Last revised: 25.02.2026
Terms of Use and Privacy Policy
This Agreement is published exclusively in English. Any translated version made available by Company or third parties is provided for convenience only and shall have no legal effect.
Please read this Terms of Use and Privacy Policy (Agreement) carefully. By registering an account or using the Offerings, you (User or You) acknowledge that you have read and agree to be bound by this Agreement.
1. Scope and Parties
This Agreement is a legally binding contract between Doktar (we, us or Company), having its registered office at the address stated in Section 24 (About Company), and you, as the User of the Company’s Offerings (hardware, software, or services). It governs your use of the Offerings.
This Agreement applies to all Users of the Offerings. It also applies to Users invited by Corporate Customers (referred to as Corporate Customers) or Partners. This Agreement governs the relationship between you (as an end User) and Doktar unless otherwise stated. If you access other Services of Doktar (such as our public website or offline Services), additional privacy notices or terms may be presented for those contexts.
For the purposes of applicable data protection laws (including the GDPR), Company acts as the Data Controller unless a Corporate Customer explicitly determines the purposes and means of processing personal data, in which case the Corporate Customer acts as Data Controller (or joint Data Controller where applicable) and Company acts as Data Processor on its behalf.
2. Definitions
For clarity in this Agreement, the following definitions apply:
- Offerings: Means all products, services, and solutions provided by Company, including but not limited to software applications (web, mobile, desktop), APIs, integrations and related interfaces, hardware devices and equipment (including IoT devices and sensors and their features such as cameras), data access and processing services, analytics and visualization tools, subscription-based or cloud-hosted services, and any professional, technical, or support services.
- User (also “You”): Any natural person or Organization that creates an account or uses the Offerings. Legal entities can use the Offerings with their authorized personnel. Users may register independently or be invited by a Corporate Customer or Partner.
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Corporate Customer: An Organization that has a business relationship with Company and may invite individuals (e.g. its employees, members, customers, end Users or partners) to use the Offerings under its management. A Corporate Customer may have a separate agreement with Company governing enterprise use of the Offerings. Corporate Customers are responsible for informing their users about Company’s involvement as Data Processor, in accordance with applicable data
protection laws.
- Partner: Means any third party, Organization, or individual that collaborates with Company in connection with the Offerings, including but not limited to distributors, resellers, subcontractors, solution providers, and business affiliates.
- Organization: Any legal entity or business body other than Company, including but not limited to Corporate Customers, enterprises, institutions, cooperatives, associations, or other commercial or non-commercial entities.
- Data Controller: The entity that determines the purposes and means of processing personal data. Company is the Data Controller for personal data processed in the context of the Offerings, except where a Corporate Customer is identified as the Data Controller for specific data sets (in which case Company acts as Data Processor on its behalf).
- Data Processor: An entity that processes personal data on behalf of a Data Controller. Company may act as a Data Processor when handling personal data on behalf of a Corporate Customer (the Data Controller) in situations where a Corporate Customer invites you to the Offerings or integrates with our Offerings.
- Personal Data: Any information relating to an identified or identifiable natural person, as defined under GDPR (excluding anonymized data and purely organizational data not linked to an identifiable natural person).
- System Access Tools: Credentials and security information used by the User to access the Offerings, such as Usernames, passwords, PINs, or authentication tokens. These are confidential and unique to each User.
- Communication Channels: The methods by which we may communicate with Users, including but not limited to email, telephone calls, SMS/text messages, push notifications (mobile or web), in-app messages, and other digital communication means.
- Subprocessors: Third-party Service providers engaged by Company to assist in providing the Services or processing personal data on our behalf (for example, cloud hosting Services, analytics providers, communication tools, etc.).
Other capitalized terms used in this Agreement have the meanings given to them in context. In this Agreement, “including” means “including without limitation”.
3. Corporate Customers and API Integrations
Company offers enterprise solutions allowing Corporate Customers to use the Services for their business or to invite individual Users to the platform. If you are invited to use the Services by a Corporate Customer, please note the following:
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Your Rights and This Agreement: As an invited User, you are still required to create an account (or have an account created for you) and agree to this Agreement. This Agreement applies to your use of the Offerings, even if your access is provided via a Corporate Customer’s account. In case of any conflict between this Agreement and a Corporate Customer’s contract with Company, the terms that are more specific to the corporate Service may apply between the Corporate
Customer and Company, but your conduct on the Offerings remains subject to these Terms of Use.
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Data Controller/Processor Roles: If you were invited by a Corporate Customer or you use the Offerings as part of a corporate/enterprise deployment, that Corporate Customer may be the Data Controller with respect to any personal data it manages (for example, data about its personnel, clients, customers, or Users). In such cases, Company acts as a Data Processor processing your data on the documented instructions of the Corporate Customer. Privacy section of this Agreement
still applies to how we handle your data, but you may also be subject to the Corporate Customer’s privacy notices or policies.
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API and Integrations: We may provide API access or integration capabilities for Corporate Customers to connect the Offerings with their own systems or third-party Services. Use of our API or integrations must comply with this Agreement and any additional API terms we provide. The Corporate Customer is responsible for using the API in accordance with data protection laws – for example, ensuring they have the right to transfer any personal data of Users via the API.
Company is not liable for any data misuse or breaches caused by a Corporate Customer’s use of the API or integrations.
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Indirect End Users via Corporate Integrations: In some cases, Corporate Customers may integrate the Offerings into their own applications or services using APIs or system integrations. This may result in personal data being shared with Company, accounts being created automatically, or service-related records being generated for individuals who may not directly interact with Company or be aware of Company’s involvement. In such scenarios, the Corporate Customer remains
responsible as Data Controller (or joint Data Controller, where applicable) for providing required notices and obtaining any necessary consents from such individuals. Company acts solely as Data Processor unless otherwise legally determined. Corporate Customers represent and warrant that they have obtained all required legal bases, notices, and consents (where applicable) from End Users whose personal data is transferred to Company through APIs or integrations, and that such transfer
complies with applicable data protection laws. Corporate Customers agree to indemnify Company for any claims arising from failure to obtain such permissions.
In summary, being invited by a Corporate Customer does not exempt you from these Terms of Use and Privacy Policy. Both you and the Corporate Customer must abide by applicable terms and laws. If you have questions about how your data is handled in a corporate scenario, please contact the Corporate Customer or Company for more information.
4. Account Registration and Membership
Eligibility: You must be at least 18 years old to register and use the Offerings. If you are under 18, you may only use the Offerings with the involvement and consent of a parent or legal guardian, who must supervise and assume responsibility for your use.
Account Creation: To access most features of the Offerings, you need to create a User account by providing truthful and up-to-date information (such as your name, contact details, and any other required registration information). You will choose or be provided with System Access Tools (e.g. a password, one-time codes) for login. You are responsible for maintaining the confidentiality of your login credentials and restricting access to your account. You agree to notify us
immediately of any unauthorized use of your account or breach of security.
Accurate Information: All information you provide during registration and use of the Offerings must be accurate, truthful, and kept current. If any of your information changes, you must update your account promptly. We rely on the latest information you provided; if it is not up to date, you understand that you might not receive important services, notices, and we will not be responsible for any consequences as a result. You also acknowledge that if you provide any false,
outdated, or misleading information, we have the right to suspend or terminate your account (and any Services provided) and you may be liable for any damages or losses incurred due to your misinformation.
Account Access: You can log in to the Offerings using the phone number, email you registered with, along with your password (or other authentication method provided). You agree not to share your account credentials with others. You are responsible for all activities that occur under your account. If you suspect that someone else is using your account, inform us immediately.
Membership and Subscription: Basic registration to the Offerings is free. Upon registering and accepting this Agreement, you become a User of the Offerings with access to certain free Services. Some features or content may only be available to paid subscribers or Users with specific account types:
- If the Offerings offers subscription plans or premium features, you may need to purchase a subscription (e.g., via in-app purchase or another payment method) to access those Services. The scope of available Services will depend on your subscription level.
- In some cases, Company may grant trial access or free use of certain Services to new Users or as part of promotions. We reserve the right to determine which features require a paid subscription and to modify free or trial Offerings.
If you have been invited by a Corporate Customer, your access to features may be determined by the Corporate Customer’s arrangements with Company. For example, a Corporate Customer might sponsor your subscription or provide you access to certain enterprise-only features. If your relationship with the Corporate Customer ends, Company may adjust or terminate your access unless you continue under an individual account or another arrangement.
5. Fees and Payment
Currently, we do not charge any fee for basic membership in the Offerings. Many Services can be used free of charge. However, Company reserves the right to introduce fees for certain Services or subscription tiers in the future.
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Subscription Fees: Where a subscription or one-time payment is required for specific Services or features, the applicable fees will be disclosed within the Offerings (or via the app store or platform through which you access our Service). If you choose to subscribe to a paid Service, you agree to pay the displayed fees and any associated taxes on a timely basis. Payments may be processed through the mobile app stores (e.g., Apple App Store, Google Play Store) or via
other payment processors authorized by Company.
- Changes in Fees: Fees and pricing are subject to change. If we change our subscription fees or introduce new charges, we will notify you in advance (for example, through the Offerings or by email). If you do not agree to a fee change, you may cancel the subscription before the new fees take effect. Continuing to use the paid Services after the effective date of a fee change constitutes your acceptance of the new fees.
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Payment Method: You must provide a valid payment method (e.g., credit/debit card or other accepted method) to pay for subscriptions. If you purchase through an app store, the store’s own payment terms will apply (e.g., your card on file with Apple or Google will be charged). You authorize Company or its payment processors to charge your provided payment method for all fees due. For recurring subscriptions, you agree that the payment method will be automatically charged
at the interval disclosed (e.g., monthly or annually) until you cancel the subscription.
