Combyne is a crop marketing management tool dedicated to helping farmers optimize the value of every bushel. Combyne owns and operates www.combyne.ag and www.GrainUnitConverter.com, (collectively, the “Websites,”) as well as the Combyne mobile applications found on the Apple App Store and the Google Play Store (collectively, the “Apps.”)
This Agreement governs your use of the Websites, Apps, products, and services offered by Combyne, including our plug-ins and embedded content made available on other sites (collectively, the “Services”).
Your Acceptance of These Terms
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, BROWSING, OR POSTING ON THE WEBSITES OR APPS. BY USING COMBYNE, YOU HEREBY AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THIS AGREEMENT AND ALL OTHER AGREEMENTS INCLUDED BY REFERENCE IN ANY OF THE FOREGOING.
1. Using the Combyne Platform
- You must be at least the age of majority in the state or province where you live to use Combyne.
- When using Combyne, you agree to abide by common standards of etiquette and act in accordance with the law.
- Combyne Services are for business use only.
- We welcome your feedback and suggestions about how to improve Combyne and encourage you to submit feedback. By submitting feedback in any manner to us, you agree to grant us the right, at our discretion, to use or disclose your feedback, in whole or part, without any restrictions or any compensation to you.
2. Your Data
- Combyne enables you to input information about yourself, your business, and agricultural product trade, including, without limitation, crop inventories, contract details, prices, quantities of a specific type crop, quality factors and other characteristics of the crops you manage, as well as associated photos, documents, and comments for your own use. This information is collectively referred to as your “Data” and described in more detail in Combyne’s Data Use Policy.
3. Our Content and Materials
- All intellectual property in or related to Combyne (specifically including, but not limited to, our software, our logos, buttons, badges, and widgets), is the property of Combyne or is licensed to Combyne for the purpose of providing the Services ("Our Content and Materials").
- Please note that Combyne enables access to third-party content, products and services, and that Combyne offers interactions with third-parties over which we have no control. We assume no responsibility for, nor do we endorse or guarantee the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). Participation or availability on Combyne does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any information posted on Combyne by anyone. Users are fully responsible for verifying the accuracy of any information provided through Combyne.
- You acknowledge and agree that the Services and all its features and functions are the property of Combyne. The content, information and services made available on Combyne are protected by Canadian, U.S., and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that use of Combyne does not entitle you to any ownership rights in Combyne or to the content provided within Combyne.
4. Payment TermsIf you subscribe to any fee-based Combyne Services, your terms of service include these general Terms of Service, plus any Additional Terms relating specifically to such fee-based services disclosed to you at the time of subscription, including but not limited to the prices, charges, and terms and conditions provided to you in marketing and informational material associated with the Combyne Services or on the Combyne website, all of which are hereby incorporated by reference. Your order for fee-based Combyne Services will become effective once we have processed and accepted your order. You agree to pay when due, all amounts set forth in the applicable order for any fee-based Combyne Services and, at the time of renewal, the applicable subscription fees for any renewed Combyne Service subscription, plus applicable taxes (unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority). If your subscription fee payment is overdue, we may suspend your account access until such amounts are paid in full. If you place an order for a fee-based Combyne Service, you can use that Combyne Service only until your subscription for that Combyne Service ends.
5. Use of 3rd Party Payment Vendors
Combyne may use third party payment processing vendors, including Stripe Payments Company to facilitate fees paid to Combyne. By using the Services to pay any such Fee, you agree to be bound by the processing vendor’s Terms of Service. When you specify a method of payment and provide your credit card, debit card, or bank-account information to Combyne or our designated payment processing vendor (whichever is applicable), you authorize us to process your payment for Combyne Services using the account information you provide.
6. Automatic Renewal of Combyne Services
Except as otherwise specified in the applicable order, each subscription for fee-based Combyne Services will automatically renew at the end of its initial term and subscription period thereafter until canceled. Prior to the renewal of your fee-based Combyne Services, Combyne will send you a reminder of your upcoming subscription renewal, including the amount due and date of payment. Combyne reserves the right to change the subscription fees for Combyne Services at any time. Unless otherwise provided in the applicable order, the subscription fees for any renewed subscription will be the applicable price for such Combyne Service in effect when the subscription renews. We will notify you of the applicable subscription fees, including any changes in subscription fees, prior to renewal of your subscription by posting the current applicable prices for Combyne Services to our website, app, and/or providing notice via email.
