Terms of Service

 

1. Terms of Service/Effective Date/Order Forms

Atoptix, Inc., a Pennsylvania corporation d/b/a Croptix (“Croptix” and/or “our”), provides its services (described below) to You (the “Customer”) through its website located at www.croptix.solutions (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service” or “Services”), subject to the following Terms of Service (as amended from time to time, these “Terms of Service” or the “Agreement”).

Croptix reserves the right, at its sole discretion, to change or modify portions of these Terms of Service at any time. Upon alteration, Croptix will post the changes on this page and will indicate on this page the date these terms were last revised. Croptix will also make reasonable efforts to notify the Customer, either through the Services user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except those changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. The Customer’s continued use of the Service after the date any such changes become effective constitutes their acceptance of the new Terms of Service.

The “​Effective Date​” of this Agreement is the date which is the earlier of (a) Customer’s initial access to the Service or (b) the effective date of the Order Form referencing this Agreement. This Agreement governs use of the Service no matter how accessed, including without limitation via a mobile, tablet, web or virtual/mixed reality application, email and/or other electronic communication. If the individual entering into this Agreement is an employee or agent of Customer, then such individual must be authorized to, and by agreeing to the terms of this Agreement hereby does, bind Customer to this Agreement.

Customer and Croptix may enter into order forms, quotations, change orders, sales agreements, or any other document referencing this Agreement (which may consist of online registration or separate Croptix order forms) (each, an “​Order Form​”) for Customer’s purchase of a subscription to the Service from Croptix. The version of this Agreement referenced in the Order Form will govern Customer’s purchase of the Services specified therein.

Furthermore, when using certain services, Customer will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at www.croptix.solutions/privacy-policy. All such terms are hereby incorporated by reference into these Terms of Service.

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR ACCESSING OR USING THE SERVICE, CUSTOMER IS AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF CUSTOMER DOES NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS LEGALLY BINDING UPON IT.

2. Access and Use of the Service

a) Services Description: The Services enable and aid the Customer in obtaining, measuring, tracking, and accessing information about crop health and other parameters.

b) Member Account, Password and Security: The Customer is responsible for maintaining the confidentiality of their password and account, if any, and is fully responsible for any and all activities that occur under their password or account. The Customer agrees to:

a. immediately notify Croptix of any unauthorized use of their password or account or any other breach of security; and

b. ensure that they log out of their account at the end of each session when accessing the Service.

Croptix will not be liable for any loss or damage arising from Customer’s failure to comply with this Section 2(b).

 

c) Modifications to Service: Croptix reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Customer agrees that Croptix will not be liable to Customer or to any third party for any modification, suspension or discontinuance of the Service.

d) Mobile Services: The Service includes certain services that are available via a mobile device, including

a. the ability to upload content to the Service via a mobile device;

b. the ability to browse the Service and the Site from a mobile device; and

c. the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). 

 

To the extent Customer accesses the Mobile Services, Customer’s wireless service carrier’s standard charges, data rates and other fees may apply.  In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by Customer’s carrier, and not all Mobile Services may work with all carriers or devices or in all areas.  By using the Mobile Services, Customer agrees that Croptix may communicate with Customer regarding Croptix and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.  In the event Customer changes or deactivates their mobile telephone number, Customer agrees to promptly update their Croptix account information to ensure that Customer messages are not sent to the person that acquires Customer’s old number.

3. Efficacy Information and Treatments

Croptix may at times, and at our sole discretion, provide Customer with efficacy information on available treatments in their area. While Croptix shall attempt to provide Customer with useful information, Croptix cannot, and does not, represent or warrant that Customer will find such information useful or that the information will be either accurate or comprehensive. Always consult the appropriate label for specific product information, availability, and use restrictions. Always follow all local laws and regulations regarding pesticide use, including, but not limited to, registration of use, safety, and times of use. While Croptix shall perform at its best, Croptix cannot and does not represent or warrant that the efficacy information provided is the most up-to-date or accurate for Customer’s area.

