1. Access to SKYFLD
- Only a User is granted access to the full functionalities of SKYFLD.
- In order to gain access to SKYFLD, the User must create their own individual user account.
- Each User will receive an account with access data ("Access Data") through which they can use the services on SKYFLD. Only the User is allowed to access this account.
- The SKYFLD Website is available at app.skyfld.com ("Homepage").
- The SKYFLD Mobile App can be downloaded to a mobile device via an app store (e.g., Apple App Store, Google Play Store).
2. Application Process/Registration/Access to SKYFLD
- The User may register directly on the Homepage of the SKYFLD Website, via the homepage of an authorized partner of the Operator ("Partner"), or via the SKYFLD Mobile App.
- Registration for the use of SKYFLD is free of charge.
3. Services provided by the Operator
- The User can upload field and farm information and create their farm online in their user account. For this farm, the User, on the basis of satellite images,
- can create maps with a variable rate of seeds for the variable use of seeds based on zones defined by the User within their field, using a combination of up to ten biomass maps and soil maps uploaded to the system.
- can create maps with a variable rate of fertilizers for the variable use of fertilizers based on zones defined by the User within their field, using a combination of up to ten biomass maps and soil maps uploaded to the system.
- can create maps with a variable rate of plant growth regulators for the variable use of plant growth regulators based on zones defined by the User within their field, using a combination of up to ten biomass maps, yield maps and soil maps uploaded to the system.
- select different crop varieties, include fertilizer specifications, and define additional zones and parameters for the field in question.
- add yield and/or soil maps.
- The Operator provides the User with instant access to the local weather conditions and a local weather forecast for 5 days based on the given address of the farm.
- The User has access to historical biomass maps to track the health of crops, identify problems during the growing season, and monitor crop development throughout the season. The User can access new images that are updated regularly throughout the year. The image quality may vary depending on visibility and the weather conditions.
- The User can transfer the created maps to their agricultural machines, e.g., to automate the sowing processes ("Exports").
- The Operator also offers an e-mail service through which the Operator regularly informs the User about new biomass maps, fertilizer maps, seeding maps and/or new notifications related to the SKYFLD services. The User can opt-in or opt-out of receiving these e-mails at any time within the account settings.
- The Operator offers a support center on SKYFLD for all questions, support requests, malfunctions and/or errors in the use of SKYFLD. The User will receive a reply within 48 hours.
- In addition, the SKYFLD Mobile App offers further supplementary functionalities (e.g., a scouting function, the use of the SKYFLD Mobile App in offline mode, as well as the assignment of certain tasks to other persons).
4. Duties of the User
- The User undertakes to treat their Access Data confidentially and may not pass it on to third parties and/or allow third parties to use their Access Data.
- The User has to inform the Operator immediately via the Support Centre on SKYFLD if disruptions, errors, operational restrictions or damage arise or threaten to arise from the use of SKYFLD.
- The User may not resell or reproduce the services made available on SKYFLD or otherwise use the contents commercially or make them available to third parties (in particular, market, rent or lease the services for a fee) unless they use the share function (see Section 5). In particular, the User may not resell, share or make available the satellite images of their fields and the design of their farm.
- The User may not interfere or attempt to interfere with the orderly operation of SKYFLD, interfere or attempt to interfere with SKYFLD, or circumvent any measures used by the Operator to prevent or restrict access to SKYFLD.
5. Using the "Share" Function and Changing Farm Ownership
- With an active account, the User can share their account with a team member or other third parties. The User may add additional users via the "Share Function".
- A User may only share their maps and data with trusted advisors or team members. The User may not disclose any information to persons outside their farm or to persons who do not use the data in connection with the User's farm.
- To share the account, the User will inform the Operator of the third party’s e-mail address. The Operator will send an e-mail directly to the third party, inviting them to create an account on SKYFLD. In the case of the SKYFLD Mobile App, it is also possible to share an invitation link via a messenger service (e.g., WhatsApp).
- The Operator grants the User the option to transfer the user account to another person. Such a change of user account is only permitted twice a year. However, if the User can demonstrate that a further change of their user account is necessary, e.g., due to termination of the contract of lease or due to circumstances arising from the harvest situation, this may be agreed between the Parties.
6. Subscription and Billing
- SKYFLD Website
- There are different subscription models for the use of SKYFLD. Following registration via the SKYFLD website, the User selects a subscription model. In the user account of the SKYFLD Website under "Subscription & Billing", the selected subscription model can be changed, and the details of the available subscription models, their scope, fees and payment method can be viewed. The subscription model can only be arranged and managed via the SKYFLD Website.
- The User may obtain a free trial license for the use of the SKYFLD Website and thus has full access to all functions of the SKYFLD Website ("Free Trial Period"). The duration of the Free Trial Period can be viewed by the User on the SKYFLD Website and is usually 30 days. The details of the Free Trial Period may vary depending on the User's place of residence and depending on special offers by the Operator and/or Partner.
- If no subscription model is chosen after the Free Trial Period, the account and the associated data will be deleted no later than 3 months after registration.
