LEGAL

Welcome to Fieldmargin's (Field Margin Ltd.) legal pages. These apply to you if you use our products. The Privacy Policy will always apply to you. You are also either a Customer or a User. A Customer is the person or business that creates a farm and manages who has access to it. A User is someone invited to a farm created by a Customer. You can be a Customer on a farm you created and also a User on a different farm that someone has given you access to.

Please then read the terms below that apply to you.

CUSTOMER TERMS OF USE

1.1 These terms and conditions (which we will call the "Customer Terms of Use"), in addition to our Privacy Policy, and any other documents referred to in these terms (which, together, form the "Fieldmargin Terms"), govern your use of the App and the Website (which, together, we shall call the "Fieldmargin Platforms"), and constitute a legally binding contract between us and you.

1.2 You should read, and make sure that you understand, these all of the Fieldmargin Terms before downloading, installing, or accessing (i.e. "using") any of the Fieldmargin Platforms. If you do not agree with any of the Fieldmargin Terms, you cannot use any of the Fieldmargin Platforms, and by using any Fieldmargin Platform you are deemed to agree to the Fieldmargin Terms.

Terms of Use last updated: 3 May 2019

2. CUSTOMERS AND AUTHORISED USERS

2.1. The parties using the Fieldmargin Platforms are separated into Customers and Authorised Users. These Customer Terms of Use relate to Customers. Customers are the party who have full use of the Fieldmargin Platforms and are able to grant any number of Authorised Users access to the Fieldmargin Platforms. Authorised Users who are granted access by the Customer will have access to the Fieldmargin Platforms as specified by the Customer and will have to agree to a separate User Terms of Use.

3. OUR GUIDE TO UNDERSTANDING THESE TERMS OF USE

3.1. To protect Fieldmargin and to provide you with all the information that we think you should be given before using any of the Fieldmargin Platforms, these Customer Terms of Use cover a number of things, including:

• (a) who can use the Fieldmargin Platforms;

• (b) what you can and cannot do with the Fieldmargin Platforms;

• (c) how we might change these Customer Terms of Use, or the Fieldmargin Platforms;

• (d) under what circumstances we can stop you from using the Fieldmargin Platforms;

• (e) the extent to which we will be liable for any losses you suffer in connection with the Fieldmargin Platforms (see paragraph 17 in particular); and

• (f) what you can do if you have any complaints or want to contact us.

3.2. We have tried to keep these Customer Terms of Use as user-friendly as possible, and one way we have done so is to shorten them and make them consistent throughout by using defined terms. The most important defined terms that you will see in these Customer Terms of Use are:

• (a) "Customer", "you" and "your", which refers to the company that you represent, or the individual agreeing to these Customer Terms of Use should they not represent a company;

• (b) "us", "our" and "we", which refers to Field Margin Limited, a company incorporated in England & Wales (registration number 08062259 ), of 6 Ritherdon Road, London, SW17 8QD, with trading address: work.life, 20 Jerusalem Passage, London, EC1V 4JP;

• (c) "Customer Terms of Use", means the terms and conditions in this document, which specifically govern your use of the Fieldmargin Platforms;

• (d) "Fieldmargin Terms" means all of the terms and conditions which apply each time you use any of the Fieldmargin Platforms, including these Customer Terms of Use, any Order Form, our Privacy Policy, and any other terms and conditions referred to therein;

• (e) "use" and "using" means doing any of the following in relation to any of the Fieldmargin Platforms: downloading, installing, using, or accessing;

• (f) "App", which means the Fieldmargin mobile application from time to time available for download from the Appstores, and including the user guide and any other documents we provide which support or relate to your use of the App;

• (g) "Website", means the website available at the fieldmargin.com domain (https://fieldmargin.com/), and/or any other website made available by Fieldmargin, and any online portal on which these Customer Terms of Use are incorporated;

• (h) "Fieldmargin Platforms", which means the App and the Website together and any other premium features and services offered;

• (i) "Appstores" means, as you would expect, those services which allow mobile device users to download mobile applications, including the App, such as the "Apple App Store" and "Google Play";

• (j) "Order Form", a form entered into between Fieldmargin and the Customer outlining services to be provided in the Fieldmargin Platforms;

• (k) "User Terms of Use", mean, the terms of use as agreed between us and an Authorised User; and

• (l) "Authorised user", means any User of the App who is granted access to the Fieldmargin Platform by you as the Customer.

4. WHAT DO THE TERMS OF USE APPLY TO?

4.1. The Fieldmargin Terms, including these Customer Terms of Use, constitute a legally-binding contract between you and us, governing your use of the Fieldmargin Platforms. The latest Fieldmargin Terms will apply every time you use any of the Fieldmargin Platforms, and you and we agree to be bound by them on each such occasion.

4.2. You should also note that the Appstores may require you to agree to further terms and conditions in order to use or update the App (together, the "Appstore Terms"). For example, the "Apple App Store" requires us to include certain terms in these Customer Terms of Use, which we have added at the bottom of them. We will try to update these Customer Terms of Use to reflect any changes to the requirements of the Appstore Terms, but in any event you are deemed to agree to comply with any Appstore Terms which apply from time to time by using the Fieldmargin platforms, as applicable.

5. WHAT DOES OUR APP DO?

5.1. The App and the Website are primarily designed to provide an easy-to-use, visual record of your farm, upon which you can overlay a variety of useful data, and which you can access while either out in the fields or back at the farmhouse, home, or office. The Fieldmargin Platforms allow you to draw maps, make notes, communicate between and leave messages for your team, and more, with (and in relation to some of our services, even without) an internet connection.

