Terms of Use

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the AgriMate website and the AgriMate mobile and web application (the "Service") operated by BOUCHER Xavier and BRIGHENTI Johanna ("us", "we", or "our"). AgriMate is an early-access mobile and web application designed to support agricultural operations, workforce coordination, and data recording. Please read these Terms and Conditions carefully before accessing or using the Service.

Your access to and use of the Service is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, farms, contractors, workers, and any other individuals or entities who access or use the Service. The Terms also apply to any features, modules, or services made available through the Service, whether provided free of charge or as part of a subscription offered outside of the application. By accessing or using the Service, you agree to be bound by these Terms, and these Terms form a legally binding agreement between you and us. If you are entering into these Terms on behalf of another person or entity, including but not limited to a farm, company, or employer, you represent and warrant that you have the authority to bind such person or entity to these Terms. If you do not agree with any part of these Terms, you must not access or use the Service.

User Accounts & Roles

Accounts

When you create a user account on AgriMate, you must provide information that is accurate, complete, and kept up to date. Failure to do so may result in the suspension or termination of your account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must not share your password or access credentials with any third party. You agree to notify us immediately if you become aware of any unauthorized use of your account or any other breach of security. We reserve the right to suspend, restrict, or terminate any account that violates these Terms or that is used in a manner that may cause harm to the Service, other users, or third parties.

User Roles and Access Levels

AgriMate provides different user roles depending on the section of the Service accessed. Each role has specific permissions and access rights. These Terms apply to all roles unless otherwise stated.

Labour Users

Labour users are individual workers who create a user account directly through the AgriMate mobile application. Labour accounts are provided free of charge and allow users to: access the mobile application; join farms or job sites when invited or assigned via a specific code provided; record work-related activities and data; view information relevant to their assigned work. Labour users do not have access to the web platform, administrative features, or subscription management functions.

Farm Accounts

Farm accounts are created and managed through the AgriMate web platform and are available only to customers who hold an active subscription arranged outside of the mobile application. Farm accounts may include multiple user roles, such as farm owners, managers, or internal team members, and allow access to: farm and site management tools, workforce coordination, data recording and reporting, user invitations and role management, access to the web-based management platform. Farm account holders are responsible for all activity conducted under their farm account, including actions performed by users they invite or authorize.

Contractor Accounts (Future Feature)

AgriMate may introduce contractor-specific accounts in the future. Contractor accounts, when available, will be accessible through dedicated web and mobile interfaces and may require a subscription arranged outside of the application. Additional terms applicable to contractor accounts may be introduced at that time.

Account Creation and Invitations

Access to certain parts of the Service may require an invitation from a farm or contractor account. Users acknowledge that access rights, roles, and permissions may be modified or revoked at any time by the account owner or by us.

Personal Data

Personal data refers to any information that can be used to identify an individual, such as name, email address, contact details, user role, or other identifying information. You retain ownership of your personal data. In order to provide and operate the Service, we process personal data in accordance with our Privacy Policy and applicable Australian privacy laws, including the Privacy Act 1988 (Cth). Personal data is processed solely for the purposes of providing, maintaining, securing, and improving the Service, and for communicating with users where necessary. When a user account is inactive or deleted, personal data may be retained for a limited period in accordance with legal, operational, or security requirements, after which it will be securely deleted or anonymised, unless retention is required by law. Further information regarding the processing of personal data is available in the AgriMate Privacy Policy.

Farm and Operational Data

Farm and operational data includes data related to farms, sites, fields, jobs, workforce activity, inventory, spray records, production records, notes, reports, and other operational information entered into or generated through the Service. Farm and operational data is owned and controlled by the farm or contractor account under which it is created or managed. Any data contributed to a farm or contractor account by its users (including workers, managers, advisors, or contractors) will remain associated with that farm or contractor account, even if a user account is modified or deleted. Users who access a farm or contractor account as an employee, worker, advisor, or contractor acknowledge that any data they enter in connection with that account remains the property of the farm or contractor controlling the account.

