We encourage you to read our policies. We kept them short and simple. But we also know that you are busy and have better things to do. Just know that these principles guided us when creating FARMServer:
FARMserver collects and stores two types of information you provide:
FARMserver will not sell, trade, or share your Raw Data with any third parties except as authorized by you in the Data Use Policy. FARMserver will not sell, trade or share your Personal Information to any third parties, unless required by law, regulation, or in response to a court order or subpoena. FARMserver will not use your Raw Data for speculation on commodity exchanges or other purpose for which you have not authorized.
FARMserver may use your Personal Information to provide you technical support for our products or services. FARMserver may use your Personal Information to contact you for feedback, notify you of product updates, policy changes, and to inform you about new products or services.
FARMserver uses reasonable organizational, technical and administrative measures to protect Your Personal Information and Raw Data. If you believe that Your Personal Information or Raw Data is no longer secure, please notify FARMserver immediately.
You may choose to submit weather data to FARMserver independently from Raw Data. "Weather Data" includes information uploaded from weather gathering sources, including temperature, humidity, precipitation, wind speed, wind direction, and other climate data. By choosing to submit Weather Data to FARMserver, you relinquish control of such information to FARMserver. Because such information is aggregated with Weather Data from other users, it cannot be deleted or returned to you once submitted.
FARMserver creates "Derived Data" if authorized by you. Derived Data includes reports, analysis, observations, solutions, and other information that results from queries run by you while using FARMserver. Although Derived Data may not be deleted, you retain the option to delete the underlying Raw Data used to create such Derived Data. Derived Data is anonymous. Your Raw Data alone will not be used as Derived Data. Once created, Derived Data is owned by FARMserver and may not be shared, sold, copied, or transferred by you to another person without the authorized consent of FARMserver.
FARMserver may collect certain "User Data" to better improve Services. Examples of User Data include the method for accessing FARMserver (iPad, Mac, PC, type of smartphone, etc.), duration and number of visits to FARMserver, type of services used on FARMserver, number of acres uploaded and type of raw data uploaded, and the general location of the User. User Data obtained by FARMserver is collected and analyzed in an anonymous format and excludes Personal Information and Raw Data.
FARMserver may use "cookies" to collect information and improve our Services. A cookie is a small data file that FARMserver transfer to your Device. You can instruct your browser to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, you may not be able to use all aspects of the Service.
In addition to cookies, FARMserver uses Google AdWords remarketing to trigger advertisements across the Internet. AdWords remarketing will display relevant ads tailored to you based on what parts of the FARMserver website you have viewed by placing a cookie on your device. This cookie does not identify you, your Raw Data, or provide Google with access to your Raw Data. The Adwords cookie is used to provide you with ads relating to your prior visits to FARMserver's website. Google AdWords remarketing allows FARMserver to tailor our marketing to better suit your needs and only display ads that are relevant to you. Google does not have access to your Personal Information or Raw Data uploaded to FARMserver.
You can set preferences for how Google advertises to you using the Google Ad Preferences page , and if you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
Upon notice of termination of your account for any reason, your account shall become inactive. FARMserver shall retain your Raw Data for a period of ninety (90) days following termination, so that you may download and remove your Raw Data. After ninety (90) days following termination, your Personal Information and Raw Data shall be deleted from FARMserver's servers. Weather Data and any Derived Data generated during your use will not be deleted.
Other third parties may collect, use, or disclose information submitted to FARMserver during your use of the Services, such as Google, Apple, or Microsoft, whose products are used to access FARMserver's Services. FARMserver is not responsible for any disclosure of your information to these or other third parties encountered during your access to the Services.
You are fully responsible and liable for what you copy, share, upload, download or otherwise use while using FARMserver. You may not use FARMserver Services to copy, share, upload, download or otherwise use data and files unless you have the right to do so. You may not upload viruses, spyware or any other malicious software to FARMserver. Your use of the Services must not violate any laws or regulations. You assume full responsibility for any damage caused to FARMserver or other FARMserver users if a virus, spyware, or malicious software program is uploaded to FARMserver by you or someone using your account.
By agreeing to these Terms, you are representing to FARMserver that you are 18 years of age or older. You further represent that anyone accessing your FARMserver account is at least 13 years of age or older, and is either a family member under your supervision or authorized employee or agent.
You may use the Services only in compliance with these Terms. You may assign one (1) user per FARMserver account or additional users in accordance with the Pricing Terms. You are responsible for the acts of other users of your account and should provide a copy of this Agreement to them.
You are responsible for safeguarding the password that you use to access FARMserver and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify FARMserver of any unauthorized use of your account (email@example.com). Passwords are encrypted by FARMserver and unknown to FARMserver. FARMserver can reset passwords if necessary.
Some use of the Services may require you to download a client software package or application ("Software"). FARMserver grants you a limited, nonexclusive, nontransferable, royalty-free, revocable license to use the Software, solely to access the FARMserver application. Your license to use the Software is automatically revoked if you violate these Terms. We reserve all rights not expressly granted in these Terms. You agree that you will not create derivative works, reverse engineer, modify, copy, disassemble or decompile the Software, nor attempt to do so, nor assist anyone else to do so. You also may not rent, lease, sublicense, assign or otherwise transfer the Software to anyone else. FARMserver may update the Software on your device automatically when a new version is available. You agree to pay FARMserver any attorneys' fees incurred by FARMserver in enforcing this provision.