5.2. The Fieldmargin Platforms may also display products and/or services from third-party suppliers which you may be interested in, and allow you to click-through to that supplier's own website or mobile application to view products and place orders. It is important that you recognise that any such third party will probably require you to agree to its separate terms and conditions to both use their website or mobile application, and to place any order for their products and/or services. Fieldmargin will not be a party to any such terms and conditions, and cannot intervene in your relationship with the relevant third party.

5.3. We are committed to maintaining a free-to-use version of the Fieldmargin Platforms, but we now also offer additional paid-for features. Depending on whether you choose to sign-up for those additional features, you (or someone that you work with) may have to agree to another set of terms and conditions in order to have access to certain features which are not available to others users (or, conversely, they may have access to features which you do not).

6. WHO CAN USE THE FIELDMARGIN PLATFORMS?

6.1. You must be aged 18 or over use any of the Fieldmargin Platforms.

6.2. If you are a business using any of the Fieldmargin Platforms across multiple devices or users on your farm, in addition to each user individually agreeing to the User Terms of Use, you represent and warrant that each such use and user complies with the Fieldmargin Terms.

6.3. You will inform the Authorised Users of all Fieldmargin Terms and practices that are relevant to their use of the Fieldmargin Platforms and of any settings that may impact the processing of personal data and ensure that the transfer and processing of any personal data under the Fieldmargin Terms is lawful.

6.4. We strive to make the App available on as many platforms as reasonably possible, but you remain solely responsible for ensuring that your device, operating system, and internet connection are sufficient to use any of the Fieldmargin Platforms, and that you and any Authorised User are permitted to use any such Fieldmargin Platform in whichever territory you are seeking to use it in.

7. CHANGES TO THESE TERMS OF USE

7.1. We keep the Customer Terms of Use under regular review and may change or update them from time to time to reflect changes in law or best practice, or to deal with changes or additional features which we introduce to the Fieldmargin Platforms. If we decide to do this and we believe that our amendments will adversely affect you, and where we are able, we will give you at least 30 days' notice of any such changes (we will notify you through the App or on the Website).

7.2. Any changes to these Customer Terms of Use will apply from and including the "Last Updated" date at the top of these Customer Terms of Use, even if you and any Authorised User had used any of the Platforms before that date.

7.3. If you do not accept any changes that we make to any of the Fieldmargin Terms, you and any Authorised User cannot continue to use the App, and must immediately delete it from your and any Authorised User's device, or the Website.

8. CHANGES TO THE APP

From time to time, updates to the App may be issued through the Appstores. Depending on the update, you and any Authorised User may not be able to fully use the App until you and any Authorised User have downloaded the latest version of the App and accepted any amendments to the Fieldmargin Terms.

9. USE OF YOUR INFORMATION DATA

9.1. In order to use the Fieldmargin Platforms, you will have to provide and we will have to collect some of your and any Authorised User's personal data. This is to be expected – the Fieldmargin Platforms are designed to work for each individual farmer, and to do so they need some information about him or her (for example, the location of the farm). However, we will only collect and use your and any Authorised User's personal data in accordance with the terms of our Privacy Policy.

9.2. We must remind you that, although we make every effort to ensure the security of the App, the Website, and our servers, internet transmissions are never completely private or secure, and any information you and any Authorised User send using the Fieldmargin Platforms may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. We do not take responsibility for and cannot be held liable for any such compromise of your information.

10. LINKS TO THIRD-PARTY CONTENT IN THE FIELDMARGIN PLATFORMS

The Fieldmargin Platforms may contain links to third-party websites and applications, including for example third party suppliers whose products and/or services are displayed on the Fieldmargin Platforms, and/or embedded, frame, or otherwise present third-party content, such as map services and weather information in your locality ("Third-Party Content"). We have no control over ThirdParty Content, and we are not responsible for and do not endorse it – you and any Authorised User access and use such Third-Party Content entirely at your own risk. You should be aware that the relevant third party may require you to agree to its own terms and conditions to use such Third-Party Content, and other terms will apply (to which we are not a party and have no responsibility) if you choose to purchase any products and/or services from a third party.

11. WHAT CAN YOU DO WITH THE FIELDMARGIN PLATFORMS?

In return for you agreeing to be bound by the Fieldmargin Terms and subject to your continued compliance with the Fieldmargin Terms, we hereby grant to you a non-transferable, non-exclusive, non-sublicencable, revocable licence to use the App (and any updates to the App that we provide to you, including through the Appstores) and the Website on compatible devices owned or controlled by you for the purpose of using the Fieldmargin Platforms as contemplated by these Customer Terms of Use. You will also be able to authorise the use of the Services that you have purchased to Authorised Users so that those Authorised Users are able to use and have the benefit of functionality that you have added as a part of your own usage of Fieldmargin. You will also be able to allow them to use any third party integrations that we have incorporated into your usage (which may be subject to third party terms and conditions, and which, should you agree to those terms and conditions, you shall procure the agreement of any other Authorised Users that you wish to share that benefit with). You will also be able to manage their permissions, export settings, and to transfer or assign data to other Users or to you. You can also use the Website to find out more information about Fieldmargin and the App.

