SPATIALGROW TERMS OF SERVICE AND USE
Last Updated: October 27, 2023
Thank you for your interest in using the online services operated by SpatialGrow (hereafter referred to as "SpatialGrow"). These Terms of Service govern your use of online and/or mobile services, websites, and software provided on or in connection with
SpatialGrow - The Virtual Farming Platform (collectively, the "Service"), which are offered through (i)
http://www.spatialgrow.com, (ii) mobile applications associated with
http://www.spatialgrow.com, and (iii) any other SpatialGrow website, app, or online service that links to these Terms of Service.
By accessing or using the Service, or by clicking a button or checking a box marked "I Agree" (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (the "Agreement"), and to the collection, processing, and sharing of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. SpatialGrow reserves the right to modify this Agreement, provided it provides notice of these changes to you as described below. This Agreement applies to all visitors, users, and others who access or otherwise use the Service ("you" or "Users"). If you use SpatialGrow's services on behalf of a company, organization, or other entity, then "you" includes you and that entity.
THE SERVICE
The Service provided by SpatialGrow assists its users in various aspects. Unless explicitly stated otherwise, any new or improved features of the Service shall be provided subject to this Agreement. You understand and agree that the Service is provided "as-is," and SpatialGrow assumes no responsibility for any mistakes, errors, or omissions, including any unavailability of the Service, deletion, or loss of any data relating to the Service.
SpatialGrow grants you a personal, non-transferable, and non-exclusive right and license to use the Service. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form or to use modified versions of the Software, including (without limitation) for obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface provided by SpatialGrow for use in accessing the Service.
To use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees or other costs associated with such access. In addition, you must provide all equipment necessary to make such a connection to the Internet, including a computer and modem or other access device.
ELIGIBILITY AND AUTHORITY
SpatialGrow does not provide the Service to children, but only to adults who can purchase the Service with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Service only with the involvement and consent of a parent, legal guardian, or at the direction of your School. Your School may impose additional policies regarding the use of the Service, with which you must comply.
If you open a SpatialGrow account to provide the Service to students in a School, you represent and warrant that you are an authorized representative of the School with the authority to bind the School to this Agreement and that you agree to this Agreement on the School's behalf. If you contact SpatialGrow to take any action with respect to an account, you represent and warrant that you have all the necessary authority to request such actions from or on behalf of the account-holder (e.g., a School or Parent).
The U.S. Children's Online Privacy and Protection Act ("COPPA") requires that online service providers obtain verifiable parental consent before collecting personal information from children under 13. If you are a School providing the Service to children under 13, you represent and warrant that you have the authority to provide consent on behalf of parents or have received appropriate consent for SpatialGrow to collect and use information from students under 13 before allowing such students to access our Service. Use of the Services is conditioned upon Schools obtaining the proper parental and student consent, where necessary, for Schools to collect Student Data and subsequently share that data with SpatialGrow. SpatialGrow assumes no responsibility for the failure to obtain proper and necessary consent. Therefore, we recommend that all Schools provide appropriate disclosures to students and parents and obtain the necessary consent regarding their use of service providers such as SpatialGrow and that they provide a copy of our Privacy Policy and the SpatialGrow Student Data Privacy Pledge to parents.
Welcome to SpatialGrow! These Terms of Service and Use (the "Terms") represent a legally binding agreement between you and SpatialGrow (referred to as "we," "our," or "us"). By using our website located at SpatialGrow - The Virtual Farming Platform (the "Website") and any products and services provided by SpatialGrow (collectively, the "Services"), you agree to these Terms. Please read these Terms carefully.
Definitions
1. Access Credentials means any username, password, security key, or other security information that allows you to access the Website and Services.
2.
User refers to an individual accessing or using the Website and Services.
3.
User Data means any information, data, or content, in any form, provided by you through your use of the Website and Services.
Access and Use
2.1.
Access to Services: We grant you a limited, non-exclusive, non-transferable right to access and use the Website and Services, subject to your compliance with these Terms.
2.2.
Use Restrictions: You agree not to:
2.2.1. Modify, copy, or create derivative works of the Website and Services.
2.2.2. Sell, license, or distribute the Website and Services for commercial purposes.
2.2.3. Reverse engineer or attempt to gain access to the software components of the Website and Services.
2.2.4. Remove or alter any copyright, trademark, or proprietary notices.
2.2.5. Use the Website and Services for unlawful or harmful purposes.
2.2.6. Interfere with the operation of the Website and Services.
2.2.7. Violate intellectual property rights or any applicable laws.
2.3.
Suspension: We may temporarily or fully suspend your access to the Website and Services for reasons including security threats or non-payment of Fees.
User Responsibilities
3.1. You are responsible for your use of the Website and Services and must secure your Access Credentials and User Data.
Services Support
4.1.
Scheduled Downtime: We may schedule downtime for routine maintenance with prior notice.
4.2.
Support Services: We offer customer support services to resolve reported issues.
4.3.
Data Backup: We are not responsible for any loss, alteration, or damage to User Data.
4.4.
Minimum System Requirements: Operating the Services requires meeting minimum system requirements as detailed on our website.
Third-Party Sites
5.1. The Website and Services may include links to Third-Party Sites. We do not endorse or take responsibility for these sites.
Privacy
6.1. Your use of the Website and Services is subject to our Privacy Policy.
Termination
7.1. We may terminate your access to the Website and Services for violations of these Terms.
Modifications
8.1. We may revise these Terms at any time and will post the most current version on the Website.
Disclaimer of Warranties
9.1. We provide the Website and Services "as is," without warranties.
Limitation of Liability
10.1. We will not be liable for any direct or indirect damages arising from the use of the Website and Services.
Indemnity11.1. You agree to indemnify and hold us harmless from any claims, liabilities, and expenses.
Governing Law
12.1. These Terms are governed by the laws of Tennessee.
Contact Information
13.1. Please direct any questions or concerns to Brandon@SpatialGrow.com.
