Terms of Use [DE]
1. Introduction
Welcome to Cultiwise, a web-based precision agriculture platform provided by Skymaps s.r.o. (“Skymaps”, “we”, or “us”). By accessing or using Cultiwise (the “Service”), you agree to be bound by these Terms of Use as well as our Privacy Policy. If you do not agree with these terms, you must not use the Service. We reserve the right to update or modify these Terms of Use from time to time and will post any changes on our website. Continued use of the Service after changes are posted constitutes your acceptance of the revised terms.
2. User Accounts and Responsibilities
- Account Registration: You may need to create an account to use Cultiwise. You agree to provide accurate, current, and complete information during registration and to keep your login credentials secure. You are responsible for all activities that occur under your account.
- User Obligations: You agree to use Cultiwise only for lawful agricultural data analysis purposes. You must comply with all applicable laws and regulations when using the Service. This includes, for example, adhering to local regulations on drone flights, pesticide or fertilizer usage, application doses, timing, and any other agronomic practices. You are solely responsible for obtaining any permits or approvals required for your agricultural activities. Skymaps assumes no liability for any actions you take using information from Cultiwise or for your failure to follow legal requirements.
- Proper Use: You agree not to misuse the Service. This means you will not attempt to interfere with the Service’s operation or security, and you will not upload any content that is unlawful, harmful, or infringing on others’ rights. If you upload field data, imagery, or other content, you must have the rights or permission to do so and such uploads must not violate any third-party intellectual property or privacy rights.
3. User Content and Data License
- Cultiwise allows you to upload or input agricultural data such as drone images, satellite imagery, soil sample data, yield maps, as-applied application maps, field boundaries, crop information (e.g. crop type, seeding date, yield), and other agronomic data (“User Content”). You retain ownership of all User Content that you upload to the Service. However, by using Cultiwise and uploading User Content, you grant Skymaps a non-exclusive, worldwide, royalty-free license to store, process, and use your content for the following purposes:
- Providing the Service: We will process your data to generate maps, analytics, and other insights for your use.
Service Improvement (Machine Learning): You agree that Skymaps may use your uploaded agronomic data to improve our algorithms and services, for example by training and refining our machine learning models. When doing so, we will not focus on your personal identity or specific farm; instead, data may be aggregated or anonymized such that it is generalized and cannot be readily linked back to you or your business. This helps ensure your data is securely stored and used to make our neural networks smarter for the benefit of all users. - Usage Limitations: We will not use your personal identifying information (like your name or contact details) for machine learning or any purpose outside providing and improving the Service. We will also not sell your personal data to third parties or use your farm data to enable third parties to target or price products to you.
By submitting User Content, you also represent and warrant that you have the necessary rights and permissions to grant the above license to Skymaps. This license survives termination of your account only for the duration necessary for us to maintain and improve the Service, or as required by law. If you delete content or terminate your account, we will cease any further active use of your personal User Content for these purposes, subject to the Privacy Policy.
4. Intellectual Property Rights
All rights, title, and interest in and to the Cultiwise platform, including the software, algorithms, designs, user interface, features, and all content provided by Skymaps through the Service (except for your own User Content) are the exclusive property of Skymaps s.r.o. or its licensors. Skymaps retains all intellectual property rights in the Service. You are granted a limited, revocable, non-exclusive, non-transferable license to use Cultiwise and its outputs for your internal business or personal farm management purposes only. You may not copy, distribute, modify, reverse-engineer, or create derivative works from any part of the Service or its content without our prior written consent. All trademarks, logos, and service marks displayed in Cultiwise are the property of Skymaps or other third parties; you are not granted any license or right to use them.