- Invoices and Receipts: Company or the respective app store or payment platform will issue an electronic invoice or receipt for any payment you make. This may be sent to the email address associated with your account or made available through your account portal. It is your responsibility to ensure your contact information is correct to receive billing communications.
- Failure to Pay: If a required fee cannot be charged to your provided payment method (due to expiration, insufficient funds, or otherwise) or if you dispute a valid charge without justification, we may suspend or revoke your access to the paid Services. You are responsible for any fees or charges incurred by Company due to chargebacks or payment disputes caused by you.
- Refunds: Subscription fees (and any other payments) are generally non-refundable after the Service has been accessed or used. Any refund will be provided only where explicitly required by applicable law. Purchases made via app stores are also subject to the applicable app store’s refund policies.
- Promotions and Trials: Company may occasionally offer promotional codes, discounts, or free trial periods. Such offers are subject to the specific terms that accompany them. We reserve the right to modify or withdraw promotions at any time, as permitted by law.
6. Acceptable Use and User Obligations
By using the Offerings, you agree to use it in accordance with this Agreement, all applicable laws and regulations, and the principles of good faith and fair use. You, as the User, have the following obligations and commitments:
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Compliance with Laws and Respect for Rights: You must use the Offerings in compliance with all relevant laws (including, where applicable, GDPR, export control laws, intellectual property laws, etc.) and not infringe upon the rights of anyone else. This means you shall not use the Offerings to violate any law or regulation, and you shall not violate or misappropriate the rights of Company or any third party, including intellectual property rights,
privacy rights, confidentiality, or other personal or proprietary rights.
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Provide and Maintain Accurate Information: You confirm that all information and content you provide via the Offerings is accurate, truthful, and up-to-date, and that you have the right to share it. If any information you’ve provided is or becomes incorrect or false, you will be solely responsible for any consequences. Company is not responsible for verifying the accuracy of User-provided information, but if we discover information that is clearly false or misleading, we
may suspend or terminate your account.
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Ownership and Authority Over Submitted Assets: You represent and warrant that you own, or otherwise have full lawful authority and permission to use, manage, and submit any asset (land, plantation, enterprise, device, imagery, telemetry, or related assets) or related data that you provide through the Offerings. Company does not verify ownership, usage rights, or legal entitlement over such assets or data. Any legal, commercial, regulatory, ethical, or third-party
disputes arising from submitted asset data are solely your responsibility, and Company assumes no liability in relation thereto. You further represent that any personal data of third parties submitted by you is provided in compliance with applicable data protection laws and with all required authorizations.
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Account Security: You are responsible for maintaining the confidentiality of your System Access Tools (login credentials, passwords, etc.). Do not share your password or verification codes with anyone. You must notify us immediately if you suspect unauthorized access to your account. While we employ security measures to protect the Offerings, you acknowledge that any activities conducted through your account (until you notify us of a security breach) will be presumed to
have been authorized by you.
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Use of Contact Details: The contact information (email, phone number, address etc.) you provide must be your own or that which you are authorized to use. You should have sole control or reasonable access to these contact points. You agree to actively monitor these channels for messages from Company. You also agree that we may use these contacts to send you Service-related notices. You will not register contact details that belong to someone else or that are fake or
inaccessible.
- Good Faith Use: You agree to use the Offerings honestly and in good faith. You will not engage in any activity that constitutes misuse of the Offerings, including any form of fraud, manipulation of data, or any practices that are unethical or harmful to others. Always use the Offerings as it is intended to be used.
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Prohibited Activities: To maintain a safe and lawful environment, you must NOT do any of the following while using the Offerings:
- No Illegal or Unauthorized Use: Do not use the Offerings for any unlawful purposes or to promote illegal activities. This includes not using the Offerings in any manner that would violate any local, national, or international law or regulation. You also shall not use the Offerings to post or transmit any content that is illegal, fraudulent, defamatory, harmful, or offensive (including content that is harassing, discriminatory, or incites violence).
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No Infringement of Rights: Do not violate the rights of Company or others. You must not upload or share content that you do not have the right to use, or that infringes or misappropriates intellectual property rights (such as copyrights, trademarks, patents), privacy rights, or confidentiality obligations. For example, do not post someone else’s personal data without their permission, and do not share proprietary business information if you’re under a duty to keep it
confidential.
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No Harmful Code or Attacks: Do not introduce viruses, worms, malware, or any other technology or code intended to harm the Offerings, disrupt other Users’ devices, or gain unauthorized access to any system. You agree not to upload, transmit, distribute, or otherwise introduce any malicious or technologically harmful material into the Offerings’ software or servers. Also, do not attempt to hack, attack, disable, or interfere with the normal operation or security
features of the Offerings (this includes not launching any denial-of-Service attacks, not attempting to bypass security measures, and not using the Offerings to spam or phish others).
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No Damage to the System: Do not take any action that imposes an unreasonable or disproportionately large load on our infrastructure or that could damage, disable, or impair the functioning of the Offerings. This means you should not attempt to reverse-engineer the Offerings, scrape data in a manner not allowed by our interface, or use any automated means (like bots, scrapers, or scripts) to access or use the Offerings in a disruptive manner. Automated login or mass
account creation is strictly prohibited unless expressly permitted by Company.
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No AI Training or Model Development Using the Offerings: You must not use, extract, scrape, download, copy, or otherwise leverage any part of the Offerings, Services, content, outputs, data (including agricultural data, imagery, telemetry, analytics, recommendations, or any derived data) to train, fine-tune, validate, benchmark, improve, or operate any artificial intelligence or machine learning models, systems, or tools (whether proprietary, open-source, or
third-party), or for any automated data harvesting or model development purposes, without Company’s prior written authorization.
This prohibition applies regardless of whether such use is direct or indirect, commercial or non-commercial, internal or external, and includes use for building competing products or services. You must not attempt to reverse-engineer, extract training data from, or infer underlying models or datasets used in the Offerings. You must not use outputs from the Offerings, including any derivative, transformed, summarized, or synthetic datasets created from such outputs, to build, train,
evaluate, benchmark, or augment datasets for artificial intelligence systems.
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No Impersonation or False Identity: You must not misrepresent your identity or affiliation with any person or entity when using the Offerings. Do not impersonate any other person, falsely claim to represent an Organization you are not associated with, or otherwise mislead Company or other Users as to your identity. For example, you should not use another person’s credentials, and you should not create an account under someone else’s name or a name that you are not
authorized to use.
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No Spam or Unsolicited Communications: You agree not to use the Offerings to send unsolicited or bulk communications to any Users or third parties (unless explicitly allowed as part of the Offerings’ intended features, and in compliance with law). This includes not using the Offerings to send out mass marketing messages, advertisements, or other forms of spam. You also must not use any feature of the Offerings to harass or threaten others or to send obscene or
indecent messages.
If you engage in any of the above prohibited behaviors or otherwise violate these Terms of Use, Company may take appropriate action, including warning you, removing offending content, suspending or terminating your account, and/or pursuing legal remedies if necessary. You may also be subject to civil or criminal penalties under applicable law for unlawful conduct.
6A. User Content and Data License
By submitting, uploading, transmitting, or otherwise making available any data, content, imagery, telemetry, field information, notes, or other materials through the Offerings (“User Content”), you grant Company a worldwide, royalty-free, non-exclusive, transferable, sublicensable license to host, store, process, analyze, reproduce, modify, transform, display, and distribute such User Content solely for the purposes of:
- providing, operating, maintaining, securing, and improving the Offerings;
- generating analytics, insights, and recommendations for you;
- complying with legal obligations; and
- creating anonymized or aggregated datasets.
This license continues for as long as necessary to provide the Services and thereafter only to the extent required for backups, legal compliance, dispute resolution, or anonymized analytics.
You represent and warrant that you have all necessary rights and lawful authority to provide the User Content and to grant this license.
Company does not claim ownership of User Content.
7. Company’s Rights and Service Management
As the provider of the Offerings, Company reserves certain rights to manage and protect its platform and business. You acknowledge and agree to the following:
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Service Modification and Availability: We may, at any time and in our sole discretion, expand, modify, update, suspend, or discontinue any part of the Offerings or the Services (temporarily or permanently). This includes adding or removing features, changing the User interface or the way the Service operates, and restricting access to some parts of the Offerings for maintenance or other purposes. We do not guarantee that the Services will always be available or free from
errors. There may be times when certain features or the entire Offerings are unavailable due to scheduled maintenance, unexpected outages, or factors outside our control. While we strive to keep the Offerings up and running smoothly, we make no commitment that the Services will be continuously available without interruption.
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Content Management and Removal: Company is not responsible for content posted by Users or third parties on the Offerings, but we reserve the right to monitor, moderate, and manage content to ensure a safe and lawful environment. We may remove, edit, or block any User content (such as comments, messages, or other data you upload) that we, in our discretion, find to violate this Agreement or our guidelines, or that is otherwise objectionable (for example, content that is
unlawful, offensive, or infringes on others’ rights). We are not liable for any loss of data or content you might experience if we remove something that violates our rules. We also reserve the right to terminate or suspend the account of any User who posts such content or otherwise violates the rules of the Offerings or community guidelines. This can be done without prior notice if the violation is serious (e.g., posting illegal material or threats).
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Third-Party Links and Content: The Offerings may contain links to external websites or display content provided by third parties (including other Users). These links or contents are provided for your convenience or as part of User interactions, but they are not under the control of Company. We do not endorse, guarantee, or take responsibility for third-party websites, Services, or content. If you click on a third-party link, you do so at your own risk, and you should
understand that this Agreement and our Privacy Policy do not apply to those external sites or Services. Company shall not be held liable for any damages or losses incurred by your use of any third-party content or websites accessed through our Offerings.
