SupPlant Ltd. 

TECHNOLOGICAL SERVICES TERMS OF USE AND LIMITED WARRANTY AND DISCLAIMER 

General 

These Technological Services Terms of Use and Limited Warranty and Disclaimer (sometimes referred  to as our “Terms of Use”) explain the contractual agreement between you (“you”, “your”) and SupPlant Ltd. («SupPlant», “we”, “us”, “our”), regarding your use of and access to the website located at  https://www.supplant.me, any other websites owned or operated by SupPlant Ltd. or any portions thereof  (collectively, the «Website»), our technological services, including mobile apps known as “SupPlant 

Mobile” and “SupPlant.me” (hereafter collectively referred to as the “App”), and any resources,  features, functionality, or services made available through subscription, such as DSS, and/or the  Website and/or App (hereafter collectively referred to as the “Service”). SupPlant reserves the right at  any time and in its sole discretion to modify or discontinue, temporarily or permanently, the Website,  the App or the Service (or any part thereof) with or without notice. You agree that SupPlant shall not  be liable to you or to any third party for any claim or loss related to you and arising out of such  modification, suspension, or discontinuance of the Service. 

Acceptance 

Your access to and use of the Website and/or App and/or Service signifies that you have read,  understand and agree to be bound by these Terms of Use, whether you are or are not a registered user  of any SupPlant App or Service, and is subject to your compliance with these Terms of Use. SupPlant reserves the right to change, add, or delete any portions of the Terms of Use from time to time, without  liability or prior notice to you, and your continued use of the Website and/or App and/or Service  constitutes your acceptance of and agreement with any and all such changes. It is your responsibility to  regularly check the Website or App of Service contract to determine if there have been changes to the  Terms of Use and to review such changes. If you do not agree to abide by these or any future Terms of  Use, please do not access or use (or continue to access or use) the Website or App and/or Service. In  addition, SupPlant may post additional terms, conditions, rules or requirements related to the Website  and/or App and/or the services and features of either. All such terms, conditions, rules, or requirements  are or will be incorporated by reference into these Terms of Use and you agree to be bound by and  subject to them. At its sole discretion, SupPlant also may offer other services or features governed by  different Terms of Use.  

Users 

You also understand and agree that your use of the Website or App or Service may include certain  communications from us or between us. By using the Website, App or Service, you will be  automatically deemed to have opted in to receive each mail communication from us. When you sign in  to the Website, you may have an opportunity to provide us information regarding yourself and your use  of the App. If so, however, you will be able to edit that information at any time through the Website.  Any user IDs, names or passwords associated with your account shall be maintained by you as  confidential and should not be shared by you with anyone not authorized to have access to your personal  information. Unless explicitly stated otherwise, any new feature or functionality that augments or  enhances the current Service, including the release of or access to new properties, shall be subject to  the Terms of Use.  

Privacy 

By using the Website, App or Service or becoming a registered user, you agree to be subject to the  terms and conditions set forth in our Privacy Policy, which is found in our Website as well.  

Ownership 

The Website, App, and the content and all intellectual property rights included in or associated with the  Website or App, including, but not limited to patents, copyrights, trademarks, service marks, logos, are  either owned by SupPlant or owned by others and licensed to us. All rights, title and interest in and to 

the Website or App and such Content remains with us or our licensors. Additionally, you may not  remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or  legend contained on the Website, App or in the Content. You agree not to access the Service by any  means other than through the interface SupPlant provides via the Website or App for use in accessing  the Service. Your use of the Website, App or Service does not grant you any right, license or permission  of any kind to reproduce or use SupPlant’s intellectual property.  

Termination 

SupPlant shall have the right to terminate your use of the Website, App, Service and/or your registration  privileges at any time for any reason, including, but not limited to, your breach of these Terms of Use,  or your violation of any law, including, without limitation, violations of our intellectual property rights  or the intellectual property rights of a third party, or violations of other applicable laws and regulations.  Following any such termination, SupPlant shall have no further obligations, responsibilities, or  liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the  event that SupPlant terminates your use rights, SupPlant shall in no way be precluded from pursuing  any and all of its additional rights and remedies, either at law or in equity, for any claims, damages,  awards, costs and liabilities occasioned by such breach or violation.  

