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1 Subject matter of the contract

These terms of use govern the usage relationship that exists between BD Solutions GmbH, Auf der Lage 2, 49377 Vechta-Calveslage (known as either “Big Dutchman”, “we” or “us” in the following) and you (referred to as “user” in the following) relating to the use of the FarmBookpro service (referred to as “service” or “FarmBookpro”). The service can be used via the FarmBookpro website www.farmbookpro.com (referred to as “website” in the following), as well as the FarmBookpro app (referred to in the following as “app”). Further information on Big Dutchman is available in the app’s imprint, as well as on the website.

Our services are targeted exclusively at entrepreneurs. An entrepreneur in the sense of Section 14 of the German Civil Code (BGB) is a natural or legal person or a judicable business partnership who exercises their commercial or self-employed professional activities when they conclude a legal transaction. Use by consumers is not planned for and is expressly forbidden. A user is a person or body that partially or completely avails of the services offered by Big Dutchman.

With FarmBookpro, Big Dutchman offers its users a service which they can use to virtually set up an organisation and administer it centrally in order to determine or increase its effectiveness / productivity. The service makes it possible for the user to manually record various pieces of data relating to silo levels, productions, deliveries and batches and save them on a server all at the same time. The entrepreneur continues to remain personally responsible for caring for their animals and facilities, and all activities that this entails must be carried out completely on-site.

The use of the service’s basic functions is offered free of charge. Big Dutchman reserves the right in future to design specific additional functions, such as a more detailed evaluation and reporting of the recorded data, to be subject to charge. Chargeable functions are not recorded in these terms of use.

 

2 Scope, usage relationship and conclusion of contract

2.1 In order to be able to use FarmBookpro, an effective usage relationship must exist between the respective user and Big Dutchman. This comes about by accepting the terms of use. Users under the age of 18 require the consent of their parents or legal guardians.

2.2 These terms of use apply for all usage relationships between Big Dutchman and the user in terms of the service, which come about during the validity period of these terms of use.

2.3 The usage relationship is determined by these terms of use. The privacy policy also contains supplementary information in relation to the recording, processing and use of personal data by Big Dutchman.

2.4 Contradictory or user conditions that deviate from these terms of use will not be recognised, unless Big Dutchman has expressly agreed to their validity in writing. The same applies if Big Dutchman becomes aware of opposing conditions or conditions that deviate from these terms of use, and executes its services without reservation.

2.5 No verbal sub-agreements to these terms of use exist.

 

3 Scope of the FarmBookpro service

3.1 The functions that are made available to the user arise from these terms of use. All Big Dutchman related information provided in advertising materials or on the website are non-binding and do not represent an offer made to the user.

3.2 FarmBookpro provides the possibility of recording and administering data relating to farmers, houses, systems, silos, feed deliveries and animals. In addition, individual tasks and activities, such as inspection activities, for example, are planned and recorded. This entails Big Dutchman using its own technical and operational possibilities in order to provide a technical infrastructure without the company itself from becoming actively involved in the production procedures or system configuration and exclusively fills the role of a technical service provider with respect to the user.

3.3 The user sets up their organisation (which may consist of one or more farms) using this service and they manually enter data via the app or via the website. The data are transmitted to a server and the user can centrally administer their farms, houses, silos, animals and employees depending on their access rights. The following information, in particular, can be manually recorded, subsequently edited and viewed by the user when using this service:

