End-User License Agreement ("Agreement")

Date of EULA : 1 ^st of June 2020

Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, which are the terms of usage & collection of data from your phone systems, your inputs and other ancillary information gathered when the App is being used. This app named Khetibuddy may be referred to by the name of the App or the words "Application" or “App” or digital platform.

By registering the app, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. If you are using this App on behalf of some other entity or a legal person, then the same terms shall also be bound upon the said end user on behalf of whom this App is being used.

If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.

"Personal Information" is information that identifies You as an individual or relates to an identifiable individual and may include:

• Name
• Postal address
• Telephone or fax number
• Email address
• Physical location and/or Global Positioning System (GPS) coordinates
• Purchase history for Services
• Operational and agronomic data such as plans or actuals related to planting, product application, irrigation, yield, harvesting, and other activities, including what products are used and which tasks are done when on Your operation
• Land data, such as Your ownership and lease information related to field boundaries
• Machine data that is imported on Your behalf from third-party equipment manufacturers or software companies
• Weather and climate data sourced through Your proprietary weather stations or otherwise provided by You or through our own weather subscriptions.

Other categories of Personal Information We may collect include:

• Restricted Personal Information
  • Personal identification numbers, such as a Aadhar card, tax ID if needed.
  • Banking information, such as debit card data or bank account details if needed.
  • Passwords and reminder questions/answers
• Farm Financial Information related to You
  • Costs or financial data associated with operational or agronomic activities on Your farming operation, such as contracts, revenue, costs, or profit

"Other Information" is information We collect that may not specifically identify You or relate to an identifiable individual. If We are required to treat Other Information as Personal Information under applicable law, then We will use and disclose it only for the purposes for which We use and disclose Personal Information as detailed in these Terms. Other Information We may collect includes:

• Electronic information
  • Browser and device information
  • Services usage data
  • Information collected through cookies, pixel tags, and other technologies
  • Server access information
  • IP address
• Demographic information provided
  • Demographic information and other information provided by You that does not reveal Your identity
• Aggregated /anonymized information
  • Information that has been aggregated or anonymized in a manner such that it no longer reveals Your specific identity
• Farm operation information not related to You
  • Operational and agronomic data such as plans or actuals related to planting, product application, scouting, irrigation, yield, harvesting, and other activities, not associated with an individual
  • Land data, such as field boundaries, not associated with an individual
  • Machine data not associated with an individual
  • Weather and climate data not associated with an individual

We and Our service providers collect Information in a variety of ways, including:

Through the Services

• We collect Personal Information through the Services, for example, when You register an account to access the Services, use or subscribe to the Services, make a request or inquiry related to the Services, or register or participate in a forum or other communication through the Services.

Offline

• We collect Personal Information from You offline, for example, when You place an order over the phone, contact customer service, or attend a trade show. We may also collect Personal Information through various marketing efforts, such as requests for white papers or product demos, sales initiatives, and related activities.

From other sources

• We receive Your Personal Information from other sources, for example, publicly available databases and joint marketing partners, when they share the information with Us.
• We may also receive Personal Information when Your agent, such as a certified sales agent or duly authorized representative, submit(s) Personal Information on Your behalf.

Through Your browser or device

• Certain information is collected by most browsers or automatically through Your device, such as Your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Services (such as the App) You are using. We use this information to ensure that the Services function properly. We may also collect the physical location of Your device for example, using satellite, cell phone tower, or Wi-Fi signals.

Through Your use of the Services application

• When You download and use the Services application, We and Our service providers may track and collect the application usage data, such as the date and time the application on Your device accesses Our servers, and what information and files have been downloaded to the application based on Your device number.

Using cookies, pixel tags and other similar technologies

Cookies allow a web server to transfer data to a computer for recordkeeping and other purposes. We use cookies and other technologies to, among other things, better serve you with more tailored information, to facilitate your ongoing access to and use of the Site, and to provide you with personalized marketing. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies. Some features of the Site may not work properly if you decline the use of cookies.

Pixel tags, web beacons, clear GIFs or other similar technologies may be used in connection with some Site pages and HTML-formatted email messages to, among other things, track the actions of Site users and email recipients, measure the success of our marketing campaigns and compile statistics about Site usage and response rates.

