1. The Services. Dbuntu helps companies or individuals in Africa run their farm operations in a productive manner by providing technology to capture and aggregate the data necessary to create a smarter and safer food supply The Services will provide reports and analytics for the User’s farm. To fully utilize the Services, registration is required, and Users must select the level of Services they wish to use and agree to pay the corresponding fees for that level of Service (the “Registration Order”). Users may register themselves by providing basic information about themselves or their farming company, including name, user name, password, email, mobile number, and crop information such as nature of crop, variety, number acres of land, practices followed during farming, fertilizer and pesticides applied on the crop, and harvest information. After registration, the system sends an email to the User to activate a login. After the login has been activated, Users can login to the Services using their credentials. Users are responsible for protecting their account credentials and may not share such their account’s password or otherwise allow any other individual to access such account. Dbuntu may terminate or suspend any User’s access to the Services if Dbuntu reasonably believes that such User is using the Services in violation of the terms and conditions in this Agreement.
2. License. Subject to User’s compliance with the terms and conditions of this Agreement (including any limitations and restrictions set forth on the Services and/or during the registration process), Dbuntu grants User a limited, non-exclusive, non-sublicensable, non-transferable license during the Term (as defined below) to access and use the Services, solely for the internal agricultural purposes of User and only as provided herein. User has no right to receive, use or examine any source code or design documentation relating to the Services.
3. Restrictions. Except as expressly set forth in this Agreement, User shall not (and shall not permit any third party to), directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services (except to the extent applicable laws specifically prohibit such restriction); (ii) modify, translate, or create derivative works based on the Services or any data or analyses presented by the Services; (iii) download, copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any data or analyses presented by the Services; (iv) use the Services for the benefit of a third party; (v) remove or otherwise alter any proprietary notices or labels from the Services or any portion thereof; or (vi) use the Services to build an application or product that is competitive with any Dbuntu product or service.
4. User Obligations. User agrees to ensure that each User comply with the terms and restrictions of this Agreement. User is responsible for all of User’s and Users’ activity in connection with the Services, and for any breach of obligations in this Agreement by User or a User.
User shall use the Services in compliance with all applicable local, state, national and foreign laws, treaties and regulations in connection with User’s use of the Services (including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws).
User shall not use the Services in a manner that violates any third party intellectual property, contractual or other proprietary rights.
User shall not interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.
User shall not bypass any measures Dbuntu may use to prevent or restrict access to the Services (or other accounts, computer systems, or networks connected to the Services).
User shall not cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Services. Any such use of the Services will only be allowed with the prior express written permission of Dbuntu. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the is expressly prohibited.
User agrees not to access (or attempt to access) the Services by any means other than through the interface provided by the Website or Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Services, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website or Application will lead to suspension or termination of the User’s access to the Services.
In places where the Services permit the User to post or upload data or information, the User undertakes to ensure that such material is not offensive or objectionable and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable or offensive may be removed from the Services immediately and without notice, and further that the User’s access to the Services may also be permanently revoked, at the sole discretion of Dbuntu.
The User further agrees not to:
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
Engage in any activity that interferes with or disrupts access to the Services provided therein (or the servers and networks which are connected to the Services);
Impersonate any person or entity, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
Post any content that infringes the copyright, patent or trademark of another person or legal entity;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Services;
Download any file posted or uploaded by another user of the Services that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
Probe, scan or test the vulnerability of the Website or Application or any network connected to the Services, nor breach the security or authentication measures on the Website or Application or any network connected to the Website/Application. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Services, or any other customer of the Services, including any user account maintained on the Services not operated or managed by the User, or exploit the Services or information made available or offered by or through the Services, in any manner;
Disrupt or interfere with the security of, or otherwise cause harm to, the Services, systems resources, accounts, passwords, servers or networks connected to or accessible through the Services or any affiliated or linked website or applications;
Collect or store data about other users of the Services.