  • Data relating to current individual procedures and for previous periods of time (referred to as “production data” in the following). The procedure-related production data include, for example, the registration of the number of animals (for example per house), the number of dead/culled animals, the temperature and humidity in the houses, the weight of the animals, water and feed consumption. When entering the actual values, the user can be shown the standard target values that should be expected with respect to temperature, humidity, weight of the animals, feed and water consumption for the respective breed of animal;
  • Key figures from feed deliveries relating to, for example, the supplier, components, volumes, prices or the silos, in this case in particular the date of the last deliveries, capacity, volume of feed extracted each day and the projected date on which it will have been entirely consumed;
  • Information relating to moving the animals in (in particular the number of animals, supplier, date and time of delivery, target house, type of animal, estimated date on which the animals will be picked up following the growing period);
  • Reminders: Prior to the delivery of the animals, the user may be reminded that various tasks must be carried out and confirmed by them in order to prepare the houses to receive the next animals (e.g. cleaning and disinfecting of the houses, setting the temperature and light intensity). Required deliveries, pick-ups and veterinarian examinations can also be defined and planned in this way.
  • Activities (referring to a farm, a house, animals or silos, for example): These include, in particular, activities relating to the respective farm (recording of guests), the procedure (meaning delivery / pick-up, vaccinations and the treatment of animals, as well as monitoring hygiene etc.), the houses (meaning pest control, examining the emergency power supply, the alarm system, cleaning and disinfection) or the feed silos (feed deliveries).
  • The user can add photographs and image recordings to the recorded data in order to document specific circumstances or to photograph documents. These photographs and image recordings are also saved on the server and are displayed and made available to the user by the service.

3.4 The service also entails displaying the average and added values for each day or for an entire batch with respect to certain pieces of information (e.g. feed per animal, cumulative feed per animal, water consumption per animal, relation between the consumption of feed and water).

3.5 An administrator can use the website to add and administer various users of an organisation. The administrator is provided with all the information relating to the respective registered organisation recorded by the app or the website. This allows all the recorded activities, key figures from the individual silos and houses, the production data from individual procedures, as well as set reminders to be viewed and edited if necessary. Evaluations are only possible within the scope described.

3.6 Big Dutchman reserves the right to use data entered and recorded by the user during the usage relationship in an anonymised form beyond the lifetime of the usage relationship, in particular, in order to generate statistics and improve the products.

 

4 Registration and user account

4.1 Registration is required in order to be able to use the service. The usage of the service, as well as the registration and creation of the user account is carried out either using the download app or the website.

4.2 Registering via the app or the website can only be done with a valid e-mail address. This must not be assigned to another FarmBookpro user account. The user can choose any e-mail address and any password they wish for their user account. After entering the access data, a confirmation code is sent to the e-mail address specified by the user and which the user needs to enter in order to activate the account. Following the successful registration, the data entered to set up the organisation are deposited and saved in the user account. Further data can be saved in the user account.

4.3 The access data assigned to a user account are to be kept safe and secured against access by third parties through the use of appropriate state-of-the-art technical means (such as setting up a firewall, for example). The user is not authorised to pass this data on to third parties.

4.4 The user must allow the activities that were carried out using their user account to be attributed to them, the user is in particular bound by the declaration of intent that was provided via the user account. A different situation applies, however, when it is apparent for Big Dutchman that it was not the user who had acted or if the user can verifiably demonstrate that said actions had been carried out by a third party, without the user being at fault in any way.

4.5 The user is obligated to immediately notify Big Dutchman of any unauthorised actions that were carried out on their user account by a third party. If there is reason for the user to believe that a third party is using their user account, they are obligated to immediately change their access data.

4.6 Following several failed attempts to log in, the user account can be blocked temporarily. If the user should happen to forget their password, FarmBookpro will send the user a new password when requested to do so, which is to be changed by the user upon first registration. Big Dutchman reserves the right to automatically deregister a user following an appropriate and extended period of inactivity.

4.7 Persons subject to a restricted legal capacity and persons in whose case Big Dutchman has cancelled a previous usage relationship are prohibited from registering or logging in.

 

5 General regulations when using the service

5.1 The user is entitled to exclusively use the service for their own purposes. The service may only be used via access means that are offered and authorised by Big Dutchman, i.e. via the website or the app, and to the extent that is allowed by the normal functioning of the service and by these terms of use.