Analytics

• We use web analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services, report on activities and trends, and to improve Our products and service. This service may also collect information regarding the use of other websites, apps and online resources. Note that if You opt out of these analytics, certain features of the Services may not function properly.

Restrictions on Our use and sharing of certain information

To protect Your more sensitive information, We restrict ways in which We use and share such information. We may share Your Restricted Personal Information and Farm Financial Information only with Our Service Providers, as required by law or, to the extent You authorize Our sharing it with third parties, such as agents, retailers, and distributors solely to facilitate providing the Services to You.

We and Our service providers use information collected through the Services and by other means for the following business purposes:

• Providing the functionality of the Services and fulfilling Your requests
  • To provide the Services to You, such as arranging access to Your registered account, and providing You with related customer service
  • To respond to Your inquiries and fulfill Your requests when You contact Us, for example, when You send Us questions, suggestions, compliments or complaints, or when You request a quote for or other information about Our Services
  • To facilitate the sale and distribution of Our products and Services (consistent with Your choices).
  • To send administrative information to You, such as changes to Our terms, conditions and policies

We will engage in these activities to manage Our contractual relationship with You and/or to comply with a legal obligation.

• Providing You with Our marketing materials and facilitating social sharing
  • To communicate with You about Services or offers that may be of interest to You
  • To send You information about new products and other news about Our company.
  • To facilitate social sharing functionality that You choose to use
  • To allow You to interact with others through the Services or other means, for example, through a blog, message board, or messaging or chat functionality

We will engage in this activity with Your consent or where We have a legitimate interest. You may opt out of receiving marketing materials at any time.

We will use this information with Your consent or to manage Our contractual relationship with You.

• Accomplishing Our business purposes
  • To create aggregated information which does not contain Personal Information and which may be used for any purpose
  • To improve, enhance, or modify the Services or services of Our affiliates, for example, by performing data analysis, audits, researching and developing new products and new product features, developing marketing events, and identifying usage trends, which may include licensing, joint development, or similar arrangements with third parties
  • For audits, to verify that Our internal processes function as intended and are compliant with legal, regulatory, or contractual requirements
  • For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft
  • For determining the effectiveness of Our promotional campaigns, so that We can adapt Our campaigns to the needs and interests of Our users
  • For operating and expanding Our business activities, for example, understanding which parts of Our Services are of most interest to Our users so We can focus Our energies on meeting Our users’ interests

We engage in these activities to manage Our contractual relationship with You, to comply with a legal obligation, and/or because We have a legitimate interest.

In addition to the above, when We collect Your information through means other than the Services, We may also use it to provide You with third party marketing materials.

• To communicate with You about services or offers from third parties that may be of interest to You
• To send You information about new products and other news about third party companies.

We will engage in this activity with Your consent or, if applicable, where We have a legitimate interest. You may opt out of receiving marketing materials at any time.

We disclose information collected through the Services and by other means for the following business purposes:

• Our parent company and affiliates for the purposes described in these Terms
• Our third party service providers, to facilitate services they provide to Us
  These can include providers of services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services.

• Agents, retailers, or distributors to facilitate the sale and distribution of Khetibuddy Agritech products and services, which may include marketing, consistent with Your choices

• Third parties in connection with licensing, product development, or similar arrangements

• When You elect to disclose Personal Information
  • When You choose to share Personal Information through a message board, chat functionality, social media, or other third party interaction in connection with the Services, the information You submit, including Your name, location and email address, may be publicly available to others. We are not responsible for any information You choose to submit through these features and We strongly discourage You from disclosing any Restricted Personal Information, Farm Financial Information, or other sensitive Personal Information through these features. If You use these features, Personal Information may remain on the Services even after You cease use of the Services.

In addition to the above, when We collect Your information through other means, We may also disclose it for additional marketing purposes.

• To send You promotional materials through third party vendor support

We also may use and disclose information collected through the Services or by other means:

• To cooperate with public and government authorities
  • To respond to a request or to provide information We believe is important.
  • These can include authorities outside Your country of residence.

• To comply with applicable law and regulations
  • This can include laws outside Your country of residence.

