Welcome to Smart Agri Question (“SAQ”)!
SAQ is a platform to gain and share agriculture knowledge, empowering farmers to learn from others and to improve the productivity and profitability of their farms.
These terms of service (“Terms of Service”) set forth the agreement (“Agreement”) between you and Smart Agri Labs, SL. (“SAL” “we” or “us”). It governs your use of the products and services we offer through our websites and applications (collectively the “SAQ Platform”).
Please make sure to read it, because, by using the SAQ Platform, you consent to these terms.
- The Mission of the SAQ Platform
SAQ’s mission is to share and grow the world’s agriculture knowledge. The SAQ Platform is a place to ask questions and connect with farmers who contribute unique insights and quality answers. This empowers farmers to learn from each other and to better understand their fields.
- Using the SAQ Platform
- Who Can Use It. Use of the SAQ Platform by anyone under 13 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use. If you are accepting these Terms of Service on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to this Agreement.
- Acceptable Use Policy. In your interaction with others on the SAQ Platform, you agree to follow the Acceptable Use Policy at all times.
- Termination. You may close your account at any time by going to account settings and disabling your account. We may terminate or suspend your SAQ account if you violate any SAQ policy or for any other reason.
- Changes to the SAQ Platform. We are always trying to improve your experience on the SAQ Platform. We may need to add or change features and may do so without notice to you.
- Feedback. We welcome your feedback and suggestions about how to improve the SAQ Platform. Feel free to submit feedback at agquestion.com/contact. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.
- Your Content
- Definition of Your Content. The SAQ Platform enables you to add posts, texts, photos, videos, links, and other files and information about yourself to share with others. All material that you upload, publish or display to others via the SAQ Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the SAQ Platform, Your Content may be viewed by the general public.
- Ownership. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted below.
- License and Permission to Use Your Content.
- By submitting, posting, or displaying Your Content on the SAQ Platform, you grant SAL and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the SAQ Platform or the promotion, advertising or marketing of the SAQ Platform or our business partners, in any and all media or distribution methods (now known or later developed), including via means of automated distribution, such as through an application programming interface (also known as an “API”). You agree that this license includes the right for SAL to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with SAL for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on the SAQ Platform or through other media or distribution methods. This license also includes the right for other users of the SAQ Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to our Terms of Service. Except as expressly provided in these Terms of Service, this license will not confer the right for you to use automated technology to copy or post questions and answers or to aggregate questions and answers for the purpose of making derivative works. If you do not wish to allow your answers to be translated by other users, you can globally opt-out of translation in your profile settings or you can designate certain answers not for translation.
- Once you post an answer to a question, you may edit or delete your answer at any time from public display on https://www.agquestion.com, except in the case of anonymously posted answers. However, we may not be able to control the removal of the answer from display on syndicated channels or other previously distributed methods outside of https://www.agquestion.com. SAL may remove suspected spam from your answers. Once you post a question, it may be edited or deleted by other users or by SAL at any time. Any edits and changes made by you may be visible to other users. The right for SAL to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Agreement.
- You acknowledge and agree that SAL may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of SAL, its users, or the public.
- You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
- You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of the SAQ Platform or in violation of our Terms of Service.
- Your Responsibilities for Your Content. By posting Your Content on the SAQ Platform, you represent and warrant to us that: i) you have the ownership rights, or you have obtained all necessary licenses or permissions to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and ii) that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation, including any laws or regulations requiring disclosure that you have been compensated for Your Content. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate SAQ’s Acceptable Use Policy, Copyright Policy, Trademark Policy, other published SAQ policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
- Our Content and Materials
- Definition of Our Content and Materials. All intellectual property in or related to the SAQ Platform (specifically including, but not limited to our software, the SAQ marks, the SAQ logo, but excluding Your Content) is the property SAL, or its subsidiaries and affiliates, or content posted by other SAQ users licensed to us (collectively “Our Content and Materials”).
- Data. All data SAL collects (“Data”) about use of the SAQ Platform by you or others is the property of SAL, its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.
- Our License to You.