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Temporary Suspension for Security: Company may limit or disable your access to the Offerings (entirely or partially) without prior notice if we believe it is necessary for security reasons, to protect our systems or other Users, or to prevent misuse of the Services. For example, if we detect unusual activity on your account that suggests it may be compromised, we might temporarily lock the account while investigating. Similarly, if any part of the Offerings is
experiencing technical issues or a security vulnerability, we might restrict access to address the issue. In such cases, we will make reasonable efforts to restore full access as soon as it is safe and feasible to do so.
- Service Changes and Refunds: We reserve the right to discontinue or alter any Service or feature as needed. If you have a paid subscription to a Service that we discontinue or substantially alter in a way that materially reduces its functionality, Company may, only where explicitly required by applicable law, provide any refund, credit, or alternative remedy.
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Enforcement and Reporting: Company has the right, but not the obligation, to monitor compliance with this Agreement. We appreciate when Users report any problems or violations. If you believe another User is violating these terms or misusing the Offerings, you can notify us via the contact details set out in Section 19 (Contact Information) or through any provided reporting mechanisms in the Offerings. We will review reports and act at our discretion. We also reserve the
right to investigate any potential violation of this Agreement or behavior that affects the Offerings, and to cooperate with law enforcement authorities or court orders requesting or directing us to disclose the identity or behavior of anyone we believe has violated the law.
Reservation of Rights: No license is granted to use Company’s trademarks, trade names, logos, or branding without prior written authorization. We remain the owner of all rights, titles, and interests in and to the Offerings, including any content we provide and the underlying technology.
No Warranty: To the maximum extent permitted by applicable law, the Offerings are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory. This includes, without limitation, any warranties arising from course of dealing, course of performance, or usage of trade. Company does not warrant that the Offerings will be uninterrupted, error-free, secure, or free from defects.
Professional and Advisory Disclaimer: The Offerings may provide agronomic insights, recommendations, alerts, forecasts, analytics, or other informational outputs, whether generated automatically by systems or communicated by authorized representatives of the Company, based on data inputs, satellite imagery, third-party sources, models, or professional judgment. Such information may include professional or expert insights; however, it is provided on a non-binding basis and
does not replace your own independent evaluation, professional judgment, or responsibility for decisions made based on the Offerings.
The Company does not guarantee the accuracy, completeness, reliability, or suitability of any recommendation or output for your specific circumstances. Agricultural outcomes may vary due to weather, soil conditions, pests, human factors, equipment variability, data quality, and other external conditions beyond the Company’s control.
You acknowledge that all decisions made based on the Offerings, including any guidance provided by Company personnel, are made at your sole discretion and risk. You remain solely responsible for verifying recommendations and for all farming, operational, commercial, or regulatory decisions taken based on the Offerings.
The Offerings do not constitute guaranteed professional services and are provided as decision-support tools only.
You acknowledge that agronomic recommendations may involve uncertainty and professional judgment, and that Company shall not be liable for errors, omissions, or differing expert opinions, whether generated by automated systems or provided by authorized personnel.
8. Export Compliance
You represent that you are not located in, under control of, or a national or resident of any country subject to EU, UN, U.S., or other applicable trade sanctions or embargoes. You agree not to use the Offerings in violation of export control or sanctions laws, including transferring data, software, or technology to restricted jurisdictions or persons.
Company may suspend access if required for compliance with export regulations.
9. Confidentiality
Mutual Confidentiality: During your use of the Offerings, you and Company may exchange information that is confidential or proprietary. “Confidential Information” includes any non-public information disclosed by one party to the other that is identified as confidential or that should reasonably be understood to be confidential given the nature of the information and the context of disclosure.
Both you and Company agree to keep each other’s Confidential Information strictly confidential and to use it only for the purposes of using or providing the Services as allowed by this Agreement. Neither party will disclose the other’s Confidential Information to any third party without prior written consent, except to the extent required by law or legal process (in which case, the party required to disclose will, if lawful, give the other party notice and an opportunity to object or seek
an appropriate protective order).
User’s Personal Data: You understand that in order to provide the Services, Company will collect and process some of your personal data (for example, your name, contact details, and other information you provide or that we collect through your use of the Offerings). We treat Users’ personal data with appropriate confidentiality safeguards in accordance with applicable data protection laws. Company is committed to protecting your personal information in accordance with
applicable data protection laws, including GDPR. Details about what data we collect and how we use and protect it are provided in the Privacy Policy sections of this Agreement. In summary:
- We will process your personal data only for the purposes and on the legal bases described in this Agreement (e.g., to perform our contractual obligations to you, to comply with legal obligations, for our legitimate interests, or on the basis of your consent where required).
- We implement appropriate technical and organizational security measures to safeguard your data.
By using the Offerings, you also agree that you will keep any personal data of other individuals you might access through the Offerings (if any) confidential and will process it in accordance with applicable data protection laws. For instance, if you view information about other Users or about individuals through a feature (with their consent or as part of the Service), you must treat that information with care and only use it for the purposes for which it was provided.
Access to Personal Data is strictly limited on a need-to-know basis to authorized operational roles acting under Company’s responsibility, and only to the extent necessary for providing the service or performing support, maintenance, debugging, security investigations, service improvement, or legal compliance duties.
Exceptions: The confidentiality obligations in this section do not apply to information that: (a) is or becomes publicly available without breach of this Agreement, (b) was already in the receiving party’s possession without an obligation of confidentiality, (c) is obtained by the receiving party from a third party legally entitled to disclose it, or (d) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information.
Data Disclosure in Special Cases: We will not disclose your confidential information or personal data to third parties except as permitted in this Agreement. However, there may be exceptional circumstances where disclosure is necessary, such as:
- To comply with a legal obligation or court order (for example, responding to lawful requests by public authorities, law enforcement, or regulators).
- To enforce this Agreement or protect the rights and safety of Company, our Users, or others (for example, disclosing information to prevent harm or in fraud investigations). In any such case, we will only disclose what is necessary and will do so in accordance with applicable laws.
No Liability for Unlawful Access: While we will take reasonable measures to protect Confidential Information and personal data, if despite these measures, our systems are subject to an unlawful or unauthorized breach (such as a hack, cyber attack, or theft of data) that compromises Confidential Information, Company shall not be liable for such disclosure except to the extent required by applicable law, provided that Company had implemented appropriate technical and
organizational security measures in line with industry standards. We will, however, inform affected Users and authorities as required by law and take necessary steps to mitigate the breach.
10. Personal Data Collection and Use
Privacy Policy: This section of the Agreement serves as our Privacy Policy, explaining what personal data we collect from Users, how and why we process it, and the rights you have regarding your data. By accepting this Agreement, you acknowledge that you have read and understood this Privacy Policy.
Company is committed to protecting your privacy. We collect and process personal data about you only as necessary to provide our Services, to meet our legal obligations, and to fulfill the legitimate interests described below. We do not sell personal data in the ordinary course of business. We process your data in accordance with GDPR and other applicable privacy laws.
Categories of Personal Data: Depending on how you use the Offerings, we may collect various types of personal data from you. Here are the main categories of data we handle and the purposes for which we use them:
- Identity Data: Information that identifies you, such as your name, surname, Username or User ID, and similar identifiers.
- Contact Data: Your contact information, such as email address, telephone number, and mailing address.
- Account Credentials: Login details for your account (e.g., your phone number or email used as Username, and password or other authentication information).
- Field & Location Data: Information about agricultural fields or assets (such as GPS coordinates, field names, crop types). This data may constitute Personal Data only where it can be linked to an identifiable natural person.
- Device & Usage Data: Technical information about the device and how you interact with the Offerings. This includes device type, operating system, unique device identifiers, IP address, and usage logs (like when you logged in, which features you used, crash logs, and other analytics information about your session).
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Payment & Transaction Data: If you make purchases or subscribe to paid Services, we collect information related to your transactions. This may include payment method details (for instance, a card token or transaction ID provided by the payment processor or app store – we do not store full credit card numbers ourselves), subscription plan, transaction history, and billing details needed for invoicing (like your Organization name or tax ID if you provide it for
invoices).
- Marketing & Communication Preferences: Your preferences regarding receiving marketing or promotional communications. We record whether you have opted in or out of receiving newsletters, promotional emails/SMS, and similar communications. We also keep track of your preference for channels of communication when applicable (for example, whether you consent to push notifications).
- Support and Correspondence: If you contact us for support or with inquiries (via email, support form, or phone), we may keep records of that correspondence, including contact information and any additional information you provide during the exchange.
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Sensitive Personal Data: As a rule, we do not seek to collect any sensitive personal data about you (such as data about health, race, religion, political opinions, biometric identifiers, etc.) through the Offerings. We ask that you do not provide such sensitive data to us. In the limited cases where you might input such information (whether intentionally or otherwise), you do so voluntarily, and we will process such data only as required to provide the Services and in
accordance with applicable law. We will treat any sensitive data we do receive in line with this Privacy Policy and applicable law, but note that by providing it, you acknowledge that we may process such data solely for the purpose for which you submitted it and in accordance with applicable law.
How We Collect Data: We collect personal data through various means:
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Directly from You: Most data is provided by you. For example, when you register for an account, you enter your name, contact info, etc. When you fill out your profile or submit forms in the Offerings (such as adding field information, notes, or uploading images), we collect that information. If you communicate with us (e.g., via support email or feedback forms), we collect the information you give us. Participation in any surveys, promotions, or marketing campaigns is
voluntary, and we will collect whatever information you choose to provide in those contexts (such as your feedback or contest entry details).
