Terms of Service
1.1 FieldSense A/S, CVR-nr. 36393025, Åbogade 34, 8200 Aarhus N (henceforth “FieldSense”) makes available the crop monitoring platform FieldSense (henceforth the ”Application”) for customers (the ”Customer”) who wish to utilize the software.
1.2 The terms and conditions (henceforth the “Terms and Conditions”) applies between FieldSense and the Customer. If the Customer is a legal person, the Terms are accepted on behalf of the Customer, and the physical person who accepts the Terms and Conditions agrees to have authority to this effect.
1.3 The Terms and Conditions are accepted by (i) utilization of the Application on FieldSenseApp.com as well as on the Application for smartphone and tablet devices, (ii) consent in connection with registering a user or (iii) otherwise by expressing acceptance hereof.
2.1 The subscription is active and in effect after order placement or at a later agreed time and is active until it is terminated in accordance with the Terms.
3.1 The current prices for use of the Application are available at www.FieldSenseApp.com.
3.2 FieldSense can change prices and other subscription terms including content, number of hectares included, functionality etc., with a prior notice of 3 months. All prices quoted are excl. VAT.
4. PAYMENT TERMS
4.1 Invoices and other communications with the Customer shall be forwarded to the Customer’s registered email. It is the sole responsibility of the Customer that his contact information is up to date and correct.
4.2 Payment terms are 14 days net from invoice date.
4.3 If payment still is not received within 14 days after first late payment notice, the access to the Application will be blocked. Access to the Application will only be granted once all arrears, including interest and costs, have been paid. FieldSense reserves the right to claim prepayment after blocking access to the Application.
5.1 Under the terms stated in the Terms and Conditions, FieldSense grants the Customer a non-exclusive access to use the Application made available online as Software as a Service. The Customer does not acquire any rights to the Application or any part of it, and the Customer is not granted license for disseminating the Application.
5.2 The customer’s subscription allows the Customer to use the Application for the number of users, hectares, surveillance analyzes, etc., as demarcated by the selected subscription solution(s).
5.3 The Customer may, under the terms of the Terms and Conditions, purchase additional subscription solutions. Some solutions/services may be associated with individual terms that must be accepted upon purchase of such services. Such separate terms take precedence over the Terms and Conditions.
6. DISCLOSURE OF SUBSCRIPTION
6.1 Customer is not entitled to grant third parties access to the Application if this third party is not affiliated with the Customer’s operation. The Customer agrees for any use and abuse of his login information.
6.2 The Customer is not entitled to transfer his rights under the Terms and Conditions to third parties, either in whole or in part.
6.3 The application may be used solely for the intended purpose and the Customer may not use information from this in such a way that FieldSense’ reputation or credibility may be harmed, just as well as the application should be used in accordance with relevant legislation.
7. SUBSCRIPTION TERMINATION
7.1 The Customer may terminate or change the subscription with a 3 month notice at the end of a calendar quarter (unless otherwise stated in the description or terms of the specific service). Upgrades to the subscription take effect immediately.
7.2 FieldSense can terminate the subscription with a 6 month notice until the end of a calendar quarter.
7.3 In case of the Customer’s material breach of the Terms of Conditions or in case of the Customer’s bankruptcy, FieldSense may terminate the subscription without notice.
8.1 The Customer owns and may freely dispose of own data (field names, etc.) in the Application. Analyzes, map material etc. is, however, not the Customer’s data as this data is provided by FieldSense. FieldSense cannot guarantee that the Customer can export his data at the end of the subscription.
8.2 FieldSense assumes no obligation to store or secure the Customer’s data after the end of the subscription. However, FieldSense will strive to keep the Customer’s data for up to 30 days after the end of the subscription.
8.3 FieldSense is entitled to (even after the end of the subscription) use the Customer’s data, in anonymous form, for statistics and analysis purposes, including the sale of anonymized statistics and data to third parties.
