{"id":11014,"date":"2025-02-13T17:17:49","date_gmt":"2025-02-13T17:17:49","guid":{"rendered":"https:\/\/cropx.com\/?page_id=11014"},"modified":"2025-06-12T17:09:18","modified_gmt":"2025-06-12T17:09:18","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/cropx.com\/es\/terms-conditions\/","title":{"rendered":"Customer Terms & Conditions"},"content":{"rendered":"
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CROPX CUSTOMER TERMS AND CONDITIONS<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Last updated\u00a013 February 2025<\/span><\/em><\/p>

These Customer Terms and Conditions (these \u201cT&Cs<\/span>\u201d) apply to all subscriptions to the CropX Service (as defined below) that you purchase (each a \u201cSubscription<\/span>\u201d) and all Sensors (as defined below) that you purchase from Us.\u00a0 By completing the Order Form or a different purchase document and submitting it to Us (by which you subscribed to the CropX Service and\/or purchased Sensors) (the \u201cOrder Form<\/span>\u201d), You agree to all the terms and conditions contained in these T&Cs.<\/p>

Please read these T&Cs carefully. They govern your subscriptions and access to, and use of, the CropX Service and your purchase and use of Sensors.\u00a0 In order to access, subscribe to use, download, share or otherwise use any part of the CropX Service or use any software scripts provided by Us in order to make the CropX Service available or usable, you must accept these T&Cs and our Privacy Policy, which is available here<\/a>\u00a0both of which may be modified or otherwise changed by Us from time to time at Our discretion. Your continued use of the CropX Service and Your Sensors (as defined below) will be deemed acceptance to any such amended or updated T&Cs and Privacy Policy. If you do not agree to any of the terms or conditions contained in these T&Cs, You should not use the CropX Service or any Sensors.<\/p>

Article I \u2013 Definitions<\/u><\/span><\/p>

The following terms shall have the following meanings:<\/p>

\u201cAffiliate\u201d means with respect to any Person, any Person which, directly or indirectly, controls, is controlled by or is under common control with such Person, including, without limitation any parent, subsidiary, equityholder, officer, director, member, employee, representative or agent of such Person.\u00a0 For the purposes of this definition, \u201ccontrol\u201d shall mean the ability, directly or indirectly, to direct the activities of the relevant Person.<\/p>

\u201cAggregated Data<\/span>\u201d means: (a) Your Farm Data that We collect, use and may disclose on an anonymous, non-identifiable and aggregated basis only: and (b) the Output Service Data that We generate, compile, use and may disclose on an anonymous, non-identifiable and aggregated basis only.<\/p>

\u201cApplicable Law<\/span>\u201d means all local, state, national and international laws, statutes, rules and regulations applicable to You and Us in connection with the Agreement, as applicable.<\/p>

\u201cBusiness Day<\/span>\u201d means any day other than Saturday and any legal holiday on which national banks are not open for general business.<\/p>

\u201cCropX Service<\/span>\u201d means Our adaptive software services which optimize and automize farm management, including irrigation, fertilization and spraying, and include Our Software, Our proprietary technology, Our Hardware, Our App and Sensors.<\/p>

\u201cIntellectual Property Rights<\/span>\u201d means all right, title and interest to a Person\u2019s: (a) patents, patent applications, patent disclosures and all related continuations, continuations-in-part, divisionals, reissues, reexaminations, utility models, certificates of invention and design patents, registrations and applications for registrations; (b) trademarks, service marks, trade dress (including the look and feel of Our App), internet domain names, logos, trade names and corporate names and registrations and applications for registration thereof; (c) copyrights and registrations and applications for registration thereof; (d) computer software, data and documentation; (e) inventions, trade secrets and confidential business information, whether patentable or non-patentable and whether or not reduced to practice, know-how, processes and techniques, formulae, algorithms, research and development information, copyrightable works, financial, marketing and business data, pricing and cost information, business and marketing plans and strategies and customer and supplier lists and information; (f) other proprietary rights relating to any of the foregoing (including remedies against infringements thereof and rights of protection of interest therein under the laws of all jurisdictions); and (g) copies and tangible embodiments thereof.<\/p>

\u201cOur App<\/span>\u201d means our mobile software application which You must download onto Your Device in order to receive the CropX Service.<\/p>

\u201cOur Hardware<\/span>\u201d means any computer hardware owned or leased by Us and that is utilized in connection with the CropX Service, if any.<\/p>