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Automatically via Technology: When you use the Offerings, we automatically collect certain technical data to operate and improve our Services. This includes device information (like model, OS version), log data (such as when you logged in, which features or pages you accessed, crashes and error reports), IP address (which can give a general location such as city or region), and interaction data (such as clicks or preferences within the app). We use technologies like
cookies (on the web), software development kits (SDKs) in the mobile app, analytics tools, and server logs to gather this data. For instance, we might use a mobile analytics SDK to track how often a feature is used, or use a cookie to remember your login session on the web. This data helps us understand usage patterns and improve the User experience.
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From Third Parties: In some cases, we receive information from third parties. For example, if you were invited by a Corporate Customer, that Organization may have provided us with some of your basic details (like your name, email, or phone number) to facilitate the invitation and account setup. If you make a payment, our payment processor or the app store may provide us a confirmation with your payment status and basic details (but not your full card information). We
might also receive data from external tools integrated into the Offerings, such as:
- Authentication providers: If in the future we allow login via third-party accounts (e.g., “Sign in with Google” or similar), we would receive certain information from that third-party (like your name and email from your Google profile, if you consent to share it).
- Analytics and Service providers: We could receive aggregated demographic or interest information from analytics partners that doesn’t directly identify you, to help us understand our User base in general.
- Weather or satellite data providers: While not your personal data, we do integrate third-party data (e.g., satellite imagery, weather forecasts for your area) to provide the Services. If any personal data is involved in such integrations, we ensure that appropriate consent is obtained and that the providers handle data in compliance with privacy laws.
We do not obtain additional personal data about you from data brokers or public databases.
Purposes of Processing: We process your personal data for the following purposes, and rely on specific legal bases under GDPR for each (as detailed in the table below):
- To provide the core Services of our Offerings to you (for example, displaying satellite images of your fields, providing agronomic advice like irrigation or fertilization recommendations, and facilitating any other features you use).
- To create and manage your account, verify your identity when you log in, and offer customer support when you have issues or questions.
- To communicate with you about important information regarding the Services, such as updates, security alerts, or changes to terms. (These are operational or transactional communications, not marketing messages.)
- To process payments and subscriptions if you subscribe to a paid Service, and to comply with related financial and accounting requirements (like keeping transaction records, issuing invoices, handling billing inquiries, etc.).
- To analyze usage and improve our Offerings. This includes monitoring how Users interact with the App, fixing bugs, testing out new features, and making informed decisions to develop new Services or enhance existing ones. We perform analytics to understand what parts of our Offerings are most popular or where Users encounter problems, so we can improve functionality and User experience.
- To prevent fraud, security incidents, or misuse of our Offerings. For instance, we might use device and log data to detect suspicious behavior (like multiple failed login attempts) and take action. We also enforce our Terms of Use by monitoring for violations, which may involve processing data like User content or communications on the platform.
- To send marketing communications (only if you have opted in). This can include informing you about new features, promotions, news and updates related to Company or topics that might interest you (for example, agricultural tips or Offerings). We will only send you such communications if we have your consent where required, and you can opt out at any time.
- To comply with legal obligations to which we are subject. For example, maintaining business records for a certain period (for tax or regulatory reasons), or disclosing information when properly required by lawful requests (such as to law enforcement or courts, under conditions of applicable law).
- To protect our rights and the rights of others. This might involve using your data in connection with legal claims, audits, or to enforce our agreements (for instance, if necessary to handle a dispute with you or a third party).
Below is a table summarizing the categories of personal data we collect, the purpose of processing, and the legal basis we rely on for processing each category of data. (Legal bases are referenced by GDPR article 6 and the corresponding provisions of KVKK.)
| Personal Data Category |
Purpose of Processing |
Legal Basis for Processing |
| Identity Data (e.g., name, User ID) |
- Create and manage your User account - Verify your identity when you log in - Provide customer support and address you properly in communications |
Performance of a Contract (GDPR Art. 6(1)(b); KVKK Art. 5/2(c)) |
| Contact Data (email address, phone number) |
- Communicate with you about service updates, account issues (password resets, login alerts, etc.), and transaction information - Provide customer support or respond to your inquiries |
Performance of a Contract (GDPR Art. 6(1)(b); KVKK Art. 5/2(c)) |
| Contact Data (email address, phone number) |
- Send you marketing and promotional communications (e.g., newsletters, special offers), if you have opted in |
Explicit Consent (GDPR Art. 6(1)(a); KVKK Art. 5/1) |
| Field & Location Data (e.g., GPS coordinates of your fields, field info) |
- Provide location-based services: display satellite imagery of your fields, monitor crop health, send localized weather or pest/disease alerts, and offer agronomic recommendations tailored to your location and crops |
Performance of a Contract (GDPR Art. 6(1)(b); KVKK Art. 5/2(c)) |
| Device & Usage Data (device type, OS, IP address, usage logs) |
- Analyze and improve Offerings performance and User experience - Detect and prevent fraud or unauthorized access |
Legitimate Interests (GDPR Art. 6(1)(f); KVKK Art. 5/2(f)) — Our legitimate interest is to ensure the security and optimal performance of our Offerings. |
| Payment & Transaction Data (subscription plan, payment tokens, transaction history) |
- Process your subscription payments or purchases - Issue invoices or receipts - Comply with accounting and tax regulations |
Performance of a Contract (GDPR Art. 6(1)(b); KVKK Art. 5/2(c)) and Legal Obligation (GDPR Art. 6(1)(c); KVKK Art. 5/2(ç)) — We have a legal obligation to maintain financial records. |
| Marketing & Communication Preferences (opt-ins/opt-outs) |
- Respect your choices regarding marketing - Manage subscription to newsletters or notification settings |
Explicit Consent (GDPR Art. 6(1)(a); KVKK Art. 5/1) — Consent is obtained when you opt in; managing preferences is part of honoring that consent or withdrawal. |
| Log & Session Data (login timestamps, activity logs, error logs) |
- Maintain the integrity and security of the service - Prevent misuse and troubleshoot issues |
Legitimate Interests (GDPR Art. 6(1)(f); KVKK Art. 5/2(f)) — Our legitimate interest is to secure our platform and ensure proper functioning. |
How We Use Your Data: In simpler terms, here’s how Company uses personal data to run and improve the Offerings:
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Providing the Service: We use your information to deliver the features you expect. For example, we use your field location data to retrieve and show you corresponding satellite images or weather forecasts. We use your account data to log you in and display your personalized dashboard. Without processing your data, we couldn’t offer the Service functionality (it’s the “contractual necessity” aspect – we process data to fulfill our agreement with you to provide the
Offerings’ Services).
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Account Management & Support: We might use your name and email to greet you or communicate account-related matters (like sending a verification code, or an alert that your subscription is expiring). If you contact us for help, we will access your User information and logs as needed to resolve your issue. We may also send you communications necessary for the operation of the Service, such as a welcome email, password reset link when you request, or notifications about
changes in our terms or policies.
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Improving and Analytics: We analyze usage data to find out what is working well and what isn’t. For example, we might see through analytics that a new feature we introduced isn’t being used much; this could indicate it’s not easy to find or not valuable, and we may decide to improve or remove it. We may also detect that Users spend a lot of time on a certain screen – perhaps we’ll invest more in that area. Additionally, if the app crashes, crash reports help us debug and
fix the underlying problem in the code. All this analysis is generally done on aggregated data (not on a personal, User-by-User basis) and falls under our legitimate interest to refine our Services. We ensure that this processing is not excessive and does not infringe on your privacy rights (for instance, we don’t look at the content of your personal notes, if any, for analytics purposes – we focus on metadata and usage patterns).
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Marketing Communications (Opt-In): If you have agreed to receive marketing messages, we use your contact details to send you information that we think could be useful or interesting to you. This might include newsletters with farming tips, promotions for new Services or features, or announcements about Company events. These communications will be sent via the channels you consented to (e.g., email newsletter, SMS alerts, push notifications). You’re free to change your
mind and opt out at any time. We will not inundate you with marketing; we aim to send periodic, relevant updates. Notably, even if you opt out of marketing, you will still receive essential Service-related communications as noted above (those are not marketing but operational).
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Legal Compliance and Protection: We may use or preserve your data to the extent necessary to comply with laws – for example, to respond to a court order or tax audit, or to satisfy record-keeping regulations. Also, if legal claims arise (either by you, against you, or involving you in some way relevant to our Service), we might process and share necessary data as part of the resolution of those claims. For instance, if there’s an investigation into fraud or misuse, we
might review logs or User content to determine facts, and possibly share relevant information with law enforcement if required by law. Similarly, if a User violates Prohibited Activities and it results in a legal dispute, we might use that User’s data as evidence of the violation. We will always evaluate legal requests carefully and only provide data when legally obligated or with a valid legal basis.
Anonymized and Aggregated Data: Company may use anonymized or aggregated data derived from Personal Data for research, analytics, statistical, and business purposes. Such data no longer identifies any individual and is not considered Personal Data.
11. Communication Preferences and Consent
We differentiate between operational communications (which are necessary for the Service) and commercial communications (which are marketing/promotional in nature). Here’s how we handle each, and how you can control your preferences:
Operational and Transactional Communications: By using the Offerings, you agree that Company may send you certain essential communications even if you haven’t explicitly consented to marketing messages. These operational communications are a core part of the Services and are not for promotional purposes. They include, for example:
- Service notifications: Alerts about your account or usage of the Offerings, for example confirmation messages when you register or change your password, login alerts for security, notifications about significant changes in the Offerings (like updates or downtime notices).
- Field or Weather alerts: If the Offerings includes features like severe weather warnings, pest/disease outbreak alerts, or similar agronomic advisories critical to your use of the Service, we will send these to you as part of the Service (where you have enabled or are within scope for such alerts).
- Billing and subscription messages: If you are a subscriber, we may send reminders about upcoming subscription renewals, invoices, or issues with your payment method.