The Customer has made its own assessment and is satisfied concerning the relevant agricultural considerations relevant to the Purchaser’s actions concerning the land at issue and has independently evaluated the merits of its decision to utilize the Services provided by Croptix pursuant to this Agreement.

4. Customer Data

“​Customer Data​” means any Content, business information or other data of any type that is input by, or on behalf of, the Customer into the Service, including without limitation information manually input by Permitted Users or imported via a third-party product or service. ​As between the parties, Customer will retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data as provided to Croptix.

Subject to the terms of this Agreement, Customer hereby grants to Croptix a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and publicly perform and display the Customer Data solely to the extent necessary to provide the Service to Customer (including making Content available to Customer’s Third-Party Collaborators). Croptix does not provide an archiving service. Croptix agrees only that it will not intentionally delete any Customer Data from the Service prior to termination of Customer’s applicable Subscription Term. Croptix is not obligated to back up any Customer Data that is stored on the Service. Croptix therefore recommends that Customer create backup copies of any Customer Data stored on the Service as Customer’s sole cost and expense. EXCEPT WHEN DUE TO ITS OWN GROSS NEGLIGENCE, UNDER NO OTHER CIRCUMSTANCES SHALL CROPTIX BE LIABLE FOR ANY LOSS OF CUSTOMER DATA.

Croptix may also combine the data provided by Customer and other Users and create aggregated data (“Aggregated Data”) for the purposes of:

a) fulfilling the contractual relationship between Croptix and Customer;

b) fostering existing relations with its Users; and

c) quality control and further development of the Croptix platform (collectively, the “Business Purposes”).

 

Such Aggregated Data will not, however, be linked to Customer’s personally identifying data. Customer Data, and by extension Aggregated Data, does not include non-identifiable data compiled by Croptix for purposes of improving, maintaining, and/or optimizing the Services. Aggregated Data will, therefore, be anonymized and cannot be used to identify Customer or any other user of the Service. To the extent that Customer has any ownership or other interests in the Aggregated Data, Customer hereby grants to Croptix a non-exclusive, perpetual, worldwide, paid-up, and irrevocable license to use, process, manipulate and/or modify, copy, perform, compile and create derivative works from the Aggregated Data, including using the Aggregated Data for any Business Purposes.

5. Purchase From Reseller​

Notwithstanding anything to the contrary in this Agreement, if Customer purchased the Service through a Reseller, the following terms are applicable and shall prevail in event of any conflict with any other provisions of this Agreement.

a) The terms of this Agreement constitute the only terms applicable to the provision of the Service to Customer and no terms between Customer and Reseller shall apply to Customer’s access to or use of the Service.

b) Reseller has no authority to make any statements, representations, warranties or commitments on Croptix’s behalf and any such statements, representations, warranties or commitments are null and void.

c) Customer may place orders for the Service by executing an Order Form with Reseller and paying Reseller fees as specified therein.

d) In the event Customer is entitled to a refund under this Agreement, Customer must request such refund through Reseller. Any request sent directly to Croptix may be redirected to Reseller. Croptix will refund any applicable fees to Reseller and Reseller shall be solely responsible for refunding such fees to Customer. Croptix shall have no further liability to Customer in the event Reseller fails to refund such fees to Customer.

e) If Reseller fails to pay Croptix applicable fees for Customer’s use of the Service, Croptix reserves the right to terminate this Agreement including all rights granted hereunder.

f) Unless otherwise set forth in the Order Form, Customer shall receive end user support, if applicable, directly from Croptix during the applicable Subscription Term in accordance with the terms of this Agreement.

g) If Reseller is providing Customer with consulting or other professional services related to the Service, such services shall be provided under the terms of a separate agreement between Reseller and Customer.

h) This Agreement shall survive any termination of Customer’s agreement with Reseller so long as Croptix has received payment for Customer’s current Subscription Term.