These Terms do not grant you any right, title, or interest in the name FARMserver, the Services or the Software. Please be aware that FARMserver may use your feedback, comments, or suggestions to improve FARMserver without any obligation to you. The Software and other technology FARMserver uses to provide the services are protected by copyright, trademark, and other state and federal laws of the United States. "FARMserver" and the FARMserver logo are trademarks owned by Beck's Superior Hybrids Inc., which may obtain registration through the United States Patent and Trademark Office and applicable state offices. These Terms do not grant you any rights to use or register the name FARMserver, or other trademarks, service marks, trade names, logos, domain names, or brand features associated with the FARMserver (the "Proprietary Designations") or any trademark, service mark, trade name, logo, domain name or brand feature that is identical or confusingly similar to the Proprietary Designations, or that constitutes a translation thereof into any other language. You agree to pay FARMserver any attorneys' fees incurred by FARMserver in enforcing this provision.
You should not upload, download, copy, or share any information that infringes on another's intellectual property rights. We reserve the right to delete or disable information, files, or data that is alleged to be infringing.
You can stop using the Services at any time. FARMserver reserves the right to suspend or terminate your FARMserver account at any time, without cause, without notice and without liability to you. For example, FARMserver will terminate your account if you do not pay the appropriate fee according to the Pricing Terms. FARMserver may suspend or terminate your account if you are not complying with these Terms, or using FARMserver in any way that would cause FARMserver legal liability or disrupt others' use of FARMserver. Likewise, FARMserver may terminate your account if you intentionally upload false data for an illegal or malicious purpose, to be determined by FARMserver.
You agree to indemnify, defend, and hold harmless FARMserver, including its employees, agents, officers, developers, and licensors, from any damages, costs, claims, injuries, and liabilities (including attorneys' fees) arising from your individual use and your organization's use of the Services or the Software. You also agree that this provision shall apply if another person causes damages, costs, claims, injuries, or liability using your FARMserver account, with or without your knowledge. In no event shall FARMserver be liable for any consequential, incidental, special, indirect or punitive damages arising from your use or your organization's use of FARMserver or the Software (including without limitation, damages for loss of business or good will, work stoppage, loss of information or data, loss of revenue or profit or computer failure). The aggregate and total liability of FARMserver for any and all claims arising out of your use of FARMserver will not exceed the amounts actually paid by you for use of FARMserver.
FARMserver may revise these Terms from time to time and the most current version will be available through the FARMserver website. FARMserver will notify you of any changes to these Terms by email or similar electronic communication method. By continuing to access or use the Services after revisions become effective, you agree to be bound by any revised Terms.
The Terms are governed by Indiana law. Any suit naming FARMserver or Beck's Superior Hybrids Inc. (or our owners, employees, or agents) as a party involving these Terms must be filed in the Indiana state courts located in Hamilton County, Indiana, or federal district court located in Indianapolis, Indiana, and you consent to venue and jurisdiction there. These Terms create no third party beneficiary rights. FARMserver 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 the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void. FARMserver may assign its rights without your consent. These Terms do not create a partnership or agency relationship between you and FARMserver. By using FARMserver, you agree that you have had the opportunity to review these Terms, consult your advisors, and have decided to consent these Terms.
FARMserver has the ability to collect “Raw Data,” which includes the following categories:
Agronomic data: seed data, planting data, yield data, disease and pest management data, and crop nutrition data.
Land data: tillage, water management, soil fertility, environmental data, geospatial information, and field boundary information.
Weather data: information uploaded from weather gathering sources, including temperature, humidity, precipitation, wind speed, wind direction, and other climate data.
Machine data: information related to machine performance, such as speed, fuel usage, and engine rpm.
FARMserver will not share your Raw Data unless you provide consent by selecting persons and designating the appropriate permission level in your account setting. You may select one or multiple levels of sharing. The sharing parameters of each permission level are described below. You may select to share your Raw Data:
You may pay the User Fee by personal check or other form of immediately available funds. If you choose to pay the User Fee by personal check, cashier’s check, money order, or other form of bank draft that is acceptable to FARMserver in its discretion, you will be invoiced for the User Fee and payment will be due from you within thirty (30) days from the beginning of the Term. You may use FARMserver during this thirty (30) day period, but if payment is not received within thirty (30) days from the beginning of the Term, your FARMserver account will be suspended until payment is received. If payment is not received within sixty (60) days of the beginning of the Term, your FARMserver account will be terminated. Any overdraft, NSF, or other fees charged by your bank to FARMserver shall be your responsibility and shall be paid immediately.
FARMserver may charge you sales tax or other applicable taxes that are required by law. In that event, the User Fee shall be increased to cover FARMserver obligation to pay such taxes. In the event you are paying the User Fee from a state other than Indiana, your state sales or other applicable taxes may apply. Other than those taxes collected by FARMserver, you are responsible for all taxes associated with use of your FARMserver account.
You agree to indemnify, defend, and hold harmless FARMserver, including its employees, agents, officers, developers, and licensors, from any damages, costs, claims, injuries, and liabilities (including attorneys’ fees) arising from any violation of these Pricing Terms. The aggregate and total liability of FARMserver for any and all claims arising out of the Services will be limited to a refund of the User Fee paid by you.
These Pricing Terms are governed by Indiana law. Any suit naming FARMserver or Beck’s Superior Hybrids Inc. (or our owners, employees, or agents) as a party involving these Terms must be filed in the Indiana state courts located in Hamilton County, Indiana, or federal district court located in Indianapolis, Indiana, and you consent to venue and jurisdiction there. These Pricing Terms constitute the entire agreement between you and FARMserver with respect to the Services. These Pricing Terms supersede and replace any other agreements, terms and conditions applicable to the Services. These Pricing Terms create no third party beneficiary rights. FARMserver’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 the Pricing Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Pricing Terms, and any such attempt is void. FARMserver may assign its rights without your consent. These Pricing Terms do not create a partnership or agency relationship between you and FARMserver. By using the Services, you agree that you have had the opportunity to review these Pricing Terms, consult your advisors, and have decided to consent to these terms.