Welcome to Agritix
This is an express version of our Terms. Effective September 29, 2020 We at Agritix have drafted these Terms of Service (“Terms”) so you, as user would know the rules that govern our relationship with you. These Terms form a legally binding contract between you and Agritix. Please read them carefully. By using any of our other products or services that link to these Terms (refer to these simply as the “Services”), you agree to the Terms. Do not use the Services if you do not agree these Terms. By using our Services, you are assumed to accept and to be bound by these Terms. ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND Agritix AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND Agritix WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Rights Granted to User
Agritix grants you a personal, worldwide license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
2. Rights Granted to Us
Many of our Services let you create, upload, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content.
As of our latest update, all registered accounts with us including Xylorix accounts are referred as Agritix account here. You are responsible for any activity that occurs in your Agritix account. It is important to keep your account secure. One way to do that is to select a strong password that you don’t use for any other account. By using the Services, you agree that, in addition to exercising common sense: • You will not create more than one account for yourself. • You will not create another account if we have already disabled your account, unless you have our written permission to do so. • You will not buy, sell, rent, or lease access to your Agritix account, a Agritix username, or a friend link without our written permission. • You will not share your password. • You will not log in or attempt to access the Services through unauthorized third-party applications or clients. If you think that someone has gained access to your account, please immediately reach out to Agritix Support.
5. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. Please contact your service provider before using the Services should you have any problems regarding the charges may incur.
6. Modifying the Services and Termination
Agritix is relentlessly improving Services and creating new ones all the time which means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. While we hope you remain a lifelong Agritix user, you can terminate these Terms at any time and for any reason by requesting us to delete your account. Agritix may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Agritix, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE Agritix ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. Agritix TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH Agritix WILL BE RESPONSIBLE FOR.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Agritix AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF Agritix HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Agritix’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID Agritix, IF ANY, IN THE LAST 12 MONTHS.
10. Additional Terms for Specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. If any part of those additional terms and conditions conflicts with these Terms, the additional terms and conditions will prevail.
11. Final Terms
• These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and Agritix, and supersede any prior agreements. • These Terms do not create or confer any third-party beneficiary rights. • If we do not enforce a provision in these Terms, it will not be considered a waiver. • We reserve all rights not expressly granted to you. • You may not transfer any of your rights or obligations under these Terms without our consent.