Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of the AgDiary farm management platform ("Service") operated by Out West AI Pty Ltd (ABN 84 695 421 615) ("AgDiary", "we", "us"). By creating an account or using the Service, you agree to be bound by these Terms.

2. Eligibility

You must be at least 18 years of age to use AgDiary. By using the Service, you represent that you have the legal authority to enter into this agreement on behalf of yourself or the enterprise you represent.

3. Account Responsibilities

• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activities that occur under your account.
• Enterprise owners and admins are responsible for managing user access and permissions within their workspace.
• You must provide accurate and current information when creating your account.
• You must notify us immediately if you suspect unauthorised access to your account.

4. Subscription & Billing

• AgDiary offers subscription plans with varying features and pricing.
• New enterprises receive a 3-month free trial from the date of account creation.
• After the trial period, your selected plan will be billed monthly or annually as chosen.
• Annual billing includes a 20% discount compared to monthly billing.
• We reserve the right to change pricing with 30 days' notice.
• Non-payment may result in suspension or termination of your account.

5. Your Data

• Ownership: You retain full ownership of all farm data, records, and content you enter into AgDiary.
• Licence: You grant us a limited licence to store, process, and display your data solely for the purpose of providing the Service.
• Export: You may export your data at any time via the Reports section.
• Privacy: Our collection and use of your data is governed by our Privacy Policy.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorised access to other users' data or enterprise workspaces
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use automated scripts or bots to access the Service without our written permission
• Upload malicious content, viruses, or harmful code
• Interfere with or disrupt the Service's infrastructure

7. AI Assistant

AgDiary includes an AI assistant ("Jack") that helps with diary entries and data queries. Please note:

• Jack's responses are generated by artificial intelligence and may not always be accurate.
• Jack can create diary entries and search your data on your behalf when instructed.
• You are responsible for reviewing and verifying any actions taken by the AI assistant.
• Do not rely solely on AI-generated information for critical farm management decisions.

8. Service Availability

• We aim to maintain high availability but do not guarantee uninterrupted service.
• We may perform scheduled maintenance with reasonable advance notice.
• We are not liable for any losses resulting from service downtime or interruptions.

9. Limitation of Liability

To the maximum extent permitted by Australian law:

• AgDiary is provided "as is" without warranties of any kind, express or implied.
• We are not liable for any indirect, incidental, or consequential damages arising from your use of the Service.
• Our total liability for any claim related to the Service shall not exceed the amount you paid for the Service in the 12 months preceding the claim.
• AgDiary is a record-keeping and management tool. We do not provide veterinary, agricultural, legal, or financial advice. Always consult qualified professionals for such matters.

10. Termination

• You may cancel your account at any time by contacting us.
• We may suspend or terminate your account for violation of these Terms.
• Upon termination, your data will be retained for 90 days (see our Privacy Policy for details).

11. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or a notice within the platform at least 14 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance.

12. Governing Law

These Terms are governed by the laws of Queensland, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Queensland.

13. Third-Party Data & Attributions

AgDiary integrates open and licensed third-party data to power mapping, vegetation analysis and other features. Your use of the Service is also subject to the licence terms of these providers, summarised below:

• Copernicus Sentinel-2 satellite data — NDVI overlays, Feed-on-Offer (FOO) estimates, biomass indices, growth rates, paddock condition and any other satellite-derived layers shown in AgDiary are produced from Copernicus Sentinel-2 imagery, accessed via the Copernicus Data Space Ecosystem under the Copernicus Sentinel Data Terms and Conditions. AgDiary modifies and processes this raw imagery (e.g. computing NDVI, applying calibration, aggregating to paddock geometry). All Sentinel-derived outputs are credited as "Contains modified Copernicus Sentinel data [current year]". The European Union, the European Space Agency, and the Copernicus programme do not endorse AgDiary or any analyses, interpretations, or decisions made on the basis of Sentinel-derived products shown in AgDiary.
• Base map tiles — Standard street maps are provided by OpenStreetMap contributors under the Open Database Licence (ODbL). Aerial / satellite base layers are provided by Esri ArcGIS Online (World Imagery), sourced from Esri, Maxar, Earthstar Geographics and the GIS user community.
• Government vegetation and biota layers — Optional vegetation overlays are served live from the relevant state and Commonwealth agencies, including the Queensland Government (Vegetation Management), NSW Government (SVTM), Victorian Government, the Department of Climate Change, Energy, the Environment and Water (NVIS), the Western Australian Government and the Tasmanian Government. These layers remain the property of, and are licensed by, the respective issuing authorities.

No warranty on satellite-derived metrics. Satellite imagery and any indices we compute from it (NDVI, FOO, biomass, growth rates, carrying capacity, pasture condition) are estimates only. They are influenced by cloud cover, sensor revisit times, atmospheric conditions, calibration assumptions and the limits of remote-sensing models. They are not a substitute for ground truthing, professional agronomic advice, or qualified pasture assessment. You must not rely solely on satellite-derived metrics for stocking, sale, agistment, drought-management, financial or compliance decisions.

14. Contact

Out West AI Pty Ltd
ABN 84 695 421 615
Email: nyssa@outwest.ai