Date Updated: 05.15.2023
The SWAT RECORDS App (the “App”) available on both the Apple App Store and the Google Play Store is licensed, not sold, to you. Your license for the App is subject to your acceptance of this Agreement (as defined hereinafter) which you agree will apply to your use of the App on all Apple-branded products running iOS (including, but not limited to, iPad, iWatch, and iPhone; the “iOS Devices”) and all mobile, computer, TV, watch, tablets and/or any other supported or compatible device running any smartphone and/or tablet operating systems(the “Other Devices” and collectively with the iOS Devices, the “Devices”), including, but not limited to, Android and Windows mobile devices. The App and all related intellectual property are owned by Croptimistic Technology Inc. (“Croptimistic”).
This Agreement shall also operate as a master services agreement, which shall govern any use by you of Croptimistic’s SWAT RECORDS platform software data hub for information collection, SWAT MAPS software program, which provides farm soil mapping services, and the Website, which provides a software-as-a-service (collectively, the “Ecosystem Services”).
All capitalized terms used in the Agreement shall have the meanings set forth in Exhibit 1(Definitions) attached hereto. Other capitalized terms used in the Agreement are defined where they are used and have the meanings so indicated.
By clicking the “I accept” button, you agree that this SWAT RECORDS End User License Agreement and SWAT ECOSYSTEM Master Services Agreement (“Agreement”) is a legally binding contract between you and Croptimistic. If you do not agree, you should click the “I do not accept” button and you shall not download, install, or use either the App or software provided by this Agreement.
END USER LICENCE AGREEMENT PROVISIONS FOR THE APP
1. Scope of License: This Agreement grants you a limited, non-transferable, non-sublicensable and non-exclusive license to install and use the App on any Devices that you own or control. Even though copies of the App may be provided on media of different formats, copies of the App on different media formats do not constitute multiple licenses to the App. The App is licensed, not sold. This license does not allow you to use the App on any Devices that you do not own or control. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the App and if you sell your Device to a Third Party, you must remove the App from the Device before doing so. You may not copy, decompile, reverseengineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any updates. Any attempt to do so is a violation of the rights of Croptimistic. If you breach this restriction, you are liable to Croptimistic for all damages of any sort.
The terms of this Agreement will govern any updates or upgrades provided by Croptimistic that alter, modify, improve, replace, or supplement the App, unless such update or upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.
You must ensure that all Authorized Users comply with the terms and conditions of this Agreement, and you are liable for their conduct.
2. Consent to Use of Technical Data: You agree that Croptimistic may collect and use technical data, any ancillary data Croptimistic deems necessary for proper use and operation of the App and related information—including technical information about your Device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services related to the App. Croptimistic may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you and other users.
3. Termination. The license is effective until terminated by you or Croptimistic. Your rights under this license will terminate automatically without notice from Croptimistic if you fail to comply with any term of this license. Upon termination of the license, you shall cease all use of the App and destroy all copies of the App. Termination of the App will not cause your raw data to be deleted from Croptimistic and Croptimistic may continue to possess and maintain such data until it, acting in its sole discretion, deems it appropriate to delete.
4. SWAT ECOSYSTEM Services Access. The App may enable access to the Ecosystem Services. Use of the Ecosystem Services requires internet access. You agree that the Ecosystem Services contain proprietary content, information and material that is owned by Croptimistic, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You also agree that you will not use such proprietary content, information, or materials in any way except for permitted use of the Ecosystem Services or in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a Third Party, including, without limitation, Apple, Google or Microsoft or any affiliates thereof. No portion of the Ecosystem Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, license, loan, sell, distribute, or create derivative works based on the Ecosystem Services, in any manner, and you shall not exploit the Ecosystem Services in any unauthorized way, including using the Ecosystem Services to transmit any computer viruses, worms, trojan horses, or other malware, or by trespass or burdening network capacity.
5. Third Party Policies May Apply. Certain other license and user agreements may apply to your use of the App on your Device(s). Consult your Device manufacturer and/or its operating system developer for other potentially applicable terms.
