Please read these Terms of Service carefully before using the Kukufarm products and Services (“Kukufarm,” “us”, “we”, or “our”).

For purposes of these Terms, “you” and “your” means you as the user of the App. “Services” means Kukufarm app and services including any related APIs provided by Kukufarm, together with all related mobile and desktop applications, and Add-ons to which you subscribe. “Services” exclude Non-Kukufarm Services.

Your access to and use of Our Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all individual visitors, users and others who wish to access or use the App.

By accessing or using the App you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have permission to access the App.

Content

For purposes of these Terms: 

(i) “Kukufarm’s Content” means text, graphics, images, software, machine learning models, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the App by Kukufarm or its licensors; and 

(ii) “User Content” means any Content that you provide to be made available through the App (excluding Organization Content). User Content includes any Output. Collectively, Kukufarm’s Content, and User Content are referred to as “Content.”

Content Ownership: We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.

Subject to the foregoing, Kukufarm and its licensors exclusively own all right, title and interest in and to the App and Kukufarm’s Content, including all associated intellectual property rights.

You acknowledge that the App and Kukufarm Content are protected by copyright, trademark, and other respective laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or Our Content.

Rights in User Content Granted by You: By making any User Content available through the App, you hereby grant to Kukufarm a non-exclusive, transferable, worldwide, royalty-free license, with the right to host, cache, store, reproduce, transmit, and display, your User Content solely in connection with operating and providing the App and Our Content to you and, depending on the permission you grant, to other users.

Subject to the foregoing license, as between Kukufarm and you, you retain any and all of your rights to your User Content. 

Your Responsibility for User Content: You are solely responsible for your User Content. You represent and warrant that you own your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the App, nor any use of your User Content by Kukufarm on or through the App will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation or violate any agreement you have with any third party.

Sharing User Content: You may designate your User Content as “public” (such as by inviting other users to your farm) or “private”. You agree that User Content you designate as public will be accessible by and be available to other users of the App to whom you grant access to such publicly designated User Content. Consequently, you understand and agree that such users will have the right to view, edit, and add content to your publicly designated User Content. If you grant users additional permissions with respect to your User Content, you understand and agree that such users will, depending on the permissions you grant, have the ability to use, publish, display, modify, or duplicate such User Content.

Removal of User Content: You can remove your User Content by specifically deleting it. However, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the App.

Rights in Content Granted by Kukufarm: Subject to your compliance with these Terms, Kukufarm grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Kukufarm Content solely in connection with your permitted use of the Apps and solely for your personal and non-commercial purposes.

Kukufarm Content & Use Policy and Monitoring Content: Although we’re not obligated to monitor access to or use of the App or Content or to review or edit any Content, we have the right to do so for the purpose of operating the App, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Apps. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Restriction on your use of the App

You may not do any of the following, unless applicable laws or regulations prohibit these restrictions, or you have our express written permission to do so:

• Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
• Duplicate, decompile, reverse engineer, disassemble or decode the App (including any underlying idea or algorithm), or attempt to do any of the same;
• Access or use the App in any manner that could disable, overburden, damage, disrupt or impair the App or interfere with any other party’s access to or use of the App or use any device, software or routine that causes the same;
• Access or use the Apps in any manner, including in regards to data storage, in excess of any fair usage limits as determined by Kukufarm in its sole discretion;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt the App, accounts registered to other users, or the computer systems or networks connected to the App;
• Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the App;
• Use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the App to monitor, extract, copy or collect information or data from or through the App, or engage in any manual process to do the same;
• Introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;
• Use the App for illegal, unethical, or disruptive purposes;
• Violate any applicable law or regulation in connection with your access to or use of the App;
• Access or use the App in any way not expressly permitted by these Terms.

Accounts

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your devices and/or account. Sharing of your User login or password is prohibited. You accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use the App if you are 13 years of age or younger. By using the App, you represent and warrant that you are over the age of 13.

Securing your Kukufarm data and device

The App stores and processes personal data that you have provided to us, to provide our Service. It’s your responsibility to keep your phone and access to the app secure.

It is also your responsibility to make sure that people add to your farm are known and trusted by you. Kukufarm will not be responsible for any data loss, misappropriation and misuse resulting caused by malicious use by people you’ve added to your Kukufarm farm. 

We recommend that you do not jailbreak or root your phone; the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the App won’t work properly or at all.

Farms

User Content submitted or modified by users in the App is organized into separated sections we refer to as “Farms,” and is titled by a User account as User’s Farm.