Use and Sharing of Data

AgriMate does not sell user data. Farm and operational data will not be shared with third parties without the explicit consent of the farm or contractor controlling the data, except where required by law or necessary to provide the Service. We may use anonymised and aggregated data (where all identifying information has been removed) for statistical, analytical, product improvement, or service monitoring purposes. Such anonymised data may be used internally or shared with partners or the public and cannot be used to identify individual users or farms.

Artificial Intelligence and Automated Services (If Applicable)

Certain features of the Service may, now or in the future, use automated or artificial intelligence-based technologies to assist with data processing, analysis, or reporting. Where such features are provided, they are intended as decision-support tools only. Outputs may not be accurate or complete and should always be reviewed and verified by users before being relied upon. Any data processed through such features will be handled in accordance with the Privacy Policy and will not be used to train third-party models unless explicitly stated.

Data Retention and Portability

When a user account is deleted or becomes inactive, associated personal data may be retained for a limited period to comply with legal, accounting, or operational obligations, after which it will be deleted or anonymised. Farm and operational data may continue to be retained by the farm or contractor account controlling that data. Where required by applicable law, users may request access to their personal data or request data portability within reasonable limits.

Intellectual Property

The Service and all original content, features, functionality, software, designs, workflows, and documentation are and shall remain the exclusive property of the owner of AgriMate or its licensors. The Service is protected by copyright, trademark, and other applicable intellectual property laws in Australia and other jurisdictions. The AgriMate name and trademark, as well as any related branding, may not be used in connection with any product or service without prior written permission. Nothing in these Terms grants users any ownership rights or licenses to the Service or its intellectual property, except for the limited right to use the Service in accordance with these Terms.

Use of the Service

You agree not to copy, reproduce, duplicate, modify, distribute, resell, sublicense, or otherwise exploit any part of the Service or its content without prior written consent. You must not use the Service to: send or store malicious, harmful, or unsolicited communications (including spam); transmit viruses, malware, worms, or any other harmful code; interfere with or disrupt the security or integrity of the Service; attempt to gain unauthorized access to any part of the Service or its systems; use the Service for any unlawful purpose or in violation of any applicable laws or regulations. You agree to use the Service only for legitimate agricultural and work-related purposes and in accordance with these Terms.

Early Access & Confidentiality

AgriMate is currently provided in an early access phase. This means that the Service is made available for testing, evaluation, and feedback purposes and may contain bugs, incomplete features, or changes over time. By accessing or using the Service, you acknowledge that the Service, including its features, workflows, interfaces, non-public information, and underlying concepts, is confidential and proprietary. You agree not to copy, reproduce, disclose, demonstrate, publish, or otherwise make available any part of the Service to third parties without prior written consent. You agree to use the Service solely for legitimate agricultural and work-related purposes and not for competitive analysis, reverse engineering, or any purpose that may harm the Service or its development. Any feedback, suggestions, or observations you provide may be used to improve the Service without compensation or obligation. We reserve the right to modify, suspend, restrict, or terminate access to the Service at any time during the early access phase.

Links to Other Websites

The Service may contain links to third-party websites or services that are not owned or controlled by AgriMate. We have no control over, and assume no responsibility for, the content, terms, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance on, any such third-party content, goods, or services. We encourage you to review the terms and privacy policies of any third-party websites or services you choose to access.

Termination

We may suspend or terminate your account immediately, without prior notice, in the event of a material breach of these Terms or where necessary to protect the Service, other users, or third parties. A material breach includes, but is not limited to: failure to comply with these Terms; any infringement or misuse of the intellectual property of the Service; any attempt to compromise the security, integrity, or availability of the Service, including but not limited to unauthorized access, vulnerability testing, scanning, hacking, port scanning, or reverse engineering; transmitting malware, viruses, worms, or any malicious or unsolicited communications (including spam); use of the Service for unlawful purposes or in violation of applicable laws or regulations; misuse of access rights or user roles; insolvency, bankruptcy, liquidation, or suspension of payments, where applicable. Upon termination, your right to access and use the Service will immediately cease. You may terminate your account at any time by discontinuing use of the Service. Certain data may be retained in accordance with the Privacy Policy and applicable law.