6. Conditions of Use

User Conduct: Customer agrees to not use the Service to:

a) interfere with, disrupt, or copy or alter the Service in whole or in part, any data stored or accessed through the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

b) violate any applicable local, state, national or international law, or any regulations having the force of law; or

c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or

d) interfere with any other user of the Service, or attempt to obtain their information, harass, intimidate, or violate the rights of any other user of the Service; or

e) further or promote any criminal activity or enterprise.

7. Intellectual Property Rights

Service Content, Software and Trademarks: Customer acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.  Except as expressly authorized by Croptix, Customer agrees not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to Customer’s own User Content (as defined below) that Customer legally uploads to the Service.  Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Croptix, our affiliates and our partners (the “Software”). Customer agrees not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Croptix.

The Croptix name and logos are trademarks and service marks of Croptix (collectively the “Croptix Trademarks”). Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Croptix Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Croptix Trademarks will inure to our exclusive benefit.

User Content Transmitted Through the Service: With respect to the content or other materials Customer uploads through the Service or shares with other users or recipients (collectively, “User Content”), Customer represent and warrant that Customer own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content Customer hereby grants and will grant Croptix and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use Customer’s User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof.  Customer also acknowledges that Croptix may access, compile and distribute Customer’s User Content, but only on an aggregated and anonymous basis that does not reveal the Customer or Customer’s assets as the source of individual pieces of information.

Customer acknowledges and agrees that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by Customer to Croptix are non-confidential and Croptix will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to the Customer.

Customer acknowledges and agrees that Croptix may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

a. comply with legal process, applicable laws or government requests;

b. enforce these Terms of Service;

c. respond to claims that any content violates the rights of third parties; or

d. protect the rights, property, or personal safety of Croptix, its users and the public.

 

Customer understands that the technical processing and transmission of the Service, including Customer content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8. Copyright Complaints

Croptix respects the intellectual property of others and asks the Customer to do the same. If Customer believes that their work has been copied in a way that constitutes copyright infringement, or that Customer’s intellectual property rights have been otherwise violated, Customer should notify Croptix of this alleged infringement claim in accordance with the procedure set forth below.

Croptix will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Croptix’s Copyright Agent at support@croptix.solutions  (Subject line: “DMCA Takedown Request”). Customer may also contact Croptix by mail at: support@croptix.solutions

To be effective, the notification must be in writing and contain the following information:

a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b) a description of the copyrighted work or other intellectual property that Customer claim has been infringed;

c) a description of where the material that Customer claims is infringing is located on the Service, with enough detail that Croptix may find it on the Service;

d) Customer’s address, telephone number, and email address;

e) a statement by Customer that Customer has a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

f) a statement by the Customer, made under penalty of perjury, that the above information in Customer’s Notice is accurate and that Customer is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

Counter-Notice: If Customer believes that their User Content that was removed (or to which access was disabled) is not infringing, or that Customer has the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in their User Content, Customer may send a written counter-notice containing the following information to the Copyright Agent:

a) your physical or electronic signature;

identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

b) a statement that Customer have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

d) your name, address, telephone number, and email address, a statement that Customer consents to the jurisdiction of the federal court located within the state of Colorado, and a statement that Customer will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Croptix will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Croptix has adopted a policy of terminating, in appropriate circumstances and at Croptix ‘s sole discretion, users who are deemed to be repeat infringers. Croptix may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

9. Indemnity and Release

Customer agrees to release, indemnify and hold Croptix and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to Customer’s use of the Service (except as expressly set forth in the Shipment Terms), use of the Service by anyone gaining access to the Service through Customer’s account, any User Content, Customer’s violation of these Terms of Service or Customer’s violation of any rights of another.

Except in the case of Croptix’s gross negligence or willful misconduct, Customer further agrees to indemnify and hold Croptix and its affiliates and agents harmless from and against any losses, costs, liabilities and expenses, including attorneys’ fees, arising out of a third-party claim that Croptix’s processing or possession of the Customer Data or Aggregate Data was in violation of a third-party’s personal or intellectual property rights.