12. WHAT CAN'T YOU DO WITH THE FIELDMARGIN PLATFORMS?

You and any Authorised User cannot use any of the Fieldmargin Platforms other than in the ways, and for the purposes, which we expressly allow you to (as explained in the "What can you do with the Fieldmargin Platforms?" section 11 above), or as is allowed by law. This means that, in particular, that unless permitted by law you and any Authorised User cannot:

• (a) copy any of the Fieldmargin Platforms, except to the extent such copying is incidental to normal use of the Fieldmargin Platforms;

• (b) rent, lease, sub-license, loan, or otherwise dispose of the App, or any part of it, or any device on which it is installed (if you do dispose of the relevant device, you must delete the App first), although this does not prevent more than one person within your business from using any of the Fieldmargin Platforms (as set out in these Customer Terms of Use);

• (c) translate, merge, adapt, vary or modify any of the Fieldmargin Platforms or any part of them;

• (d) disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of any of the Fieldmargin Platforms or attempt to do any such thing;

• (e) remove any copyright notice on the Fieldmargin Platforms;

• (f) provide or otherwise make available the App in whole or in part (including object and source code), in any form, to any person;

• (g) use the Fieldmargin Platforms in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Fieldmargin Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into any of the Fieldmargin Platforms;

• (h) infringe our intellectual property rights or those of any third party through your and any Authorised User's use of the Fieldmargin Platforms;

• (i) transmit any material that is defamatory, offensive, or otherwise objectionable via or in connection with your and any Authorised User's use of the Fieldmargin Platforms;

• (j) use the Fieldmargin Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

• (k) disclose to any third party, who is not an Authorised User, or allow any third party to discover any access code, password or pin that you use to use any of the Fieldmargin Platforms, and you must notify us immediately upon becoming aware of any such security breach or unauthorised use (you are responsible for any actions via the Fieldmargin Platforms effected through your access code, password, pin, device, or internet connection);

• (l) collect or harvest any information or data from any of the Fieldmargin Platforms, or our systems, or attempt to decipher any transmissions to or from the servers running any service via the Fieldmargin Platforms; or

• (m) provide false details to us.

13. PURCHASING DECISIONS

13.1. We may share information about our future product plans. Our public statements about those product plans are an expression of intent, but do not rely on them when making a purchase. If you decide to buy a Fieldmargin Platforms service, that decision should be based on the functionality or features we have made available today and not on the delivery of any future functionality or features.

14. PAYMENT OBLIGATIONS

14.1. For Customers that purchase the Fieldmargin Platforms, fees are specified within the Order Form and must be paid in advance. Payment obligations are non-cancellable and, except as expressly stated in the Fieldmargin Terms fees are non-refundable. For clarity, in the event you downgrade any subscription from a paid subscription to a free subscription you will remain responsible for any for any unpaid fees under the paid subscription.

14.2. Customers will have a fourteen (14) day free trial period starting from, and including, the date specified on the Order Form. Should you wish to cancel your paid subscription within the fourteen (14) day free trial period you will incur no fees.

14.3. If we agree to invoice you, full payment must be received within thirty (30) days from the date of the invoice.

14.4. All amounts payable by you under the Fieldmargin Terms are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Fieldmargin Terms by us to you, you shall, on receipt of a valid VAT invoice from us, pay us such additional amounts in respect of VAT as are chargeable on the supply of the Fieldmargin Platforms at the same time payment is due for the supply of the Fieldmargin Platforms.

14.5. If any fees owed to us by you are thirty (30) days or more overdue, we may, without limiting our other rights and remedies, downgrade any fee-based Fieldmargin Platforms to free plans until those amounts are paid in full, so long as we have given you ten (10) or more days' prior notice that its account is overdue. You acknowledge and agree that a downgrade will result in a decrease in certain features and functionality and potential loss of access to your data held on the Fieldmargin Platforms.

15. INTELLECTUAL PROPERTY RIGHTS

15.1. These Customer Terms of Use, specifically at clause 11, mean that we are licensing you the ability to use our intellectual property (and the intellectual property that we, in turn, licence from others) contained in the Fieldmargin Platforms. Intellectual property includes, but is not limited to, things like copyright in the software and appearance of the App and the Website, confidential information and trade secrets, our trade names and logos, and any patent protection covering the App or the Website.

15.2. None of the Fieldmargin Platforms are sold to you and you will not receive any ownership rights of any intellectual property rights contained within. You acknowledge that all intellectual property rights in the Fieldmargin Platforms belong to us (or our relevant licensor), and that you have no rights in, or to, the Fieldmargin Platforms other than the right to use them in accordance with these Customer Terms of Use.

15.3. If you upload to any of the Platforms or send us any content (for example, this includes, but is not limited to, any images you upload to your profile, any messages you leave for yourself or other users, any data about your farm or farming activities, and any images, maps, or plans of your farm) ("Your Content"), you hereby grant to us a royalty–free, worldwide, perpetual, irrevocable, nonexclusive licence to use such content in connection with the provision of our services (including the Fieldmargin Platforms). You represent and warrant that you have the necessary rights and authority to grant us such a licence and that our use of Your Content shall not breach and laws or infringe the rights of any third party.

15.4. If you send us any feedback in the relation to the Fieldmargin Platforms (which we will gratefully receive!), you hereby grant to us a royalty–free, worldwide, perpetual, irrevocable licence to use such feedback for such purposes as we see fit from time to time, including without limitation, to create new or enhance existing products or services offered by us, or to pass on to third parties for their use. We shall not be required to compensate you financially or otherwise for your feedback or the results of your feedback.

