TERMS OF USE (July 2018)

These terms and conditions (which we will call the "Terms of Use"), in addition to our Privacy Policy, and any other documents referred to in these terms (which, together, form the "Fieldmargin Terms"), govern your use of the App and the Website (which, together, we shall call the "Fieldmargin Platforms"), and constitute a legally binding contract between Fieldmargin and you.

You should read, and make sure that you understand, these all of the Fieldmargin Terms before downloading, installing, or accessing (i.e. "using") any of the Fieldmargin Platforms. If you do not agree with any of the Fieldmargin Terms, you cannot use any of the Fieldmargin Platforms, and by using any Fieldmargin Platform you are be deemed to agree to the Fieldmargin Terms.

Terms of Use last updated: [12 July 2018]

1. Our guide to understanding these terms of use

1.1 To protect Fieldmargin and to provide you with all the information that we think you should be given before using any of the Fieldmargin Platforms, these Terms of Use cover a number of things, including:

1.2 We have tried to keep these Terms of Use as user-friendly as possible, and one way we have done so is to shorten them and make them consistent throughout by using defined terms. The most important defined terms that you will see in these Terms of Use are:

2. What do the terms of use apply to?

2.1 The Fieldmargin Terms, including these Terms of Use, constitute a legally-binding contract between you and us, governing your use of the Fieldmargin Platforms. The latest Fieldmargin Terms will apply every time you use any of the Fieldmargin Platforms, and you and we agree to be bound by them on each such occasion.

2.2 You should also note that the Appstores may require you to agree to further terms and conditions in order to use or update the App (together, the "Appstore Terms"). For example, the "Apple App Store" requires us to include certain terms in these Terms of Use, which we have added at the bottom of them. We will try to update these Terms of Use to reflect any changes to the requirements of the Appstore Terms, but in any event you agree to comply with any Appstore Terms which apply from time to time.

3. What does the app do?

3.1 The App and the Website are primarily designed to provide an easy-to-use, visual record of your farm, which you can access while either out in the fields or back at the farmhouse, home, or office. The Fieldmargin Platforms allow you to draw maps, make notes, leave messages for your team, and more, with or without an internet connection.

3.2 The Fieldmargin Platforms may also display products and/or services from third-party suppliers which you may be interested in, and allow you to click-through to that supplier’s own website or mobile application to view products and place orders. It is important that you recognise that any such third party will probably require you to agree to its separate terms and conditions to both use their website or mobile application, and to place any order for their products and/or services. Fieldmargin will not be a party to any such terms and conditions, and cannot intervene in your relationship with the relevant third party.

3.3 We are committed to maintaining a free-to-use version of the Fieldmargin Platforms, but we may also offer paid-for features. Depending on whether you choose to sign-up for those features, you (or someone that you work with) may have to agree to another set of terms and conditions in order to have access to certain features which are not available to others users (or, conversely, they may have access to features which you do not).

4. Who can use the Fieldmargin Platforms?

4.1 You must be aged 18 or over use any of the Fieldmargin Platforms.

4.2 If you are a business using any of the Fieldmargin Platforms across multiple devices or users on your farm, in addition to each user individually agreeing to the Fieldmargin Terms every time that they use any of the Fieldmargin Platforms, you represent and warrant that each such use and user complies with the Fieldmargin Terms.

4.3 We strive to make the App available on as many platforms as possible, but you remain solely responsible for ensuring that your device, operating system, and internet connection are sufficient to use any of the Fieldmargin Platforms, and that you are permitted to use any such Fieldmargin Platform in whichever territory you are seeking to use it in.

5. Changes to these terms of use

5.1 We keep the Terms of Use under regular review and may change or update them from time to time to reflect changes in law or best practice, or to deal with changes or additional features which we introduce to the Fieldmargin Platforms. If we decide to do this and we believe that our amendments will adversely affect you, and where we are able, we will give you at least 30 days’ notice of any such changes (we will notify you through the App or on the Website).

5.2 Any changes to these Terms of Use will apply from and including the "Last Updated" date at the top of these Terms of Use, even if you had used any of the Platforms before that date.

5.3 If you do not accept any changes that we make to any of the Fieldmargin Terms, you cannot continue to use the App, and must immediately delete it from your device, or the Website.

