Terms of use
1. Scope
1.1 Agreena operates the Platform. The Platform offers Users a space to document and plan regenerative agriculture practices, access specialized content, and engage with a community of fellow farmers.
1.2 Users may be eligible to receive compensation for documenting their implementation of regenerative agricultural practices and other related climate protection measures through our Platform. The ability to receive compensation is not covered under these Terms.
1.3 These Terms outline how Users may interact with and utilise the Platform.
1.4 For the purpose of these Terms, the following definitions apply:
- "Agreena" means Agreena ApS, a company registered in Denmark under CVR number 39467275, with a registered address at Langebrogade 3F, 3. DK-1411 København K, Denmark.
- "User" means any individual or legal entity that registers for the Platform.
- "Platform" means the proprietary digital solution made available by Agreena, including web-based tools, software, features and functionalities provided through it.
- "Terms" means these Terms of Use, including any updates or amendments made from time to time.
2. Amendments to the Terms
2.1 Agreena may amend these Terms at any time. Material changes will become effective 14 days after the updated Terms are made available on the Platform and Users are notified through their registered email or a prominent notice on the Platform.
2.2 Amendments may be made for reasons including, but not limited to:
- Enhancements to Platform functionality and services;
- The introduction of new services;
- Changes to applicable laws and/or regulatory requirements;
- Improved data protection and privacy practices;
- Compliance with legal or court orders or government authority requirements;
- Addressing misuse, fraud or security concerns.
2.3 In exceptional cases, Agreena may implement amendments with immediate effect, particularly where required to:
- Comply with legal obligations
- Respond to urgent security or operational risks
2.4. Users who do not agree to the amended Terms may terminate their use of the Platform with immediate effect. Continued use of the Platform following the effective date of an amendment constitutes acceptance of the revised Terms.
3. Access to and Use of the Platform
3.1 The User is responsible for ensuring they have compatible devices, a stable internet connection, and any required software to access and use the Platform.
3.2 Agreena reserves the right to modify, suspend or discontinue access to the Platform (in whole or in part) at any time, including for maintenance, updates, or security reasons.
3.3 Agreena does not guarantee uninterrupted or error-free access and shall not be liable for any limitations arising from the User's hardware, software or connectivity.
3.4 By accessing the Platform, the User confirms that they are of legal age and have authority to enter into binding agreements.
3.5 Agreena reserves the right to deny, suspend or revoke access to any User in the event of breach of the Terms or misuse of the Platform.
3.6 To maintain communication security, Agreena implements technical and organisational measures tailored to the level of security risk associated with the Platform.
3.7 Upon request, Agreena will provide Users with information in their preferred format regarding specific risks linked to using electronically delivered services.
3.8 The User must keep their login credentials, including their password, secure and must not share them with unauthorised parties.
3.9 The User is responsible for ensuring that only they or authorised individuals access the Platform and use its services. If the User suspects that unauthorised parties have accessed or might access their credentials, they must notify us without delay.
3.10 The User bears responsibility for all actions and activities conducted using their login credentials, as governed by applicable laws.
4. Farm set-up
4.1 Once registered and to obtain optimal use of the Platform, Users may set up their farm.
4.2 Users can set up their farm uploading publicly or privately available files illustrating farm ownership and field boundaries, manually drawing field boundaries or using Agreena's field boundary detection service.
4.3 Users must ensure that they have the ownership or legal right to operate the farm they set up and upload any related data.
4.4 Agreena makes no guarantees as to the accuracy, completeness or correctness of any services or insights provided though the use of the Platform.
5. Platform features
5.1 The Platform offers tools, services, articles and a farmer community to facilitate knowledge sharing. Features that require payment are clearly marked. Certain features might require Users to enter into separate terms and conditions.
5.2 Agreena reserves the right to modify, add or discontinue features and content that is free of charge at any time without prior notice.
5.3 Select features, including setting up a farm and obtaining the ability to receive compensation from the User's farming practices require information to be complete and accurate. This will be clearly marked on the Platform.
5.4 Insights obtained though the use of the Platform are for informational purpose and should not be relied upon for substitute agronomic advice.
6. Intellectual property
6.1 Subject to compliance with these Terms, the User is granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platforms and any insights, reports, or data outputs generated through the use of the Platform for their own internal needs. No rights are granted to the user other than those expressly stated in these Terms. The User may not reproduce, distribute, modify, commercialize or create derivative works from the Platform and its outputs without Agreena's prior consent.
6.2 Unless explicitly stated otherwise, all rights to the Platform, including its design, components, features, and accessible content, belong solely to Agreena or to parties with whom Agreena has established relevant licensing agreements.