15.5. Clauses 15.2 to 15.5 shall survive the termination or expiry of the Fieldmargin Terms.

16. INDEMNITY

16.1. You agree to indemnify us, and our officers, employees, agents, and any of our other personnel, against any damages, losses, and reasonable professional costs and expenses, incurred or suffered as a result of your and your Authorised User's use of any of the Fieldmargin Platforms other than in accordance with the Fieldmargin Terms, and/or your and your Authorised User's breach of clause 15.3.

16.2. This clause 16 shall survive the termination or expiry of the Fieldmargin Terms.

17. DISCLAIMER AND LIMITATION OF LIABILITY

17.1. The Fieldmargin Platforms are licensed to you "as is" and "as available" for the general purpose for which they were designed and licenced (i.e. without consideration for your particular intended use, of which Fieldmargin is not aware). As such and to the maximum extent permitted by law, the Fieldmargin Platforms are licensed without any representation, warranty or undertaking of any kind (whether express or implied), including but not limited to any assurances as to the availability, performance, accuracy, security or completeness of any of the Fieldmargin Platforms. We do not warrant, represent or undertake that use and availability of the Fieldmargin Platforms will be uninterrupted or error-free. If this exclusion is not permitted by mandatory law, the applicability of any implied assurance shall be limited to the greatest extent permitted by mandatory law.

17.2. We are not responsible for loss or damage you suffer as a result of decisions you make on the basis of information (including any Third-Party Content) displayed on the Fieldmargin Platforms, or any contract you enter into with any third party on or via any of the Fieldmargin Platforms.

17.3. We have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, loss or damage to data, damage caused by computer virus or malicious code, reputational damage, or any secondary, special, consequential or indirect loss.

17.4. Where it cannot be excluded, our maximum aggregate liability under or in connection with the Fieldmargin Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to five hundred pounds sterling (GBP £500). Notwithstanding the clauses above, nothing in the Fieldmargin Terms shall limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by law.

17.5. This clause 17 shall survive the termination or expiry of the Fieldmargin Terms.

18. ENDING YOUR USE OF THE FIELDMARGIN PLATFORMS AND THESE TERMS OF USE

18.1. A free subscription continues until terminated, while a paid subscription has a term that may expire or be terminated as stated within 18.2 below.

18.2. Unless an Order Form says something different all subscriptions automatically renew (without the need to execute a renewal order form) on each anniversary for additional periods equal to one (1) month or the preceding term, whichever is shorter. The price during any automatic renewal term will remain the same as it was during the immediately prior term. Either party can give the other notice of non-renewal at least one (1) day before the end of a subscription term to stop the subscriptions from automatically renewing.

18.3. You may terminate your free subscriptions immediately without cause.

18.4. We may, without liability to us (without restricting any rights you or we have accrued up to that point), restrict or prevent your or any Authorised User's access to the Fieldmargin Platforms, or any of them, with or without notice to you, and/or terminate the agreement between us (i.e. the Fieldmargin Terms, including these Terms of Use) if: (a) we discover that you or any Authorised User is under the age of 18; (b) we stop providing the App or the Fieldmargin website for whatever reason; (c) we decide to do so, at our absolute discretion; or (d) you or any Authorised User otherwise breach the Fieldmargin Terms.

18.5. You may, without restricting any rights you or we have accrued up to that point, stop using any of the Fieldmargin Platforms and/or notify us that you are terminating the Fieldmargin Terms at that point.

18.6. If you or any Authorised User breach any of these Customer Terms of Use, the licence at clause 15.1 shall terminate automatically and you shall no longer be able to use any of the Fieldmargin Platforms.

18.7. If we notify you that we have prevented your or any Authorised User's access to any of the Fieldmargin Platforms and terminated these Customer Terms of Use, you and any Authorised User must immediately cease using the Fieldmargin Platforms and delete any copies of the App from your and any Authorised User's device(s).

18.8. Upon termination you will pay any unpaid fees covering the remainder of the term of those subscriptions after the termination date. In no event will any termination relieve you of your obligation to pay any fees to us for the period prior to the termination date.

19. COMPLAINTS AND COMMUNICATIONS BETWEEN US

19.1. If you wish to contact us, please feel free get in touch via any of the methods listed on our Website. We will get back to you as soon as we can.

19.2. If we wish to contact you (including to provide any notice of a change to the Fieldmargin Terms, Fieldmargin Platforms, or your access rights), we will do so by e-mail to any address you provide to us, or via the App itself.

19.3. If you wish to make a complaint about any of the Fieldmargin Platforms, we would love you to get in touch with us first so that we can try and resolve the issue. However, if we are unable to find a resolution, you could consider "alternative dispute resolution" (which is a form of structured resolution of a complaint other than through the courts). You can find more information about the European Commission's Online Dispute Resolution platform is available at http://ec.europa.eu/odr.

20. WE ARE NOT LIABLE FOR EVENTS OUTSIDE OF OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Fieldmargin Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks. If such an event outside our control occurs, our obligations under the Fieldmargin Terms will be suspended and the time for performance of our obligations will be extended for the duration of the relevant event.

21. CONFIDENTIALITY

21.1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 21.2.

21.2. Each party may disclose the other party's confidential information: (a) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Fieldmargin Terms. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with the clause 20; and (b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

21.3. Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Fieldmargin Terms.

22. OTHER IMPORTANT TERMS

22.1. We may, without notice to you and without your consent, assign or otherwise transfer our rights (or any of them) under the Fieldmargin Terms to another person or organisation. You also hereby agree that we may similarly assign or otherwise transfer our obligations (or any of them) under the Fieldmargin Terms, without further notice to you, and you agree, upon demand, to enter into any such contract or do any such thing (at our cost) as may be necessary to confirm this. However, you must obtain our prior written consent to assign or otherwise transfer any of your rights or obligations under the Fieldmargin Terms.