5.2 In order to be able to use the service the user must have access to a compatible and internet-ready electronic device such as a computer or a smartphone / tablet with an active internet connection, or have a corresponding mobile data contract. Dialling into the internet can be subject to dialling-up or telephone charges of the respective provider.

5.3 The user is forbidden from using automatic systems, mechanisms, software, scripts, programmes and/or other processes that send automated queries to the Big Dutchman server, that is unless it entails Big Dutchman software or other processes that have been expressly authorised in writing.

5.4 FarmBookpro is protected by copyright. Big Dutchman grants the user a non-exclusive and non-transferable right to use the service for the duration of the usage relationship in accordance with the terms of use. After the licence agreement has ended, the licence will be automatically returned to Big Dutchman. The user does not purchase a right to the source code. The user may not, in particular, modify, adapt, translate or derive anything based on FarmBookpro or parts thereof, unless this is expressly allowed by the statutory legislation, or try to circumvent or manipulate the security settings put in place by Big Dutchman.

5.5 Trademarks, company logos, URLs, other marks or protection notices, copyright notices, serial numbers and all other features that serve the purpose of identifying Big Dutchman may not be removed or altered.

5.6 When using the service, the user must comply with the statutory legislation in place, as well as the rights of third parties; the user is in particular forbidden from doing the following:

  • using insulting or slanderous content, irrespective of whether this content affects other users, Big Dutchman employees or other persons or companies;
  • the use of pornographic, violence-glorifying, abusive, immoral or anti-constitutional content or content that is in contradiction of youth protection legislation or advertising offers for and/or selling pornographic, violence-glorifying, abusive, immoral, anti-constitutional goods or services that is in contradiction of youth protection legislation;
  • the use of legally protected content (e.g. copyright, trademark, patent, registered-design or utility model law) without being entitled to do so, or the advertising, offering and/or sale of legally protected goods or services, also without being entitled to do so;
  • recording, processing or using personal data that is in contradiction of data-protection legislation.

5.7 Big Dutchman makes the service available to the user free of charge in the same form as when the user used the service for the first time, or in the case of the app, when it was downloaded for the first time. No claims may be pursued with respect to issues regarding properties, functionality or operating-system compatibility. In this particular case, Big Dutchman strives to assure the greatest possible level of compatibility of the service with other hardware and software; due to the constant and varied developments taking place, Big Dutchman is simply not in a position to be able to assure complete or permanent compatibility.

5.8 Third-party components and other software components of the service that have been implemented in the app are only licenced for use together with the service, and may not be used separate from the service.

5.9 Big Dutchman strives to ensure that the service always corresponds to the very latest state-of-the-art technological standards. Due to the fact that the service is constantly being developed further, it can happen that future versions of FarmBookpro will have higher minimum technological requirements with respect to the hardware (e.g. the end use device) or the software that runs on it in order to guarantee the correct operation of the service.

5.10 The provisions of Clause 5 are also used for possible updates to the service if, and to the extent, that these are not subject to other terms of use. The users are made aware of the special terms of use.

 

6 Regulations when using the service via the app

6.1 Big Dutchman offers the FarmBookpro app as a free service.

6.2 The app is currently available to download for free in the Google Play Store or the Apple iTunes Store and can be installed on the user’s respective electronic device.

6.3 New versions of the app will be added in the corresponding app stores. In order to be able to (continue to) use the app, the user must always have the very latest version of the app installed on their end user device for security and business organisational reasons. As soon as an update is available, the user will receive a corresponding message.

6.4 Once the user account has been set up, data can be recorded both online and offline. A synchronisation of the data between various mobile end user devices or between the mobile end user devices and the central server is only possible when an internet connection exists. Without an internet connection, data may not be synchronised, which could lead to the data having different values. The user must ensure that there is sufficient local memory space available on the end user device used.

