These Terms of Service ("Terms") govern your access to and use of the CactusCo platform, including our web application, sensor-integration services, mobile applications, and related services (collectively, the "Service"), operated by CactusCo Inc. ("CactusCo," "we," "us," or "our").
By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you are entering into these Terms on behalf of a farm, cooperative, or other entity, you represent that you have the authority to bind that entity, in which case "you" refers to that entity.
If you do not agree to these Terms, you must not access or use the Service.
CactusCo provides a precision agriculture platform for arid-crop and cactus cultivation operations, including soil and climate sensor integration, irrigation and shade automation, pest and disease early-warning models, harvest forecasting, and grower analytics dashboards.
The Service connects to hardware you own or control, such as soil-moisture probes, weather stations, and drip controllers. We are not responsible for the performance of third-party hardware, connectivity, or IoT infrastructure that is not supplied by CactusCo.
We may add, modify, or discontinue features of the Service at any time. We will provide reasonable notice before discontinuing a feature that materially affects your use of the Service, where practicable.
You must be at least 18 years old and have the legal capacity to enter into a binding contract to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
We reserve the right to suspend or terminate accounts that provide false information or that we reasonably believe are being used fraudulently.
Certain features of the Service require a paid subscription. Fees, billing cycles, and plan details are presented to you at the time of purchase and are incorporated into these Terms by reference.
Unless otherwise stated, subscriptions renew automatically at the end of each billing period until cancelled. You may cancel at any time through your account settings; cancellation takes effect at the end of the current billing period, and we do not provide prorated refunds except where required by applicable law.
We may change our fees on a going-forward basis with at least 30 days' notice. Continued use of the Service after a fee change takes effect constitutes acceptance of the new fees.
You agree not to:
We reserve the right to investigate and take appropriate action, including suspension or termination, against any account that violates this section.
You retain ownership of the farm operations data, sensor readings, and imagery you submit to or that is generated through your use of the Service ("Farm Data"). You grant CactusCo a limited licence to host, process, and analyze Farm Data solely to provide and improve the Service.
Where you have enabled on-site deployment, Farm Data processed locally remains on your network and is not transmitted to CactusCo unless you explicitly configure cloud sync. Details on how we collect, use, and safeguard personal information are set out in our Privacy Policy.
You are responsible for ensuring you have the necessary rights and consents to submit any data to the Service, including data relating to employees or workers on your farm.
Aggregated or de-identified data derived from Farm Data across our customer base may be used by CactusCo to improve model accuracy and platform benchmarks. This aggregated data does not identify you or your operation.
The Service, including its software, models, design, trademarks, and documentation, is owned by CactusCo Inc. or our licensors and is protected by Canadian and international intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use the Service for your internal agricultural operations. No other rights are granted, and all rights not expressly granted are reserved by CactusCo.
The Service may integrate with third-party hardware, IoT platforms, weather data providers, and certification bodies. Your use of any third-party integration is subject to that provider's own terms and privacy practices, which we encourage you to review.
CactusCo is not responsible for the accuracy, availability, or security practices of third-party services, and we do not endorse any third-party product accessible through the Service.
We strive to keep the Service available and performing reliably, but we do not guarantee uninterrupted or error-free operation. Scheduled maintenance, sensor connectivity issues, and events outside our reasonable control may affect availability.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT WHERE SUCH DISCLAIMERS ARE NOT PERMITTED BY APPLICABLE LAW.
Automated alerts, irrigation recommendations, and harvest forecasts are decision-support tools. You remain solely responsible for agronomic decisions made for your operation, including any reliance on Service outputs.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CACTUSCO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF CROP YIELD, LOSS OF PROFITS, OR LOSS OF DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO CACTUSCO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Nothing in these Terms limits liability that cannot be excluded or limited under applicable Québec or Canadian law, including liability for gross negligence or wilful misconduct.
You agree to indemnify and hold harmless CactusCo Inc. from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Service, or your violation of any law or third-party right.
You may stop using the Service and close your account at any time through your account settings or by contacting us.
We may suspend or terminate your access to the Service, with or without notice, if you materially breach these Terms, if required by law, or if we discontinue the Service. Upon termination, your right to use the Service ceases immediately, though provisions relating to intellectual property, liability, and dispute resolution survive termination.
Upon request, we will make Farm Data available for export for a period of 30 days following account closure, after which it may be deleted in accordance with our data retention practices.
These Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.
Any dispute arising from these Terms or the Service shall be submitted to the exclusive jurisdiction of the courts located in Montréal, Québec, and you consent to the personal jurisdiction of those courts.
We may update these Terms from time to time to reflect changes to the Service, legal requirements, or our practices. We will post the revised Terms with an updated "Last updated" date and, for material changes, provide notice through the Service or by email.
Your continued use of the Service after a revised version of these Terms takes effect constitutes acceptance of the changes.
If you have questions about these Terms, please contact us:
CactusCo Inc.
Montréal, Québec, Canada
legal@cactusco.com
Questions?
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