• To cooperate with law enforcement
  • For example, when We respond to law enforcement requests and orders or provide information We believe is important.

• For other legal reasons
  • To enforce Our Terms of Service
  • To protect Our operations
  • To allow Us to pursue available remedies or limit the damages that We may sustain
  • To protect Our rights, privacy, safety or property, and/or that of Our affiliates, You, or others

• In connection with a sale or business transaction
  • We have a legitimate interest in disclosing or transferring Your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of Our business, assets, or stock (including in connection with any bankruptcy or similar proceedings.) Such third parties may include, for example, an acquiring entity and its advisors.

Other Information and aggregated information that does not specifically identify You may be used or disclosed by Us for any purpose.

Khetibuddy Agritech Private Limited (“KAPL” or “Khetibuddy” or “Company”) grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

You agree not to, and you will not permit others to:

a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party commercially.

KAPL reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without any notice and without liability to the user/s.

All ownerships of the App, its versions, subsequent releases etc. shall remain with the Company and the user/s agree & undertake to not modify, alter, change the App or its intended use at anytime.

This Agreement shall remain in effect until terminated by KAPL.

KAPL may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from KAPL, in the event that you fail to comply with any provision of this Agreement or upon failure to pay for the usage of the App post free version or on expiry of the trial usage period.. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop and or reports generated thereof.

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

KAPL reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material the company shall not provide any notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

The App is designed and made available as an accessory to gain better insights / information / analytics / data from the data gathered by the user, or uploaded to the App by the user; this is no means shall constitute the basis of decision making by the user and KAPL shall not be held accountable for any miscalculation or wrong analytics etc which may or may not impact the financial or operational losses or gains of the user or any mental agony or harassments of any kind. The user explicitly waives the rights to any financial, operational, or any such losses of any kind including psychological or physiological losses.

The App has developed an algorithm, which is the proprietary information and the exclusive ownership of the company and any attempt to copy or misuse the said algorithm shall be in contravention of these terms and appropriate legal action for recovery of losses on account of such copy shall be the sole prerogative of the company and the user undertakes to make good the said losses, financial as well as in terms of loss or harm to reputation, to the company.

The App functions on the basis of information given by the user on the App and any resultant details or insights given by the App are driven on the basis of such information. Whether the information furnished was correct or not, any decision made by the user basis the App shall be the discretion of the user with no repercussions or responsibilities of the App. The App has been designed to provide additional data, but in no way suggests the course of action to be taken by the user or the resultant profits or loss thereof and hence any share of the resultant outcome therein.

The App collects information, data, inputs, user information, device information including but not restricted to : geological information, location, device specifications, display specifications, network, carriers, device ID, contact numbers, storage access, information available on the device, camera, pictures etc. The user specifically understands and accepts the said information collection by the company.

The user also understands that the information collected by the App may or may not be stored at third party servers or locations, which is subject to its own set of risks, that are beyond the control of the company. In the case or event whereby the App stores information of the users on its own servers, the company doesn’t undertake any liability for the information so collected being leaked or manipulated or loss of information therein.

The user may get access to information, reviews and other features that offered from time to time. The user shall not( nor cause any third party) use these platforms for any illegal activities including without limitations defaming, abusing, harassing, threatening, promoting racism, or otherwise violating legal rights, such as rights of privacy of others or immoral activities, false marketing or sales or submit false or misleading information.

We do not control and are not liable to or responsible for the quality, safety, lawfulness or availability of the information or services offered for sale on the application or the ability of the suppliers to complete the sale or the ability of buyers to complete a purchase.

If you have any questions about this Agreement, please contact us using the website of the company or through the App on help@khetibuddy.com

The Jurisdiction shall be wholly & exclusively at Ahmedabad, Gujarat, India

If any controversies, conflicts, disputes and/or differences (“Dispute”) arises between the Company & the User (“Parties”) the disputing Parties hereto during the subsistence of this Agreement or thereafter, the disputing Parties shall endeavour to settle such dispute amicably whereby the disputing Parties shall attempt to reach a resolution of the matter.

If amicable settlement is not arrived at as above, within 30 (thirty) days of the date of Dispute, the Dispute shall be resolved and settled exclusively and finally by arbitration and either disputing Party may issue a notice of Dispute (“Notice of Dispute”) to the other disputing Parties.