Linking and Third-Party Content 

The Website, App and Service may contain links to third party websites not under our control or  operation. SupPlant or users may provide any such links only as a convenience; SupPlant does not  endorse and is not responsible for or have control over the contents of any linked site or any link  contained in a linked site. The Website and/or App and/or Service may contain news, advertisements,  content, image and information published by various third-party providers. Use of any such third-party  content may be conditioned upon such third party’s terms and conditions. You are solely responsible  for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other  harmful content.  

Limitation of Liability 

Your use of our Website and/or App is at your sole risk, and SupPlant shall not be liable to you, and  you shall be solely responsible, for the selection, use, and suitability of the Website, App and the  information, content, merchandise and experiences provided via the Website and/or App. SupPlant shall  not be liable to you, and you by making use of the Website and/or App you waive any claim against  SupPlant, for any direct, indirect, incidental, special, exemplary, punitive, or consequential or any other  damages in connection with your use of the Website or App, or purchase or use of products,  merchandise. 

Without detracting from the generality of the foregoing, SupPlant warrants that any Apps and/or Services will perform substantially as described in any SupPlant materials that accompany the Services  description. This limited warranty does not cover problems that you cause, that arise when you fail to  follow instructions, or that are caused by events beyond SupPlant’s reasonable control. Any “advice”  or “recommendations” made under the DSS technology are not a promise or guaranty of any particular  results, and you may use them solely at your own risk. SupPlant DOES NOT GUARANTY ANY  RESULTS, INCLUDING WITHOUT LIMITATION WATER SAVINGS OR CROP YIELDS. 

For the sake of avoiding any doubt, SupPlant does not represent, warrant, undertake or guarantee that  the use of its Services will lead to any particular outcome or result. SupPlant will not be liable to you  in respect of any business losses, including without limitation loss of or damage to profits, income,  revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or  goodwill. 

These limited warranties apply when the first user subscribes to the Services or App and continues for  as long as the Services or Apps are in use. SupPlant gives no other express warranties, guaranties or  conditions. SupPlant excludes all implied warranties and conditions, including those of  merchantability, fitness for a particular purpose, and non-infringement. If your local law does not allow 

the exclusion of implied warranties, then any implied warranties, guarantees, or conditions last only  during the term of the limited warranty and are limited as much as your local law allows. If your local  law requires a longer limited warranty term, despite this limited warranty, then that longer term will  apply, but you can recover only the remedies that this limited warranty allows. 

EXCEPT FOR WARRANTIES SPECIFICALLY CONTAINED IN THIS WARRANTY, SupPlant  DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED  TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY,  FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF 

DEALING. SupPlant DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES WILL  OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFICIENCIES, ERRORS,  DEFECTS OR NONCONFORMITIES WILL BE CORRECTED. THE FAILURE OF PRODUCTS  YOU ACQUIRE FROM THIRD PARTIES OR THEIR SUPPLIERS WILL NOT AFFECT YOUR  OBLIGATIONS TO SupPlant. FOR THE SAKE OF AVOIDING ANY DOUBT, THESE ARE YOUR  SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES, AND YOU HEREBY WAIVE ANY  RIGHTS TO ANY OTHER CLAIMS IN RELATION TO THE SAME. SupPlant DOES NOT  GUARANTY ANY RESULTS, INCLUDING WITHOUT LIMITATION WATER SAVINGS OR  CROP YIELDS. 

Your rights and remedies set forth in this Warranty are exclusive and in lieu of all other rights and  remedies (except to the extent that applicable law prohibits agreements to disclaim warranties or limit  liabilities). 

Data Collection and Use 

You understand that because of making use of our Services, SupPlant collects and makes use of data  from your plants and their environment. Your hereby agree that SupPlant shall have free and unfettered  access to and use of said data, and you hereby waive and relinquish any claims to such data, including  under privacy laws, regulations or other applicable legal duties. SupPlant will have no liability to You  or any other person on your behalf arising from SupPlant’s violation of any restriction on the processing  or use of said data while performing any Services or Apps hereunder. It is Your obligation to provide  a constant and effective access to the internet twenty- four (24) hours a day, seven (7) days a week, that  can support the flow of data from SupPlant’s sensors to its cloud-based processors. SupPlant shall not  have any responsibility for its or its Services or Apps inability to function correctly absent such internet  availability or connectivity. In relation to personal information that you may provide to us in relation  to your use of our technologies, please refer to our Privacy Policy, which is published in our Website. 

Version: November 9, 2020