TERMS AND CONDITIONS
Aquaculture Farming Welfare Data Collection and Processing App
Welcome to the Aquaculture Welfare Scoring App.
This app is designed to assist users in assessing the welfare of aquaculture operations.
These Terms and Conditions ("Agreement") are a legal agreement between you ("Licensee" or "you") and FAI Farms Ltd ("Company", "us or "we"), and govern your use of the Aquaculture Farming Welfare Data Collection and Processing App ("App") developed by us. By accessing or using the App, you agree to be bound by this Agreement. If you do not agree to these terms, please do not use the App.
1. Acceptance of Terms
a. You must be at least 18 years old to use the App. By using the App, you represent that you are at least 18 years old or have obtained parental or guardian consent.
b. You agree to comply with all applicable laws and regulations while using the App.
c. We license use of the App to you on the basis of this Agreement. We do not sell the App to you. We remain the owners of the App at all times.
d. In return for your agreeing to comply with this Agreement, you may (i) download or stream a copy of the App onto your mobile device and view, use and display the App on your devices; and (ii) receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
2. Data Collection and Processing
a. The App collects aquaculture farming welfare data, including but not limited to water quality measurements, feeding habits, growth rates, and health conditions. By using the App, you acknowledge and consent to the collection and processing of this data by the Company. The App provides also a framework and tools for users to score and evaluate the welfare of aquaculture operations. The scores and assessments generated by the app are based on the user's inputs and subjective evaluation. The app does not provide definitive judgments or certifications regarding welfare standards.
b. The collected data may be used to provide you with personalized insights, recommendations, and analysis related to aquaculture farming practices.
c. The Company may aggregate and anonymize the collected data to generate statistical reports, conduct research, improve the App's functionality, and develop new features. Any aggregated or anonymized data will not personally identify you.
d. The Company will take reasonable measures to protect the collected data from unauthorized access, use, or disclosure. However, no data transmission over the internet or storage system can be guaranteed to be 100% secure.
3. Data Privacy
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. We are committed to protecting your privacy and confidentiality. Any data collected by the Aquaculture Welfare Scoring App will be treated in accordance with our Privacy Policy, which outlines how we collect, store, and use your personal information.
4. User Responsibilities
a. You are solely responsible for the accuracy and completeness of the data you input into the App.
b. You agree not to use the App in any unlawful manner, for any unlawful or fraudulent purposes, including but not limited to unauthorized access, interference with the App's operation, or transmission of harmful, defamatory, offensive or otherwise objectionable content, or in any manner which is inconsistent with this Agreement.
c. You must not attempt to disassemble, reverse engineer, modify, or decompile the App, copy the App or use it to create a competing product.
d. You are responsible for maintaining the confidentiality of your login credentials and for any activities that occur under your account.
e. You agree that you will not rent, lease, sub-license, loan, provide or otherwise make available the App in any form, in whole or in part, to any person without prior written consent from us.
5. Intellectual Property Rights
a. The App and all related intellectual property rights throughout the world are owned by the Company. You acknowledge that you have no rights, title, or interest in or to the App, except for the right to use the App as expressly granted in accordance with this Agreement.
b. You retain ownership of the data you input into the App. However, by using the App, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display your data for the purposes of providing the App's services.
c. You must not infringe our intellectual property rights or those of any third party in relation to your use of the App.
6. Recommendations and Guidance
The App may provide recommendations and guidance based on the welfare scores and assessments generated. These recommendations should not substitute for professional advice or industry standards. It is your responsibility to consult with relevant experts and adhere to local regulations and best practices. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
7. Limitation of Liability
a. The App is provided on an "as is" basis without any warranties, express or implied. The Company disclaims all warranties of merchantability, fitness for a particular purpose, and non-infringement.
b. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of it breaking this Agreementor failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted this Agreement, both we and you knew it might happen.
c. The Company shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the App or the inability to use the App. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
d. The App have not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the appstore site) meet your requirements.
8. Transfer
a. We are giving you personally the right to use the App as set out above. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
b. We may transfer our rights and obligations under this Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.
9. Termination
a. The Company may terminate or suspend your access to the App at any time, without notice, for any reason, including a violation of this Agreement.
b. Upon termination, all rights granted to you under this Agreement will cease, and you must stop using the App and delete or remove the App from all devices in your possession.
10. Modifications and updates
a. The Company reserves the right to modify or update this Agreement at any time without prior notice. Your continued use of the App after any modifications constitutes your acceptance of the updated Agreement.
b. If you do not accept the changes, you will not be permitted to continue to use the App.
c. From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
11. General
a. Third parties. This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
b. Severance. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
c. Waiver. Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12. Governing Law and Jurisdiction
a. This Agreement shall be governed by and construed in accordance with the laws of the UK.
13. Contact us
If you have any questions or comments about these terms and conditions or the Aquaculture Welfare Scoring App, please contact us at support@faifarms.com.