6.5 Big Dutchman reserves the right to completely cease operation of the app as an additional free service.

 

7 What the service costs

7.1 The service can be used for free.

7.2 The users are made aware that depending on the provider and the stipulations of the corresponding telecommunications contract between the respective user and their respective provider, connection charges arising from the downloading of the app and using the service can accrue, and which are irrespective of the actual use.

 

8 FarmBookpro operating and availability hours

8.1 The operating times of the service are 24 hours a day, Monday to Sunday.

8.2 The service is offered to the user subject to availability. Big Dutchman strives to exert its influence in order to ensure a high availability of the service up to the point in time for the handover. Big Dutchman is not, however, obligated to provide a minimum level of availability. The handover point is located at the interface of the service to other networks. Not relevant are the downtimes due to necessary maintenance and care works and cases of force majeure (such as strikes, war and war-like circumstances, terrorism, attacks, acts of sabotage, extraordinary natural events such earthquakes, floods, etc.).

 

9 Obligation to cooperate on the part of the user

9.1 In order to be able to use the service, the user requires a suitable electronic device such as a smartphone, tablet or PC with internet access. The users are themselves responsible for creating the conditions in which the service can be used.

9.2 Big Dutchman is not responsible for the manufacture and maintenance of the data connection between the IT system of the user and the handover point (i.e. the interface of the data network operated by Big Dutchman to other networks).

9.3 The user is obligated to prevent unauthorised access by third parties of the protected area of the service by taking appropriate precautions. For this purpose, the user will, to the extent required, inform their employees about the compliance with copyright law.

9.4 Prior to using the service, the user has to ensure that suitable safety precautions have been taken (in particular by using a current version of the operating system on their end user device, the use of a current virus-protection programme that corresponds with the very latest state-of-the-art standard, the immediate installing of patches and updates of the software used, etc.).

9.5 The user is alone responsible for the entry, maintenance and use of the data and information required to be able to use FarmBookpro.

 

10 Granting a licence through the user

10.1 The user grants Big Dutchman the non-exclusive, territorially unlimited right to use the photographs and image recordings that the user may have added to their data at no charge, to the extent that is required in order to be able to provide and execute the service. This includes, in particular, the recording as well as the uploading of photographs and image recordings via the app or the website, as well as the saving on the server and the provision of such content as part of the service.

10.2 The granting of rights under Clause 10.1 of these terms of use consists of all currently known and unknown types of use that are or will be required for the purposeful and/or technical execution of the service, even when they arise due to new legislation or for other reasons after the photographs and image recordings have been uploaded.

10.3 After ending the usage relationship, the rights granted under clause 10.1 of these terms of use with respect to the photographs and image recordings that the user uploaded lapse.

 

11 Liability for damages

11.1 According to the statutory provisions, Big Dutchman is liable for loan contracts, in other words only for intent, malice and gross negligence, and unlimitedly in accordance with the product liability law.

11.2 The user is obligated to inform Big Dutchman immediately, at least in writing, about incidences such as damage or give Big Dutchman the opportunity to record these in order that Big Dutchman is informed in good time so that they can possibly attempt to minimise the damage in collaboration with the user.

11.3 Big Dutchman is only liable for the recovery of data when the user has taken all the necessary and appropriate data protection precautions and has ensured that the data can be reconstructed from data material that is kept ready in a machine-readable form with a reasonable amount of effort.

11.4 These liability regulations are final. These also apply with respect to all claims for damages, irrespective of their legal ground, in particular, also for pre-contractual or auxiliary-contractual claims.

11.5 The above limitations of liability shall also apply in the case of a violation of duties of the legal representatives or the vicarious agents of Big Dutchman. To the extent that a liability of Big Dutchman is excluded according to the above provisions, this shall also apply to the personal liability of the employees and vicarious agents of Big Dutchman.

 

12 Exemption

12.1 The user pledges to respect these terms of use as well as all applicable laws and all other legal provisions of the Federal Republic of Germany when using the service.

