, and Farm Data is to provide you with a smooth, efficient, and customized experience while using the Website and providing you our Services.

We use your PII to provide our Services to you and for no other purposes. Specifically, when you opt in to become a member to use our Service, we collect and use your PII to: (i) set up your user account or (ii) respond to your inquiries or requests. We use Non-PII and Farm Data to: (a) compile aggregated demographic and statistical data about our Website usage; (b) better understand the preferences of our members and Website visitors and (c) conduct research and development for new products and services. We also use Non-PII and Farm Data in a general, aggregated form to help us enhance the smooth operation of the Website, improve our marketing and promotional efforts, statistically analyze the Website’s use, improve our service offerings, and customize the Website’s content, layout, and services.

Rest assured that we DO NOT and WILL NOT share or sell your PII with anyone else.

The importance of security for all PII associated with our users is of utmost concern to us. We use a variety of security technologies and procedures to help protect your PII from unauthorized access, use, or disclosure. For example, all PII in production systems is encrypted behind a Secure Sockets Layer and stored in a secure cloud. So, you can rest assured that your PII is secure, consistent with current industry standards.

Our Website is not directed to children. Nonetheless, if we inadvertently collect PII from children 13 years of age or under, their parents always may review, or request that we delete their child’s PII, or refuse to permit the further collection or use of it.

Data Ownership and Security

You represent and warrant that the Farm Data that you provide us is accurate and that you have all rights to grant us the license to the Farm Data. You represent and warrant that you will use any information acquired by means of the Services in a lawful and responsible manner. As a user, you own all your Farm Data as entered into the Service, including data you authorize for transfer to our system (e.g., from John Deere Operations Center). You hereby grant us and our affiliates and our and their successors, a non-exclusive, fully sublicenseable, transferable, unlimited, royalty-free, irrevocable, worldwide right and license to access, , use, store, reproduce, and prepare derivative works based on your data. , This license includes Farm Data and other Data that you make available on or by means of the Services or otherwise make available to us, in any media formats, and may be used by us for all purposes including without limitation for our internal business purposes, to develop and expand our business, to engage in modeling, research and development activities and other activities. This license includes use of the Farm Data to compile, use and disclose anonymous data that include the Farm Data, and aggregated statistics and compiled microdata sets that include the Farm Data, provided that reasonable efforts shall be taken so that no such information disclosed publicly will publicly directly identify you, with the exception that location data shall not be deemed sufficient to identify you. You shall be solely responsible for ensuring that you have obtained all necessary third party consents and made all required disclosures in connection with the foregoing license grant before using or transferring data to the Service. You further grant us the right to use anonymized data in our modeling and other research efforts. This license includes use of your Data including Farm Data to compile, use and disclose anonymous Data that include your data, aggregated statistics that include your data, datasets and compilations that include your data, , provided no such information contains PII. For the purposes of these Terms, PII shall not be considered to extend to GIS data, Farm Data, or other business data. We do use your data to run analyses that help us provide better tools to you and to perform other research and product development, but any data incorporated into our models or research outputs is masked so that it cannot be used to identify you, but we do not necessarily mask location. Your PII data will remain confidential. We will delete any PII upon your request in production systems to the best of our ability if you ever choose to close your account. Your Data may be retained in confidential, secure backups which we keep for compliance and other purposes. However, aggregated or anonymized data, Farm Data, and other data may remain in our systems.

All internet communication and data in Ag-Analytics’ network is encrypted using HTTPS/TLS. This is same encryption and security used modern internet payment systems and other secure websites. Your confidentiality will be kept to the degree permitted by the technology being used. You agree that you will only provide accurate data and will not purposefully incorporate inaccurate data into the system. Your account information is viewable to you through the website and your identity will not be publicly disclosed. You understand, acknowledge and agree that all aggregated, anonymized data, derivative works, modifications and improvements made from your data (collectively, “Derivative Works”) are and shall be owned exclusively by Ag-Analytics. Derivative Works are not, and will not be deemed, “works made for hire” as that term is defined by the U.S. Copyright Act (17 U.S.C. § 101). Ag-Analytics reserves all rights in Derivative Works. Nothing herein assigns, or will be deemed to assign, Derivative Works to you. You may close your account at any time, in which case we will delete any personally identifiable data. If you close your account, we can not recover it. At certain times, we may use third-party individuals and organizations to assist us in operating our website and technology, conducting our business, auditing our business, verifying our models, or providing services to you. Our trusted third-parties will be bound by terms of confidentiality. In the event that the we are required by applicable law, rule, regulation or lawful order or ruling of any court, government agency or regulatory commission to disclose any data, and/or if it is required to be disclosed by law or by regulatory or judicial process, then data will be so disclosed at our discretion.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Ag-Analytics cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Ag-Analytics’s customer support team. A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Ag-Analytics with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Ag-Analytics to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Ag-Analytics will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date,
with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Ag-Analytics may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Ag-Analytics until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, Ag-Analytics reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Ag-Analytics, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Ag-Analytics will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective, which may include posting new prices on our website. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds and Cancellations

Except when required by law, paid Subscription fees are non-refundable. If you feel you are entitled to a refund regardless, you are encouraged to contact us promptly for support. There are no fees associated with refunds or cancellation of services or your account.

Content

Our Service may allow you to post, link, store, share and otherwise make available certain data, information, text, graphics, videos, or other material ("Content") through your account. You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. Ag-Analytics has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on the Website or through this Service are the property of Ag-Analytics or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without the express, prior, written permission from us. Subject to Section 230 of the Communications Decency Act, 47 U.S.C. § 230, Ag-Analytics disclaims all liability for any Content posted by you.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work has been publicly posted on our Website in a way that constitutes copyright infringement, please submit your claim via email to josh@ag-analytics.org, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims." You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims made on the infringement of any Content found on our Website and/or through the Service.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on our Website and/or the Service where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at josh@ag-analytics.org

On notice, we will act expeditiously to review and if necessary to remove any Content on our Website and/or the Service that infringes the copyrights of others. Any such removal will be without liability to us or any other party and the claims of the complaining party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and others, very seriously.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality, including Derivative Works, and all copyrights therein are and will remain the exclusive property of Ag-Analytics and its licensors. The Service and Derivative Works are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior, written consent of
Ag-Analytics.

The information on the Website and through the Service is provided for educational purposes only. You may not reverse engineer, misuse, or otherwise copy our data or services. The APIs may not be used to power other websites or products without our express, prior, written consent and without a paid subscription.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Ag-Analytics We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Ag-Analytics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

Upon notice to you, we may terminate or suspend your account and/or bar access to the Service immediately, without liability to you, if in our sole discretion you breach the Terms. If you wish to terminate your account, you may simply discontinue using the Service and/or close your account in the account management portal. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, data licenses, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Ag-Analytics and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms, or (c) Content posted on the Service, (d) any Data you transfer to the Service.

Limitation Of Liability

In no event shall Ag-Analytics, or its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content or Data, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Your use of and/or reliance on the Website and/or the Service is at your own risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Ag-Analytics its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. This Website may not be in compliance with The General Data Protection Regulation 2016/679. If you are in or reside in the European Union then you are not authorized to access this site. . While we attempt to provide you with useful services, we cannot and do not represent or warrant that you will find such information useful or that our suggestions will be either accurate or comprehensive.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law / Entire Agreement

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. You may not assign, transfer or delegate any of your rights or obligations under these Terms without Ag-Analytics’ prior, written consent.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide notice through email or through the our website. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at support@analytics.ag

Copyright 2019 Ag-Analytics Technology Company, LLC.