7. Canceling Your Subscription
If you do not agree to the then-applicable subscription renewal fees, or if for any other reason at any time during a billing cycle, if you decide not to renew your subscription to any fee-based Combyne Service, you may cancel the auto-renewal of your subscription by (i) using the Account Settings features in the Combyne Website or App; (ii) calling Combyne Customer Support at 1-855-332-7653 during regular business hours (generally, 8:00 AM to 5:00 PM Eastern Time Monday-Friday except public holidays); (iii) sending an e-mail to firstname.lastname@example.org; or (iv) by sending a written notice to us at Combyne Ag, Suite 200, 160 Quarry Park Blvd. Calgary, AB, Canada T2C 3G3 and requesting that your subscription not be renewed. You will be able to access the fee-based Combyne Services to which you subscribed until the end of the current billing cycle.
For existing annual subscribers, there is a 30-day grace period at the beginning of your new yearly billing cycle during which you may cancel your order to renew your annual subscription using any of the methods described above and receive a full refund of any amounts already paid by you with respect to the new billing cycle. If you cancel an annual subscription more than 30 days after the commencement of a new billing cycle, then you will be responsible for the full subscription fees for that billing cycle and will not be entitled to any credits or refunds. Refunds are not available for monthly subscribers. Due to the nature of the product offering, there is no grace period for first-time subscribers to fee-based Combyne Services, and credits and refunds are not available after an order has been processed.
9. Closing Your Combyne Account
You may close your Combyne Account at any time, for any reason. Closing your Combyne Account cancels all active subscriptions and orders for fee-based Combyne Services and terminates this Agreement, subject to any survival provisions in this Agreement. If you close your Combyne Account, you will not be entitled to receive a credit or rebate for any portion of your current billing cycle (except for existing customers canceling an annual Combyne subscription during an applicable grace period as described above), unless it is proven that Combyne breached this Agreement, in which case we will refund the amount already paid by you for any active, un-expired subscription periods (current billing cycle) or current unfulfilled orders at the time of termination. If you close your Combyne Account, we will deactivate your account and delete your Data and Personal Information in accordance with our Data Use Policy.
10. Combyne's Termination Rights
We may terminate this Agreement or suspend any Combyne Services, with or without cause, upon written notice to you. For example, we may terminate this Agreement if: (i) we no longer offer the Combyne Service; (ii) you do not pay your applicable fees on time; (iii) you breach this Agreement; (iv) your continued use of the Combyne Services would violate the terms of this Agreement or any applicable law or regulation; or (v) we believe that your account has been accessed without your authorization. If we terminate this Agreement or any fee-based Combyne Service, other than for cause, we will refund amounts already paid by you for any active and unexpired subscriptions or orders at the time of termination. If Combyne terminates this Agreement because of a breach by you, you will be responsible for all subscription fees for any active subscriptions or orders at the time of termination and you will not be entitled to any credits or refunds as a result of such termination for prepaid or unused Combyne Services.
11. Offerings on Combyne
- You may be provided the opportunity on Combyne to purchase services that are offered by third-parties (collectively "Third-Party Services"). The availability of any Third-Party Services on Combyne does not imply our endorsement of the Third-Party Services.
12. Disclaimers and Limitations of Liability
Combyne allows users that sell agricultural products to manage documents and information related to confirmed agreements and contracts. Combyne is not a clearing-house or a party to any contract for the sale of crops managed on Combyne. Combyne is not, nor should ever be considered or categorized as a broker, agent, or trader.
13. Exclusion of Warranties
ALL INFORMATION ACCESSED ON THE APPS AND WEBSITES IS PROVIDED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTY BY COMBYNE.
The content of bids to buy agricultural products relies on data received from our trusted partners, in good faith on the basis of warranties made by them. Combyne does not verify the accuracy of this information:
- Combyne does not represent, warrant, or guarantee that:
- Any statement made by a trusted partner to a user of Combyne is accurate or not misleading including (without limitation) the price, quantity, quality, or type of agricultural product listed.
- You may report any inaccuracies or concerns by contacting us, which we will deal with at our discretion with respect to parties involved. You agree that your use of the Websites or Apps are conducted entirely at your own risk. It is your responsibility to verify any information on the Websites or Apps before relying on it. You agree that any sales, exchange of monies or agricultural products, or any other deals will be made solely in reliance on your own inquiries and inspections and that we have not made any warranties about the truth or accuracy of bids or other advertisements.