SWAT ECOSYSTEM MASTER USER AGREEMENT PROVISIONS FOR ECOSYSTEM SERVICES
6. SWAT Ecosystem Services. If you maintain an active account with Croptimistic and pay the required fees (as advised by Croptimistic, on occasion), Croptimistic grants you the right to access the Ecosystem Services. The Ecosystem Services are subject to change at any time, at the sole discretion of Croptimistic, as Croptimistic may add, remove, modify, revise, or alter functionalities. The right to access is limited to you, as an Authorized User, and your use of the Ecosystem Services are subject to any terms of use and privacy policy conditions that may be located on the Website, as may be amended, on occasion. If, at any time, Croptimistic, in its sole discretion, deems that a user has not properly identified themselves as an Authorized User, may terminate and/or remove such user and exclude them from using any or all of the Ecosystem Services.
7. Ag Data Use and Ownership. The Ecosystem Services are designed to collect and/or receive inputted data generated on farms. Ag Data can be collected by Croptimistic from several sources, including uploading by you, by your agronomist or other trusted advisor, custom operators, and through connections with other data sources (with may include, without limitation, application programming interfaces). Upon receipt of the Ag Data, by Croptimistic, you, your employees, contractors, officers, consultants, advisors, agronomists, operators, agents, and any other party who may have an interest in the Ag Data shall grant to Croptimistic an irrevocable, non-exclusive, royalty free, right to use, store, transmit, broadcast and display license to your Ag Data as Croptimistic deems necessary to perform the Ecosystem Services. Croptimistic may also generate new Ag Data as part of its Ecosystem Services. Croptimistic shall be the sole legal and beneficial owner of any new Ag Data generated by the Ecosystem Services. Croptimistic shall be permitted to:
(i) clean, modify or edit your Ag Data by removing perceived errors and omissions;
(ii) store your Ag data on servers owned or leased by Croptimistic, in such locations as Croptimistic deems necessary;
(iii) share your Ag Data with others as either authorized by you or necessary for Croptimistic to perform the Ecosystem Services; and (iv) use your Ag Data in any purpose Croptimistic deems necessary to permit it to provide the Ecosystem Services to you or other users.
You are responsible for the Ag Data you transfer, share, upload, download while using the Ecosystem Services. You may not upload viruses, spyware, or other malicious software to the Ecosystem Services. You assume full responsibility for any damage caused to Croptimistic or other users of the Ecosystem Services if you or someone using your account, with or without your permission, violates this provision. Furthermore, you agree that you shall indemnify and save Croptimistic harmless from any damages resulting from the Ag Data you, or someone using your account, transfers, shares, uploads or downloads to the Ecosystem Services as well as any claims any Third Party makes, which shall include, without limitation, your employees, contractors, officers, consultants, advisors, agronomists, operators, and agents, against Croptimistic in association with any of the Ag Data.
8. Sharing Ag Data with Third Parties and Integration. The Ecosystem Services provides you with the ability to share your Ag Data with Third Parties, which may include, without limitation, other Ecosystem Services users, technology providers, software, and applications and/or related or ancillary service providers (“Integrations”). Prior to Croptimistic sharing your Ag Data with a Third Party it will obtain your consent, which may include, but is not limited to you using a share button or link within the Ecosystem Services. You acknowledge that once such consent to share with a particular Third Party has been provided to Croptimistic, it is no longer responsible for and no longer has control over how such Third Party may use, transmit, convey, broadcast, or otherwise handle your Ag Data. By providing consent to Croptimistic to share your Ag Data, you explicitly waive any claim or action you may have against Croptimistic for the Third Party’s use of your Ag Data and hold Croptimistic harmless of any claims, actions, orders, costs, expenses, losses, or damages that may result therefrom.
9. Integration with Other Technology Providers. Croptimistic is continually working to provide users with options to transfer and share data among different companies and data platforms. When your Ag Data is transferred or shared with a Third Party, your use is subject to that Third Party's policies and contract terms. Likewise, Croptimistic may allow you to upload Ag Data directly from outside Integrations. Any uploads from third parties are subject to Croptimistic's policies, which may be amended, revised, or supplemented at any time.
10. Granting Trusted Advisors Access to Ag Data. You may grant your Trusted Advisors access to view, edit, upload, and download your Ag Data. Prior to your Trusted Advisors being granted access to your Ag Data, they must become a registered user of the Ecosystem Services and agree to the terms of this Agreement. Once access has been granted to your Trusted Advisor, Croptimistic cannot reclaim or delete any of such data on your behalf. Once access to your Ag Data is granted to your Trusted Advisor, Croptimistic is no longer responsible for and has no control over how your Trusted Advisor may use, transmit, convey, broadcast, or otherwise handle your Ag Data. You explicitly waive any claim or action you may have against Croptimistic for the Trusted Advisor’s access to and use of your Ag Data and hold Croptimistic harmless of any claims, actions, orders, costs, expenses, losses, or damages that may result therefrom. Through use of the App, Ecosystem Services, or contacting Croptimistic, you may revoke your Trusted Advisors access to your Ag Data at any time, to be effective as of completion of the revocation; however, revocation is not retractive and previous access or sharing to your Ag Data cannot be undone.
