SmartStriker-X System Terms and Conditions
These Terms and Conditions (« T&C ») constitute a legal agreement between you (hereinafter referred to as « User ») and Carbon Bee (hereinafter referred to as « Company ») governing the use of the SmartStriker-X system, including the hardware devices made of main ECU, connected sensors, other opttional hardware devices, embedded software, 4G connectivity, remote updates, and data collection. By using the SmartStriker-X system, you agree to comply with these T&C.
1. Acceptance of T&C
By using the SmartStriker-X system, the User acknowledges having read and accepted these T&C in their entirety.
2. License Grant
a. License Activation: The User is granted a non-exclusive, non-transferable license to use the SmartStriker-X system, including its embedded software, hardware, and associated services, solely for their own purposes.
b. Payment Requirement: This license is effective and fully granted to the User only upon the successful completion of any required payment as specified by the Company or its authorized distributors.
c. Scope of License: The license encompasses the use of the SmartStriker-X system as intended by the Company, subject to the terms and conditions of this agreement. Any additional features or functionalities not explicitly covered by this agreement may be subject to separate terms and fees.
d. License Restrictions: The User shall not:
i. Reverse engineer, decompile, disassemble, or attempt to derive the source code of the SmartStriker-X system.
ii. Create derivative works based on the SmartStriker-X system.
e. Non-Transferable: This license is non-transferable, and the User may not sublicense, assign, or otherwise transfer their rights to use the SmartStriker-X system to any third party without the prior written consent of the Company.
f. Ownership: The Company retains all intellectual property rights, including copyrights, trademarks, and trade secrets, associated with the SmartStriker-X system.
g. License Term: The license granted to the User shall remain in effect until terminated in accordance with the provisions of this agreement.
3. Ownership
a. Intellectual Property Ownership: The SmartStriker-X system, including all of its components, hardware, embedded software, and associated services, is and shall remain the exclusive property of Carbon Bee. This includes, but is not limited to, all intellectual property rights, including copyrights, trademarks, trade secrets, patents, and any other proprietary interests associated with the system.
b. License and Ownership Distinction: The User’s use of the SmartStriker-X system is subject to the license granted under Section 2 of these Terms and Conditions. This license does not transfer ownership of the system to the User and is limited to the terms outlined in this agreement.
c. Protection of Ownership: The User acknowledges and agrees not to engage in any activities that may infringe upon the intellectual property rights, trademarks, or proprietary interests of the Company. This includes, but is not limited to, any attempts to reverse engineer, decompile, disassemble, or create derivative works from the SmartStriker-X system.
d. Enforcement of Rights: The Company reserves the right to take appropriate legal action to protect its intellectual property rights and proprietary interests, including pursuing remedies available under applicable laws and regulations.
4. License Restrictions
The User shall not:
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the SmartStriker-X system.
- Create derivative works based on the SmartStriker-X system.
By agreeing to these T&C, the User acknowledges and agrees to refrain from engaging in any activities that involve reverse engineering, decompiling, disassembling, or creating derivative works from the SmartStriker-X system. Violation of this provision may result in the termination of access to the system and may subject the User to legal action.
5. Remote Updates
a. Automatic Updates: The Company may, at its discretion, remotely update the embedded software and associated detection algorithms on the SmartStriker-X system. These updates may include, but are not limited to, bug fixes, feature enhancements, and security improvements.
b. User Consent: By using the SmartStriker-X system, the User consents to the installation of these automatic updates and acknowledges that they are essential for maintaining the system’s functionality, security, and performance.
c. Notification: The Company may, where feasible, notify the User in advance of scheduled updates or provide information about updates that have occurred.
d. Impact on System Performance: The Company will make reasonable efforts to ensure that updates do not adversely affect the normal operation of the SmartStriker-X system. However, the User acknowledges that updates may introduce changes to system behavior or features.
e. Compatibility: The User understands that the effectiveness and compatibility of the SmartStriker-X system may be influenced by the installation of updates and should take this into consideration when using the system.
f. Rollback: In the event that an update causes issues or disruptions, the User should contact Customer Support (as provided in the Contact Information section) for assistance.
g. No Liability: The Company shall not be liable for any damages or losses resulting from the installation of updates, including, but not limited to, disruptions in system operation or compatibility issues.
6. Data Collection and Privacy
a. Data Collection Purpose: The Company may collect data from the SmartStriker-X system, including but not limited to raw weeds and crop pictures, usage statistics, performance data, and system logs. The primary purpose of data collection is to:
- Improve the performance, reliability, and features of the SmartStriker-X system.