6. Changes to the App

6.1 From time to time, updates to the App may be issued through the Appstores. Depending on the update, you may not be able to fully use the App until you have downloaded the latest version of the App and accepted any amendments to the Fieldmargin Terms.

7. Use of your information data

7.1 In order to use the Fieldmargin Platforms, you will have to provide and we will have to collect some of your personal data. This is to be expected – the Fieldmargin Platforms are designed to work for each individual farmer, and do so they need some information about him or her (for example, the location of the farm). However, we will only collect and use your personal data in accordance with the terms of our Privacy Policy.

7.2 We must remind you that, although we make every effort to ensure the security of the App, the Website, and our servers, internet transmissions are never completely private or secure, and any information you send using the Fieldmargin Platforms may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. We do not take responsibility for and cannot be held liable for any such compromise of your information.

8. Links to third-party content in the Fieldmargin Platforms

8.1 The Fieldmargin Platforms may contain links to third-party websites and applications, including for example third party suppliers whose products and/or services are displayed on the Fieldmargin Platforms, and/or embedded, frame, or otherwise present third-party content, such as map services and weather information in your locality ("Third-Party Content" ). We have no control over Third-Party Content, and we are not responsible for and do not endorse it – you access and use such Third-Party Content entirely at your own risk. You should be aware that the relevant third party may require you to agree to its own terms and conditions to use such Third-Party Content, and other terms will apply (to which we are not a party and have no responsibility) if you choose to purchase any products and/or services from a third party.

9. What can you do with the Fieldmargin Platforms?

9.1 In return for you agreeing to be bound by the Fieldmargin Terms and subject to your continued compliance with the Fieldmargin Terms, we hereby grant to you a non-transferable, non-exclusive, non-sublicencable, revocable licence to use the App (and any updates to the App that we provide to you, including through the Appstores) and the Website on compatible devices owned or controlled by you for the purpose of using the Fieldmargin Platforms as contemplated by these Terms of Use. You can also use the Website to find out more information about Fieldmargin and the App.

10. What can’t you do with the Fieldmargin Platforms?

You cannot use any of the Fieldmargin Platforms other than in the ways, and for the purposes, which we expressly allow you to (as explained in the "What can you do with the Fieldmargin Platforms?" section 9 above), or as is allowed by law. This means that, in particular, that unless permitted by law you cannot:

11. Intellectual property rights

11.1 These Terms of Use, specifically at clause 9, mean that we are licensing you the ability to use our intellectual property (and the intellectual property that we, in turn, licence from others) contained in the Fieldmargin Platforms. Intellectual property includes, but is not limited to, things like copyright in the software and appearance of the App and the Website, confidential information and trade secrets, our trade names and logos, and any patent protection covering the App or the Website.

11.2 None of the Fieldmargin Platforms are sold to you and you will not receive any ownership rights of any intellectual property rights contained within. You acknowledge that all intellectual property rights in the Fieldmargin Platforms belong to us (or our relevant licensor), and that you have no rights in, or to, the Fieldmargin Platforms other than the right to use them in accordance with these Terms of Use.

11.3 If you upload to any of the Platforms or send us any content (for example, this includes, but is not limited to, any images you upload to your profile, any messages you leave for yourself or other users, any data about your farm or farming activities, and any images, maps, or plans of your farm) ("Your Content"), you hereby grant to us a royalty–free, worldwide, perpetual, irrevocable, non-exclusive licence to use such content in connection with the provision of our services (including the Fieldmargin Platforms). You represent and warrant that you have the necessary rights and authority to grant us such a licence and that our use of Your Content shall not breach and laws or infringe the rights of any third party.

11.4 If you send us any feedback in the relation to the Fieldmargin Platforms (which we will gratefully receive!), you hereby grant to us a royalty–free, worldwide, perpetual, irrevocable licence to use such feedback for such purposes as we see fit from time to time, including without limitation, to create new or enhance existing products or services offered by us, or to pass on to third parties for their use. We shall not be required to compensate you financially or otherwise for your feedback or the results of your feedback.

11.5 Clauses 11.2 to 11.5 shall survive the termination or expiry of the Fieldmargin Terms.

12. Indemnity

12.1 You agree to indemnify us, and our officers, employees, agents, and any of our other personnel, against any damages, losses, and reasonable professional costs and expenses, incurred or suffered as a result of your use of any of the Fieldmargin Platforms other than in accordance with the Fieldmargin Terms, and/or your breach of clause 11.3.