22.2. If we do not insist upon or enforce, or if we delay in any such insistence or enforcement, your performance of any of your obligations under the Fieldmargin Terms, that will not mean that we have no future intention to do so or that we have waived our rights against you, and neither will it mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

22.3. Each of the terms of the Fieldmargin Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, such terms shall be amended to least extent possible and reflective of the parties' original intention, and the remaining conditions will remain in full force and effect.

22.4. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and the parties shall submit to the exclusive jurisdiction of the English courts.

APPSTORE TERMS

1. These Terms of Use are concluded between you and Fieldmargin, and not with Apple Inc ("Apple"). The App and its contents are the responsibility of Fieldmargin, our licensors, and the users of the App (to the extent that such users create, submit or distribute any content via the App) and not Apple.

2. The licence to use the App granted under these Terms of Use is a nontransferable license for you to use the App on an Apple branded product that you own or control in accordance with the usage rules set forth in the "Apple App Store Terms of Service", except that the App may be accessed, acquired, and used by other accounts associated with you via any family sharing or volume purchasing arrangements with Apple.

3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Apple has no obligation to offer maintenance or support services in connection with the App.

4. Apple provides no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any applicable warranty set out in these Terms of Use will be solely our responsibility.

5. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

6. In the event of any third party claim that the App or your possession or use of the App infringes that third party's intellectual property rights, Fieldmargin and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8. You must comply with any third party terms that are applicable to the use of the App from time to time.

9. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.

USER TERMS OF USE

1.1 These terms and conditions (which we will call the "User Terms of Use"), in addition to our Privacy Policy, and any other documents referred to in these terms (which, together, form the "Fieldmargin Terms"), govern your use of the App and the Website (which, together, we shall call the "Fieldmargin Platforms"), and constitute a legally binding contract between us and you.

1.2 You should read, and make sure that you understand all of the Fieldmargin Terms before downloading, installing, or accessing (i.e. "using") any of the Fieldmargin Platforms. If you do not agree with any of the Fieldmargin Terms, you cannot use any of the Fieldmargin Platforms, and by using any Fieldmargin Platform you are deemed to agree to the Fieldmargin Terms.

User Terms of Use last updated: 3 May 2019

2. CUSTOMERS AND AUTHORISED USERS

2.1. The parties using the Fieldmargin Platforms are separated into Customers and Authorised Users. These User Terms of Use relate to Authorised Users. Customers are the party who have full use of the Fieldmargin Platforms and are able to grant any number of Authorised Users access to the Fieldmargin Platforms. Authorised Users who are granted access by the Customer will have access to the Fieldmargin Platforms as specified by the Customer. Customers have to agree to a separate Customer Terms of Use.

3. OUR GUIDE TO UNDERSTANDING THESE USER TERMS OF USE

3.1. To protect Fieldmargin and to provide you with all the information that we think you should be given before using any of the Fieldmargin Platforms, these User Terms of Use cover a number of things, including:

• (a) who can use the Fieldmargin Platforms;

• (b) what you can and cannot do with the Fieldmargin Platforms;

• (c) how we might change these User Terms of Use, or the Fieldmargin Platforms;

• (d) under what circumstances we can stop you from using the Fieldmargin Platforms;

• (e) the extent to which we will be liable for any losses you suffer in connection with the Fieldmargin Platforms (see paragraph 12 in particular); and

• (f) what you can do if you have any complaints or want to contact us.

3.2. We have tried to keep these User Terms of Use as user-friendly as possible, and one way we have done so is to shorten them and make them consistent throughout by using defined terms. The most important defined terms that you will see in these User Terms of Use are:

• (a) "you" and "your", which refers to you as an authorised user of the Fieldmargin Platform, as authorised by the Customer;

• (b) "us", "our" and "we", which refers to Field Margin Limited, a company incorporated in England & Wales (registration number 08062259 ), of 6 Ritherdon Road, London, SW17 8QD, with trading address: work.life, 20 Jerusalem Passage, London, EC1V 4JP;

• (c) "User Terms of Use", means the terms and conditions in this document, which specifically govern your use of the Fieldmargin Platforms;

• (d) "Fieldmargin Terms" means all of the terms and conditions which apply each time you use any of the Fieldmargin Platforms, including these User Terms of Use, our Privacy Policy, and any other terms and conditions referred to therein;

• (e) "use" and "using" means doing any of the following in relation to any of the Fieldmargin Platforms: downloading, installing, using, or accessing;

• (f) "App", which means the Fieldmargin mobile application from time to time available for download from the Appstores, and including the user guide and any other documents we provide which support or relate to your use of the App;

• (g) "Website", means the website available at the fieldmargin.com domain (https://fieldmargin.com/), and/or any other website made available by Fieldmargin, and any online portal on which these User Terms of Use are incorporated;

• (h) "Fieldmargin Platforms", which means the App and the Website together;

• (i) "Appstores" means, as you would expect, those services which allow mobile device users to download mobile applications, including the App, such as the "Apple App Store" and "Google Play"; and

• (j) "Customer", means an organisation or third party who has invited you to use the Fieldmargin Platform.

4. WHAT DO THE USER TERMS OF USE APPLY TO?

4.1. The Fieldmargin Terms, including these User Terms of Use, constitute a legally-binding contract between you and us, governing your use of the Fieldmargin Platforms. The latest Fieldmargin Terms will apply every time you use any of the Fieldmargin Platforms, and you and we agree to be bound by them on each such occasion.