- You acknowledge that we are not liable for any direct, indirect, and/or consequential loss of damage (including legal fees and other expenses incurred) arising from or in any way connected with your use of the Websites or Apps, the purchase, sale, acceptance, or other agreement between users of the Websites or Apps, or any inaccuracy or incompleteness of information contained on the Websites or Apps.
- You agree that registering and using the Websites or Apps requires compatible hardware, Internet access (from a computer or mobile cellular device), and certain software, some of which may require obtaining upgrades or updates from time to time. All fees and costs related to a user’s personal hardware, Internet access and software, including all upgrades and updates, shall be your sole financial responsibility. Please be aware that your carrier’s normal rates and fees, such as text message and data fees, will still apply.
- You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password. You agree that Combyne is not responsible for any losses arising out of the unauthorized use of your account which is not due to the negligence of Combyne.
14. Warranties About Content
If you upload any content to Combyne or otherwise submit material to be published by us, you warrant that:
- It is true and correct;
- It is not misleading or deceptive;
- It is not libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, unlawful, abusive, inflammatory, or otherwise offensive;
- It can be lawfully published on Combyne or otherwise by us. You indemnify Combyne against all claims, costs, expenses, damages, liability, or loss arising from your breach of these terms.
15. Accuracy of Information
Without partiality to other terms, to protect the integrity of Combyne, we reserve the right (but are not required) to verify the accuracy of any information uploaded by you, including the accuracy of uploaded material. You agree that we can contact you and you will provide us with accurate information or clarification of matters related to material uploaded by you.
If any content uploaded is inaccurate or untrue, the user acknowledges and agrees that Combyne shall not be liable to the user for any loss that the user may suffer as a result of the incorrect content.
16. Intellectual Property
All software used in, material on, or compromising the Websites or Apps (including photos, graphics, text, data, content, advertisements, pictures, videos, and other visual or audio-visual works) and the design, layout, look, and appearance of the Websites and Apps (“Intellectual Property”) is owned by or licensed to Combyne and protected by copyright and all other intellectual property laws of Canada and other countries internationally.
Except to the extent necessary for your ordinary use of the Websites or Apps on your Internet browser, mobile cellular device, or as permitted under the Copyright Act of Canada (first passed in 1921, and as amended in 1988, 1997, and 2012), Copyright Act of the United States (as amended) or other applicable laws, this Intellectual Property may not be used, adapted, reproduced, uploaded to a third party website or app, framed, linked to, published, transmitted, or distributed in any way or in any form or medium without prior exclusive written consent from the Company. This means you cannot download, copy, or reproduce any material from the Website or App without our or the owner’s written permission unless you are acting in the ordinary and proper course of using Combyne’s services.
The Websites or Apps may contain multimedia works and still images licensed to Combyne from third parties. These works are provided purely for your private, non-commercial use, and you may not (directly or indirectly) distribute, modify, translate, publish, rebroadcast, transmit, or communicate these works or create derivative works from them.
17. Third Party Information and Sites
Combyne contains information provided by third parties as well as links to third party websites and resources. Third party websites are not part of Combyne. These links and resources are provided solely for your interest and convenience. We and our employees, contractors, and agents take no responsibility for the content, resources, or sites that link from, or to, the Websites, Apps, or any associated products and services.
18. Prohibited Activities
You must not abuse the use of the Websites, Apps, or their respective facilities, systems, resources, accounts, services, networks, or affiliated or linked websites for a purpose other than which the Websites’ or Apps’ service is provided, or use the Websites or Apps to engage in any activity that we (in our absolute discretion) think is inappropriate, offensive, or defamatory.
Without limitation, you agree not to (and not attempt to):
- Facilitate or participate in any illegal activity via the Website or App;
- Upload or otherwise transmit any computer worms, viruses, or other disruptive or destructive files or malicious or harmful code through or on the Websites, Apps, or Combyne email, text message, or Apps’ notification system;
- Damage, modify, interfere with, disrupt or destroy any files data, passwords, devices, software, or resources that belong to us;
- Do anything that compromises the security or stability of the Websites or Apps;
- Disrupt or interfere with any other user’s enjoyment and fulfillment of the Websites, Apps, or affiliated or linked websites;
- Use or attempt to use another user’s account, service, or system without authorization from that user or Combyne;
- Mirror, in any way or in any form, the Websites, Apps, data, or content from the Websites or Apps, or results pages on any other website or medium;
- Data mine or send automated queries of any kind to the Websites or Apps without our prior written permission;
- Harvest or otherwise collect information about other users (including, but limited to, email addresses and phone numbers) without their consent except in the ordinary course of using the Websites’ or Apps’ services;
- Transmit through or on the Websites or Apps spam, chain letters, junk mail, or any other type of flooding techniques or mass distribution of unsolicited email to people or entities who have not agreed to be part of such mailings.
