Terms of Service

Effective Date: March 21, 2025

Last Updated: March 21, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FamFarm Inc. ("Company," "we," "us," or "our") governing your use of the FamFarm mobile application, website, and related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

2. Description of Services

FamFarm provides a comprehensive farm management platform that enables users to:

• Track and manage various farming operations (crops, livestock, poultry, and fish farming)
• Monitor financial performance and generate reports
• Facilitate communication between farmers and investors
• Manage batch profiles and agricultural activities
• Access weather forecasts and agricultural insights
• Store and share media files related to farm operations
• Set reminders and notifications for farm activities

3. User Accounts and Eligibility

3.1 Eligibility

You must be at least 18 years of age and legally capable of entering into binding agreements to use our Services. By using our Services, you represent and warrant that you meet these requirements.

3.2 Account Creation

To access certain features, you must create an account by providing accurate, current, and complete information. You are responsible for:

• Maintaining the security of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use
• Keeping your account information up-to-date

3.3 Account Types

• Farmer Accounts: Primary farm operators who manage farm data and operations
• Investor Accounts: Stakeholders invited by farmers to monitor farm activities
• General Users: Individuals tracking personal agricultural activities

4. Acceptable Use

4.1 Permitted Uses

You may use our Services for legitimate farm management and agricultural purposes in accordance with these Terms and applicable laws.

4.2 Prohibited Activities

You agree not to:

• Use the Services for any illegal, harmful, or unauthorized purposes
• Violate any applicable laws, regulations, or third-party rights
• Transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Services or servers
• Harvest or collect user information without consent
• Create false or misleading farm data or financial information
• Impersonate any person or entity or misrepresent your affiliation
• Upload content that is defamatory, obscene, or violates intellectual property rights
• Use automated systems to access the Services without authorization
• Attempt to reverse engineer, decompile, or disassemble our software

5. User Content and Data

5.1 Your Content

You retain ownership of all content you upload, including farm data, financial records, images, and communications ("User Content"). By using our Services, you grant us a limited, non-exclusive license to use your User Content to provide and improve our Services.

5.2 Content Standards

All User Content must:

• Be accurate and truthful to the best of your knowledge
• Comply with applicable laws and regulations
• Not infringe on third-party rights
• Not contain harmful or malicious elements

5.3 Data Security

We implement industry-standard security measures to protect your data, including:

• Encryption of data in transit and at rest
• End-to-end encryption for communications between farmers and investors
• Regular security audits and updates
• Access controls and monitoring

6. Financial Services

6.1 Financial Tracking

Our Services include tools for tracking farm finances, including expenses, revenues, and profit/loss calculations. These tools are for informational purposes only and do not constitute financial advice.

6.2 Investment Facilitation

FamFarm facilitates communication between farmers and investors but does not:

• Provide investment advice or recommendations
• Guarantee investment returns or farm performance
• Act as a financial intermediary or broker
• Assume responsibility for investment decisions

6.3 Third-Party Financial Services

Payment processing and financial transactions may be handled by third-party providers. You agree to comply with their terms and conditions.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our data practices.

8. Subscription and Payments

8.1 Free and Paid Services

We offer both free and paid subscription plans. Paid features may include advanced analytics, expanded storage, or premium support.

8.2 Subscription Terms

• Subscriptions are billed in advance on a monthly or annual basis
• Automatic renewal unless cancelled before the renewal date
• Price changes will be communicated 30 days in advance
• No refunds for partial subscription periods

8.3 Payment Processing

All payments are processed securely through third-party payment processors. We do not store your payment information on our servers.

9. Intellectual Property

9.1 Our Rights

The FamFarm platform, including its software, content, trademarks, and intellectual property, is owned by FamFarm Inc. and protected by intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use our Services in accordance with these Terms. This license does not grant you any ownership rights.

9.3 Feedback

Any feedback, suggestions, or ideas you provide to us may be used without restriction or compensation.

10. Third-Party Services

Our Services may integrate with third-party applications and services, including:

• Weather forecasting services
• Payment processing platforms
• Cloud storage providers
• Analytics and monitoring tools

We are not responsible for the availability, accuracy, or content of third-party services. Your use of third-party services is subject to their respective terms and conditions.

11. Service Availability

11.1 Uptime

While we strive to provide continuous service availability, we do not guarantee uninterrupted access to our Services. We may experience downtime for maintenance, updates, or technical issues.

11.2 Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time with reasonable notice to users.

12. Disclaimers and Limitations

12.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2 Agricultural Risks

Farming and agricultural investments involve inherent risks, including weather, market conditions, disease, and other factors beyond our control. We do not guarantee farm success or investment returns.

12.3 Data Accuracy

While we strive to provide accurate information, we do not guarantee the accuracy, completeness, or timeliness of any data, including weather forecasts or market information.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAMFARM INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OUR SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless FamFarm Inc., its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any User Content you submit or transmit

15. Termination

15.1 Termination by You

You may terminate your account at any time by following the account deletion process in the application or contacting our support team.

15.2 Termination by Us

We may terminate or suspend your account and access to our Services immediately, without prior notice, for:

• Violation of these Terms
• Illegal or harmful activities
• Extended periods of inactivity
• Non-payment of subscription fees

15.3 Effects of Termination

Upon termination:

• Your access to the Services will cease immediately
• You may request export of your data within 30 days
• We may retain certain data as required by law or for legitimate business purposes
• All provisions that should survive termination will remain in effect

16. Dispute Resolution

16.1 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us at [email protected] to resolve any disputes informally.

16.2 Binding Arbitration

Any disputes arising from these Terms or your use of our Services will be resolved through binding arbitration conducted under the rules of the ADR Institute of Canada, Inc., rather than in court, except for small claims court proceedings.

16.3 Class Action Waiver

You agree that any arbitration will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to its conflict of law principles. Any legal proceedings will be conducted in the courts of Ontario, Canada.

18. International Users

Our Services are operated from Ontario, Canada. If you access our Services from outside Canada, you are responsible for compliance with local laws. We make no representation that our Services are appropriate or available for use in other locations.

19. Changes to Terms

We may update these Terms periodically to reflect changes in our Services, legal requirements, or business practices. We will notify you of material changes through:

• In-app notifications
• Email notifications
• Updates to our website

Your continued use of our Services after such modifications constitutes acceptance of the updated Terms.

20. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FamFarm Inc. regarding your use of our Services and supersede any prior agreements.

22. Contact Information

If you have questions about these Terms or need to contact us for any reason, please reach out to us:

23. Agricultural Compliance

Users must ensure their farming practices comply with all applicable agricultural regulations, including but not limited to:

• Livestock welfare standards
• Food safety regulations
• Environmental protection laws
• Pesticide and chemical usage guidelines
• Organic certification requirements (if applicable)

24. Force Majeure

We will not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, acts of war, terrorism, pandemics, or government actions.

25. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative.

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