- Support communications: If you reach out for support or we need to reach you to resolve an issue, we will use your contact information to communicate with you.
You generally cannot opt out of these Service-related communications because they are necessary for the proper functioning of the Service and for your account management. However, these communications will typically be limited to necessary information and will not include promotional content.
Commercial Electronic Messages (Marketing): With your consent, Company may send you marketing communications about our Offerings. This section is meant to fulfill requirements under laws like the Turkish Law No. 6563 on Electronic Commerce and similar regulations, as well as GDPR where applicable, regarding obtaining consent for marketing messages.
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Consent for Marketing: We will only send you commercial electronic messages (such as emails, SMS, or mobile push notifications containing promotions, newsletters, Offerings updates, surveys, or advertisements) if you have given us your explicit consent to do so. Typically, during account registration or in your profile settings, we will present you with an option to agree to receive such communications. This consent is separate from agreeing to the rest
of the Agreement; you are not required to consent to marketing to use the Offerings (marketing consent is optional and can be given or withheld freely). If you do give consent, we will document that consent (time, date, and what channels you agreed to).
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Scope of Consent: By opting in, you authorize Company to send you Commercial Messages via the Communication Channels you provide. This may include:
- Emails to the email address you provided.
- SMS or MMS messages to your phone number.
- Push notifications through the mobile Offerings or notifications via the web Offerings.
- Telephone calls to the phone number you provided (e.g., to inform you of a new Service or offer, where permitted by law).
The content of these messages may include information on new features, special promotions, discounts, newsletters about industry news or best practices, satisfaction surveys, and other marketing or advertisement content relating to Company’s Offerings. We will not excessively spam you – our aim is to send valuable and relevant information. The frequency might be, for example, periodic newsletters or occasional promotions.
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Right to Withdraw Consent: You have the right to unsubscribe or opt out of marketing communications at any time. We provide easy methods to do so. Once you withdraw your consent or opt out, we will stop sending you marketing messages through that channel. Please note that opting out of marketing does not affect our ability to send you operational/Service emails or messages as described above, and it does not affect processing of your personal data that has already
occurred. Withdrawal of consent does not affect the lawfulness of processing carried out before withdrawal.
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Operational vs. Marketing Messages: Even if you opt out of marketing, you may still receive essential communications from us (as outlined earlier) because those are tied to your use of the Service. For example, if a dangerous weather event is imminent in your registered location (a core alert feature of the app), we may still send that alert as it is considered part of the Service, not a commercial advertisement. Similarly, account or security notices will still be sent.
We want to clarify that declining or withdrawing marketing consent will not block these necessary communications, since they are not promotional.
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Compliance: Our practices for sending commercial messages comply with relevant laws such as:
- Electronic Commerce Law (6563) and its regulations on commercial communication, which require consent for electronic marketing and honoring of opt-outs.
- GDPR, which requires a lawful basis for sending direct marketing to individuals in the EU, and gives you the right to object to direct marketing at any time.
We maintain records of your consents and preferences as required, and we may use Service providers (like email campaign Services or SMS gateways) to send messages on our behalf. These providers act as Data Processors under our instructions and are not allowed to use your contact info for their own purposes.
- No Fees & Standard Charges: Company will not charge you any fee for opting in or out of communications. Opting out is free and can be done as described. However, note that your mobile carrier or internet provider’s standard charges (for SMS, data usage, etc.) may apply when receiving messages or downloading data. For example, if you receive an SMS, your carrier might charge you per message as per your plan; Company has no control over that.
- Security of Communications: We implement security measures to protect personal data used in communications (like your email or phone number). We handle this data in line with our Privacy Policy. If you have any privacy concerns regarding communications, contact us.
- Delivery Disclaimer: Company is not responsible for delayed, failed, incomplete, or undelivered communications (including email, SMS, push notifications, phone calls, etc.) including where such issues arise from telecommunications providers, internet service providers, device settings, spam filters, third-party platforms, or other factors outside Company’s reasonable control.
If you ever receive a communication from us that you believe you should not have (for example, a marketing email when you’re certain you opted out), please let us know so we can investigate and resolve the issue.
12. International Data Transfers and Subprocessors
We primarily store and process personal data in data centers located within the European Union. Where Services are provided through regional infrastructure outside the EU to optimize performance, such processing will be subject to the safeguards described below.
No Routine Transfers Outside: We do not routinely transfer or store your personal data outside of the EEA. In other words, we aim to keep your data in jurisdictions that are considered to provide adequate data protection under GDPR.
However, some of our subprocessors (third-party Service providers) or partners may be headquartered outside these areas. We only engage subprocessors in compliance with data protection laws. Where such subprocessors process or may access personal data, we ensure that appropriate safeguards are in place for any international transfers, including transfers outside the EEA or to jurisdictions not recognized as providing adequate protection under applicable law.
Subprocessors (Service Providers): Company uses a number of trusted third-party companies to help us provide, improve, and protect our Services. These subprocessors might provide infrastructure, analytics, communication tools, and other support Services. They process personal data only on our behalf and under our instructions (they do not have the right to use your data for their own purposes). We have agreements in place with each subprocessor to ensure your data is
protected (including Data Processing Agreements as required by GDPR).
Some categories of subprocessors include:
- Cloud hosting and storage (for our databases, backups, etc.)
- Email and SMS delivery Services (to send verification codes, notifications, or newsletters)
- Analytics Services (to help us understand app usage)
- Customer support tools (to manage support tickets or chat communications)
- Payment processors (to handle subscription payments securely)
- Push notification Services (to deliver mobile or web push notifications)
For transparency, Company maintains an up-to-date list of subprocessors, including their purpose, available at https://r.doktar.io/processors. This list may change from time to time as we add or replace vendors.
Safeguards for International Transfers: Whenever we do transfer personal data out of the EEA or to a country that is not deemed to have “adequate” data protection by the EU Commission, we ensure that one of the following safeguards is implemented:
- We use Standard Contractual Clauses (SCCs) approved by the European Commission, which legally bind the foreign recipient to protect your data to EU standards.
- In some cases, the subprocessor might be certified under frameworks like the EU-U.S. Data Privacy Framework (if applicable) or similar schemes recognized by law, which ensure a standard of protection.
- We may rely on a specific derogation under GDPR Article 49 for occasional and necessary transfers (though this is rarely used and not for routine transfers).
- The transfer might be to a country that has been officially deemed adequate by the EU (meaning it has laws comparable to EU data protection law, e.g., if we ever transferred to such country).
- Under KVKK, if transferring data abroad, we ensure compliance with its rules (e.g., obtaining explicit consent from Users if required, or transferring to countries approved by the KVKK, or using contracts akin to SCCs).
By using the Offerings, you acknowledge that your personal data may be processed by these subprocessors for the purposes described, and that it may involve transferring your data to different jurisdictions. We commit that any such transfer will be done in compliance with applicable laws and with your data safeguarded as described.
Subprocessor Data Security and Privacy: Each subprocessor is carefully vetted. We choose reputable companies with strong security practices. We have contracts in place requiring them to implement adequate data protection measures, to process data only for our purposes as instructed, and to notify us if they experience any data breach affecting User data. We continue to monitor our subprocessors’ compliance and will terminate relationships if a vendor fails to meet required
standards.
Updates to Subprocessors: We will update subprocessors list if we add any new subprocessor that will handle personal data, especially if it involves transferring data to a new country. If you have any objections to a new subprocessor, you may contact us to express your concerns. Our goal is to maintain transparency and address User concerns while still effectively managing our Service delivery.
In conclusion, we take the responsibility of handling your data globally very seriously. We strive to minimize transfers outside of regions with strong privacy protections and, where necessary, employ industry-standard safeguards to protect your information internationally.
If a User has a substantiated legal objection, Company may offer an alternative solution or allow termination of affected Services, where technically feasible.
13. Data Retention and Anonymization
We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, as outlined in this Agreement, and to comply with legal and business requirements. Once your personal data is no longer needed for these purposes, we will either delete it or anonymize it so that you can no longer be identified.
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Retention Periods: The exact length of time we retain different categories of Personal Data varies depending on the type of data and the context in which it is processed. We determine appropriate retention periods by considering several factors, including:
- Purpose of Collection: We retain data for as long as necessary to provide the Offerings or fulfill the purpose for which it was collected. For example, while you maintain an active account, we retain identity and contact details to support your account. Content or field-related data is retained until you delete it or for as long as you remain a User who may reasonably require access to such data.
- User Expectations and Preferences: If you actively use the Offerings, we retain your data to provide continuous Services. If you request deletion of certain data or close your account, we initiate deletion or anonymization of associated Personal Data, except where retention is required by law. We also evaluate data subject requests in accordance with applicable data protection laws and delete data where no lawful exception applies.
- Data Protection Request Records: Records relating to Personal Data access, correction, restriction, or deletion requests (including request metadata and timestamps) may be retained even after account deletion solely to demonstrate regulatory compliance. Such records are maintained under restricted access and are not used for any other purpose.
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Legal and Regulatory Obligations: Certain laws require us to retain specific data for defined periods. For example, financial and transaction records (such as invoices and payments) may need to be retained for several years under tax or accounting regulations (which can be up to 10 years in some jurisdictions). Records of consent and consent withdrawal may also be retained as evidence of compliance. In some cases, technical or legal requirements may require data to
be stored in immutable or audit-preserving systems. Where deletion is not legally or technically possible, Company will cease all non-mandatory processing of such Personal Data and anonymize it wherever reasonably feasible, limiting access strictly to compliance-related purposes. Users acknowledge that certain compliance records cannot technically be erased and that in such cases Company will cease all active processing and restrict access solely to legal compliance purposes.