\u201cOur Software<\/span>\u201d means any computer software owned or licensed by Us and that is utilized in connection with the CropX Service.<\/p>

\u201cOutput Service Data<\/span>\u201d means the data and\/or information that we transmit to You in connection with the CropX Service via Our App or otherwise.\u00a0 For purposes of clarification, Output Service Data does not include Your Farm Data.<\/p>

\u201cParties<\/span>\u201d means You and Us.<\/p>

\u201cPerson<\/span>\u201d means any individual or entity.<\/p>

\u201cSensors<\/span>\u201d means Our cellular soil moisture sensors that You must purchase in order to receive the CropX Service.<\/p>

\u201cTaxes and Charges<\/span>\u201d means all: (1) sales, use, value-added and other taxes (other than taxes based on Our income), and all applicable duties, tariffs, assessments, export and import fees, or other similar charges, fees, duties, and charges and any related penalties and interest, arising from: (a) the provision of the CropX Service to You under the Agreement; or (b) the sale of Sensors to You under the Agreement; and (2) all shipping charges that are incurred in shipping Your Sensors (as defined below) to You.<\/p>

\u201cUs<\/span>\u201d, \u201cWe<\/span>\u201d, \u201cOur<\/span>\u201d or the \u201cEmpresa<\/span>\u201d means CropX Technologies Ltd.<\/p>

\u201cYour Device<\/span>\u201d means any computer or mobile device onto which You download Our App.<\/p>

\u201cYour General Characteristics Data<\/span>\u201d means all personally-identifiable information data which We collect about You which may include, without limitation, Your: (a) first and last name; (b) credit card information; (c) billing address; (d) shipping address; (e) phone number; and (f) email address.<\/p>

\u201cYour Farm Data<\/span>\u201d means all data concerning Your farm or fields which is collected by Your Sensors or otherwise and transmitted to Our App.<\/p>

\u201cYour Representatives<\/span>\u201d means Your and Your Affiliates\u2019 authorized employees, agents and representatives.<\/p>

Article II \u2013 Your Purchase of Sensors; Warranty; Return<\/u><\/span><\/p>

2.1. \u00a0Your Purchase of Sensors<\/u>.\u00a0 By completing the Order Form and submitting it to Us, You have agreed to: (i) purchase the number of Sensors that You have indicated on the Order Form (\u201cYour Sensors<\/span>\u201d); and (ii) allow Us to charge the purchase price of Your Sensors plus applicable Taxes and Charges (\u201cYour Sensors Purchase Price<\/span>\u201d). We will not ship any Sensors to You until you have paid in full Your Sensors Purchase Price plus applicable Taxes and Charges for the Sensors that you purchase.<\/p>

2.2.\u00a0\u00a0Title and Risk of Loss<\/u>.\u00a0 Title to Your Sensors will only pass to You upon payment in full of Your Sensor Purchase Price. All shipments of Sensors from Us to You are DAP (Incoterms 2010) to Your Notice Address (as you have indicated it in the Order Form) (\u201cYour Address<\/span>\u201d) – this means that risk of damage or loss relating to Your Sensors remains with Us until Your Sensors arrive at Your Address.<\/p>

2.3\u00a0\u00a0Limited Warranty; Exclusions<\/u>.\u00a0 Upon Your payment in full of Your Sensors Purchase Price and Our delivery to You of Your Sensors, we warrant to You that for a period of the earlier of: (a) 24 months following the delivery of Your Sensors to You; or (b) the expiration or termination of Your Subscription to the CropX Service (the \u201cLimited Warranty Period<\/span>\u201d), Your Sensors will operate in accordance with the written specifications for the Sensors (the \u201cSensor Specifications<\/span>\u201d) located here<\/a> (the \u201cLimited Warranty<\/span>\u201d). The Limited Warranty does not apply in the event that any part of Your Sensors (including any of Our Software therein) have been: (i) used other than in accordance with these T&Cs, the Sensor Specifications or other written operating instructions provided by Us or Our agents to You; (ii) modified, repaired, serviced, maintained or altered by anyone other than Us or one of Our authorized agents without Our prior written approval in each instance; (iii) combined with or installed on\/with operating systems, hardware or other equipment that do not constitute Our Hardware or Our Software or are authorized by Us; (iv) used or installed not in accordance with the Sensor Specifications; (v) damaged by causes beyond Our reasonable control; or (vi) sold or transferred to any Person other than You. The Limited Warranty extends only to You and does not extend to any other Person.\u00a0 EXCEPT FOR THE LIMITED WARRANTY, YOUR SENSORS ARE PROVIDED WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, AND WE EXPRESSLY DISCLAIM ALL OTHER IMPLIED OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT YOUR SENSORS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF YOUR SENSORS WILL BE UNINTERRUPTED OR ERROR-FREE.\u00a0 \u00a0\u00a0\u00a0<\/p>

