Agro Notes app terms of service

1. General provisions

1. These terms of service (the “Terms”) set out the rules for using the Agro Notes mobile application (the “App”) and the related services provided electronically.
2. The service provider is Krzysztof Kołecki, running a business at ul. Oskara Kolberga 18C/31, 81-881 Sopot, Poland, Polish tax ID (NIP) 5862270852, REGON 389974516 (the “Provider”). Contact: contact@agronotes.app.
3. The App privacy policy and the Data processing agreement form an integral part of these Terms.
4. The Terms are made available free of charge before the contract is concluded, in a form that allows them to be obtained, reproduced and stored, in particular by downloading, saving and printing this page.
5. These Terms do not cover the agronotes.app website itself; the website is governed by separate terms.
6. This English version of the Terms applies to users who use the App in English. Users who use the App in Polish are bound by the Polish version published at agronotes.pl.

2. Definitions

• App — the Agro Notes mobile application together with the server side that enables sync and collaboration.
• Service — the electronically supplied service of making the App available, storing the data entered in it and syncing that data between devices and Farm members.
• User — a natural person using the App through a registered Account.
• Consumer — a User who is a natural person and concludes the contract for a purpose not directly related to their business or profession.
• Where the mandatory law of the User’s country grants consumer protection to other persons (for example, sole traders for whom the contract has no professional character), the provisions of these Terms concerning Consumers apply to them to that extent.
• Account — the User’s individual, password-protected profile in the App.
• Farm — a workspace holding fields, notes and spray records, accessible only to invited persons. Each Farm is assigned the country chosen by the User who created it; the country cannot be changed later and determines which country-specific features are available in that Farm.
• Owner — the User who created a Farm and manages access to it.
• Collaborator — a User whom the Owner has given access to a Farm.
• Content — any data entered into the App by a User, in particular fields and their boundaries, notes, photos, tasks and spray record entries.
• Spray records — the records of plant protection product applications kept in the App.

3. Technical requirements

1. To use the App you need a mobile device running a currently supported version of Android or iOS and internet access.
2. The App can be used offline. Changes made offline are saved on the device and sent once the connection is restored; until then other Farm members may not see them.
3. Maps and weather suggestions require an internet connection and the availability of the external services described in section 8.
4. The Provider is not responsible for data charges billed by the User’s mobile operator, including roaming charges.

4. Conclusion of the contract and the Account

1. The contract for the Service is concluded when the Account is created and confirmed by clicking the activation link sent to the email address provided.
2. Creating an Account requires accepting the Terms. Registration constitutes the conclusion of a contract for an indefinite period.
3. An Account may be created by a person with legal capacity to enter into the contract, or by a person acting on behalf of a farm or another entity with the knowledge of a person authorized to represent it. The App is a tool for people running a farm and is not directed at children.
4. The User provides a genuine email address and must protect their password from third parties. Any suspected unauthorized access to the Account should be reported to the Provider without delay.
5. The user name is visible to the other members of the Farms the User belongs to. The User does not have to use their real name.

5. Scope of the Service and licence to the App

1. On conclusion of the contract, the Provider grants the User a non-exclusive, non-transferable licence to use the App on devices the User controls, solely for their own use in running a farm. The licence lasts for the term of the contract.
2. The following are prohibited: reselling, renting or making the App available to third parties for profit, removing the Provider’s markings, circumventing security measures, and decompiling or reverse engineering the App beyond what mandatory copyright law allows.
3. Using the App in a way that disrupts its operation is prohibited, in particular automating requests on a scale that burdens the infrastructure or the external services the App relies on.

6. User Content

1. The User keeps all rights to the Content they enter. The Provider acquires no rights to it and does not use it for its own purposes; in particular, it does not sell it or use it to build marketing profiles.
2. The User grants the Provider a free licence limited to what is necessary to provide the Service: storing the Content, copying it to sync it between devices and Farm members, displaying it to the User and sharing it with the other Farm members according to the permissions set. The licence ends when the Content is deleted and, for Content that remains in someone else’s Farm, as described in section 7(6).
3. The User declares that they are entitled to enter the Content into the App and that it does not infringe the rights of third parties.
4. Entering unlawful content, content infringing personal rights or intellectual property of third parties, or malicious software into the App is prohibited.
5. Entering special categories of personal data referred to in Article 9 of the GDPR (such as health data, beliefs or trade union membership) or data relating to criminal convictions and offences into the App is prohibited. The App is not designed for such data and does not provide the safeguards it requires.
6. The procedure for reporting content the User considers illegal is described on a separate page.