- Litigation or Dispute Potential: Where necessary to establish, exercise, or defend legal claims, we may retain relevant data for the duration of applicable limitation periods. For example, records related to account suspensions or enforcement actions may be preserved to support internal reviews or legal defenses.
- Backups and Integrity: Personal Data may persist in secure backups for a limited period following deletion until backup systems are rotated. Backups are maintained solely for disaster recovery and Service continuity purposes and are protected with appropriate safeguards. Deleted data is removed from active systems promptly and from backups as soon as technically feasible.
- Account Data: If you delete your account or request account deletion, we remove or anonymize Personal Data associated with your account within a reasonable period after processing your request (typically within 30 days, unless longer retention is required by law). Limited residual data (such as a hashed email address and an “account deleted” flag) may be retained to prevent fraud, enforce opt-out preferences, and maintain compliance records.
- Content Data: Content you generate (such as posts, notes, or field data) is generally deleted when you remove it within the Offerings or close your account. If you become inactive, content may be retained for a reasonable period in case you return, after which inactive accounts may be purged following advance notice where practicable.
- Logs and Analytics: Operational logs may be retained in identifiable form for limited periods (for example, several months) for troubleshooting, security, and system integrity purposes, after which they are deleted or aggregated. Aggregated analytics that no longer identify individuals may be retained longer.
- Communications: Support communications may be retained for a reasonable period (commonly a few years) to maintain service continuity, improve support quality, and address recurring issues, unless earlier deletion is requested and no overriding legal basis applies.
- Financial Records: Transaction-related data is retained for the duration required by applicable financial and tax regulations.
- Marketing Data: If you opt in to marketing communications, we retain relevant information while you remain subscribed. If you opt out, we may retain a suppression record (such as your email address) to ensure your preference is respected going forward.
We evaluate our data retention practices regularly and strive not to keep personal data longer than necessary. When data is deleted from active use, it may remain in backups for a short duration but we will ensure it’s deleted from all systems in due course.
Deletion and Anonymization: When data is no longer needed, we take steps to remove it from our systems:
- Deletion: We will securely erase or delete digital records. For instance, data in our databases will be deleted using standard delete operations or by dropping whole data partitions that are no longer needed. Files will be deleted from storage. For physical records (if any), they would be shredded or incinerated.
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Anonymization: In some cases, rather than outright deletion, we may anonymize data so it can no longer be linked to you. For example, we might convert a dataset to statistical information that retains value (for research or business analysis) but is no longer tied to any User. Anonymization could involve removing or encrypting identifiers, aggregating data, or using other techniques recommended by data protection authorities. Once anonymized, the information is not
considered personal data and we might retain it indefinitely as it poses no risk to your privacy.
Your Rights in Relation to Retention: You have the right to request deletion of your personal data (the “right to be forgotten”) under certain conditions. We detail this separately, but in short: if you want us to delete certain data sooner, you can ask. We will honor such requests unless we have a lawful reason to keep the data (for example, an ongoing legal obligation or a compelling legitimate interest). If we cannot delete something you asked us to (like an invoice we
must keep for tax purposes), we will inform you of the reason.
Data Retention Schedule: If you need more specific information about how long certain data is kept, you may contact us. We will provide available details, such as our typical retention timelines for various data types. Our goal is to be transparent and help you understand what happens with your data over time.
Once the retention period for a piece of data is over, we ensure it’s properly disposed of:
- For example, if you close your account and after X months all your data is scheduled to be purged, we will execute that purge from our databases and media.
- If a backup containing your data reaches its expiration (say backups are kept for 30 days and then overwritten), your data will be overwritten and gone from backup too.
- In summary, when we no longer have a legal or business reason to retain your personal data, we remove it from our systems or irreversibly anonymize it.
By managing data in this way, we aim to minimize the privacy risks and storage costs associated with holding data too long, while also ensuring we meet our obligations and provide a reliable Service (which sometimes requires holding onto data for a certain time). If you have any questions or concerns about our data retention practices, feel free to reach out using the contact details in this Agreement.
14. Your Rights Regarding Personal Data
Under GDPR, KVKK, and other applicable data protection laws, you have specific rights relating to your personal data. We are committed to honoring these rights. Below is a list of your principal rights and what they mean:
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Right of Access: You have the right to obtain confirmation from us as to whether or not we are processing personal data about you. If we are, you have the right to access that data and be provided with a copy of it, as well as information about how we process it. Essentially, you can ask us, “What information do you have about me, and how are you using it?” We will provide you with the categories of data, the purposes of processing, the recipients (if any) to whom the
data has been disclosed, and other information required by law.
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Right to Rectification: You have the right to request that we correct or update any of your personal data that is inaccurate or incomplete. If you become aware that we have wrong information (for example, a misspelled name or an outdated email address), please either correct it through your account settings or ask us to fix it. We’ll make the corrections as soon as possible. Keep in mind, for certain data (like your profile info) you can directly edit those in the
Offerings.
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Right to Erasure (Right to be Forgotten): You can request that we delete your personal data under certain circumstances. This right is not absolute, but we will honor it if:
- The data is no longer necessary for the purposes we collected it for.
- You originally gave consent for processing and now withdraw it, and we have no other legal basis to keep processing the data.
- You successfully object to the processing (see the right to object below) and we have no overriding legitimate grounds to continue.
- We processed the data unlawfully.
- We have a legal obligation to erase the data.
If one of these conditions applies, you can ask for deletion of specific data or your entire account. We will also take reasonable steps to inform any third parties (subprocessors) that may be processing the data on our behalf to likewise erase it. Important: If you request deletion of your account, you will lose access to the Offerings and your data (such as field history, imagery, notes) will be permanently removed, except for data we must retain by law. We’ll let
you know if any such exceptions apply.
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Right to Restrict Processing: In some situations, you may request that we temporarily limit how we use your data, without deleting it. This is an alternative you can consider if you have a concern about the data’s accuracy or our use of it. You can request restriction if:
- You contest the accuracy of your personal data – for a period enabling us to verify the accuracy and correct it if needed.
- The processing is unlawful, but you oppose erasure and prefer restriction (for instance, you want us to keep the data but not use it).
- We no longer need the data, but you need us to keep it for the establishment, exercise, or defense of legal claims.
- You have objected to processing (see next right) and we are evaluating whether our legitimate grounds override yours.
While processing is restricted, we will store your data but not actively use it (except to the extent needed for legal claims or if you consent or for important public interest reasons). We will inform you when a restriction is lifted.
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Right to Data Portability: You have the right to receive your personal data that you provided to us in a structured, commonly used, machine-readable format (for example, a CSV or JSON file). You also have the right to ask us to transmit that data to another controller (for example, another app or Service), where technically feasible. This right applies to personal data processed by automated means, based on your consent or on a contract (which covers
most data you actively provide in using our Service). In practice, this means if you request it, we will give you a copy of your data (that you gave us, and possibly data generated by your use of the Service that is associated with you, like your field records and imagery links) in a format that can be imported into other Services. Note that this is subject to technical capability – we’ll do our best to accommodate reasonable formats.
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Right to Object: You have the right to object to our processing of your personal data in certain circumstances:
- Direct Marketing: You can always object to processing of your personal data for direct marketing purposes. If you object, we will stop using your data for marketing immediately. (This is essentially what happens when you opt out of marketing – it’s your right to object in action.)
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Legitimate Interests: If we process data on the basis of our legitimate interests (Art. 6(1)(f) GDPR) or for a task in the public interest, you have the right to object to that processing on grounds relating to your particular situation. If you lodge such an objection, we will evaluate it and will stop processing the data unless we have compelling legitimate grounds that override your rights and freedoms, or if we need to continue for legal claims. For example, if we
were processing your data for some research or Product development under legitimate interest, and you object, we would have to either cease that use or demonstrate why our need is compelling.
- Scientific/Historical Research or Statistics: If we ever process data for research or statistical purposes, you can object unless the processing is necessary for a task carried out for reasons of public interest.
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Right to Withdraw Consent: When we rely on your consent to process personal data (e.g., for sending marketing emails or collecting optional data), you have the right to withdraw that consent at any time. Withdrawal of consent will not affect the lawfulness of processing that was done before withdrawal. For example, if you gave consent for us to use your location for certain optional features, and later withdraw it, we will stop that processing going
forward, but it doesn’t undo any processing already done when consent was in place. Withdrawing consent for one purpose doesn’t affect processing under other legal bases. You can withdraw consent by changing your app settings (for things like location access or notifications), or contacting us for help, or using the specific opt-out mechanisms provided.
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Right to Not Be Subject to Automated Decisions (including profiling): You have the right not to be subject to decisions based solely on automated processing (including profiling) that have legal or similarly significant effects on you, except in certain cases (like when it’s necessary for a contract, authorized by law, or based on your explicit consent, and with safeguards in place). Currently, Company does not implement purely automated decision-making
that produces legal or similarly significant effects without appropriate safeguards. If in future we implement something like that (for instance, an algorithm that makes a decision with big impact and no human involvement), we will inform you and ensure we have lawful grounds and your rights are protected (including the right to human review of such decisions). Examples of automated decision-making could be fraud prevention systems, or scoring profiles. Currently, any profiling we do
(e.g., analyzing your usage to personalize features) is not legally significant in a way that would trigger this right, as it’s mostly to provide better Service (and typically with your consent or as part of Service).
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Right to Complaint: Although not a data subject right you exercise with us directly, it’s important to know: If you believe your rights have been violated or that we are not complying with data protection laws, you have the right to lodge a complaint with a supervisory authority. For Users in the European Union, this would be a Data Protection Authority (DPA) in the Member State of your habitual residence, place of work, or where the alleged infringement took place. For
Users whose personal data is processed under KVKK, this would be the Personal Data Protection Authority (KVKK Authority). We ask that you please try to resolve any issue with us first by contacting us (we genuinely want to address your concerns), but you are free to contact the relevant supervisory authority at any time. If you’re outside these jurisdictions, your country may have its own privacy or consumer data protection authority.