2.4\u00a0\u00a0Warranty Claims<\/u>.\u00a0 Our sole obligation and Your exclusive remedy for any failure of Your Sensors to conform to the Limited Warranty is the repair or replacement, at Our discretion, of Your Sensors such that they shall conform with the Sensor Specifications.\u00a0 If You believe that Your Sensors do not conform with the Sensor Specifications during the Limited Warranty Period, please contact Us at\u00a0support@cropx.com<\/a>. If You are entitled to have Your Sensors repaired or replaced by Us during the Limited Warranty Period under the Limited Warranty, then We shall pay for any applicable shipping charges necessary for: (a) You to return Your Sensors to Us; and (b) for Us to ship repaired or replacement Sensors to You (\u201cYour Replacement Sensors<\/span>\u201d).\u00a0 If You are not entitled to have Your Sensors repaired or replaced by Us during the Limited Warranty Period under the Limited Warranty, but You ship Your Sensors to Us anyway, then You shall be responsible for all shipping charges associated with: (i) Your shipping of Your Sensors to Us; and (ii) Our shipping of Your Sensors back to You. If We replace Your Sensors pursuant to the Limited Warranty, Your Replacement Sensors will be: (x) covered by the Limited Warranty only for the remainder of the Limited Warranty Period that was applicable to Your (original) Sensors; and (y) shall be considered Your Sensors under these T&Cs.<\/p>

Article III – Your Subscription to the CropX Service<\/u><\/span><\/p>

3.1\u00a0\u00a0Subscription Generally; Term and Renewal<\/u>. Your Subscription to the CropX Service shall: (a) begin on the Effective Date (as indicated in the Order Form); and (b) expire upon the one (1) year anniversary of the Effective Date (or after a longer period indicated in the Order Form), unless earlier terminated pursuant to the other provisions of this Article III, or automatically renew if indicated in the Order Form (collectively, the \u201cTerm<\/span>\u201d). Please note that: (i) Unless indicated otherwise in the Order From, Your Subscription to the CropX Service does not automatically renew and Your access to the CropX Service will cease immediately at the end of the Term if the Re-Subscription Procedures (as defined below) have not been completed; and (ii) if You re-subscribe to the CropX Service you will be deemed to have agreed to the version of our T&Cs and Privacy Policy that are effective on the date of Your re-subscription.\u00a0 If You want to renew Your Subscription to the CropX Service after the end of the Term: (x) You should contact\u00a0support@cropx.com<\/a>; and (y) We will charge you for the full amount for the CropX Service that you subscribe for plus any applicable Taxes and Charges (collectively, the \u201cRe-Subscription Procedures<\/span>\u201d).\u00a0 \u00a0\u00a0<\/p>

3.2.\u00a0\u00a0Termination for Cause<\/u>.\u00a0 If You materially breach any provision of the Agreement, then We shall give written notice to You of such breach (which written notice shall describe, in reasonable detail, the alleged breach). If such breach(es) cannot be cured, then, at Our sole discretion, Your Subscription to the CropX Service shall terminate immediately upon the delivery of such notice. If such breach(es) can be cured, but remain(s) uncured more than thirty (30) calendar days after receipt of such written notice by You, then, at Our sole discretion, We may terminate Your Subscription to the CropX Service at any time after the conclusion of such thirty (30) calendar day cure period by written notice to You. If We terminate Your Subscription to the CropX Service: (a) Your access to the CropX Service will terminate immediately upon such termination; and (b) unless otherwise required by Applicable Law, You will not receive any refund for any of Your Sensors or any portion of Your Subscription Fee.<\/p>

3.3\u00a0\u00a0Effect of Termination<\/u>.\u00a0\u00a0<\/span>Upon expiration or termination of your Subscription to the CropX Service, all rights and obligations of You and Us shall immediately terminate.\u00a0 Notwithstanding the foregoing, the provisions of Articles VII, VIII, IX and X of these T&Cs shall survive any expiration or termination of Your Subscription, the Term and the Agreement.<\/p>