11. Government. Subject to the provisions set out in this Agreement, Croptimistic will not share your Ag Data with government authorities or agencies unless you provide your consent and direction. Notwithstanding the foregoing, this promise will not prevent Croptimistic from complying with a court order or other valid government request that requires Croptimistic to legally disclose information to a government agency or authority. Croptimistic shall notify you of any valid request to obtain your Ag Data. Croptimistic shall have no liability to you for disclosure of Ag Data in response to a court order, or other government demand that legally requires Croptimistic to respond.
12. Aggregated and Anonymous Data. Croptimistic may anonymize and aggregate your Ag Data with data from other users to create aggregated datasets (“Aggregated Data”) or anonymize some or all of your Ag Data by removing readily identifiable features that could link such Ag Data to you (“Anonymous Data” and collectively with Aggregated Data, “Croptimistic Collected Data”). Croptimistic Collected Data does not contain identifiable information about you as an individual, such as your name, phone number, email address, address, or other contact information. Aggregated Data that is made accessible to other users of the Ecosystem Services is provided in datasets that are large enough to prevent the personal identification of you. You acknowledge and agree that Croptimistic is the legal and beneficial owner of the Croptimistic Collected Data and you have no ownership interest or otherwise in the Croptimistic Collected Data and without in any way limiting the foregoing, specifically disclaim, in favour of Croptimistic, any interest you may have had, have now, or will have in the future of the Croptimistic Collected Data. Croptimistic has the full right and authority to use the Croptimistic Collected Data for any purpose it deems necessary, including, without limitation, using it for marketing purposes, analytics, presentations, transmitting, broadcasting, conveying and/or sharing it with any Third Party, without providing notice or seeking consent of such use to any party.
13. Payment Terms. Croptimistic does not charge a fee to create an account. Croptimistic offers limited Services as a free service to Authorized Users. To access certain advanced functions in Ecosystem Services you may be charged a fee ("Fee"), as set out by Croptimistic, which may be modified or amended at any time. Payment of the Fee may be subject to additional terms provided by Croptimistic at any time or required by a thirdparty payment processor. Without limiting the foregoing, in the event you do not pay the Fee in full within sixty (60) days after accessing or using the services for which the Fee was rendered, Croptimistic shall be permitted to terminate this Agreement and your account and the terms of section 15(d) of this Agreement shall not apply. For greater certainty, Croptimistic shall be permitted to immediately delete your Ag Data.
14. Availability of Ecosystem Services. Croptimistic will use commercially reasonable efforts to minimize any disruptions in the Ecosystem Services to you. Notwithstanding the foregoing, Croptimistic may, and in certain circumstances is obligated, at any given time, to schedule updates, software and hardware upgrades, maintenance, and system down time in order to maintain the functionality, security and efficiency of the Ecosystem Services. During such updates, upgrades, maintenance, and system down time, all or some of the Ecosystem Services may be unavailable (collectively, "Routine System Unavailability”). In addition to the foregoing and without in anyway limiting it, down time may also occur due to emergencies or causes beyond the control of or that were not foreseeable by Croptimistic including, but not limited to interruption or failure of telecommunications carriers or digital transmission links, data breach, network attacks, network congestion, DDOS, or other attacks, intrusion, or other failures as well as acts of God (collectively, "Force Majeure Events"). As a result of it not being foreseeable, Croptimistic has no obligation to you to provide any notice prior to Force Majeure Events. Croptimistic is not liable to you for any damage or injury caused due to Routine System Unavailability or Force Majeure Events. Furthermore, Croptimistic is not liable for any delays or disruptions of the Ecosystem Services caused by any internet service providers or mobile data providers.