12.2 This clause 12 shall survive the termination or expiry of the Fieldmargin Terms.

13. Disclaimer and limitation of liability

13.1 The Fieldmargin Platforms are licensed to you "as is" and "as available" for the general purpose for which they were designed and licenced (i.e. without consideration for your particular intended use, of which Fieldmargin is not aware). As such and to the maximum extent permitted by law, the Fieldmargin Platforms are licensed without any representation, warranty or undertaking of any kind (whether express or implied), including but not limited to any assurances as to the availability, performance, accuracy, security or completeness of any of the Fieldmargin Platforms. We do not warrant, represent or undertake that use and availability of the Fieldmargin Platforms will be uninterrupted or error-free. If this exclusion is not permitted by mandatory law, the applicability of any implied assurance shall be limited to the greatest extent permitted by mandatory law.

13.2 We are not responsible for loss or damage you suffer as a result of decisions you make on the basis of information (including any Third-Party Content) displayed on the Fieldmargin Platforms, or any contract you enter into with any third party on or via any of the Fieldmargin Platforms.

13.3 We have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, loss or damage to data, damage caused by computer virus or malicious code, reputational damage, or any secondary, special, consequential or indirect loss.

13.4 Where it cannot be excluded, our maximum aggregate liability under or in connection with the Fieldmargin Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to five hundred pounds sterling (GBP £500). Notwithstanding the clauses above, nothing in the Fieldmargin Terms shall limit or exclude our liability for:

13.5 This clause13 shall survive the termination or expiry of the Fieldmargin Terms.

14. Ending your use of the Fieldmargin Platforms and these terms of use

14.1 We may, without liability to us (without restricting any rights you or we have accrued up to that point), restrict or prevent your access to the Fieldmargin Platforms, or any of them, with or without notice to you, and/or terminate the agreement between us (i.e. the Fieldmargin Terms, including these Terms of Use) if:

14.2 You may, without restricting any rights you or we have accrued up to that point, stop using any of the Fieldmargin Platforms and/or notify us that you are terminating the Fieldmargin Terms at point.

14.3 If you breach any of these Terms of Use, the licence at clause 11.1 shall terminate automatically and you shall no longer be able to use any of the Fieldmargin Platforms.

14.4 If we notify you that we have prevented your access to any of the Fieldmargin Platforms and terminated these Terms of Use, you must immediately cease using the Fieldmargin Platforms and delete any copies of the App from your device(s).

15. Complaints and Communication between us

15.1 If you wish to contact us, please feel free get in touch via any of the methods listed on our Website. We will get back to you as soon as we can.

15.2 If we wish to contact you (including to provide any notice of a change to the Fieldmargin Terms, Fieldmargin Platforms, or your access rights), we will do so by e-mail to any address you provide to us, or via the App itself.

15.3 If you wish to make a complaint about any of the Fieldmargin Platforms, we would love you to get in touch with us first so that we can try and resolve the issue. However, if we are unable to find a resolution, you could consider “alternative dispute resolution” (which is a form of structured resolution of a complaint other than through the courts). You can find more information about the European Commission’s Online Dispute Resolution platform is available at http://ec.europa.eu/odr.

16. We are not liable for events outside our control

16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Fieldmargin Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks. If such an event outside our control occurs, our obligations under the Fieldmargin Terms will be suspended and the time for performance of our obligations will be extended for the duration of the relevant event.

17. Other important terms

17.1 We may, without notice to you and without your consent, assign or otherwise transfer our rights (or any of them) under the Fieldmargin Terms to another person or organisation. You also hereby agree that we may similarly assign or otherwise transfer our obligations (or any of them) under the Fieldmargin Terms, without further notice to you, and you agree, upon demand, to enter into any such contract or do any such thing (at our cost) as may be necessary to confirm this. However, you must obtain our prior written consent to assign or otherwise transfer any of your rights or obligations under the Fieldmargin Terms.

17.2 If we do not insist upon or enforce, or if we delay in any such insistence or enforcement, your performance of any of your obligations under the Fieldmargin Terms, that will not mean that we have no future intention to do so or that we have waived our rights against you, and neither will it mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17.3 Each of the terms of the Fieldmargin Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, such terms shall be amended to least extent possible and reflective of the parties’ original intention, and the remaining conditions will remain in full force and effect.

