Terms and Conditions

THESE TERMS & CONDITIONS (“Agreement” or “Terms”) GOVERN YOUR ACQUISITION AND USE OF H2O GEOMATIC’S SERVICES. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

H2O Geomatics reserves the right to change these Terms or any Services at any time, effective upon the posting of modified Terms or Services on the Website, and H2O Geomatics will make every effort to communicate these changes to You via the Website. It is likely that the Terms will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent Terms available on the Website.

This Agreement was last updated on March 2019. It replaces any prior agreement(s) and is effective between You and H2O Geomatics as of the date of You signing up for the Services.

Definitions:

“Agreement” or “Terms”
means these H2O Geomatics Terms and Conditions.

“Access Fee”
means the monthly or annual fee (excluding any taxes and duties) and any applicable one-time-service fees payable by You in accordance with the fee schedule set out on the Website and as agreed to in Your Order Form for the Services.

“Billing Contact”
means Your nominated contact entity and address for billing purposes.

“Confidential Information”
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Services, but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.

“Data”
means any data inputted by You or with Your authority into the Website.

“Intellectual Property Right”
means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

“Invited User”
means any person or entity, other than the Subscriber, that uses the Services with the authorization of the Subscriber from time to time.

“Services”
means the online farm monitoring platform that is owned by H2O Geomatics.

“Subscriber”
means the person who registers to use the Services and, where the context permits, includes any entity on whose behalf that person registers to use the Services and is permitted to do so under this Agreement. This can also be known as the “Account Owner”.

“H2O Geomatics”
means H2O Geomatics Inc. which is registered in Canada.

“Website”
means the Internet site at the domain www.h2ogeomatics.com or any other site operated by H2O Geomatics.

“You”
means the Subscriber, and where the context permits, an Invited User. “Your” has a corresponding meaning.

“Order Form”
Means the subscription check out page where the Unleashed services and renewal period is selected.

“Renewal period”
Means a term at which the services will be automatically billed on, this will either be Monthly or Annual term and may differ for each Unleashed Service. Any reference to “includes” or “including” is on a without limitation basis.


Intellectual Property and Imagery Usage Restrictions:
All of the written content, logo, processed satellite imagery and selection tools were created by H2O Geomatics and as such are the intellectual property of H2O Geomatics. The written content, logo, processed satellite imagery and selection tools are all protected by copyright laws. Processed satellite imagery that the user gains access to through this service cannot be shared with anyone who is not an employee of the user.

Termination Clause:
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by H2O Geomatics. By way of example, and not as a limitation. you agree not to use the Services:

1. To monitor property that does not belong to the User, or the Users organization, without getting permission from the property owner directly.
2. For any purpose that is not permitted under the laws of the jurisdiction where you use the Services.
3. To distribute processed satellite imagery obtained through this service with anyone other than an employee of the user.

Our Obligations:

Image Accuracy:
Our Products are obtained by processing Sentinel 2 satellite imagery. Our analysis of the imagery is based on the following well-known algorithms: NDVI, MSAVI, NDWI. There have been many scientific research papers that have shown NDVI to correlate with crop health, MSAVI to correlate with soil nutrient levels and NDWI to correlate with the wetness of the soil. In addition to running the algorithms, we filter values in order to better show variations in a given farm field. Although we have conducted heavy research into the methods that we use, we take no responsibility for the accuracy of the data as it is possible that variations outside of our control could affect the accuracy. We take no responsibility for any negative consequences that may occur from the use of our data and it is up to the User to verify the accuracy. We recommend verifying the data first by physically inspecting parts of your field to confirm the data that you are receiving from our Service.

Image Delivery Time Period:
We will update the User’s imagery weekly, but there can be variations in what days the imagery is received on. Our system begins downloading new imagery every Saturday but depending on a variety of factors the delivery of new imagery could take up to 3 days. It is important to note that since we use optical satellite imagery it is possible that all given imagery in a week will be obscured by cloud cover and thus no useful data can be extracted from such imagery. We are not responsible for ensuring cloudless data.

Governing Law:
The laws of Ontario, Canada govern the interpretations of these Terms and Conditions. The parties agree that the federal and provincial courts located in Waterloo, Ontario, Canada will have exclusive jurisdiction for any dispute arising under, out of, or relating to these Terms and Conditions. Mediation will be held in Waterloo, Ontario, Canada.

Links to Other Websites:
H2O Geomatics is not responsible for any third party websites that may be linked to, from nxtfarm.com or nxt.farm. The User is responsible for reading and agreeing with any Terms and Conditions, or Privacy Policies that govern the use of third-party websites and services.

Confidentiality and Privacy:
H2O Geomatics values the privacy of all users of their platform. We do collect all information that is submitted through nxtfarm.com or nxt.farm, but we do not disclose your personal information to anyone not employed by H2O Geomatics. We may use meta/statistical data that is obtained from your account for marketing purposes and that information may be made public. Information that has been submitted on nxtfarm.com or nxt.farm belongs completely to H2O Geomatics and the Company.

Limitation of Liability:
To the maximum extent permitted by law, H2O Geomatics excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Services or Website.