Use the Services or any material or content therein for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website/Application or any other third party(ies);
Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered through the Services;
Violate any applicable laws, rules or regulations currently in force within or outside Uganda or the United States;
Violate any portion of this Agreement, including but not limited to any applicable additional terms of the Website, Application, or Services contained herein or elsewhere, whether made by amendment, modification, or otherwise;
Publish, post, or disseminate information that is false, inaccurate or misleading;
Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider (“ISP“) or in any manner disrupts the services of any other supplier or service provider of the Services or Dbuntu;
Transmit any chain letters or unsolicited commercial or junk email or messages to other users via the Services or through any other internet-based platform infringing the reputation of the company or its products. It shall be a violation of this Agreement to use any information obtained from the Services to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Services without the express prior written consent of Dbuntu.
The User expressly understands and agrees the following.
The User hereby expressly authorizes Dbuntu to disclose any and all information relating to the User in the possession of Dbuntu to law enforcement or other government officials, as Dbuntu may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft and infringement of intellectual property. The User further understands that Dbuntu might be directed to disclose any information (including the identity of persons providing information or materials on the Services) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
The User expressly agrees and acknowledges that Dbuntu has no obligation to monitor the materials posted on the Services, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this Agreement. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Services by him/her. In no event shall Dbuntu assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Services. The User hereby represents and warrants that the User has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libelous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Services.
5. Ownership; Feedback. As between the parties, Dbuntu and its licensors retain all right, title, and interest in and to the Services, all copies, modifications and derivative works thereof, and all software, data, products, works, analyses and other intellectual property and moral rights related thereto or created, used, or provided by Dbuntu for the purposes of this Agreement. No rights or licenses are granted except as expressly and unambiguously set forth in this Agreement. User or a User may from time to time provide suggestions, comments or other feedback to Dbuntu with respect to the Services (“Feedback”). User shall, and hereby does, assign to Dbuntu all right, title and interest (including all related intellectual property and other proprietary rights) in and to the Feedback.
6. Term; Fees and Payment. The downloading and use of the Services by the User and browsing the Website is free of cost. The User is only required to pay for the level of Services purchased from the Website or mobile application according to the Registration Order. However, Dbuntu reserves the right to amend this no-fee policy and charge the User for any or all services offered or rendered on a going forward basis. In such an event, the User will be advised of the change when the User attempts to access the Services, and the User shall have the option of declining to use the Services. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise. Any amounts payable hereunder are exclusive of, and User shall be responsible for, all sales taxes, value added taxes, duties, use taxes, withholdings and other governmental assessments, excluding taxes based on the net income of Dbuntu.
After the User has selected level of Services he or she wishes to avail in the Registration Order, the User will be asked for contact information, as well as payment related information. You will be required to send money to us and may be required to receive money from us. To process such financial transactions, we may use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP’s terms and conditions, these Agreements shall prevail.
The following modes of payment are accepted:
- Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card;
- Visa Debit cards; and
- Direct Debit payments from select banks.
- Mobile Money payments
- PesaPal Payments
- PayPal Payments
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. To place a valid order, the User is required to complete the transaction, including making payment for the product/services opted for. Once the payment transaction has been successfully completed, the User’s order will be processed on receipt of the funds from the User’s bank or credit card Partnership. It is at this stage that the User’s order is successfully placed. Thereafter, the Services purchased by the User will be activated based on successful completion of verification of information furnished by the User. The User is hereby expressly made aware that his or her card statements will reflect that a payment has been made in favor of Dbunty Data, Inc. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and Dbuntu has no control over the same.
7. Security. Transactions on the Website and Application are secure and protected. Any information entered by the User when transacting on the Website or Application is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by Dbuntu in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
8. Termination. This Agreement may be terminated by Dbuntu (i) upon 30 days prior written notice in the event of a material breach of a material provision of this Agreement by User which is not cured within such period. Upon any termination or expiration of this Agreement, all licenses granted hereunder shall terminate and User shall immediately cease use of the Services and all charts, data, or other documents or materials generated or otherwise derived from use of the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership and payment provisions, warranty disclaimers, and limitations of liability.