Limitation of Liability

To the maximum extent permitted by law, AgriMate shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, revenue, data, business opportunities, goodwill, or other intangible losses, resulting from: your access to or use of, or inability to access or use, the Service; any conduct or content of any third party using the Service; any content or data obtained through the Service; unauthorized access to, use of, or alteration of your data or transmissions. This limitation applies whether the claim is based on contract, warranty, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Where liability cannot be excluded under applicable law, our total aggregate liability shall be limited to the amount paid by you for the Service during the twelve (12) months preceding the event giving rise to the claim, or, where no payment has been made, to a nominal amount.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or availability. We do not warrant that: the Service will be uninterrupted, secure, or error-free; any defects or errors will be corrected; the Service or its servers are free from viruses or other harmful components; the results obtained from use of the Service will be accurate, reliable, or meet your requirements. The Service may display or process information provided by users or third parties, including agricultural, operational, or product-related data. We are not responsible for the accuracy, completeness, or reliability of such information. You acknowledge that agricultural and operational decisions carry inherent risks and agree to independently verify any information obtained through the Service before relying on it.

Force Majeure

We shall not be liable for any failure or delay in the performance of our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control ("Force Majeure Event"). A Force Majeure Event includes, but is not limited to, events such as natural disasters, fire, flood, extreme weather conditions, power or internet outages, labour disputes, government actions or regulations, changes in law, acts of war or terrorism, supply chain disruptions, or failures of third-party service providers. During a Force Majeure Event, our obligations under these Terms shall be suspended for the duration of the event. If the Force Majeure Event continues for an extended period and materially prevents the provision of the Service, either party may terminate the affected subscription or access without penalty.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law principles. You agree that any dispute arising out of or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Australia.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Where changes are material, we will make reasonable efforts to provide advance notice, such as through the Service or by email. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after any revised Terms become effective, you agree to be bound by the updated Terms. If you do not agree to the revised Terms, you must stop using the Service.

Administrators (Farm Owner and Farm Manager Roles)

The following terms apply only to user accounts holding the Farm Owner or Farm Manager role.

Subscriptions

Certain parts of the Service are available only to farms (and, in the future, contractors) that have entered into a subscription agreement arranged outside of the mobile application, typically through the AgriMate web platform or direct agreement. Subscriptions may be billed on a recurring basis, such as monthly or annually, depending on the subscription plan selected. Subscription terms, pricing, and billing cycles will be communicated at the time of subscription. Subscriptions may automatically renew unless cancelled in accordance with the applicable subscription terms. Farm Owners or authorised Farm Managers are responsible for managing subscriptions, including upgrades, downgrades, or cancellations, through the web platform or by contacting support. Unless otherwise required by applicable law or explicitly stated in writing, subscription fees are non-refundable once invoiced or paid. A valid payment method may be required to activate or maintain a subscription. You agree to provide accurate and complete billing information and authorise us (or our billing provider) to charge applicable subscription fees in accordance with your subscription agreement. If payment is not received when due, we reserve the right to suspend or restrict access to subscription-based features until payment is resolved.

Free Trials and Pilot Access

From time to time, we may offer free trials, pilot access, or evaluation periods to farms at our discretion. Free trials may be subject to limitations and may require billing information to be provided in advance. Unless cancelled before the end of the trial period, access may automatically convert to a paid subscription in accordance with the terms communicated at the time of the trial. We reserve the right to modify, suspend, or terminate any free trial or pilot access at any time.

Fee Changes

We may modify subscription fees from time to time. Any changes to subscription fees will apply prospectively and will be communicated with reasonable notice, allowing you the opportunity to cancel your subscription before the change takes effect. Continued use of subscription-based features after a fee change becomes effective constitutes acceptance of the updated pricing.

Contact Us

If you have any questions about these Terms, subscriptions, or the Service, you may contact us at: xboucher@agri-mate.com