How to Exercise Your Rights: You can exercise the above rights by contacting us through any of the methods below:
Through the App: If we offer in-app settings or tools for certain requests (like an account deletion button), you can use those as well, and we will follow up as needed.
Verification: For your security and to prevent unauthorized access to your data, we might need to verify your identity before fulfilling certain requests. If you’re logged into your account while making the request through the app or our official form, that usually suffices. If you email us, we might send a response asking you to confirm some account details or respond from the email associated with your account. For sensitive requests (like accessing data or deleting
account), we want to ensure it’s you (the data subject) making the request, and not someone else.
Response Time: We aim to respond to your request as quickly as possible and no later than one month from when we receive it (this is the standard under GDPR). Under KVKK, we aim for 30 days. If your request is complex or we have received many requests, we are allowed to extend this period by an additional two months (we will inform you of the extension and the reasons for it if this happens). For example, if you requested a large data set, we might need a
bit more time to compile it. But we’ll keep you updated.
Fee: In general, we will handle your request free of charge. However, if a request is manifestly unfounded or excessive (for instance, you make repetitive requests without good reason), data protection laws allow us to either charge a reasonable fee (taking into account the administrative cost of providing the information or communication or taking the action requested) or refuse to act on the request. We would only consider this in extreme cases; our default is not to
charge any fee.
Refusal: If we refuse your request, in whole or in part, we will inform you of the reason for refusal (unless providing the reason would violate the rights of someone else, or a legal provision prevents us from disclosing the reason). For instance, if you request deletion of data that we are legally required to keep, we will tell you we cannot delete it due to legal obligations. If you request access that would reveal personal data about another person, we may have to
refuse that portion or redact information to protect others. In any case of refusal, you have the right to complain to a supervisory authority as mentioned above, and to seek a judicial remedy.
Complaints to Company: If you have any concerns or are not satisfied with how we handled your privacy request, please let us know. We have a Data Protection Officer or responsible privacy team that will review and escalate your concern as needed. We appreciate the opportunity to fix the situation.
We encourage you to first reach out to us directly with any questions or requests about your personal data. Your privacy and trust are extremely important to Company, and we will do our best to address your needs and honor your rights.
(This section summarizes your rights, but if you need more detailed guidance on these rights, you may refer to GDPR Articles 15-21 and KVKK Articles 11 and related regulations, or consult the data protection authority in your jurisdiction.)
15. Updates to this Agreement and Notices
Changes to Terms or Privacy Policy: Company may, from time to time, make changes to this Agreement, including the Terms of Use or the Privacy Policy sections. We might do this for various reasons, such as adapting to new features, changes in law, or improvements in our practices. When we make changes we will indicate at the top of the Agreement the “Effective Date” of the latest revision.
Your Acceptance of Changes: Once we announce changes, the following will apply:
- If you continue to use the Offerings after the updated Agreement goes into effect, your continued use will be taken as acceptance of the updated terms (unless otherwise required by law).
- If you do not agree with the changes, you should stop using the Offerings and may terminate your account. You always have the option to stop using the Service if you do not accept the terms.
- In cases where specific consent is required (for example, if we were to introduce a new processing of your data that requires consent under privacy laws), we will obtain that consent separately. If you do not provide such consent, you may not be able to use the new feature that requires it, but you could continue using the rest of the Service.
Our aim is not to change terms arbitrarily; changes typically aim to clarify the Agreement or adapt to new conditions. We encourage you to review the Agreement periodically to stay informed of any updates. We will not retroactively change how we handle your personal data without your consent unless required by law.
Notices and Communication: For purposes of legal notices or any formal communication under this Agreement:
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To Users: We will use the contact information you provided (email, physical address if provided, phone number if relevant) to send you notices. For example, if we need to send a legal notice or Service of process, we may use your email or physical address. It is critical that you keep your contact information up to date (especially your email and physical address, if those are provided to us). You agree that any notice delivered to the latest email or mailing address we
have on file for you will be deemed effectively delivered to you, even if you do not actually read it or if the information is no longer current (because you didn’t update it).
- Electronic Notices: You agree that we can send you notices electronically (via email or through the Offerings). This covers notices about the Agreement, the Service, or any other aspect requiring notification.
- Written Notices: If we send a notice by postal mail (for instance, if required by law or if email fails), we will consider it delivered within a reasonable time after sending to your address on record (for example, 5 business days for domestic post, or 10 for international, unless evidence suggests otherwise).
- To Company: You can send us legal notices or communications in writing to Company Address or via Company Email stated below for general inquiries. However, official legal notices (like a notice of claim, subpoena, etc.) should be sent to our physical address (unless we specifically allow or agree to accept legal notices electronically).
- Language: Notices will generally be in the language of this Agreement (English), unless we specifically provide notices in additional languages as a courtesy. Communication in English is considered official.
Notification of Security Incidents: In the unfortunate event of a data breach or security incident that affects your personal data, we are committed to notifying you and the relevant authorities as required by law. We may use the contact info on file (usually email) to do so. We would include information about what happened and any steps you should take to protect yourself.
Updates to Other Policies: From time to time, we may also update other policies referenced in this Agreement (like community guidelines or separate Product policies within the app). We will communicate those changes in a manner similar to Agreement changes, if they materially affect Users.
In summary, this section means we have the flexibility to improve or modify our terms, but we will keep you informed and respect your choices. Please pay attention to notifications from Company to stay up to date with any changes. If you ever have questions about changes or need clarification, feel free to contact us.
16. Limitation of Liability
Company’s total aggregate liability arising out of or in connection with this Agreement or the Offerings shall not exceed:
(a) if you act on behalf of an Organization or Corporate Customer, the total amount actually paid by that Organization to Company for the Offerings in the twelve (12) months immediately preceding the event giving rise to the claim; or
(b) if you are an individual consumer, EUR 100;
whichever applies.
Company shall not be liable for any indirect, incidental, consequential, punitive, special, or exemplary damages, including loss of profit, loss of data, business interruption, or loss of opportunity, even if advised of the possibility of such damages.
Company shall not be liable for loss of agricultural yield, crop failure, or farming outcomes.
Nothing in this Agreement excludes liability that cannot be excluded under applicable law.
Company shall not be liable for decisions made by Users based on outputs, recommendations, analytics, or insights generated through the Offerings.
17. Force Majeure
The Company shall not be liable for any delay, interruption, failure in performance, or non-performance of its obligations under this Agreement where such delay or failure results from events beyond its reasonable control, including but not limited to natural disasters, epidemics, pandemics, war, civil unrest, strikes, governmental actions, utility failures, telecommunications disruptions, internet outages, cloud service provider failures, or cyberattacks, provided that such event is not
caused by Company’s negligence or willful misconduct and that Company has implemented reasonable technical and organizational security measures in accordance with industry standards.
During the continuation of a force majeure event, the affected obligations shall be suspended for the duration of the event. Nothing in this section limits liability where such limitation is not permitted under applicable law.
18. Indemnification
To the extent permitted by applicable law and to the extent caused by your actions or omissions, you agree to indemnify, defend, and hold harmless Company, its affiliates, directors, officers, employees, contractors, and Partners from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or directly related to:
- your breach of this Agreement;
- your misuse of the Offerings;
- any data, content, or assets you submit or make available through the Offerings;
- your violation of applicable law or third-party rights; or
- any claim brought by a third party arising from your use of the Offerings.
This obligation survives termination of this Agreement.
19. Termination
This Agreement is effective from the moment you accept it (for example, when you click “I Agree” or when you first use the Offerings after having been presented with the Agreement) and will remain in force until terminated by either you or Company.
Your Right to Terminate: You may terminate this Agreement at any time by discontinuing use of the Offerings and, if you have an account, by deleting your account. You can request account deletion via the Offerings settings or by contacting us. Once your account is deleted:
- You will no longer have access to the Services or any data associated with your account.
- Any licenses or rights granted to you under this Agreement will end.
If you have a paid subscription and you wish to terminate, you may need to cancel the subscription through the app store or platform from which you purchased to avoid further charges. Unless otherwise stated in a specific refund policy, termination by you (except when due to our breach or a significant change in terms) typically does not entitle you to a refund of fees already paid. For example, if you paid for a yearly subscription and decide to delete your account halfway through, we
usually will not refund the remaining unused months, except where explicitly required by applicable law.
Our Right to Terminate or Suspend: Company reserves the right to suspend or terminate your account or access to the Services at its reasonable discretion, with or without notice where legally permitted.
- Breach of Agreement: If you violate any provision of this Agreement or any other guidelines/policies (like community rules) incorporated by reference, we may terminate this Agreement and your use of the Service immediately. For example, serious violations such as fraud, illegal activity on the platform, harassment of other Users, or infringement of intellectual property can result in immediate termination without prior warning.
- Prevention of Harm: If your continued access to the Service poses a security risk, legal risk, or may harm other Users, we may suspend or terminate your access to protect those interests. For instance, if your account is compromised or is being used to attack others or spread malware, we might temporarily suspend it until the issue is resolved.
- Discontinuation of Service: In the unlikely event that we decide to discontinue the Offerings entirely, we may terminate User accounts, stop a feature or service, even if you paid, and provide prior notice where possible. In such case, no refunds shall be provided, except where explicitly required by applicable law.
- Inactivity: We may terminate accounts that have been inactive for an extended period even if you paid. Before terminating for inactivity, we would typically send a notice to your email on file allowing you a chance to log in and keep the account active.