15. Your Use Obligations. You covenant, acknowledge, and agree as follows:
(a) that the Ag Data and other information used in connection with the Ecosystem Services shall not contain any data, information, trademarks, trade secrets, or other intellectual property, registered or unregistered, that violates any applicable law or infringes or misappropriates any intellectual property of any Third Party. You further agree that the Website and Ecosystem Services shall not be used in connection with any illegal activity;
(b) that you are responsible for maintaining the confidentiality of your password(s) and account information for all Authorized Users and are further responsible for the actions of all Authorized Users. You will use reasonable security measures to prevent unauthorized users from accessing the Ecosystem Services and Ag Data. You are responsible for and shall defend and indemnify Croptimistic from any Losses (as defined below) or loss of data due to (i) the acts or omissions of Authorized Users accessing and using the Ecosystem Services and/or Ag Data; and (ii) the acts of unauthorized users accessing the Ecosystem Services and/or Ag Data with your or other Authorized Users' account logins;
(c) that you shall not permit any Malware to be uploaded or otherwise transmitted to the Ecosystem Services; and
(d) if your account with Croptimistic terminates or closes, for any reason whatsoever, you will have been deemed to have forfeited and abandoned all ownership claims to your Ag Data. Once forfeited and abandoned, although Croptimistic has no obligation to do so, it may delete, retain, collect, transmit, broadcast, anonymize and/or aggregate your Ag Data. Croptimistic is not responsible or liable to you or any Third Party for any forfeited and abandoned Ag Data and furthermore has no responsibility to retain and/or delete all or any part of the Ag Data on your behalf. For greater certainty, deletion of your Ag Data will not cause or result in the deletion of any Croptimistic Collected Data.
16. Trademarks and Intellectual Property. This Agreement does not grant you any right, title, or interest in the name "SWAT MAPS," "SWAT RECORDS," the logo associated with the Ecosystem Services, or any other registered or unregistered intellectual property owned by Croptimistic. The Ecosystem Services and other technology provided by Croptimistic may be protected by copyright, trademark, patent, and other provincial and federal laws of Canada. "SWAT MAPS," "SWAT RECORDS," and associated designs and logos are registered trademarks owned by Croptimistic. This Agreement does not grant you any rights to any other trademarks, service marks, trade names, logos, domain names, or brand features associated with or owned by Croptimistic, including those marks used by Croptimistic belonging to others (collectively, the "Proprietary TMs") or any trademark, service mark, trade name, logo, domain name, or brand feature that is identical or confusingly similar to the Proprietary TMs, or that constitutes a translation thereof into any other language. You agree to indemnify, hold harmless, and reimburse Croptimistic from any legal fees incurred by Croptimistic as a result of enforcing this provision.
17. Croptimistic Proprietary Mapping (SWAT MAPS). Authorized Users can use the Ecosystem Services to create soil-based zone maps with unique characteristics for use on your farm ("SWAT MAPS"). SWAT MAPS are the property of the Authorized User who is responsible for paying for the SWAT MAPS’ creation. Croptimistic makes no warranty that any SWAT MAPS are accurate, fit for a particular purpose, merchantable, or will increase yield or achieve any intended result. Authorized Users should not rely solely on a SWAT MAPS for making agronomic decisions for their farming operations. In the event of account termination of closure, SWAT MAPS shall be subject to the provisions of section 15(d) hereof as though they were Ag Data.
18. Term and Termination for Ecosystem Services. Subject to section 3 hereof, the term of this Agreement for the purpose of accessing and using the App and/or Ecosystem Services shall be until either party provides the other party with notice of termination. Termination shall be deemed effective thirty (30) days from the date that the said notice of termination is delivered to the other party.
19. Termination Due to Default. Croptimistic may suspend or terminate your account at any time for violation of this Agreement and in such occurrence, the terms of section 15(d) shall not apply. Croptimistic may suspend or terminate your account if you are using the Ecosystem Services in any way that would cause Croptimistic legal liability or disrupt others’ use of the Ecosystem Services. All indemnity and liability provisions in this Agreement shall survive its termination.
GENERAL PROVISIONS
20. Indemnification. You agree to defend and indemnify Croptimistic, together with its agents, directors, officers, employees, servants, and contractors from and against any and all claims, judgments, expenses, damages, costs, including legal fees and court costs, fines, orders, losses, or liabilities (collectively, “Losses”), to the extent that such Losses are caused in whole or part by, (i) your breach, in any way, of this Agreement; (ii) someone other than you using your account to access the App or Ecosystem Services; (iii) your negligent act or omission; or (iv) your willful misconduct. You are liable under this indemnity provision for anyone who uses the App or Ecosystem Services with your account, whether an Authorized User or someone who accesses your account with or without your authorization. This section shall survive after expiration or termination of this Agreement.