12.2 In the event that the user infringes the principles mentioned above and if they are responsible for this, the user shall be obliged to release Big Dutchman from any claims of a third party due to such an infringement. This shall not affect the assertion of claims for damages and other claims.

 

13 Runtime and ending of the usage relationship / statute of limitations

13.1 The usage relationship begins when the user accepts these terms of use and runs for an indefinite period.

13.2 The usage relationship can be terminated at any time by the user or Big Dutchman without observing a notice period. The user terminates their use of the service by deleting their user account.

13.3 The right to extraordinary termination of the agreement for cause according to Section 314 of the German Civil Code (BGB) remains unaffected by this.

13.4 Big Dutchman is furthermore entitled to cease providing the service either in part or completely at its own discretion. In the case that Big Dutchman decides to discontinue the operation of the service, app or the website, the usage possibilities mentioned herein shall be cancelled.

13.5 A statute of limitations of one year exists with respect to all the user’s claims starting from the legal beginning of the statute of limitation period.

 

14 Blocking access

Big Dutchman is entitled at all times to block a user’s access to the app or the website either temporarily or permanently, (i) if the respective user infringes or has infringed the terms of conditions or applicable law while using the app, or (ii) if Big Dutchman otherwise has a legitimate interest in blocking said access. In this connection Big Dutchman shall take into consideration the justified interests of the user. Another justified interest shall in particular exist if there is a suspicion that unauthorized access to the respective system is intended or took place.

 

15 Changes to the terms of use, as well as the service, app or website

15.1 Big Dutchman strives to ensure that the service always meets the state-of-the-art technological standards, as well as the current users’ requirement profile and the relevant market. Against this background, Big Dutchman is entitled to regularly expand / limit the spectrum of tasks and functions that the service provides, or to change these if this should become necessary in order to adapt to new technical or market-specific needs or to implement new functions. This includes regular updates, upgrades or patches of the service, app or website. We will inform the user in time in advance about any planned updates or upgrades to the greatest extent possible. It can happen, in particular, that an advance notification does not take place if an update or an upgrade is supposed to urgently rectify malfunctions of the service.

15.2 Big Dutchman also reserves the right to make possible amendments to these terms of use. Big Dutchman will notify the user about these amendments at the latest four weeks prior to them becoming effective. If the user does not object to the amendments in writing within a deadline period of two weeks from the time the notification of the amendments is received, these amendments will become a fundamental part of the contract. Big Dutchman will make the user aware of the aforementioned deadline period and the legal consequences of not availing of this possibility to lodge an objection, each time amendments are announced. If the user should object to the amendment, the usage relationship continues to apply under the conditions in place up to then; however, Big Dutchman may potentially terminate the usage relationship in accordance with the regular notice period. The amendment in question can only be effectively agreed upon in accordance with Clause 15.2 if this does not lead to a fundamental shift in the relationship between performance and counter-performance that is to the detriment of the user.

 

16 Final clauses

16.1 The laws of the Federal Republic of Germany apply for all terms of use, as well as all legal relationships between the user and Big Dutchman, under exclusion of German and European International Private Law and the UN Convention on the International Sale of Movable Goods.

16.2 Exclusive jurisdiction for all disputes arising from or in connection with these terms of use as well as their assertion shall be Vechta. However, Big Dutchman shall be entitled to have recourse to the court at the domicile of the user.

16.3 If individual provisions of these terms of use should be or become invalid or unenforceable this shall not affect the validity of the remaining provisions. In the case of an invalid / unenforceable provision the user and Big Dutchman shall be obliged to negotiate a valid / enforceable and reasonable replacement regulation that comes closest to the intended economic purpose of the invalid/unenforceable provision. This provision shall apply accordingly for closing contractual gaps. The invalid regulation will be replaced with the respective statutory regulations otherwise.

Last updated: 14 June 2017

 

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