- Non-Payment: If you have an outstanding balance or if subscription charges repeatedly fail and you do not remedy this, we may suspend or eventually terminate your access to paid features. We would normally provide warnings in this scenario.
When we terminate or suspend your account, we will, if feasible, inform you of the reason (unless we are legally prevented from doing so, or if giving details would interfere with enforcement measures or other Users’ privacy). Suspension (temporarily disabling your access) may occur as a preliminary step to investigate issues or wait for you to resolve a problem (like a billing issue or security compromise). If after suspension the issue isn’t resolved, we may proceed to termination.
Effect of Termination: Upon termination of this Agreement for any reason:
- Your right to access or use the Offerings will immediately cease. You must stop using the Offerings.
- We may delete or anonymize your personal data and content, except for data we are obliged or entitled to retain.
- Any licenses you granted to Company (for example, to use content you submitted) may survive if necessary for us to wind down our relationship (for instance, if some User-generated content remains in backups or is needed for legal reasons, our right to that content as per the license might continue).
- Sections of this Agreement that by their nature should survive termination will survive. These typically include sections on intellectual property, disclaimers, limitation of liability, dispute resolution, and others that protect rights after termination.
- For the avoidance of doubt, Sections relating to intellectual property, confidentiality, personal data protection, limitation of liability, indemnification, dispute resolution, evidentiary value, and any payment obligations shall survive termination.
No Refund on Termination for Breach: If this Agreement is terminated due to your breach of the terms (for example, you were using the platform for prohibited activities), Company reserves the right (to the extent permitted by law) to refuse any refund for fees paid. In fact, if your breach caused damages or costs to us, we may seek compensation (see below about damages). If you terminate the agreement or simply stop using the Service, standard refund policies apply
(generally, no refund for the unused term unless required by applicable consumer law for early termination or cooling-off rights).
Liability for Damages: Termination of this Agreement shall not limit Company’s right to seek any remedies available at law or equity for your breach of this Agreement. If your actions have caused us or others harm, you may be liable for such harm even after termination. For example, if you engaged in activities that resulted in legal claims or fines against us, you might owe us for those costs, and we can still pursue legal action against you after termination.
Notice of Termination: Where we choose to terminate without cause (not due to your breach), we will provide you with notice (for example, an email saying the Service or your account will be terminated by X date). Where we terminate for cause (due to your breach or misconduct), we may do so immediately or with notice depending on severity. In some cases, we might give you an opportunity to cure the breach if it’s something fixable (for instance, remove infringing content
you posted). If you fail to cure in the time provided (if any), we proceed with termination.
Appeal or Questions: If you believe your account was suspended or terminated in error, you may contact us to appeal the decision. We will review the situation and, if a mistake was made, reinstate your account. Our contact information is provided in Section 21 below.
Please note that terminating your account or this Agreement does not absolve you of any obligation to pay any outstanding fees or resolve any disputes that arose before termination. Those obligations remain.
We value our Users and aim to have a relationship that never reaches termination, but it’s important to have these provisions clear for those rare cases where it’s necessary.
20. Governing Law and Dispute Resolution
Governing Law: This Agreement, and any disputes arising out of or relating to it or the use of the Offerings, shall be governed by and construed in accordance with the laws of the Netherlands. We choose this governing law because Company is established in that jurisdiction and it provides a consistent legal framework for our operations. This choice of law applies regardless of your location, except that if you are a consumer in a country with mandatory consumer protection
laws, you retain the benefit of those mandatory provisions (i.e., we are not attempting to deprive you of the protections that your local law mandates, to the extent those apply).
Jurisdiction and Venue: In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Offerings that cannot be resolved amicably, the parties agree to submit to the exclusive jurisdiction of the competent courts of the Netherlands, without prejudice to any mandatory consumer rights under applicable law.
Consumer Disputes: If you are using the Offerings as an individual consumer (for personal, non-business use), you may have additional avenues for dispute resolution under consumer protection laws. Specifically:
- You may be entitled to bring certain disputes before consumer arbitration panels or consumer protection authorities in your country of residence, especially for smaller claims or mediation purposes.
- Nothing in this Agreement is meant to prevent you from seeking relief through such bodies if applicable law provides for it. In fact, in some jurisdictions, you must first attempt a resolution through a designated consumer body or mediation before going to court.
Injunctive Relief: Notwithstanding the above, Company retains the right to seek injunctive or equitable relief in any jurisdiction to prevent or stop irreparable harm (for example, unauthorized use of intellectual property, breach of confidentiality, or data security violations) since certain breaches may require immediate action in appropriate courts.
Limitation on Claims: To the maximum extent permitted by applicable law, any cause of action or claim arising out of or relating to this Agreement or the Offerings must be brought within one (1) year from the date on which the claimant knew or reasonably should have known of the facts giving rise to the claim unless prohibited by mandatory consumer protection law.
Legal Fees: Each party shall bear its own legal costs and attorneys’ fees, unless otherwise required by applicable law or expressly ordered by a competent court.
Language of Proceedings: Proceedings shall be conducted exclusively in English. The parties expressly waive any right to require proceedings in any other language, to the extent permitted by applicable law.
By using the Offerings, you agree to resolve any disputes with Company as specified above. We hope and strive that no disputes will occur and that you will be satisfied with our Service. If you ever feel otherwise, please contact us and we will do our best to address your concerns in good faith.
21. Evidentiary Value of Electronic Records
The User acknowledges and agrees that electronic records, system logs, usage records, transaction data, access records, audit trails, and other digital records maintained by the Company in its databases, servers, or backup systems shall constitute prima facie evidence of the relevant transactions and interactions under this Agreement, subject to the User’s right to challenge their accuracy in accordance with applicable law.
Nothing in this clause limits the User’s statutory rights under applicable law.
22. Contact Information
If you have any questions, concerns, feedback, or requests regarding this Agreement, the Offerings, or your personal data, please feel free to contact us. We are here to help.
Company contact details are set out in the “About Company” section below.
Our support team and/or data protection officer will review and respond to your inquiries as promptly as possible.
Language: All contractual communications, notices, and legally binding correspondence under this Agreement shall be conducted in English. Support communications may be provided in English only.
Data Protection Officer (DPO): If required by law or by our own choice, we may appoint a Data Protection Officer (DPO). If so, you can reach them using the contact details in the “About Company” section below.
Additional Support: For technical issues, you might find help in our Help Center or FAQ within the Offerings or on our website.
We will do our best to address any issues and ensure your experience with Company is positive. Your feedback is valuable to us, as it helps improve our Services and policies.
23. User Declaration and Consent
By creating an account or using the Offerings, you (the User) acknowledge and affirm that you have read, understood, and agree to the entire Privacy Policy & Terms of Use Agreement above. In particular, by checking the acceptance box or clicking “Agree” (or equivalent) during sign-up, you declare and consent to the following:
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Acceptance of Terms: I have read and I accept the Terms of Use and User Agreement, and I agree to abide by all the rules, obligations, and conditions outlined in the Agreement. This includes, but is not limited to, complying with the Acceptable Use policy, acknowledging Company’s rights, and understanding the limitations of liability and disclaimers. I confirm that I meet the eligibility requirements (such as age requirement) and that the information I have provided
during registration is accurate and up-to-date to the best of my knowledge.
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Language Acknowledgment: I acknowledge that this Agreement is provided in English as the sole legally binding language, and that any translations are for convenience only. I confirm that I understand and accept the terms of this Agreement in English.
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Privacy and Data Processing Consent: I acknowledge that my personal data will be processed by Company in accordance with the legal bases described in this Agreement. Where consent is required as a legal basis, I provide that consent. Where consent is the legal basis (for example, for optional data uses), I provide that consent. I am aware that I can withdraw consent for marketing or other optional processing at any time without affecting the lawfulness of processing
before withdrawal.
- International Transfer Consent: I acknowledge that my personal data may be transferred or stored outside my country of residence, including on servers located in other jurisdictions (such as the EU), and I acknowledge that my personal data may be transferred internationally in accordance with the safeguards described in this Agreement.
- Communications Consent (Commercial Messages): If I choose to opt in to commercial communications, I consent to receive marketing and promotional communications from Company via the selected channels. I understand that this consent is optional and can be withdrawn at any time.
- Awareness of Rights: I am aware of my rights regarding personal data, including the right to access, correct, or delete my data, as well as other rights, and I know how to exercise them.
- Legal Capacity: I have the legal capacity to enter into this Agreement. If I am accepting on behalf of an Organization (e.g., as an authorized employee of a Corporate Customer), I confirm that I have the authority to bind that Organization to this Agreement.
By agreeing, you also confirm that you have been provided with the Privacy Notice (whether as part of this combined document or separately) before giving consent to personal data processing and electronic communications. If you had any questions about the Agreement, you have had the opportunity to seek clarification from Company.
I agree to the Terms of Use and Privacy Policy, and I consent to the processing of my personal data and to receiving communications as described above.
24. Entire Agreement and Severability
This Agreement constitutes the entire agreement between you and Company regarding the Offerings and supersedes all prior or contemporaneous agreements, communications, or understandings.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
Failure by Company to enforce any provision of this Agreement shall not constitute a waiver of that provision or of any other provision.
25. About Company
The following table lists information regarding Company in the context of this agreement. This table is provided to simplify access to Company information for Users.
26. Governing Language
This Agreement is drafted and executed exclusively in the English language. English shall be the sole and controlling language of this Agreement.
Any translation of this Agreement into another language is provided for convenience only and may be generated by automated or machine translation tools. In the event of any inconsistency, discrepancy, ambiguity, or conflict between the English version and any translated version, the English version shall prevail and be legally binding.
The parties expressly agree that the English version shall be the master and authoritative version for all purposes, including interpretation, enforcement, and dispute resolution.