21. NO WARRANTY: YOU AGREE THAT USE AND PROVISION OF THE APP AND ECOSYSTEM SERVICES ARE AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APP, ECOSYSTEM SERVICES AND ANY OTHER SERVICES PERFORMED OR PROVIDED BY THE APP AND ECOSYSTEM SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CROPTIMISTIC DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, ECOSYSTEM SERVICES AND ANY OTHER SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE USE, PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF THE APP AND ECOSYSTEM SERVICES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRDPARTY RIGHTS.
22. Limitation of Liability. Croptimistic is not liable for any incidental, special, direct, or indirect or consequential damages, including, without limitation, permitted disclosure of your Ag Data, loss of data, lost profits, business interruption, loss of employee work time or other commercial damages or losses arising out of your use or inability to use the App, Ecosystem Services or associated data and/or services. This exclusion of the liability of Croptimistic shall prevail even when you advise of the possibility of such damages or losses. Without in anyway limiting the foregoing, in no event shall Croptimistic’s total liability to you for all damages exceed the Fee paid by you for use of Croptimistic App and Ecosystem Services during the preceding twelve (12) months. Notwithstanding anything contained herein, Croptimistic shall not be responsible to you for any loss, damage to, or unauthorized disclosure your Ag Data due to: (i) Force Majeure Events or any other event outside the reasonable control of Croptimistic; or (ii) someone other than you, whether authorized or not, accessing and/or using your account.
23. Portability. Not all of your Ag Data is downloadable by you and any Ag Data that is downloadable by you (“Downloadable Data”) may change at any time. You can download your Downloadable Data at any time, provided you maintain an active registered account with Croptimistic. Croptimistic does not in any way provide a guarantee or assurance that the Downloadable Data will be retrievable in its original format. Upon receipt by Croptimistic of the Ag Data, Croptimistic may be required to convert or reformat your Ag Data into a format conducive to and compatible with the Ecosystem Services. Such formatting process may be irreversible. Croptimistic shall not be responsible to you or any Third Party for any Losses or damages resulting from reformatted Ag Data nor will Croptimistic have any obligation to convert or return your Ag Data to its original format.
24. Ownership and Limits to Use. The App and Ecosystem Services will always remain the sole and exclusive property of Croptimistic. Any copy of either the App or Ecosystem Services made in accordance with this Agreement must indicate the ownership of Croptimistic. In order to protect the rights of Croptimistic, you undertake to comply with the following conditions: (a) you may not reproduce, transmit or provide access to the App or Ecosystem Services on any Device or other personal computing device that is not authorized by this Agreement, either because it is not owned by you, because it exceeds the limits on copying and use set by this Agreement, or for the benefit of any person that is not employed by you;
(b) you may not loan, sell, or otherwise distribute all or any part of the App or Ecosystem Services;
(c) you may not decompile, disassemble, or undertake any form of reengineering process on the App or Ecosystem Services or provide your assistance to any effort of a Third Party to do so; and
(d) you may not modify or alter in any manner the App or the Ecosystem Services or take part in any such effort initiated by a Third Party.
25. Access to the Source Code. This Agreement does not grant you the right to access the source code of the App or Ecosystem Services.
26. Modifications. Croptimistic may revise this Agreement from at any time. Croptimistic will notify you of any modifications to this Agreement when you enter into the Ecosystem Services or on your next use of the App. By continuing to use the Ecosystem Services and/or App after being notified of any revisions to this Agreement, you agree to be bound by terms of the revised Agreement.
27. Security/Notice. Croptimistic takes reasonable and customary security measures to protect the privacy and security of your Ag Data. In the event of a data breach, natural disaster, or other unforeseen event that causes your Ag Data to be deleted or otherwise compromised, Croptimistic will notify you of such when you log in, by email, or other method as may be required by law.
28. Storage and Retention. Ag Data is stored on servers owned or leased by Croptimistic. If you have requested the deletion of your personal information, subject to other provisions in this Agreement, it will be deleted within a reasonable amount of time after Croptimistic receives your request, notwithstanding any other provision in this Agreement. Croptimistic shall store your Ag Data as long as you have an active registered account with Croptimistic and immediately following deactivation of your account, account closure or account termination, the terms of section 15(d) hereof shall apply.