6.3 Any use or reproduction of the Platform or its content beyond the permissions granted to the User is considered a breach of contractual obligations and a violation of Agreena's rights.
6.4 Agreena is not responsible for the content found on external websites linked through the Platform.
7. User Rights and Obligations
7.1 Users are granted a non-exclusive, non-transferable, non-sublicensable right to access, display, and use the application on their mobile devices (e.g., smartphones, tablets) free of charge. This includes activities such as installing, loading, displaying, and operating the application.
7.2 Similarly, Users are provided with a non-exclusive, non-transferable, and non-sublicensable right to use the website and its available features without any cost.
7.3 Users are not permitted to sublicense, lend, or distribute the Platform or any associated usage rights in any form. Furthermore, they may not modify, translate, reverse-engineer, decompile, or create derivative works based on the Platform.
7.4 Users are expected to adhere to the following obligations:
- Use the Platform in compliance with applicable laws, these General Terms, and in a way that does not infringe on the rights or disrupt the experience of other Users or Agreena. This includes respecting the personal and proprietary rights of individuals and organizations.
- Operate the Platform without interfering with its functionality or disrupting its services.
- Refrain from engaging in activities that may block, overload, or harm the Platform's proper functioning, such as distributing unsolicited advertisements, or spreading viruses or malware.
- Avoid attempting to access information not intended for them or beyond their authorization, including data belonging to other Users, Agreena's trade secrets, or confidential information.
7.5 Individuals using services or entering into agreements on behalf of others must have the appropriate authority to do so, e.g. by having the legal right to operate the farm. By agreeing to these General Terms, such individuals confirm they are authorised to use the services and/or enter into agreements on behalf of the represented party.
8. Data usage
8.1 Agreena will treat all data shared by Users with strict confidentiality and in compliance with applicable laws and regulations, including data protection and privacy laws.
8.2 Users retain ownership of their raw data.
8.3 However, by using the Platform, the User grants Agreena a perpetual, worldwide, irrevocable, royalty-free license to process, analyze, modify and combine such data with other sources for any purpose, including commercial use, product development, benchmarking and resale, provided that any such use is anonymized and/or aggregated in such way that individual Users cannot be identified without their separate express consent.
8.4 User may at all times withdraw their consent for data processing or sharing by contacting Agreena through the specified channels. Users acknowledge that aggregated data sets and insights derived from User data may be retained by Agreena after termination of the agreement and may be freely used and shared by Agreena.
8.5 By accepting these Terms, Users expressly consent to the use and commercial exploitation of their data as described herein.
9. Platform availability and security
9.1 Agreena aims to ensure continuous availability of the Platform, to the extent that is is technically and economically possible, but does not guarantee uninterrupted access. The Platform may become temporarily unavailable due to maintenance, security updates, capacity limitations, technical issues or unforeseen circumstances.
9.2 Agreena implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk. While Agreena make reasonable efforts to protect User data, no system is completely secure and Agreena cannot guarantee the absolute security of information. The User is responsible for maintaining the confidentiality of their account information and notifying Agreena of any unauthorised access.
10. Limitation of Liability
10.1 Agreena shall not be liable for any loss or damage resulting from the use of the Platform or from any decisions made or actions taken by the User or third-parties based on insights, recommendation, knowledge or outputs derived from the Platform, whether or not such insights, recommendation, knowledge or outputs were based on User data.
10.2 Agreena does not warrant that the Platform will be error-free, uninterrupted or that defects will be corrected. The Platform and all associated content and services are provided "as is" and "as available," without any express or implied warranties of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
10.3 User agrees to indemnify, defend, and hold harmless Agreena, its affiliates, directors, officers, employees and agents from and against any liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in connection with:
- the User's breach of these Terms
- any authorized use of the Platform
- any false, inaccurate or misleading information deliberately provided by the User
- the User's infringement of any rights of third party, including intellectual property rights or data protection rights
11. Term and termination of the agreement
11.1 These Terms will be in effect until it is terminated by either party. Either party may terminate these Terms at any time.
11.2 Effect of termination: Upon termination, access to and use of the Platform will cease immediately. Termination does not affect any rights or obligations accrued prior to the date of termination.
12. Miscellaneous
12.1 This Agreement shall be governed by the substantive laws of Denmark, without regard to its conflict of law principles.
12.2 Any dispute, claim, or controversy arising out of or in connection with these Terms, including their breach, termination or validity, shall be finally settled by arbitration administered by the Danish Institute of Arbitration in accordance with its rules. The arbitral tribunal shall be composed of one arbitrator. The place of arbitration shall be Copenhagen, Denmark, and the language of arbitration shall be English.
12.3 Agreena and the User shall first attempt to resolve any dispute amicably through good faith negotiations before initiating legal proceedings.