In the App, you can work across multiple Farms at once, meaning your single account can access your own Personal Farm and other Farms to which you’ve been added. Farms are completely separate, and you won’t be able to link any Content between them.

By adding other users to your Farm, you recognize that those users can view your Farm’s data and make new record entries. Users that you can add to your Farm must have an active Kukufarm account.

For effective use, the App requires you to enter respective farm, coop and flock, data and records. You are solely responsible for ensuring that all data entered in your Kukufarm’s profile, by you or people you’ve added to your farm, is accurate and correct. 

If you are added to a Farm, you must not knowingly enter erroneous records, copy, distribute, or share in any way, another user’s Farm data without their consent. You will be solely responsible for all damages that may result from any misuse, malicious use, and misappropriation of another user’s Farm data. 

While Kukufarm may suggest and provide flock feeding and vaccination schedules, it is your responsibility to ensure that you adhere to a schedule specific to your flock, and region by following your flock supplier’s, veterinary’s and regional livestock advisory’s recommendations.

Subscriptions

Some parts of the App are made available on a paid subscription basis. Pricing and included features for the Subscriptions are set forth in the Upgrade page of the App. 

Fees and fees changes: Kukufarm has full discretion to, at any time, modify the subscription fees and structures. Any fee changes will become effective at the end of the then-current billing cycle.

Free use: the App has a free plan by default, but with limited feature access. Upon the expiry of a paid subscription, respective users will be reverted to the free plan, and will effectively lose features and functionality that are only accessible in paid subscriptions.

Refunds: Payment obligations are non-cancelable. Subscription fees paid are non-refundable. If you can cancel a paid subscription, that subscription will remain active until its respective expiry date. 

At any time and without notice, Kukufarm reserves the right to (a) modify the terms and conditions of any Free plan; (b) cancel any Free Trial offer; or (c) cancel any Free Trial Subscription at any time.

Communication from Kukufarm

By creating an account on the App, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, you may opt out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still send you transactional or administrative messages related to the App, via the app or by email, even after you have opted out of receiving marketing communications.

Intellectual property

The App and its Content (excluding User Content), features and functionality are and will remain the exclusive property of Kukufarm and its licensors. The Service is protected by copyright, trademark, and other respective laws. Our intellectual property may not be used in connection with any product or service without the prior written consent of Kukufarm.

You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions. 

Kukufarm will exercise its rights to protect its intellectual property through respective legal procedures, in such cases. 

The app itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, belong to Kukufarm.

Feedback

We welcome feedback, comments and suggestions for improvements to the App. You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the App or in any such Feedback. All Feedback becomes the sole and exclusive property of Kukufarm, and Kukufarm may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Kukufarm any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

Applicable data charges 

Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider. It is your responsibility to ensure that you have access to Wi-Fi, and or data connectivity to use those functions.

If you’re using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. 

In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Account termination

We may terminate or suspend your account and bar access to the App immediately, without prior notice, or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

You may delete your account and farm data at any time from within the App. You acknowledge and agree that any User Content that has you’ve added to another user’s Farm shall be retained in that Farm following the deletion of your account.

Indemnification

You agree to defend, indemnify and hold harmless Kukufarm and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Kukufarm app, by you or any person using your account and password; (b) a breach of these Terms; or (c) your User Content provided to the Service.

Limitations of liability

In no event shall Kukufarm, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable to you for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. 

Disclaimer

Your use of the App is at your sole risk. The App is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Kukufarm, its subsidiaries, its affiliates, and its licensors do not warrant that (a) the App will function uninterrupted, secure or will be available at any particular time or location; (b) any errors or defects will be corrected; (c) the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements.

The app may support you in scheduling flock activities such as treatments. Note that you are solely responsible for ensuring flock activities are scheduled and administered accordingly as instructed by your flock supplier and or certified poultry vet. If you manage flock activities with the app, ensure that activity dates lineup with the original flock schedule, for optimal outcomes.

Kukufarm may provide you with information on poultry farming practices via the app or blog at kukufarm.com. However, you are solely responsible to ensure that your farming practices are suited to your flocks. Kukufarm strongly advices you to consult with local certified poultry veterinaries and your flock suppliers to ensure that your farming practices are at optimal to your poultry farm. Kukufarm will not be liable in any way for the wellbeing and welfare of your flocks.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Changes to This Terms and Conditions

Kukufarm will update this Terms and Conditions as need be. You are advised to review this page periodically for any changes. 

Contact Us

If you have any questions contact us at info@kukufarm.com.