8.4 FieldSense is entitled to use subcontractors in connection with the operation, development or updating of the Application, including for the storage of the Customer’s data.
9. DATA SECURITY
9.1 FieldSense has taken reasonable and usual technical and organizational safeguards as to ensure that the Customer’s data in the Application is not accidentally or illegally destroyed, lost or impaired or is made available for unauthorized persons or is otherwise abused.
10.1 FieldSense strives for an uptime of at least 99%, but does not guarantee this. The application is delivered as it is and FieldSense disclaims any liability for the application’s operating stability.
10.2 Scheduled interruptions, including maintenance and updates, will preferably be performed in the time at. 00.00-4.00 CET. In the event of interruptions outside this period, FieldSense aims to provide prior notice with at least 24 hours’ notice.
11. CHANGES IN THE APPLICATION
11.1 FieldSense is continuously working on improving the Application and the services made available to the Customer. It is therefore necessary for the application to be updated or modified. Such updates or changes may occur without prior notice. For updates or changes that significantly affect Application functionality, the Customer may terminate the Subscription with a shortened notice of 1 month to the end of a calendar quarter.
12. IMMATERIAL RIGHTS
12.1 The application and information/analysis/map data available through the Application, except Customer Data, cf. 8.1, are protected by copyright and other intellectual property rights and fully belong to FieldSense or its partners. The Customer is obliged to inform FieldSense of any current or potential violation of FieldSense’ Intellectual Property Rights that the Customer becomes acquainted with.
12.2 If it is appropriate for an appropriate settlement of the Application, The Customer grants FieldSense a license to use its potential intellectual property rights for such purposes which the fulfillment of the Terms and Conditions and operating considerations otherwise require.
13. TRANSFER OF RIGHTS
13.1 FieldSense may transfer its rights without the prior consent of the third party.
14. DISCLAIMER OF LIABILITY
14.1 FieldSense makes available the application and the services/data contained herein, as it is, and does not guarantee that the data is 100% accurate or correct. The Customer is solely responsible for the conclusions and actions taken by him on the basis of such data, as the data can only form the basis of any conclusions or actions based on the Customer’s own interpretation thereof.
FieldSense disclaims any liability in relation to the use of the Application, including for operating loss, loss of production, consequential damages or other indirect loss, loss of data, or other loss resulting from Customer’s use of the available data.
FieldSense also disclaims any liability in relation to the use of the Application in connection with compensation and insurance cases where the Application and the services/data contained herein are used as evidence.
14.2 Regardless of the type of loss or liability, FieldSense’ total liability may not exceed the Customer’s subscription payments to FieldSense for 12 months prior to the liability of the contingent event.
15. DUTY OF CONFIDENTIALITY
15.1 FieldSense has confidentiality of all information that may be obtained from the Customer, though in respect of 8.3, unless such information is publicly available or FieldSense is required to disclose the information in accordance with legislation or upon court order.
16. CHANGE OF TERMS AND CONDITIONS
16.1 FieldSense is entitled to unilaterally change the Terms without prior notice. The current Terms and Conditions will be available at FieldSenseApp.com. Use of the Application after a change of these Terms and Conditions constitutes acceptance of such changed Terms and Conditions. It is the Customer’s obligation to keep up to date on changes to the Terms and Conditions.
17.1 The Terms and Conditions and the parties’ legal relationships are otherwise governed by Danish law and any dispute arising from the cooperation of the parties, including the Terms and Conditions, must be established in accordance with the city court appointed to FieldSense’ registered office.
18. E-MAIL COMMUNICATION
18. 1 FieldSense reserves the right to send e-mails to the Customer when there are updates to the Application, or if new features and applications are deemed to be of interest to the Customer. The receipt of e-mails can be unsubscribed at any time by clicking the ‘unsubscribe’ link in the forwarded e-mails.
The Terms and Conditions are version 2.0, valid from 25-05-2018 and supersede previous terms.