Article IV – Our Obligations; Upgrades\/Maintenance; Your Obligations<\/u><\/span><\/p>

4.1.\u00a0\u00a0Our Obligations; Upgrades and Maintenance<\/u>.\u00a0<\/p>

(a)\u00a0 If You have any questions, comments and\/or complaints about the CropX Service or Your Sensors during the Term, please contact Us at\u00a0support@cropx.com<\/a>.<\/p>

(b)\u00a0 We agree that during the Term we will provide the CropX Service to You in accordance with the terms of the Agreement and as specified in the Order Form.<\/p>

(c)\u00a0 We agree that during the Term and for a period of 24 months after the expiration or termination of the Term (the \u201cOpen Account Period<\/span>\u201d), we will maintain an account for You (\u201cYour CropX Account<\/span>\u201d) with an independent \u201ccloud\u201d storage provider (an \u201cAccount Storage Provider<\/span>\u201d).\u00a0 Your CropX Account will contain: (i) Your Farm Data; and (ii) the Output Service Data.\u00a0 During the Open Account Period, You will be able to access Your CropX Account, view the data contained in it and download such data to Your Devices. Please note that although We will endeavor to select an Account Storage Provider that maintains commercially reasonable security protections: (x) We will not control the security of Your CropX Account; (y) We cannot guaranty the security of Your CropX Account; and (z) We will not be responsible for any unauthorized access or use of any information contained in Your CropX Account.\u00a0<\/p>

(d)\u00a0 Notwithstanding anything in the Agreement to the contrary, We agree that although we may use and disclose Your Farm Data and the Output Service Data on an anonymous, non-identifiable, aggregated basis, we will not: (i) disclose to any third Person any of Your Farm Data, Your General Characteristics Data or the Output Service Data in any manner which identifies You or Your farm; or (ii) use Your Farm Data, Your General Characteristics Data or the Output Service Data for unlawful or anti-competitive activities (such as using such data to speculate in commodities markets).<\/p>

(e)\u00a0 You acknowledge that: (i) We may, but are not obligated to,\u00a0modify, update and\/or upgrade the CropX Service and\/or perform maintenance to the CropX Service; (ii) when and if We modify, update and\/or upgrade and\/or perform maintenance, the CropX Service may be unavailable for a period of time; and (iii) in no event will We be liable to You, any of Your Affiliates or any third Person for any unavailability of the CropX Service caused by modifications of, updates and\/or upgrades to and\/or maintenance performed to the CropX Service. You acknowledge that your failure to accept, download and install such modifications, updates and\/or upgrades may adversely affect Your use of and access to CropX Service and\/or Our App.<\/p>

4.2.\u00a0\u00a0Your Obligations<\/u>.\u00a0 You agree:<\/p>

(a)\u00a0\u00a0\u00a0 to use the CropX Service and Your Sensors in compliance with all terms and conditions of the Agreement and these T&Cs;<\/p>

(b)\u00a0\u00a0\u00a0 to give Us access to Your Farm Data and Your General Characteristics Data as is necessary for Us to provide the CropX Service;<\/p>

(c)\u00a0\u00a0\u00a0\u00a0 to maintain in compliance with their specifications all of Your Devices, Your hardware and internet\/mobile connections, necessary for Us to provide the CropX Service to You during the Term;<\/p>

(d)\u00a0\u00a0\u00a0 that You\u00a0will not<\/u><\/span>:<\/p>

(i) \u00a0\u00a0\u00a0\u00a0 interfere with or disrupt the CropX Service or networks connected to or comprising the CropX Service;<\/p>

(ii) \u00a0\u00a0\u00a0 violate any Applicable Law in connection with the use of the CropX Service or Your Sensors;<\/p>

(iii) \u00a0\u00a0 reproduce, duplicate, copy, sell, resell, license, distribute or otherwise transfer any portion of the CropX Service and\/or Your Sensors (including any content from Our App except for the Output Service Data), or allow the use of the CropX Service and\/or Your Sensors by any third Person except for Your Representatives;<\/p>

(iv)\u00a0 attempt to disable or circumvent any security or access control mechanism used by or associated with the CropX Service;<\/p>

(v) \u00a0attempt to gain unauthorized access to the CropX Service, or use the CropX Service for any unauthorized or unintended purpose;<\/p>

(vi) harvest or otherwise collect information about Our other customers who use the CropX Service;<\/p>

