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.

If you are a Customer click here

If you are a User click here

And our Privacy Policy is here

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:

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:

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:

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:

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:

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:

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:

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?

We will collect and process the following data about you:

Why do we collect this information?

We process your personal information for the following reasons:

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.

How long do we keep hold of your information?

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:

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

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:

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 20 Jerusalem Passage, London, EC1V 4JP, UK OR DPCM@fieldmargin.com. You have the right:

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:

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

Cookie name Type Purpose Expires
JSESSIONID_ Strictly necessary Session Identifier for Log in Never
WEB_SESSION_UUID Analytical Session activity tracking Never
XSRF_TOKEN Strictly necessary Prevents Cross-site request forgery Never

Third Party Cookies:

Cookie name Type Purpose Expires
Google Analytics Analytical Collects information about how visitors use the Websites, which website the user came from, the number of each user's visits and how long a user stays on the Websites 2 years
Facebook Analytical Enable visitors to share website pages and content through third party social networking and other websites. The companies that serve these cookies may also use visitors information to serve targeted advertising on other websites. 2 years

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 20 Jerusalem Passage, London, EC1V 4JP, UK or DPCM@fieldmargin.com.