7. Farm and collaboration

1. The Owner creates a Farm and may invite Collaborators by entering their email address. An invitation may be accepted or declined; until it is accepted the Collaborator has no access to the Content.
2. A Collaborator may add notes and treatments within the Farm and view its fields. The permissions of each role follow from the App’s functions and may change as it develops.
3. For personal data of third parties entered into a Farm, the controller is the Owner or the entity on whose behalf the Owner uses the App and which determines the purposes and means of processing that data. A User who creates a Farm or enters such data declares that they are authorized to conclude the Data processing agreement on behalf of that controller. The controller is responsible for having a legal basis for the processing and for informing the persons concerned.
4. To the extent the Provider processes personal data contained in the Content, it acts as a processor under the Data processing agreement, which is an annex to the Terms and is concluded together with the contract for the Service.
5. The Owner may withdraw a Collaborator’s access to the Farm at any time. Content added by the Collaborator remains in the Farm unless deleted by an authorized person.
6. Content added by a User in a Farm they do not own remains in that Farm after their Account is deleted; only the link between the Content and the Account is removed. This protects the Owner from losing part of the Spray records they may be required to keep. Requests to delete such Content should be sent to the controller of that Farm: the Owner or the entity on whose behalf the Owner uses the App.

8. Nature of the App, spray records and external data

1. The App is a support tool for keeping your own notes and records. It does not constitute agronomic, legal or agricultural advice and does not replace contact with an appropriate adviser or authority.
2. Any obligation to keep and retain records of plant protection product applications rests solely with the User and follows from the law applicable to their farm. In the European Union, for example, Regulation (EC) No 1107/2009 requires professional users to keep such records for at least 3 years; other countries have their own rules. The Provider is not a party to these obligations and is not responsible for their fulfilment. The User is responsible for checking that the records kept in the App meet the requirements that apply to them.
3. The User should keep a copy of the Spray records outside the App. The App provides export to PDF and CSV files for this purpose. Failure to make copies is the User’s responsibility.
4. Suggestions of product names, authorization numbers, crop codes and growth stages come from external dictionaries or from entries previously made in the Farm and may be incomplete or out of date. Before applying a product, the User must check its current label and the scope of its authorization in the country of use.
5. Weather values suggested for a treatment come from an external forecasting service and are indicative only. The Spray records should contain the conditions actually present at the time of the treatment.
6. Maps come from external services based on OpenStreetMap data and are for illustration only. The area calculated from a drawn boundary is an estimate and is not an official measurement.
7. In Farms located in Poland, the App also offers features based on Polish public registers and services. They are described in the Polish version of the Terms.

9. Availability of the Service, updates and conformity

1. The Provider makes every effort to keep the Service available at all times but reserves the right to technical breaks, in particular for maintenance, updates or fixing failures. The Provider announces planned breaks that significantly affect the use of the Service in advance where possible.
2. The Provider supplies the updates necessary to keep the App in conformity with the contract, including security updates, for the term of the contract. Updates are made available through the store from which the App was downloaded.
3. The Provider is liable to Consumers for any lack of conformity of digital content or a digital service with the contract under the mandatory consumer law that applies to them. Nothing in these Terms limits those rights.
4. The Provider may make functional changes to the App. A change that significantly limits existing functionality is treated as a change to the Terms and follows the procedure in section 17.

10. Fees

1. Use of the App is currently free of charge. In the future, the Provider plans to introduce a subscription fee of approximately USD 30 per year per Farm.
2. The Provider does not sell Users’ data or share it with third parties for marketing. Personal data is processed only to provide the Service and for the purposes described in the Privacy policy.
3. Introducing a fee requires a change to the Terms under section 17. Features the User uses free of charge at the time of the change will not become paid without their express consent, and the User will keep access to the data entered and the ability to export it.

11. Termination and deletion of the Account

1. The User may terminate the contract at any time, without giving reasons and at no cost, by deleting the Account in the App or by sending a request to contact@agronotes.app. Details are on the account deletion page.
2. The Provider may terminate the contract with 14 days’ notice only for good cause, namely: a serious breach of the Terms by the User, use of the App in a way that threatens its security or continuity, or a legal obligation on the Provider that prevents it from continuing to provide the Service.
3. If unlawful content is placed in the App, or in the event of actions that directly threaten the security of other Users’ data, the Provider may block access to the Account with immediate effect, stating the reason and how to appeal.
4. Before the Provider terminates the contract, the User is given the opportunity to export their Content, unless a legal obligation prevents it.
5. The rules for deleting data after termination are set out in the Privacy policy.
6. If the Provider decides to discontinue the Service permanently, it will inform Users by email and in the App at least 90 days in advance and will enable them to export their Content, including the Spray records, during that time.