- We grant you a personal, limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the SAQ Platform in connection with your use of the SAQ Platform, subject to the terms and conditions of this Agreement.
- SAL gives you a worldwide, royalty-free, revocable, personal, non-assignable and non-exclusive license to re-post Our Content and Materials anywhere on the web, subject to these Terms and Conditions and provided that: (a) the content in question was added to the SAQ Platform after April 22, 2010; (b) the user who created the content has not explicitly marked the content as not for reproduction on the SAQ Platform; (c) you do not modify the content; (d) you attribute SAQ by name in readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the content on https://agquestion.com on every page that contains Our Content and Materials; (e) upon request, either by SAQ or a user, you remove the user’s name from content which the user has subsequently made anonymous; (f) upon request, either by SAQ or by a user who contributed to the content, you make a reasonable effort to update a particular piece of content to the latest version on the SAQ Platform; and (g) upon request, either by SAQ or by a user who contributed to the content, you make a reasonable attempt to delete content that has been deleted or marked as not for reproduction on the SAQ Platform; (h) you don’t republish more than a small portion of Our Content and Materials; (i) you do not use any automated tools to aggregate or create derivative works. In exercising these rights, you may not implicitly or explicitly assert any connection with, sponsorship or endorsement by SAQ, or any SAQ user, without separate, express prior written permission from us.
- We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the SAQ Platform or to remove content. Except for the rights and license granted in these Terms of Service, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
- Permitted uses. If you operate a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, wget utility, or similar data gathering or extraction tool, you may access the SAQ Platform, subject to the following additional rules: i) you must use a descriptive user agent header; ii) you must follow robots.txt at all times; iii) your access must not adversely affect any aspect of the SAQ Platform’s functioning; and iv) you must make it clear how to contact you, either in your user agent string, or on your website if you have one. You represent and warrant that you will not use any automated tools such as artificial intelligence or machine learning i) to create derivative works of Our Content and Materials; ii) to create any service competitive to the SAQ Platform; or iii) for other commercial purposes except as expressly permitted by these Terms of Service or the written consent of SAQ.
- No Endorsement or Verification. Please note that the SAQ Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the SAQ Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the SAQ Platform by anyone.
- Ownership. You acknowledge and agree that Our Content and Materials remain the property of SAQ’s users or SAQ. The content, information and services made available on the SAQ Platform are protected by Spanish and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
- More About Certain Offerings on the SAQ Platform
- Advertisements. The SAQ Platform may include advertisements, which may be targeted to content or information on the SAQ Platform, queries made through the SAQ Platform, or other information, in an effort to make them relevant to you. The types and extent of advertising by SAQ are subject to change. In consideration for SAQ granting you access to and use of the SAQ Platform, you agree that SAQ and its third-party providers and partners may place such advertising on the SAQ Platform. If you wish to become an advertiser, you will be required to enter into separate and supplemental terms with us about providing advertising services on the SAQ Platform.
- Legal, Medical & Other Professional Contributors. Some users who post content are members of legal, medical, and other licensed professions (collectively, “Professional Contributors”). Content posted by Professional Contributors should not be relied on as a substitute for advice from a professional that is appropriate for your specific situation. SAQ has provided certain disclaimer template language that Professional Contributors may edit and incorporate in their answers. Ethics rules differ by state or location, and it is the responsibility of Professional Contributors to determine and provide disclaimers appropriate for their profession and the content provided.
- Buttons, Links and Widgets. You have permission to use SAQ’s buttons, links, and widgets, subject to these Terms of Service (including the disclaimers and limitations of liability) and provided that: (a) your use of such buttons, links and widgets link only to the SAQ Platform; (b) you will not modify such buttons, links, or widgets or associated code in any manner; (c) you will not use any such buttons, links, or widgets in any manner which implies or suggests that SAQ endorses, sponsors, or recommends the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate SAQ’s Acceptable Use Policy.
- Web resources and third-party services. The SAQ Platform may also offer you the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risk arising out of your use of such websites or resources.
- Services that Require Separate Agreement. Certain features or services may require that you enter into a separate and supplemental written agreement prior to use.
