App Terms of Use
These terms cover the Smart Bin Opener app on the web at sbo.skfarmsystems.com, on Google Play, and on the Apple App Store once available.
Effective date: [to be set at publication]
1. Agreement
These App Terms of Use are an agreement between you and SK Farm Systems [legal entity name to be added upon incorporation] ("we," "us") for your use of the Smart Bin Opener app and related services (the "app"). By signing in to or using the app, you agree to these terms.
If your organization, such as a farm, feed mill, or delivery company, has a separate written agreement with us, that agreement controls where it conflicts with these terms. If you use the app on behalf of an organization, you confirm that you're authorized to do so.
2. Development status
The Smart Bin Opener hardware and app are in development. Features may be incomplete, may change, or may be removed, and the app may have errors or interruptions. Features described as planned, such as GPS and Wi-Fi in the opener hardware, aren't available until we announce them.
3. Accounts and access
- Accounts are created by us or by your organization's administrator. Your organization decides which farms and bins you can access.
- Keep your sign-in details private, and don't share your account. You're responsible for activity under your account. Tell us or your administrator right away if you suspect unauthorized use.
- Activity in the app, including lid openings and closings, is recorded with your user name and the time, and can be seen by authorized people in your organization.
4. Safe operation
The app controls physical equipment. You agree to:
- open or close a lid only when it's safe to do so, and only when you're authorized to;
- follow your organization's procedures, its biosecurity plan, applicable safety rules, and the equipment instructions;
- not rely on the app as your only way to confirm lid status, and check the bin directly when it matters, such as before weather, during a delivery, or when status looks wrong; and
- stop using the app and report the problem if equipment doesn't respond as expected.
The app supports your biosecurity and safety practices. It doesn't replace them. Manual-override detection records that a lid was opened without the app. It doesn't identify who opened it.
5. Acceptable use
You agree not to:
- access farms, bins, or data you aren't authorized to access, or help someone else do so;
- interfere with, probe, or overload the app or the opener devices, or try to bypass security or access controls;
- reverse engineer the app, except where the law allows it despite this restriction;
- enter false information, or tamper with activity logs; or
- use the app in violation of any law.
6. Connectivity and third-party services
The app and opener depend on things outside our control, including cellular coverage, internet access, Bluetooth, power at the site, and third-party hosting, mapping, and messaging services. Commands, status updates, and alerts may be delayed or fail. Plan your operations so that a delay or failure doesn't create a safety or biosecurity risk.
7. Data and privacy
Our Privacy Policy explains what the app collects and how we use it. To request access to or deletion of your account or data, use our contact form and choose "Privacy / Account Deletion Request." Submitting a request doesn't automatically delete your account. We'll follow up by email.
8. License
Subject to these terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the app for your organization's internal operations. We and our licensors keep all rights in the app, the opener firmware, and related materials. If you send us feedback, we may use it without any obligation to you.
9. App store terms
Google Play
If you download the app from Google Play, you also agree to Google Play's terms of service. If those terms conflict with these terms regarding your use of Google Play, Google's terms control for that purpose.
Apple App Store (when available)
If you download the app from the Apple App Store, the following also applies:
- These terms are between you and us only, not Apple. We, not Apple, are solely responsible for the app and its content.
- Your license is limited to using the app on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the app. Any other claims, losses, liabilities, damages, costs, or expenses from a failure to conform to a warranty are our responsibility, to the extent not disclaimed in these terms.
- We, not Apple, are responsible for addressing any claims by you or a third party relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and consumer protection or privacy claims.
- If a third party claims that the app infringes its intellectual property rights, we, not Apple, are responsible for the investigation, defense, settlement, and discharge of that claim.
- You confirm that you're not located in a country subject to a US Government embargo or designated as "terrorist supporting," and that you're not on any US Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms, such as your wireless data service agreement, when using the app.
- Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept these terms, Apple has the right to enforce them against you as a third-party beneficiary.
Questions, complaints, or claims about the app should be directed to us through our contact form.
10. Disclaimers
To the extent allowed by law, the app is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We don't warrant that the app will be uninterrupted, error-free, or always accurate, or that it will prevent disease, injury, or loss. Any warranty for hardware will be stated in a separate written agreement.
11. Limitation of liability
To the extent allowed by law, we won't be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, animals, feed, or data, arising from the app. Our total liability for any claim related to the app is limited to the greater of the amount you paid us for the app in the 12 months before the claim or [amount to be confirmed: one hundred US dollars (US$100)]. Some jurisdictions don't allow certain limitations, so some of these may not apply to you.
12. Suspension and termination
We or your organization may suspend or end your access, for example if you leave the organization, misuse the app, or create a safety or security risk. Sections that by their nature should survive, such as disclaimers and limits of liability, survive termination.
13. Governing law
These terms are governed by the laws of [state to be confirmed], without regard to conflict-of-law rules. Any dispute will be brought in the state or federal courts located in [venue to be confirmed], unless applicable law requires otherwise.
14. Changes and contact
We may update these terms as the app develops. We'll post the updated version here with a new effective date, and we'll give notice in the app for significant changes where appropriate. Questions? Use our contact form.