Within 30 (thirty) days of the issue of a Notice of Dispute, the disputing Parties shall mutually agree on the appointment of a sole arbitrator.

All pertinent evidence on the subject matter in Dispute shall be made available to the arbitrator appointed as above and each Party shall have the right to present both orally and in writing its arguments and views on the Dispute. The arbitrator shall also decide on the costs of the arbitration proceedings. The decision of the arbitrator shall be rendered in writing and shall be binding upon the Parties. The costs, charges and expenses of the arbitration shall be the discretion of the arbitrator. Such arbitration shall be governed in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Ahmedabad and the arbitration proceedings shall be conducted in the English language.

The award rendered by the arbitrator shall be final and binding on all Parties hereto and judgment thereon may be entered in Courts of Ahmedabad.

Parties hereto agree that their consent for resolution of Disputes through arbitration shall not preclude or restrain either of them from seeking suitable injunctive relief in appropriate circumstances from the Courts of Ahmedabad.

By registering yourself with the app, the User Agrees to have read, understood, confirm & agree to the terms laid out and / or enumerated above for the usage of the App.

Returns, Refund and Shipping Policy:

Khetibuddy’s cancellation policy has been designed keeping in mind your satisfaction in buying our products/services.

Cancellations will be considered only if the request is made within 24 hours of placing an order. However, the cancellation request will not be entertained if the process of shipping has been initiated or a back order the time duration is 24 hours from the order acknowledgement.

No cancellations are entertained for those products that under any specific offers. These offers are designed for specific occasions with discounted price, or shipping terms back with our vendors hence cancellation is not possible.

In case of receipt of damaged or defective item, please report the same to our Customer Service team. We will review the item and a replacement would be initiated for the damaged item. Please not no refunds are possible, unless the item is not available in stock as replacement. Any replacement would be catered to within 14 days of receipt of the damaged product.

We are in the business of planting material and agri inputs, so some times the photograph on the site will not match the packaging. No refunds would be initiated for any packaging mis match.

All requests for cancellation have to be received with 24 hours of receipt of the material.

Khetibuddy only has a replacement policy and there would be no refund applicable unless we do not have a replacement of the item you have purchased, however a credit can be issued which can be used for future purchases.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Shipping Policy

Following are the terms and conditions that constitute our Shipping Policy.

Shipment processing time

All orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays. While Khetibuddy will make all the effort to make the goods reach on time, the delivery timeline is dependent on the shipping carrier and the location and is beyond Khetibuddy’s control.

If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.

Shipping charges for your order will be calculated and displayed at checkout.

Delivery delays can occasionally occur.

You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours.

Khetibuddy is not responsible for any additional customs and taxes applied to your order. All fees imposed after shipping are the responsibility of the customer.

Khetibuddy is not liable for any products damaged or lost during shipping while we will make very effort to replace the item if possible not all items can be replaced if damaged during the shipping process. You can raise a formal claim with our customer service team and the decision of our customer service would be final.

We currently do not ship outside the U.S.

• A Personal Data Deletion Request is a document through which someone can request that their personal data be deleted from a company, whether that company is online or not. Personal data includes things like legal name, email, financial information, and more.
• People request deletion of their data for many different reasons. They may have once used the company and now they don't. They may have forgotten they gave the company their information. They might be receiving too much junk mail from too many sources and they wish to streamline which of their personal data is out.
• This personal data deletion request is a simple document that can be used in any situation to request the removal of personal data.
• This document is quite short and simple. It will only request basic identifying details about the sender and the recipient of the request, as well as the reason why the request is being made, and a list of personal data that the sender knows about.
• This document can be sent as an email or a regular letter. If it is sent as a letter, it can be printed and signed and then put in the mail. If it will go out as an email, it can simply be sent to the recipient.

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within Our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If You suspect or have reason to believe that Your interaction with Us is no longer secure, immediately notify Us of the problem by any means described in the “Contact us” section below.

We ask that You not send Us, and You not disclose through the use of the Services or other means to Us, any sensitive Personal Information ( for example, pan cards, tax id, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background etc.)