4.2. You should also note that the Appstores may require you to agree to further terms and conditions in order to use or update the App (together, the "Appstore Terms"). For example, the "Apple App Store" requires us to include certain terms in these User Terms of Use, which we have added at the bottom of them. We will try to update these User Terms of Use to reflect any changes to the requirements of the Appstore Terms, but in any event you are deemed to agree to comply with any Appstore Terms which apply from time to time by using the Fieldmargin platforms, as applicable.

5. WHAT DOES THE APP DO?

5.1. The App and the Website are primarily designed to provide an easy-to-use, visual record of your farm, which you can access while either out in the fields or back at the farmhouse, home, or office. The Fieldmargin Platforms allow you to draw maps, make notes, leave messages for your team, and more, with or without an internet connection.

6. WHO CAN USE THE FIELDMARGIN PLATFORMS?

6.1. You must be aged 18 or over use any of the Fieldmargin Platforms.

7. CHANGES TO THESE USER TERMS OF USE

7.1. We keep the User Terms of Use under regular review and may change or update them from time to time to reflect changes in law or best practice, or to deal with changes or additional features which we introduce to the Fieldmargin Platforms. If we decide to do this and we believe that our amendments will adversely affect you, and where we are able, we will give you at least 30 days' notice of any such changes (we will notify you through the App or on the Website).

7.2. Any changes to these User Terms of Use will apply from and including the "Last Updated" date at the top of these User Terms of Use, even if you had used any of the Fieldmargin Platforms before that date.

7.3. If you do not accept any changes that we make to any of the Fieldmargin Terms, you cannot continue to use the App, and must immediately delete it from your device, or the Website.

8. CHANGES TO THE APP

From time to time, updates to the App may be issued through the Appstores. Depending on the update, you may not be able to fully use the App until you have downloaded the latest version of the App and accepted any amendments to the Fieldmargin Terms.

9. USE OF YOUR INFORMATION DATA

9.1. In order to use the Fieldmargin Platforms, you will have to provide and we will have to collect some of your personal data. This is to be expected – the Fieldmargin Platforms are designed to work for each individual farmer, and to do so they need some information about him or her (for example, the location of the farm). However, we will only collect and use your personal data in accordance with the terms of our Privacy Policy.

9.2. We must remind you that, although we make every effort to ensure the security of the App, the Website, and our servers, internet transmissions are never completely private or secure, and any information you send using the Fieldmargin Platforms may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. We do not take responsibility for and cannot be held liable for any such compromise of your information.

10. WHAT CAN YOU DO WITH THE FIELDMARGIN PLATFORMS?

In return for you agreeing to be bound by the Fieldmargin Terms and subject to your continued compliance with the Fieldmargin Terms, you can use the Fieldmargin Platforms as authorised by the Customer pursuant to the Customer Terms of Use which the Customer will have separately agreed to or entered into a written agreement with us. Our agreement with the Customer contains our commitment to deliver services to the Customer, who may then provide you with access to the functionality that they have purchased. When you submit content or information to the Fieldmargin, such as messages or files ("Customer Data"), you acknowledge and agree that the Customer Data is owned by Customer who is also responsible for it. You can also use the Website to find out more information about Fieldmargin and the App.

11. WHAT CAN'T YOU DO WITH THE FIELDMARGIN PLATFORMS?

You cannot use any of the Fieldmargin Platforms other than in the ways, and for the purposes, which we expressly allow you to (as explained in the "What can you do with the Fieldmargin Platforms?" clause 10 above), or as is allowed by law. This means that, in particular, that unless permitted by law you cannot:

• (a) copy any of the Fieldmargin Platforms, except to the extent such copying is incidental to normal use of the Fieldmargin Platforms;

• (b) rent, lease, sub-license, loan, or otherwise dispose of the App, or any part of it, or any device on which it is installed (if you do dispose of the relevant device, you must delete the App first), although this does not prevent more than one person within your business from using any of the Fieldmargin Platforms (as set out in these User Terms of Use);

• (c) translate, merge, adapt, vary or modify any of the Fieldmargin Platforms or any part of them;

• (d) disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of any of the Fieldmargin Platforms or attempt to do any such thing;

• (e) remove any copyright notice on the Fieldmargin Platforms;

• (f) provide or otherwise make available the App in whole or in part (including object and source code), in any form, to any person;

• (g) use the Fieldmargin Platforms in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Fieldmargin Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into any of the Fieldmargin Platforms;

• (h) infringe our intellectual property rights or those of any third party through your use of the Fieldmargin Platforms;

• (i) transmit any material that is defamatory, offensive, or otherwise objectionable via or in connection with your use of the Fieldmargin Platforms;

• (j) use the Fieldmargin Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

• (k) disclose to any third party or allow any third party to discover any access code, password or pin that you use to use any of the Fieldmargin Platforms, and you must notify us immediately upon becoming aware of any such security breach or unauthorised use (you are responsible for any actions via the Fieldmargin Platforms effected through your access code, password, pin, device, or internet connection);

• (l) collect or harvest any information or data from any of the Fieldmargin Platforms, or our systems, or attempt to decipher any transmissions to or from the servers running any service via the Fieldmargin Platforms; or

• (m) provide false details to us.

12. DISCLAIMER AND LIMITATION OF LIABILITY

12.1. We are not responsible for loss or damage you suffer as a result of decisions you make on the basis of information (including any Third-Party Content) displayed on the Fieldmargin Platforms, or any contract you enter into with any third party on or via any of the Fieldmargin Platforms.

