Terms of Service

Last Modified: January 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Farm Mind Technologies S.L. ("Farm Mind," "we," "us," or "our"), concerning your access to and use of the Farm Mind platform, including our website at www.farmmind.eu, mobile applications, APIs, and all associated services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these terms, you do not have permission to access our Services.

2. Description of Services

Farm Mind provides a precision dairy farming platform that includes:

• Digital twin technology for individual cow monitoring
• Milk quality prediction and analysis
• Methane emissions tracking and reporting
• Feed efficiency optimization
• Herd health management tools
• Sustainability reporting and compliance tools
• Integration with milking systems and IoT devices
• Data analytics and reporting dashboard

Our Services are designed for commercial dairy farming operations and require integration with compatible hardware systems.

3. Account Registration and Security

3.1 Account Creation

To access our Services, you must:

• Be at least 18 years old
• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Be legally authorized to operate or manage a dairy farming operation
• Have the legal capacity to enter into binding agreements

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use
• Ensuring that all users accessing the Services through your account comply with these Terms

We reserve the right to suspend or terminate accounts that violate these Terms or pose security risks.

3.3 Account Types

4. Subscription and Payment Terms

4.1 Subscription Plans

Services are provided on a subscription basis:

• Monthly or annual billing cycles
• Per-cow pricing model
• Volume discounts for large operations
• Custom enterprise agreements available

4.2 Payment Terms

• Payment is due upon subscription renewal
• All fees are non-refundable except as required by law
• Prices are exclusive of applicable taxes
• We accept major credit cards and bank transfers
• Late payments may result in service suspension

4.3 Price Changes

We may modify pricing with 30 days' notice for monthly plans and 60 days' notice for annual plans. Continued use after price changes constitutes acceptance.

4.4 Free Trials

Free trial terms:

• One trial per farm organization
• Limited to 30 days unless extended
• Full payment required for continued service
• No guarantee of feature availability post-trial

5. Acceptable Use Policy

5.1 Permitted Use

You may use our Services only for:

• Lawful dairy farming operations
• Managing and optimizing milk production
• Compliance with regulatory requirements
• Educational and training purposes related to your operations

5.2 Prohibited Uses

5.3 Data Accuracy

You agree to:

• Provide accurate farm and cow data
• Update information as changes occur
• Not manipulate or falsify production data
• Maintain data integrity for regulatory compliance

6. Intellectual Property Rights

6.1 Our Intellectual Property

All rights, title, and interest in the Services, including:

• Software and algorithms
• Digital twin technology
• User interface designs
• Documentation and training materials
• Trademarks and logos
• Data models and analytics methods

remain the exclusive property of Farm Mind or our licensors.

6.2 Your Data

You retain ownership of:

• Farm operational data
• Cow health and production records
• Custom reports and analyses you create
• Information you input into the system

6.3 License Grants

To You: We grant you a limited, non-exclusive, non-transferable license to access and use the Services according to these Terms.

To Us: You grant us a worldwide, royalty-free license to use, process, and analyze your data to:

• Provide and improve our Services
• Generate anonymized benchmarking data
• Develop new features and insights
• Comply with legal obligations

6.4 Feedback

Any feedback, suggestions, or improvements you provide become our property and may be used without compensation or attribution.

7. Data Processing and Privacy

7.1 Data Collection

By using our Services, you acknowledge that we collect:

• Farm operational data
• Cow health and production metrics
• Environmental sensor data
• System usage information

7.2 Data Use

We process your data in accordance with our Privacy Policy to:

• Deliver predictive analytics
• Generate performance reports
• Provide optimization recommendations
• Create anonymized industry benchmarks

7.3 Data Security

We implement industry-standard security measures but cannot guarantee absolute security. You acknowledge the inherent risks of data transmission and storage.

8. Third-Party Integrations

8.1 Equipment Integration

Our Services integrate with third-party equipment:

• Compatibility is not guaranteed for all systems
• Integration requires proper configuration
• We are not responsible for third-party equipment failures
• Updates may affect integration functionality

8.2 Third-Party Services

We may use third-party services for:

• Payment processing
• Data storage
• Analytics
• Communication tools

These services are governed by their own terms and privacy policies.

9. Service Level Agreement

9.1 Availability

We strive for 99.5% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance.

9.2 Support

Support levels vary by subscription:

• Basic: Email support during business hours
• Professional: Priority email and phone support
• Enterprise: Dedicated account manager and 24/7 support

9.3 Data Backup

We maintain regular backups but recommend maintaining your own records for critical data.

10. Disclaimers and Limitations of Liability

10.1 Service Disclaimer

10.2 No Guarantee of Results

We do not guarantee:

• Specific improvements in milk production or quality
• Accuracy of predictions or recommendations
• Compliance with specific regulations
• Prevention of animal health issues
• Achievement of sustainability targets

10.3 Limitation of Liability

10.4 Professional Advice

11. Indemnification

You agree to indemnify and hold harmless Farm Mind, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising from:

• Your use of the Services
• Violation of these Terms
• Infringement of any rights of third parties
• Your farm operations and practices
• Inaccurate or misleading data you provide

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Providing 30 days written notice
• Paying all outstanding fees
• Exporting your data before termination

12.2 Termination by Us

We may terminate or suspend your account immediately for:

• Violation of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Risk to system security or other users

12.3 Effect of Termination

Upon termination:

• Access to Services ceases immediately
• Outstanding fees become due
• You may request data export within 30 days
• Licenses granted under these Terms terminate
• Anonymized data may be retained for analytics

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal proceedings, parties agree to attempt good-faith negotiation for 60 days.

13.2 Arbitration

Disputes not resolved informally shall be submitted to binding arbitration under the rules of the International Chamber of Commerce (ICC).

13.3 Exceptions

The following disputes are not subject to arbitration:

• Intellectual property infringement claims
• Requests for injunctive relief
• Small claims court matters

13.4 Governing Law

These Terms are governed by the laws of Spain, without regard to conflict of law principles.

13.5 Venue

Any legal proceedings shall be brought in the courts of Barcelona, Spain.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Service Orders, constitute the entire agreement between you and Farm Mind.

14.2 Modifications

We may modify these Terms at any time. Material changes will be notified via:

• Email to registered users
• In-app notifications
• Website announcements

Continued use after modifications constitutes acceptance.

14.3 Severability

If any provision is found unenforceable, the remaining provisions shall continue in full force.

14.4 Waiver

Failure to enforce any right or provision does not constitute a waiver of future enforcement.

14.5 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

14.6 Force Majeure

Neither party is liable for delays or failures due to causes beyond reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

14.7 Export Compliance

You agree to comply with all applicable export and import laws and regulations.

14.8 Survival

Provisions that by their nature should survive termination shall remain in effect, including intellectual property, indemnification, and limitation of liability clauses.

15. Specific Terms for Different Jurisdictions

15.1 European Union Users

For users in the EU:

• You have statutory rights under EU consumer protection laws
• These Terms do not limit mandatory consumer rights
• GDPR rights are detailed in our Privacy Policy

15.2 United States Users

For users in the United States:

• DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SECTIONS APPLY TO THE FULLEST EXTENT PERMITTED BY STATE LAW
• Some states do not allow exclusion of implied warranties or limitation of liability

15.3 Brazilian Users

For users in Brazil:

• These Terms comply with the Brazilian Civil Code and Consumer Defense Code
• LGPD rights are addressed in our Privacy Policy

16. Contact Information

For questions about these Terms, please contact us at:

Version History:

• Version 1.0 - January 2025 - Initial release