5. Disclaimers (No Professional Advice)
Cultiwise provides analytical information and insights for informational purposes only. All maps, indices, crop health analysis, yield estimations, and other outputs from the Service are not intended to be agronomic advice, professional recommendations, or instructions on which actions to take. Skymaps is not advising on specific agronomic decisions such as what products to apply, application rates, or exact farming practices. While we aim for accuracy, we do not guarantee any specific results or outcomes in your fields. Any decisions you make based on the information from Cultiwise are made at your own risk and discretion. You acknowledge that field conditions are complex and multifactorial, and Cultiwise’s outputs should be supplemented with professional judgment and compliance with product labels and agronomist recommendations where appropriate. Always verify any critical information (for example, by consulting official guidelines or a certified agronomist) before acting. Skymaps does not guarantee that use of the Service will lead to particular yield improvements, cost savings, or other agricultural benefits.
6. Limitation of Liability
Use Cultiwise at your own risk. To the fullest extent permitted by law, Skymaps and its affiliates, officers, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of (or inability to use) the Service. This includes, without limitation, any loss of crop yield or quality, loss of data, loss of profits, crop damage, personal injury, environmental damage, or legal penalties incurred due to actions you take based on Cultiwise’s information. The Service and all information are provided “as is” and “as available” without any warranty of any kind, either express or implied. We expressly disclaim any warranties of accuracy, reliability, completeness, merchantability, or fitness for a particular purpose. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.
Skymaps shall not be responsible for any acts or omissions of users, or for any damages resulting from the actions of users. In jurisdictions that do not allow the exclusion or limitation of certain damages or warranties, our liability will be limited to the minimum extent permitted by law. Nothing in these terms limits liability for gross negligence, intentional misconduct, or other liabilities that cannot be limited by law.
7. Indemnification
You agree to indemnify and hold harmless Skymaps s.r.o. and its affiliates and agents from any claims, losses, liabilities, demands, or expenses (including reasonable attorneys’ fees) made by any third party due to or arising out of: (a) your breach of these Terms of Use; (b) your violation of any law or regulation (including agricultural and drone flight regulations) in connection with your use of Cultiwise; or (c) your User Content or your agronomic decisions and actions. This means that if a third party (for example, a government agency or a neighbor) brings a claim against us related to your use of the Service, you will reimburse us for any costs or damages we incur. We will promptly notify you of any such claim and cooperate in the defense, but we reserve the right to assume exclusive defense and control of any matter subject to indemnification by you.
8. Pricing, Subscription, and Product Changes
We reserve the right to modify our pricing, introduce new subscription plans or products, or discontinue or change existing ones at any time. These changes may affect access to certain features or services. Any updates to pricing or subscription structure will be communicated through the platform or via email where applicable. Continued use of the Service after such updates constitutes your acceptance of the changes.
9. Suspension and Termination
We reserve the right to suspend or terminate your access to Cultiwise at any time, with or without notice, if we reasonably believe that you have violated these Terms of Use, violated applicable laws, or if your use of the Service poses a security or legal risk to us or others. You may terminate your use at any time by discontinuing access and (if applicable) requesting deletion of your account. Upon termination, the rights and licenses granted to you will end. Any provisions of these Terms which by their nature should survive termination (such as disclaimers of liability, indemnification, and governing law) shall survive. If your account is terminated, we will handle your data in accordance with our Privacy Policy and applicable law (for example, we may retain certain information if required for legal compliance or protect our legal interests).
9. Governing Law and Dispute Resolution
These Terms of Use are governed by the laws of the Czech Republic, without regard to its conflict of law principles, and subject to any applicable EU regulations. If you are accessing the Service from outside the Czech republic, you are responsible for compliance with local laws, but these Terms still apply to your use. Any dispute or claim arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of the Czech republic, unless applicable law in your country of residence requires otherwise. We also reserve the right to seek injunctive relief in any jurisdiction as necessary to protect our interests.
10. No Agronomic Partnership
Your use of Cultiwise does not create any joint venture, partnership, employer-employee, or agency relationship between you and Skymaps. You are an independent user of the platform. You are solely responsible for your agricultural operations and decisions. Skymaps is not responsible for overseeing or verifying your field activities and does not assume any duty to ensure that you follow agronomic best practices or legal requirements.
11. Contact Information (Terms of Use)
If you have any questions or concerns about these Terms of Use, you can contact us at support@cultiwise.com or via our support page. We value our users and aim to address inquiries promptly.