- Reporting Violations of Your Intellectual Property Rights, SAQ Policies, or Applicable Laws. We have a special process for reporting violations of your intellectual property rights or other violations of SAQ policies or applicable laws.
- Copyright Policy and Trademark Policy. We have adopted and implemented a Copyright Policy and Trademark Policy. For more information, including detailed information about how to submit a request for takedown if you believe content on the SAQ Platform infringes your intellectual property rights, please read our Copyright Policy and Trademark Policy. For your convenience, we provide you the following Copyright Infringement Claim Form and Trademark Infringement Claim Form, which you should use, as applicable, for fastest processing.
- Reports of Other Violations. If you believe content on the SAQ Platform violates SAQ’s Acceptable Use Policy or otherwise violates applicable law (apart from copyright or trademark violations) or other SAQ policies, you may submit the following Other Infringement Claim Form.
We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies and applicable law.
- DISCLAIMERS AND LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF SAL ENTITIES TO YOU.
“SAL ENTITIES” MEANS SAL, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- WE ARE PROVIDING YOU THE SAQ PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SAL ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- SAQ MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SAQ PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SAQ PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. SAQ MAKES NO WARRANTY THAT: (a) THE SAQ PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE SAQ PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SAQ PLATFORM, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE SAQ PLATFORM WILL BE SATISFACTORY.
- YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAL ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAL ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SAQ PLATFORM.
- YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SAQ PLATFORM IS TO STOP USING THE SAQ PLATFORM.
- WITHOUT LIMITING THE FOREGOING, SAQ’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SAQ PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO SAQ IN CONNECTION WITH THE SAQ PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
- SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART, AND THE FOREGOING SECTIONS 8(c), 8(d), AND 8(e) WILL NOT APPLY TO A RESIDENT OF NEW JERSEY, TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SAQ’S NEGLIGENT, FRAUDULENT, RECKLESS, OR INTENTIONAL MISCONDUCT.
You agree to release, indemnify, and defend SAL Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the SAQ Platform, ii) Your Content, iii) your conduct or interactions with other users of the SAQ Platform, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
- Dispute Resolution
This Agreement and any action arising out of your use of the SAQ Platform will be governed by the laws of Spain without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with your use of the SAQ Platform will be brought solely in Catalonia, Spain, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000 USD, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration will initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- General Terms
- Governing Law and Jurisdiction. You agree that SAL is operated in the Spain and will be deemed to be solely based in Spain and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or regional court in Catalonia, Spain and governed by laws of Catalonia and federal law, without regard to any conflict of law provisions.
- Use Outside of Spain. SAL expressly disclaims any representation or warranty that the SAQ Platform complies with all applicable laws and regulations outside of Spain. If you use the SAQ Platform outside of Spain, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the SAQ Platform.
- Export. The SAQ Platform is controlled and operated from our Barcelona office in Spain. SAQ software is subject to Spanish export controls. No software for SAQ may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations.
- Applications and Mobile Devices. If you access the SAQ Platform through a SAQ application, you acknowledge that this Agreement is between you and SAQ only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the SAQ Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.
- Survival. The following provisions will survive expiration or termination of this Agreement: Section 2(e)(Termination), 2(g)(Feedback), Section 3(Your Content), Section 4(a)-(b) and (d)-(f)(Our Content and Materials), Section 8 (Disclaimers and Limitation of Liability), Section 9 (Indemnification), Sections 10 (Dispute Resolution), and Section 11 (General Terms).
- Government End Users. Any SAQ software and related documentation are “Commercial Items,” as that term is deﬁned at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 (as applicable). Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4 (as applicable), the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. government end users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to this Agreement.
- Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
- Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
- Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the SAQ Platform and constitutes the entire agreement between you and us regarding the SAQ Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
- Interpretation. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
- Notices. All notices permitted or required under this Agreement unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via firstname.lastname@example.org. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
- Relationship. This Agreement does not create a joint venture, agency, partnership, or other forms of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
- Waiver. No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
- Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
- Contact. Feel free to contact us through agquestion.com/contact with any questions about these terms. SAQ is managed by Smart Agri Labs SL.