12.2. We have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, loss or damage to data, damage caused by computer virus or malicious code, reputational damage, or any secondary, special, consequential or indirect loss.

12.3. Where it cannot be excluded, our maximum aggregate liability under or in connection with the Fieldmargin Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to five hundred pounds sterling (GBP £500). Notwithstanding the clauses above, nothing in the Fieldmargin Terms shall limit or exclude our liability for:

• (a) death or personal injury resulting from our negligence;

• (b) fraud or fraudulent misrepresentation; or

• (c) any other liability that cannot be excluded or limited by law.

12.4. This clause 12 shall survive the termination or expiry of the Fieldmargin Terms.

13. COMPLAINTS AND COMMUNICATIONS BETWEEN US

13.1. If you wish to contact us, please feel free get in touch via any of the methods listed on our Website. We will get back to you as soon as we can.

13.2. If we wish to contact you (including to provide any notice of a change to the Fieldmargin Terms, Fieldmargin Platforms, or your access rights), we will do so by e-mail to any address you provide to us, or via the App itself.

13.3. If you wish to make a complaint about any of the Fieldmargin Platforms, we would love you to get in touch with us first so that we can try and resolve the issue. However, if we are unable to find a resolution, you could consider "alternative dispute resolution" (which is a form of structured resolution of a complaint other than through the courts). You can find more information about the European Commission's Online Dispute Resolution platform is available at http://ec.europa.eu/odr.

14. WE ARE NOT LIABLE FOR EVENTS OUTSIDE OF OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Fieldmargin Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks. If such an event outside our control occurs, our obligations under the Fieldmargin Terms will be suspended and the time for performance of our obligations will be extended for the duration of the relevant event.

15. OTHER IMPORTANT TERMS

15.1. We may, without notice to you and without your consent, assign or otherwise transfer our rights (or any of them) under the Fieldmargin Terms to another person or organisation. You also hereby agree that we may similarly assign or otherwise transfer our obligations (or any of them) under the Fieldmargin Terms, without further notice to you, and you agree, upon demand, to enter into any such contract or do any such thing (at our cost) as may be necessary to confirm this. However, you must obtain our prior written consent to assign or otherwise transfer any of your rights or obligations under the Fieldmargin Terms.

15.2. If we do not insist upon or enforce, or if we delay in any such insistence or enforcement, your performance of any of your obligations under the Fieldmargin Terms, that will not mean that we have no future intention to do so or that we have waived our rights against you, and neither will it mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.3. Each of the terms of the Fieldmargin Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, such terms shall be amended to least extent possible and reflective of the parties' original intention, and the remaining conditions will remain in full force and effect.

15.4. These User Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and the parties shall submit to the exclusive jurisdiction of the English courts.

APPSTORE TERMS

1. These Terms of Use are concluded between you and Fieldmargin, and not with Apple Inc ("Apple"). The App and its contents are the responsibility of Fieldmargin, our licensors, and the users of the App (to the extent that such users create, submit or distribute any content via the App) and not Apple.

2. The licence to use the App granted under these Terms of Use is a non-transferable license for you to use the App on an Applebranded product that you own or control in accordance with the usage rules set forth in the "Apple App Store Terms of Service", except that the App may be accessed, acquired, and used by other accounts associated with you via any family sharing or volume purchasing arrangements with Apple.

3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Apple has no obligation to offer maintenance or support services in connection with the App.

4. Apple provides no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any applicable warranty set out in these Terms of Use will be solely our responsibility.

5. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

6. In the event of any third party claim that the App or your possession or use of the App infringes that third party's intellectual property rights, Fieldmargin and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8. You must comply with any third party terms that are applicable to the use of the App from time to time.

9. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.

PRIVACY POLICY

We are Field Margin Ltd ("Fieldmargin, We, Us, Our"). We are committed to protecting and respecting your privacy and we always have been. This policy sets out the basis on which any personal data we collect will be processed by us. Please read this privacy policy carefully to understand our views and practices and your rights regarding your personal data. By visiting https://www.fieldmargin.com (our site), or using our App Fieldmargin ("our app") your personal information will be processed as described in this policy.

Read more

For the purpose of data protection legislation, the controller of any personal data is Field Margin Ltd of Work.Life / Verizon, 20 Jerusalem Passage London EC1V 4JP.

Our Data Protection Compliance Manager ("DPCM") is Thomas Hughes. If you have any queries, complaints or requests please contact our DPCM at DPCM@fieldmargin.com.

• What information do we collect from you?

• Why do we collect this information?

• How long do we keep hold of your information?

• Who might we share your information with?

• How is your data stored and kept secure?

• What are your rights?

• Changes to this Policy

• Cookies

• Contact Us

What information do we collect from you?

We will collect and process the following data about you:

• Information you give us. This is information about you that you give us by filling in forms on our site, our app or by corresponding with us by phone, email or otherwise. The information you give us may include your name, address, email address, phone number, photographs, location information and financial information.

• Information we collect from your use of our site and app. With regard to each of your visits to our site or our app we will automatically collect the following information:

  • technical information, such as the Internet protocol (IP) address used to connect your device to the Internet, whereabouts you connected to our service and what type of device you are using to access our service;

  • location data, where you consent to this data being collected.

• Information we collect throughout our relationship. This is information relating to or through your use of our app or our site including photographs, location data (where we have your consent), messages sent through the App or Website, contacts in your device (where we have your consent).

• Information we collect when you call us. If you call us we will automatically collect the following information:

  • the phone number used to call us

  • in some circumstances, a note of inbound and outbound calls.