- SKYFLD Mobile App
- The SKYFLD Mobile App can be used by logging in with the credentials received upon registration on the SKYFLD Website. It is also possible to register as a user via the SKYFLD Mobile App.
- After registration or initial login, the User may use the SKYFLD Mobile App in a free trial version. The duration of the Free Trial Period can be viewed by the User on the SKYFLD Website and is usually 3 months. The details of the Free Trial Period may vary depending on the User's place of residence and depending on special offers by the Operator and/or Partner.
- Insofar as the User decides against a subscription model for SKYFLD after the expiry of the Free Trial Period, the SKYFLD Mobile App can continue to be used with a limited range of functions until the end of the term of the free trial version.
- The following payment options apply to the services provided on SKYFLD:
- In Europe, the User can choose between payment options by credit card (Mastercard, Visa, Amex), Paypal, or direct bank payment (instant bank transfer).
- In Brazil, the User can choose whether to pay by credit card (Mastercard, Visa, Amex) or by Paypal.
- In Argentina, the User can choose between credit card or Paypal payment options.
- For the Free Trial Period, the Operator will grant the User a non-exclusive, non-transferable (with the exception of a transfer within the scope of the Share Function pursuant to Section 5), revocable license to use the services of SKYFLD, which is limited to the duration of the Free Trial Period. The license allows the individual named User to access, use, execute and display the services within the scope of the subscription and to use and make a reasonable number of copies of the documentation for their own internal purposes. The scope of the free trial license includes 2 Exports.
- In the case of paid subscriptions, the Operator will grant the User a non-exclusive, temporary and non-transferable (with the exception of a transfer within the scope of the Share Function pursuant to Section 5), revocable license to use the services of SKYFLD for the duration of the contract and in accordance with the respective subscription model. The license allows the individual User to access, use, execute and display the services within the scope of the subscription and to use and make a reasonable number of copies for their own internal purposes.
- The Operator and its subsidiaries are granted the right to use the data generated by the User (e.g., field information) indefinitely, irrevocably and free of charge. This right also persists beyond the cancellation of the subscription.
8. Trademark and Labelling Rights
- The Operator owns the rights to all images and texts published on SKYFLD. Any use of the images and texts is not permitted without the Operator’s express consent. The User is not entitled to use the Operator's brands and trademarks outside SKYFLD, in particular, for advertising or marketing purposes.
- References to copyrights, trademark and labelling rights may not be changed or deleted.
- The Operator is not liable for any damage in connection with the use of SKYFLD. This does not apply to:
- damage resulting from injury to life, body or health due to a breach of duty by the Operator or its legal representatives or vicarious agents, and
- damage caused by the Operator or its legal representatives or vicarious agents intentionally or grossly negligently, for which the Operator is fully liable.
- In the event of a slightly negligent breach of material contractual obligations, the Operator will be liable up to the amount of the foreseeable damage typical for the contract, except for the cases specified in Section 9.1. Material contractual obligations are obligations the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the contracting parties may regularly rely on. Otherwise, any liability of the Operator is excluded.
- The limitation period for claims for damages against the Operator is 1 year, except for the cases mentioned in Section 9.1.
- The Operator is not liable for the accuracy of the information provided on SKYFLD, in particular, for information relating to fertilization, harvesting and weather forecasts and their application by the User to the fields. The Operator is not liable for any failure in the management of farms resulting from the use of the services provided on SKYFLD and described in Section 3.
- The Operator is not liable for damage caused by access provided by the User to team members or other third parties (Share Function).
- The Operator will apply the care customary in the industry in selecting and maintaining the contents of the database. The completeness, correctness and up-to-dateness of the contents cannot be guaranteed at all times. In addition, Section 9.4 applies to all content on SKYFLD.
10. Data Protection
11. Contract Duration and Termination
- The Operator has an extraordinary right of termination in the event of a breach of material obligations under this contract, in particular, in the event of a breach of Section 4.
- After termination, further access remains possible for the User by logging into the blocked (i.e., inactive) account. This does not apply in the event of the use of SKYFLD as a free trial version; in this respect, Section 6.1(c) will apply.
- The User may delete their user account and all related data at any time. However, the deletion of the account will not affect the duration of the contract.
- The User's entitlement to use SKYFLD will end:
- in the case of Clause 6.1(b), after the expiry of the 30-day trial period;
- after the expiry of the contract duration of one year, with an upgrade of the subscription model being possible at any time, and
- in the event of a breach of material obligations under this contract, in particular, in the event of a breach of Section 4, by exclusion from the use of SKYFLD by the Operator.
12. Final Provisions
- If any of the above provisions is or becomes invalid in whole or in part, the validity of the remaining provisions hereof is not affected. In place of the invalid provision, a provision shall apply which comes as close as possible to what the Parties intended when concluding this contract, taking into account economic aspects. The same applies if there is a gap in the contract.
- The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules.
- The contractual language is German.
13. Regional Specifications
- With regard to Sections 9.1 and 9.2, liability under the Product Liability Act will remain unaffected. The limitation period in Section 9.3 does not apply to claims under the Product Liability Act.
- Section 139 of the German Civil Code (BGB) does not apply with regard to Section 12.2.
As of October 2022