17.4 These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and the parties shall submit to the exclusive jurisdiction of the English courts.

Appstore Terms

  1. These Terms of Use are concluded between you and Fieldmargin, and not with Apple Inc ("Apple"). The App and its contents are the responsibility of Fieldmargin, our licensors, and the users of the App (to the extent that such users create, submit or distribute any content via the App) and not Apple.
  2. The licence to use the App granted under these Terms of Use is a non­transferable license for you to use the App on an Apple­branded product that you own or control in accordance with the usage rules set forth in the "Apple App Store Terms of Service", except that the App may be accessed, acquired, and used by other accounts associated with you via any family sharing or volume purchasing arrangements with Apple.
  3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Apple has no obligation to offer maintenance or support services in connection with the App.
  4. Apple provides no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any applicable warranty set out in these Terms of Use will be solely our responsibility.
  5. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  6. In the event of any third party claim that the App or your possession or use of the App infringes that third party’s intellectual property rights, Fieldmargin and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
  7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. You must comply with any third party terms that are applicable to the use of the App from time to time.
  9. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.

Privacy Policy

We are Field Margin Ltd ("Fieldmargin, We, Us, Our"). We are committed to protecting and respecting your privacy and we always have been. This policy sets out the basis on which any personal data we collect will be processed by us. Please read this privacy policy carefully to understand our views and practices and your rights regarding your personal data. By visiting https://www.fieldmargin.com (our site), or using our App Fieldmargin ("our app") your personal information will be processed as described in this policy.

Read more

For the purpose of data protection legislation, the controller of any personal data is Field Margin Ltd of Work.Life / Verizon, 20 Jerusalem Passage London EC1V 4JP.

Our Data Protection Compliance Manager ("DPCM") is Thomas Hughes. If you have any queries, complaints or requests please contact our DPCM at DPCM@fieldmargin.com.

What information do we collect from you?

We will collect and process the following data about you:

Why do we collect this information?

We process your personal information for the following reasons:

We will carry out analytics to improve our site, our app and our services as set out above.

You have the right to object to processing carried out for our legitimate interests. See the What are your rights? section below for more information.

How long do we keep hold of your information?

Who might we share your information with?

For the purposes set out in the 'Why do we collect this information?' section above, we will share your personal information with:

Additionally, we will disclose your personal information to the relevant third party:

How is your data stored and kept secure?

At Fieldmargin, we take your safety and security very seriously and we are committed to protecting your personal and financial information. All information kept by us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our service, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

We may transfer your data outside the European Economic Area ("EEA"). We will only do so if adequate protection measures are in place in compliance with data protection legislation. We use the following protection measures:

Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. More information is available by contacting us.

What are your rights?

Where processing of your personal data is based on consent, you can withdraw that consent at any time.

You have the following rights. You can exercise these rights at any time by contacting us at 20 Jerusalem Passage, London, EC1V 4JP, UK OR DPCM@fieldmargin.com. You have the right:

Should you have any issues, concerns or problems in relation to your data, or wish to notify us of data which is inaccurate, please let us know by contacting us using the contact details above.

In the event that you are not satisfied with our processing of your personal data, you have the right to lodge a complaint with the relevant supervisory authority, which is the Information Commissioner's Office (ICO) in the UK, at any time. The ICO's contact details are available here: https://ico.org.uk/concerns/.

Changes to our privacy policy

This policy may be updated from time to time. Please check back frequently to see any updates or changes to our privacy policy.

Cookies

We use cookies and similar technology to distinguish you from other users of our site. This helps us to provide you with a good experience when you use our site and also allows us to improve our site.

We use the following cookies for the following purposes:

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Cookie name Type Purpose Expires
JSESSIONID_ Strictly necessary Session Identifier for Log in Never
WEB_SESSION_UUID Analytical Session activity tracking Never
XSRF_TOKEN Strictly necessary Prevents Cross-site request forgery Never

Third Party Cookies:

Cookie name Type Purpose Expires
Google Analytics Analytical Collects information about how visitors use the Websites, which website the user came from, the number of each user's visits and how long a user stays on the Websites 2 years
Facebook Analytical Enable visitors to share website pages and content through third party social networking and other websites. The companies that serve these cookies may also use visitors information to serve targeted advertising on other websites. 2 years

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Contact us

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to 20 Jerusalem Passage, London, EC1V 4JP, UK or DPCM@fieldmargin.com.