If Customer is a California resident, Customer waive California Civil Code Section 1542 (Cal Civ Code § 1542), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If Customer is a resident of another jurisdiction, Customer waives any comparable statute or doctrine.

10. Limited Warranty

During the term of this Agreement, Croptix warrants that the Services will materially conform to Croptix’s then-current documentation for the Services under normal operation and circumstances, and that the Services shall be performed in a professional manner consistent with industry standards (the “Limited Warranty”). Should Customer notify Croptix of a breach of this Limited Warranty, Croptix will, at its option, issue Customer Six (6) months of Services free from any fees or charges which fairly reflects the diminished value of the nonconforming Service in breach of this Limited Warranty.

11. Disclaimer of Warranties

EXCEPT AS SET FORTH IN THE SHIPMENT TERMS AND THE ABOVE LIMITED WARRANTY, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CROPTIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, UPTIME, SPEED, TITLE AND NON-INFRINGEMENT. CROPTIX MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, OR (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. CUSTOMER SHOULD NOTE THAT, IF PUCHASING THE SERVICES THROUGH A RESELLER, CUSTOMER DATA MAY TRAVEL THROUGH THIRD-PARTY RESELLER INFRASTRUCTURES THAT ARE NOT UNDER CROPTIX’S CONTROL (SUCH AS A THIRD-PARTY RESELLER SERVER). CROPTIX MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY RESELLER INFRASTRUCTURES.

12. Limitation of Liability

CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT CROPTIX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CROPTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. EXCEPT AS EXPRESSLY SET FORTH IN THE SHIPMENT TERMS, IN NO EVENT WILL CROPTIX’S TOTAL LIABILITY TO CUSTOMER FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT CUSTOMER HAVE PAID CROPTIX IN THE LAST SIX (6) MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO CUSTOMER. IF CUSTOMER IS DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

13. Arbitration

At Croptix’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS (f/k/a Judicial Arbitration and Mediation Services, Inc.), or its successor. Unless otherwise agreed by the parties, arbitration will be held in Denver, Colorado before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Notwithstanding the provisions of the introductory section above, if Croptix changes this Section 13 after the date Customer first accepts these Terms of Service (or accepted any subsequent changes to these Terms of Service ), Customer may reject any such change by sending Croptix written notice within thirty (30) days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Croptix’s email to Customer notifying Customer of such change. By rejecting any change, Customer is agreeing that Customer will arbitrate any dispute between Customer and Croptix in accordance with the provisions of this section as of the date Customer first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

14. Termination

Customer agrees that Croptix, in its sole discretion, may suspend or terminate Customer’s account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if Croptix believes that Customer has violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Customer’s use of Service, may be referred to appropriate law enforcement authorities. Croptix may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. Customer agrees that any termination of Customer’s access to the Service under any provision of this Terms of Service may be affected without prior notice and acknowledges and agrees that Croptix may immediately deactivate or delete Customer’s account and/or bar any further access to such files or the Service. Further, Customer agrees that Croptix will not be liable to Customer or any third party for any termination of Customer’s access to the Service.

15. General

These Terms of Service as well as all other terms incorporated herein by reference constitute the entire agreement between Customer and Croptix and govern your use of the Service, superseding any prior agreements between Customer and Croptix with respect to the Service. Customer also may be subject to additional terms and conditions that may apply when Customer use affiliate or third-party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Colorado without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, Customer and Croptix agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Denver County, Colorado. The failure of Croptix to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Customer may not assign this Terms of Service without the prior written consent of Croptix, but Croptix may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to Customer may be made via either email or regular mail. The Service may also provide notices to Customer of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

16. Your Privacy

At Croptix, respect is given to the privacy of users. For details, please see our Privacy Policy. By using the Service, Customer consents to our collection and use of personal data as outlined therein.

17. Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Customer may contact Croptix at 200 Innovation Blvd, Ste 234-1, State College, PA 16803 USA.

Date of Last Revision: August 3, 2021