• Providing us with your details online. This is information you may choose to provide us with using the https://notes.fieldmargin.com/register page on our site, or in our app. It includes your name, telephone number, email address and preferences for receiving emails from us. Please let us know if any of this information changes so we can keep our records up to date.

Why do we collect this information?

We process your personal information for the following reasons:

• Pursuant to a contract in order to:

  • process information at your request to take steps to enter into a contract;

  • provide you with our products and services;

  • process payments;

  • maintain business and service continuity;

  • send service communications so that you receive a full and functional service and so we can perform our obligations to you. These may be sent by email or as in App notifications. These will include notifications about changes to our service.

• On the basis of your consent:

  • Where we rely on your consent for processing this will be brought to your attention when the information is collected from you;

  • We rely on your consent to collect your location data, and to access your contacts should you wish to add these to your farm. Where we required your consent a pop up will appear to request your consent to gather the personal data or access your phonebook. We also rely on your consent to integrate your use of the App or Site with a third party. You can withdraw your consent at any time.

  • We will only contact you with direct marketing communications if you consent to us doing so and you have the right to withdraw consent at any time. See the What are your rights? section below for more information.

• In our legitimate interests of providing the best service and improving and growing our business we will process information in order to:

  • provide you with a personalised service;

  • improve our products and services;

  • keep our site and app systems safe and secure;

  • understand our customer base

  • defend against or exercise legal claims and investigate complaints; and

  • understand the effectiveness of our marketing.

We will carry out analytics to improve our site, our app and our services as set out above.

You have the right to object to processing carried out for our legitimate interests. See the What are your rights? section below for more information.

• To comply with legal requirements relating to:

  • the provision of products and services;

  • data protection;

  • health and safety;

  • anti-money laundering;

  • fraud investigations;

  • assisting law enforcement; and

  • any other legal obligations placed on us from time to time.

How long do we keep hold of your information?

• We will keep information about you for a maximum of 6 years after the end of our relationship with you unless obligations to our regulators require otherwise or we are required remove such data from our records.

• Should you require any further information or have any further queries regarding the retention of your personal data, please contact us at DCPM@fieldmargin.com. We will respond to your request within one month.

Who might we share your information with?

For the purposes set out in the 'Why do we collect this information?' section above, we will share your personal information with:

• the following categories of third parties, some of whom we appoint to provide services, including:

  • business partners, subsidiaries, suppliers and sub-contractors for the performance of any contract we enter into with you;

  • analytics and search engine providers that assist us in the improvement and optimisation of our site and app;

  • third party services that you choose to integrate into your use of the App or Site;

  • customer survey providers in order to receive feedback and improve our services.

• Any member of our group, which means our subsidiaries.

Additionally, we will disclose your personal information to the relevant third party:

• In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.

• If we are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.

• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of our customers, our regulator, or others.

How is your data stored and kept secure?

At Fieldmargin, we take your safety and security very seriously and we are committed to protecting your personal and financial information. All information kept by us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our service, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

We may transfer your data outside the European Economic Area ("EEA"). We will only do so if adequate protection measures are in place in compliance with data protection legislation. We use the following protection measures:

• transferring to Commission approved countries;

• using Commission approved model contractual clauses; or

• requiring companies we transfer data to in US to be signed up to certification e.g. Privacy Shield for US.

Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. More information is available by contacting us.

What are your rights?

Where processing of your personal data is based on consent, you can withdraw that consent at any time.

You have the following rights. You can exercise these rights at any time by contacting us at 6 Ritherdon Road, London, SW17 8QD, UK OR DPCM@fieldmargin.com. You have the right:

• to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes;

• to ask us not to process your personal data where it is processed on the basis of legitimate interests provided that there are no compelling reasons for that processing;

• to ask us not to process your personal data for scientific or historical research purposes, where relevant, unless the processing is necessary in the public interest.

• to request from us access to personal information held about you;

• to ask for the information we hold about you to be rectified if it is inaccurate or incomplete;

• to ask for data to be erased provided that the personal data is no longer necessary for the purposes for which it was collected, you withdraw consent (if the legal basis for processing is consent), you exercise your right to object, set out below, and there are no overriding legitimate ground for processing, the data is unlawfully processed, the data needs to be erased to comply with a legal obligation or the data is children's data and was collected in relation to an offer of information society services;

• to ask for the processing of that information to be restricted if the accuracy of that data is contested, the processing is unlawful, the personal data is no longer necessary for the purposes for which it was collected or you exercise your right to object (pending verification of whether there are legitimate grounds for processing);

• to ask for data portability if the processing is carried out by automated means and the legal basis for processing is consent or contract.

Should you have any issues, concerns or problems in relation to your data, or wish to notify us of data which is inaccurate, please let us know by contacting us using the contact details above.

In the event that you are not satisfied with our processing of your personal data, you have the right to lodge a complaint with the relevant supervisory authority, which is the Information Commissioner's Office (ICO) in the UK, at any time. The ICO's contact details are available here: https://ico.org.uk/concerns/.

Changes to our privacy policy

This policy may be updated from time to time. Please check back frequently to see any updates or changes to our privacy policy.

Cookies

We use cookies and similar technology to distinguish you from other users of our site. This helps us to provide you with a good experience when you use our site and also allows us to improve our site.

We use the following cookies for the following purposes:

• Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.

• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

• Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you and remember your preferences.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Third Party Cookies:

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Contact us

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to 6 Ritherdon Road, London, SW17 8QD, UK or DPCM@fieldmargin.com.