Terms of Use

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.

Dated: November 9, 2020

SupPlant

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