- Identify and address issues, bugs, or errors in the system.
- Enhance product quality, user experience, and support services.
b. Data Security: The Company will take reasonable measures to secure the collected data against unauthorized access, disclosure, or alteration. However, the Company cannot guarantee the security of data transmitted over the internet.
c. Data Retention: The Company shall retain collected data for a period necessary to fulfill the purposes mentioned in section 6a unless a longer retention period is required by applicable law.
d. User Rights:
- The User has the right to request information about the data collected by the SmartStriker-X system and how it is used.
- The User may request the deletion of their data from the system, subject to any legal obligations of data retention.
e. Third-Party Services: The SmartStriker-X system may utilize third-party services or tools for data collection, analysis, or other purposes. Such third-party services may have their own privacy policies, and the User is encouraged to review these policies for additional information.
f. Consent: By using the SmartStriker-X system, the User consents to the collection and processing of data as described in this section.
g. Privacy Inquiries: For inquiries, requests related to data privacy, or to exercise user rights, the User may contact the Company’s designated Data Privacy Officer (as provided in the Contact Information section).
7. Termination
a. Termination by User: The User may terminate their use of the SmartStriker-X system at any time by discontinuing its use.
b. Termination by the Company: The Company reserves the right to terminate or suspend the User’s access to the SmartStriker-X system with or without notice, at its sole discretion, for reasons including but not limited to:
- A breach of these Terms and Conditions or any other agreement between the User and the Company.
- Non-compliance with applicable laws, regulations, or guidelines.
- Activities that may harm the integrity, security, or performance of the system.
- Violation of intellectual property rights or proprietary interests of the Company.
c. Effect of Termination:
- Upon termination, the User must cease all use of the SmartStriker-X system and, if applicable, return any physical components or materials associated with the system.
- Termination does not relieve the User of any obligations or liabilities incurred prior to termination, including any payment obligations.
d. Survival of Certain Provisions: Sections related to Ownership, Warranty Disclaimer, Limitation of Liability, Governing Law, Entire Agreement, and any other sections intended to survive termination shall continue to be in effect even after termination.
e. Notification: In the event of termination by the Company, the Company may notify the User of such termination and provide reasons for the termination where possible.
f. Appeal: If the User believes that the termination by the Company is in error or wishes to appeal, they may contact the Company’s designated contact point for dispute resolution (as provided in the Contact Information section).
8. Warranty Disclaimer
a. No Express or Implied Warranties: The SmartStriker-X system is provided « as is, » and the Company makes no representations or warranties, whether express, implied, or statutory, regarding the system, including but not limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.
b. Use at User’s Risk: The User acknowledges and agrees that the use of the SmartStriker-X system is at their sole risk. The Company does not warrant that the system will meet the User’s requirements or operate without interruption or errors.
c. No Guarantees of Specific Outcomes: The Company does not guarantee specific results, including but not limited to the effectiveness of weeding treatment, crop yield improvements, or the impact of weather conditions on the system’s performance. Agricultural outcomes may vary based on numerous factors beyond the Company’s control.
d. Responsibility for Evaluation and Use: The User is responsible for evaluating the suitability of the SmartStriker-X system for their specific agricultural purposes. The User assumes all responsibility for the selection, installation, and use of the system and for any consequences arising from its use.
e. No Obligation for Support: The Company is not obligated to provide support, maintenance, updates, or modifications to the SmartStriker-X system, although it may choose to do so at its discretion.
f. No Liability for Loss or Damage: The Company shall not be liable for any loss, damage, or harm, whether direct, indirect, incidental, special, exemplary, or consequential, arising from the use or inability to use the SmartStriker-X system, including but not limited to losses associated with crop damage, financial losses, or any other form of harm.
g. Consultation with Experts: The User is encouraged to seek advice from agricultural experts, agronomists, and local authorities to make informed decisions regarding the application and use of the SmartStriker-X system, taking into consideration specific agricultural conditions and best practices.
9. Limitation of Liability
The Company shall not be liable for any direct, indirect, incidental, special, exemplary, or consequential damages arising from or related to:
a. The failure of weeding treatment using chemical treatment, including but not limited to, ineffective weed control, unintended impact on crops, or other agricultural outcomes.
b. Adverse weather conditions, including but not limited to, wind, temperature fluctuations, or other weather-related factors that may affect the effectiveness of the SmartStriker-X system.
The User acknowledges that the SmartStriker-X system’s performance may be influenced by various factors, including but not limited to, the quality and application of chemicals, weather conditions, and agricultural practices. The Company does not guarantee specific results or outcomes, and the User assumes responsibility for the use of the system in their specific agricultural context.