- Create or use a false identity account or one that is not yours on the Websites or Apps;
- Obtain unauthorized access to the Websites or Apps or parts of the Websites or Apps that are restricted from general access;
VIOLATIONS, DAMAGE, ABUSE, AND DISRUPTION OF ANY AND ALL OF THE SERVICES OR COMBYNE SYSTEMS, NETWORKS, OR SERVICE SECURITY MAY RESULT IN CIVIL OR CRIMINAL LIABILITY.
19. Prohibited Content
You must not upload or submit content to the Websites or Apps that:
- Is illegal in nature (including encouraging conduct that might be represented or be justified as a criminal offense);
- Violates any intellectual property rights, including, without limitation, patents, trade markets, trade names, copyright, and design rights and whether registrable, registered or unregistered or other rights of any person in any jurisdiction in the world;
- Is threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent, defamatory, or otherwise objectionable;
- Is misleading or deceptive or likely to mislead or deceive other users;
- Contains universal call-to-action phrases such as “click here”, “link here”, “visit this business”, or other similar phrases that could apply to any ad, listing or business, regardless of content, the type of business or its location;
- Refers to unapproved, banned, illicit, or otherwise illegal pharmaceuticals or drugs;
- Opens a pop-up when entering or leaving a linked website’s landing page;
- Contains links to websites featuring any of the above.
We may revise, remove, or refuse to publish any material uploaded to the Websites or Apps or otherwise supplied by you at our absolute discretion and without consulting or notifying you.
We may also remove or refuse content in our absolute discretion.
20. Refusal of Use
Use of the Services is a privilege. Combyne may decline to register you as a user, terminate your registration, or restrict your access to the Websites or Apps (including via any other aliases you use) at any time at our complete discretion without consulting with or informing you that we are doing so. Without limiting this, we consider the following as grounds for refusal of use:
- If serious or multiple complaints are received about you;
21. Your Indemnity
You agree to indemnify Combyne and its directors, advisors, officers, employees, agents, contractors, and subsidiaries against any loss or damage, direct, indirect, or consequential (including legal fees and other costs incurred) by any third party arising out of or in any way connected to:
- Your use of Combyne;
- The content of your uploaded material
If a dispute arises between Combyne in relation to these terms or any other matter related to the use of the Services before beginning legal proceedings (other than in pressing circumstances where an injunction is sought), the distressed party must notify the other in writing (which may include by email or facsimile) and we must both attempt to resolve the dispute promptly and in good faith.
If a dispute arises between you and another user of the Services, that is a matter for you and the involved party to resolve privately. As such, you hereby agree to release Combyne and its directors, officers, advisors, employees, agents, contractors, affiliates, and subsidiaries from all claims, demands, and damages (including, without limitation, actual and consequential) of every kind of nature, indirect or direct, unknown or known, unsuspected or suspected, undisclosed or disclosed, arising out of or in any way connected with all such disputes. We may, in our discretion, provide discretionary third parties to the dispute with any help that we believe is rational in the circumstances to help resolve the dispute, however, we cannot take sides, mediate, or bring an action on your behalf.
23. Other Provisions
These terms (together with any and all other policies we publish) represents the entire agreement between you and Combyne, relating to the subject matter of these terms and supersede all prior understandings or agreements, written or oral, on that subject matter.
You may not assign your rights or obligations under these terms to third parties.
If any part of these terms is unenforceable, the remainder of these terms will not be affected.
A waiver of any of these terms will only be effective if it is in writing and signed by an authorized Combyne employee.
No matter where you are located in Canada, these terms are governed and fully enforced by the laws of Alberta and the country of Canada, and we each submit to the non-exclusive jurisdiction of those courts of that Province and courts able hear appeals from them.
Upon termination of this Agreement, any obligations of the parties under this Agreement which, by their nature, should continue beyond the termination, cancellation, suspension, or expiration of this Agreement shall survive termination, cancellation, suspension, or expiration of this Agreement.
How to Contact Us
Suite 200, 160 Quarry Park Blvd
Calgary, AB, Canada
© Combyne Ag. All Rights Reserved 2023.