12. Right of withdrawal

1. A Consumer may withdraw from the contract for the Service within 14 days of its conclusion, without giving reasons and at no cost.
2. To exercise this right, it is enough to send a statement to contact@agronotes.app. The model form at the end of these Terms may be used but is not mandatory.
3. The Service starts immediately after the Account is created, at the User’s express request. Because the Service is currently free of charge, withdrawal does not involve any payment for the service supplied up to the time of withdrawal.
4. Withdrawal from the contract is treated as a request to delete the Account and results in the deletion of data as described in the Privacy policy.
5. Regardless of the right of withdrawal, the User may terminate the contract at any time under section 11(1).

13. Complaints

1. Complaints about the App or the Service may be sent to contact@agronotes.app or in writing to the Provider’s address.
2. A complaint should include contact details, the email address linked to the Account, a description of the problem and how the User would like it resolved.
3. The Provider handles a complaint within 14 days of receiving it and sends the reply on a durable medium, in particular by email.
4. A Consumer may use out-of-court complaint and redress procedures available in their country of residence, for example consumer protection bodies. Consumers in the European Union may also seek help from the European Consumer Centres Network (ECC-Net) in cross-border matters. Using these procedures is voluntary and requires the consent of both parties.

14. Liability

1. The Provider is liable for non-performance or improper performance of the contract in accordance with the law. Towards Consumers, the Provider’s liability is not limited to the extent mandatory law does not permit such a limitation.
2. The Provider is not liable for the consequences of the User entering incorrect or incomplete data, for the content and consequences of decisions made on that basis, or for the User’s failure to comply with obligations under the rules on plant protection products.
3. The Provider is not liable for unavailability, delays or incorrect data originating from the external services described in section 8, nor for the operation of telecommunications networks, the device’s operating system or the app store.
4. Towards a User who is not a Consumer, the Provider’s liability is limited to actual damage and does not cover lost profits. This limitation does not apply to damage caused intentionally.
5. Nothing in these Terms excludes or limits liability for damage caused intentionally or for personal injury.

15. Personal data

1. The rules for processing personal data are set out in the App privacy policy.
2. The Provider is the controller of Account data and technical data, and a processor of the personal data contained in the Content entered by the User. The rules of that processing are set out in the Data processing agreement.
3. To diagnose failures, the App sends a crash report to the provider named in the Privacy policy: App version, system, device model, stack trace, IP address, error message and a masked session recording. The scope and retention period of these reports are set out in the Privacy policy.
4. An encrypted backup of the database and note photos is kept for 30 days and then deleted. Deleting an account does not immediately erase data that has already been copied into this backup. The archive is stored on Google Drive. Its password is not shared with Google.

16. Reporting illegal content and point of contact

1. The Provider’s point of contact for matters relating to Regulation (EU) 2022/2065 (the Digital Services Act) is contact@agronotes.app. Communication is possible in Polish and English.
2. How to report content considered illegal, how reports are handled and how to appeal a decision are described on a separate page.

17. Changes to the Terms

1. The Provider may change the Terms only for good cause, namely: a change in the law or its interpretation, a court ruling or authority decision affecting the Terms, a change in the scope or manner of providing the Service, a change in the Provider’s details, a change of suppliers needed to provide the Service, or the need to prevent abuse.
2. The Provider announces a change by email and in the App at least 14 days before it takes effect, indicating what has changed.
3. A User who does not accept the change may terminate the contract with immediate effect before the change takes effect. Not terminating within that period means accepting the new wording.
4. If a change significantly and negatively affects access to or use of the Service, a Consumer may terminate the contract free of charge within 30 days of being informed of the change or of the date it takes effect, whichever is later. This does not limit the right under point 3.
5. Purely editorial changes and changes in the User’s favour may take effect on the day they are published.
6. The Provider keeps previous versions of the Terms and makes them available on request sent to the contact address.

18. Final provisions

1. Matters not governed by these Terms are governed by Polish law. This choice of law does not deprive a Consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.
2. Disputes with a Consumer are resolved by the court with jurisdiction under the applicable law, and a Consumer may always bring proceedings in the courts of their country of residence where the law so provides. Disputes with a User who is not a Consumer are resolved by the court with jurisdiction over the Provider’s registered place of business.
3. If any provision of the Terms is found invalid or ineffective, the remaining provisions remain in force.
4. The Terms are drawn up in English, and this English version is binding.

Annex: model withdrawal form

Using this form is optional. A clear statement sent to contact@agronotes.app is enough.

To: Krzysztof Kołecki, ul. Oskara Kolberga 18C/31, 81-881 Sopot, Poland, contact@agronotes.app

I/We hereby give notice that I/we withdraw from my/our contract for the supply of the Agro Notes service.

Date the contract was concluded (account registration): ……………………

Name of consumer(s): ……………………

Email address linked to the account: ……………………

Address of consumer(s): ……………………

Date: ……………………

Signature (only if this form is sent on paper): ……………………