9. Support. Provided that User is in compliance with the terms and conditions of this Agreement and has paid the applicable Fees, Dbuntu will use commercially reasonable efforts to respond to support requests from User.
10. Analytics. Dbuntu may collect information from Users through the Services, such as through User accounts and activity on the Services (“Analytics”). User acknowledges and agrees that Dbuntu may (i) internally use Analytics for Dbuntu’s business purposes, (ii) generate Aggregated Anonymous Data, and (iii) freely use and make available Aggregated Anonymous Data for Dbuntu’s business purposes. “Aggregated Anonymous Data” means data submitted to, collected by, or generated by Dbuntu in connection with User’s use of the Services, but only in aggregate, anonymized form which cannot be linked specifically to User.
12. Disclaimer. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
The Services use third-party data sources, including data from other Users, to provide value-add services such as information on milk prices within cities, regions, countries, and other specific areas, for which Dbuntu does not guarantee the accuracy and authenticity.
The Services publishes its own reports based on data input by Users, including reports on revenues, expenses, production, medical records, financial records, animal records, and other similar User input records, which may include trends and corresponding suggestions and recommendations, [which can be used by Users and farmers. Dbuntu does not guarantee the accuracy and authenticity of such User data inputs, and Dbuntu shall not be responsible or liable for any negative impact on their farms for using this information. The User hereby expressly accepts any and all associated risks associated with taking such advice.
The Website/Application and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s property (including any data), or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Services.
Dbuntu does not guarantee that the Services will be uninterrupted or error-free, or that the Website or Application or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Services.
It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Agreement.
13. Limitation of Liability. IN NO EVENT SHALL DBUNTU, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE FEES PAID OR PAYABLE HEREUNDER DURING THE PREVIOUS TWELVE (12) MONTHS.
14. User Content. Any data, comments, ideas, suggestions, or any other content contributed by the User to Dbuntu or the Services will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Dbuntu to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that the User owns or otherwise controls all of the rights to the content contributed to the Services, and that use of such content by Dbuntu does not infringe upon or violate the rights of any third party. In the event of any action initiated against Dbuntu by any such affected third party, the User hereby expressly agrees to indemnify and hold Dbuntu harmless for its use of any such information provided to it by the User. Dbuntu reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
15. Miscellaneous. This Agreement represents the entire agreement between User and Dbuntu with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic), letters of intent or discussions, between User and Dbuntu with respect thereto and all past dealing or industry custom. Neither party will make public announcements or issue press releases relating to this Agreement or the terms hereof without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. Notices under this Agreement shall be sufficient only if in writing and personally delivered, delivered by a major commercial rapid delivery courier service or mailed by certified or registered mail, return receipt requested to a party at the address first set forth herein or as amended by notice pursuant to this sentence. If either party is unable to perform any of its obligations under this Agreement, other than payment obligations, due to any cause beyond the reasonable control of such party, the affected party’s performance shall be extended for the period of its inability to perform due to such occurrence. The Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, USA, excluding its conflicts of law rules, and the parties consent to exclusive jurisdiction and venue in the state and federal courts located in San Antonio, Texas, USA. This Agreement may be amended or any provision waived only by a writing executed by both parties. User may not assign any of its rights or obligations hereunder without Dbuntu’s consent. Any assignment in violation of the foregoing is void and without effect. In the case of any permitted assignment or transfer of or under this Agreement, this Agreement or the relevant provisions shall be binding upon, and inure to the benefit of, the successors and permitted assigns of the parties hereto. Dbuntu may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. The failure of either party to act with respect to a breach of this Agreement by the other party shall not constitute a waiver and shall not limit such party’s rights with respect to such breach or any subsequent breaches. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
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