29. Lawful Use. Your use of the Ecosystem Services and/or App must always be lawful. You must be at least 18 years of age or older. Any use of your account must be authorized by you. If required by law or legal action, nothing in this Agreement shall prevent Croptimistic from disclosing any of your personal information or Ag Data.
30. Croptimistic Policies Apply. Croptimistic has additional policies (the “Policies”) set out at https://swatmaps.com/privacy/ which are periodically updated. You and your access to and use of the App and Ecosystem Services shall be subject to the Policies, as they may be amended from time to time.
31. Additional Legal Terms. This Agreement is governed by the laws of the Province of Saskatchewan and the laws of Canada applicable therein, and you consent to venue and jurisdiction of the Province of Saskatchewan. This Agreement creates no third-party beneficiary rights. Croptimistic’s failure to enforce a provision is not a waiver of its right to do so at a later date. If any provision is found unenforceable, the remaining provisions of this Agreement will remain in full effect and an enforceable term will be substituted reflecting Croptimistic’s intent as closely as possible. You may not assign any of your rights in this Agreement, and any such attempt is void. Croptimistic may assign its rights without your consent or providing notice to you. You agree that you have had the opportunity to review this Agreement, receive independent legal advice regarding this Agreement and their respective rights and obligations set forth herein, consult your advisors, and have decided to consent hereto. This Agreement, and any exhibits (including any schedule attached thereto) attached hereto, is the entire agreement between you and Croptimistic with respect to the subject matter hereof and supersedes any prior agreement or communications between you and Croptimistic, whether written, oral, electronic, or otherwise.
32. Updates. Croptimistic may, in its sole discretion at any time, provide App and Ecosystem Services maintenance and support services that include, without limitation, updates, upgrades, bug fixes, patches, and other error corrections (collectively, “Updates”). You agree to download and install such Updates when available. You further agree that all Updates will be subject to this Agreement. Croptimistic has no obligation to provide Updates.
33. Inquiries. If you need to contact Croptimistic for any purpose regarding the App or Ecosystem Services, please email support@swatmaps.com
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
EXHIBIT 1
DEFINITIONS
"Ag Data” means collectively, the following types of data categories: Land Data. This information includes soil and fertility data, topographical, elevation, watershed, and drainage data, geospatial information, and tillage and conservation data.
"Agronomic Data" This includes crop and field information, such as planting data, seed type, yield, disease and pest management application, fertilization, and prescriptions. Farm Management Data. This includes information related to financial, regulatory compliance, supply chain, and other management data.
"Machine Data" This information includes telematics information, machine health, fuel consumption, load and data generated by equipment.
"Weather and Climate Data" This includes temperature, precipitation, wind speed and direction, soil moisture and similar information. Each of the foregoing data categories is meant to be a general guide and is subject to change.
“Authorized User” means a registered user of the Ecosystem Services that has created an account, log-in and password with the Website of which you created and are in control of or responsible for. An Authorized User must be identifiable by their first and last name, a valid telephone number, and email address.
“Malware” means any of the following: computer instructions or code that can alter, destroy, shut down, lock out, lock up, encrypt, inhibit, or interfere the operation of or access to computer software, databases, data, network, servers, or any related computer environment, including but not limited to other programs' data storage and computer libraries; programs that self-replicate without manual intervention; instructions programmed to activate at a predetermined time upon a specified event; programs that permit unauthorized access to computer software or hardware or databases; programs that purport to do a meaningful function but are designed for a different and harmful function; and programs that perform no useful function but utilize substantial computer, telecommunications, memory, or other resources, including viruses, Trojan horses, botnets, spiders, time bombs, protect codes, data destruction keys, trap doors, kill switches, DDOS (distributed denial of service) code, and similar code or devices.
“Person” means any individual, corporation, company, partnership, limited partnership, joint venture, syndicate, sole proprietorship, association, joint stock company, trust, trustee, executor, administrator or other legal personal representative, limited liability company, unincorporated organization, governmental authority, or any other form of entity.
“Trusted Advisors” are individuals or companies that you want to access your Ag Data. Examples of Trusted Advisors include agronomists, crop consultants, crop protection representatives, lenders, insurers, your employees, family members, landowners, farmers, livestock owners, and others designated by you.
“Third Party” means any Person that is not you or Croptimistic.
“you” or “your” means the Person that has accepted this Agreement and/or creates a SWAT RECORDS account for use of the App and/or Ecosystem Services.
“Website” means the SWAT MAPS website having the URL www.SWATMAPS.com.