The User is encouraged to exercise caution and consult with agricultural experts and relevant authorities to make informed decisions regarding the use of the SmartStriker-X system, taking into account local conditions and best practices.
10. Governing Law
a. Applicable Law: These Terms and Conditions and any disputes arising out of or related to the SmartStriker-X system and its use shall be governed by and construed in accordance with the laws of France, excluding any conflict of law principles.
b. Jurisdiction: Any legal action or proceeding arising from or related to this agreement shall be subject to the exclusive jurisdiction of the competent courts located within France, and the User consents to the personal jurisdiction of such courts.
11. Entire Agreement
a. Comprehensive Agreement: These Terms and Conditions constitute the entire agreement between the User and the Company regarding the use of the SmartStriker-X system and supersede all prior agreements, understandings, representations, and discussions, whether oral or written, regarding the subject matter herein.
b. No Oral Modifications: No oral statements, representations, or promises made by any party or representative of the Company, whether in person or over communication channels, shall have any legal effect or modify the terms of this agreement unless expressly documented in writing and agreed upon by both parties.
c. No Reliance on Other Statements: The User acknowledges that they have not relied on any statements, representations, or promises other than those expressly set forth in these Terms and Conditions in entering into this agreement.
d. Severability: In the event that any provision of these Terms and Conditions is found to be unenforceable or invalid, as outlined in Section 15 (Severability), the remaining provisions of this agreement shall remain in full force and effect.
12. Contact Information
a. General Inquiries and Support:
For general inquiries, technical support, or questions related to the SmartStriker-X system, please contact our Customer Support team at “support@carbonbee.fr”.
b. Data Privacy Officer:
For matters related to data privacy, requests for information about data collection, or to exercise user rights as outlined in Section 5e, you may contact our Data Privacy Officer at: “contact@carbonbee.fr”
c. Dispute Resolution:
If you have any concerns or disputes related to the SmartStriker-X system or these Terms and Conditions, please contact our designated dispute resolution point at “contact@carbonbee.fr”.
13. Compliance with Laws
The User agrees to comply with all applicable laws, regulations, and guidelines when using the SmartStriker-X system.
14. Modifications to T&C
a. Company’s Right to Modify: The Company reserves the right to modify, amend, or update these Terms and Conditions at its sole discretion. Any changes to the Terms and Conditions will be effective immediately upon posting on the Company’s official website or other designated platform. The User’s continued use of the SmartStriker-X system after such modifications shall constitute their acceptance of the updated Terms and Conditions.
b. Notification of Changes: While the Company may make efforts to notify Users of significant changes, it is the User’s responsibility to regularly review the Terms and Conditions for updates. The date of the latest revision will be provided at the beginning of the document for reference.
c. User’s Right to Reject Changes: If the User does not agree with the modified Terms and Conditions, they have the right to discontinue their use of the SmartStriker-X system. In such cases, any prepaid fees for access to the system will be refunded as per the Company’s refund policy.
d. Continued Use: The User’s continued use of the SmartStriker-X system following the posting of modified Terms and Conditions indicates their acknowledgment and acceptance of the changes.
e. Severability: In the event that any provision of these Terms and Conditions is found to be unenforceable or invalid, as outlined in Section 15 (Severability), it shall not affect the validity or enforceability of any modifications to other provisions of these Terms and Conditions.
15. Severability
a. Intent: It is the intent of the parties that if any provision or part of these Terms and Conditions is held to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions and parts of these Terms and Conditions shall continue to be in full force and effect.
b. Modification of Unenforceable Provisions: In the event that any provision or part of these Terms and Conditions is found to be unenforceable or invalid, the parties agree that such provision or part shall be modified to the extent necessary to make it enforceable, valid, and consistent with the original intent of the parties.
c. Effect on Other Provisions: The invalidity or unenforceability of any provision or part of these Terms and Conditions shall not affect the validity or enforceability of any other provision or part, which shall remain in full force and effect.
d. Waiver of Severability: The failure of either party to enforce any provision or exercise any right provided in these Terms and Conditions shall not be deemed a waiver of that provision or right, nor shall it prevent the party from enforcing that provision or right in the future.
16. User Acknowledgment
The User acknowledges that they have read, understood, and agreed to abide by these T&C.
These T&C are subject to change, and it is the User’s responsibility to regularly review them for updates. If the User does not agree to these T&C, they should discontinue the use of the SmartStriker-X system.