(vii) modify or enhance the CropX Service or Your Sensors without our express prior written consent; or<\/p>

(viii) use the CropX Service in a manner that introduces any virus, corrupted data or other harmful, disruptive or destructive code or files (collectively, \u201cHarmful Code<\/span>\u201d) to or otherwise interferes with or disrupts, overloads or burdens the CropX Service, Our App, and\/or Our Hardware and\/or networks or those of Our service providers.<\/p>

Article V \u2013 Our App; Communications<\/u><\/span><\/p>

5.1.\u00a0Use of Our App<\/u>.\u00a0 If You Subscribe to the CropX Service and pay the Subscription Fee, We agree that You may install Our App on Your Devices. You agree to use the CropX Service (including Our App) only as authorized in these T&Cs and will instruct Your Representatives having access to the CropX Service to act accordingly. You agree that You shall be liable for any breach of Your obligations under these T&Cs by any of Your Representatives.<\/p>

5.2.\u00a0\u00a0Downloading of Our App and Setting Up Your CropX Account<\/u>. If You wish to Subscribe to and use the CropX Service, You must download Our App onto one of Your Devices and complete a registration process which will create Your CropX Account. By completing the registration process and creating Your CropX Account, You consent to receive messages and other content in connection with the CropX Service via email, text message or any other means, either through Our App or otherwise. You agree that You will provide Us with truthful and accurate information when setting up Your CropX Account and will keep such information up-to-date. You agree that You: (a) will not share Your CropX Account or login information with any third Person, nor let any third Person access Your CropX Account, except Your Representatives and as otherwise permitted by these T&Cs; (b) are responsible for maintaining the confidentiality of the login information for Your CropX Account; (c) will notify Us immediately at\u00a0support@cropx.com<\/a>\u00a0if You know or suspect that Your CropX Account or CropX Account login information has been compromised or that Your CropX Account has been used without Your authorization; and (d) are fully and solely responsible for the security of Your Devices and all activity on Your CropX Account (except for activity initiated by Us).<\/p>

5.3.\u00a0\u00a0Links and Third Person Property<\/u>.\u00a0 Our App may contain links or other content related to websites, products and\/or services offered by third Persons (the \u201cThird Person Property<\/span>\u201d). We have no control and make no representation with respect to any such Third Person Property or any information provided or transmitted via such Third Person Property, or otherwise provided by any such third Persons. YOU UNDERSTAND AND AGREE THAT USE OF SUCH LINKS AND THIRD PERSON PROPERTY IS AT YOUR OWN RISK, THAT SUCH LINKS AND THIRD PERSON PROPERTY ARE GOVERNED BY SUCH THIRD PERSONS’ TERMS OF USE AND PRIVACY POLICIES, AND THAT WE ARE NOT RESPONSIBLE FOR THE PRIVACY OR BUSINESS PRACTICES OR OTHER POLICIES OF SUCH THIRD PERSONS. YOU SHOULD CAREFULLY REVIEW THE APPLICABLE TERMS AND POLICIES THAT APPLY TO ANY SUCH THIRD PERSONS. WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR SUCH THIRD PERSONS, OR FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS THE RESULT THEREOF, AND WE EXPRESSLY DISCLAIM, AND YOU EXPRESSLY RELEASE US FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CLAIM, LOSS AND\/OR DAMAGE, ARISING FROM AND\/OR IN ANY WAY RELATED TO SUCH THIRD PERSONS.<\/p>

5.4.\u00a0Messaging and Communications<\/u>.<\/b><\/p>

At CropX, we use SMS communications for both marketing (e.g. company updates newsletter, sales team outreach, etc) and customer communication purposes (e.g. system notifications about the CropX app, subscription renewal reminders, product\/feature updates, etc). By accessing or using our services, you consent to receiving these SMS communications and agree to comply with and be bound by the following Terms and Conditions. If you do not agree with these terms, please do not engage with our services.<\/span><\/p>

5.4.1. Consent for SMS Communication<\/b><\/span><\/p>

By providing your consent to receive SMS communications, you acknowledge and agree to receive text messages from CropX at the phone number you provide during the online account creation, website contact form submission, or sales\/support verbal communication process. The information obtained as part of the SMS consent process (phone numbers) will NOT be shared with any third parties for marketing purposes.<\/span><\/p>

5.4.2. Types of SMS Communications<\/b><\/span><\/p>

If you have consented to receive text messages from CropX, you may receive SMS communications related to the following:<\/span><\/p>