Terms of Service & Acceptable Use Policy

Important. This document is a contract between you and the Operator. By creating an account, ticking the acceptance box, signing in or using the Platform in any way you declare that you have read, understood and accepted it. If you do not agree, do not use the Platform.

1. Parties and definitions

The Operator is e-farm.ro, which runs and provides the Platform. Contact: contact@e-farm.ro.

Platform — the e-farm.ro website, the web and mobile applications (Android, iOS), APIs, databases, registers, forms, document templates, interfaces, documentation and every update of them.
Account Holder — the individual or legal entity (usually the farmer / Farm Manager) that creates a farm in the Platform or takes out a subscription.
User — anyone accessing the Platform: the Account Holder, employees, engineers, accountants, logistics staff, tractor drivers and other people invited by the Account Holder (“Authorised Users”).
Partner — any third party with access to data through the Platform: certification bodies, auditors, buyers, consultants, collaborators, external accountants, landowners or other people invited by the Account Holder or by the Operator.
Customer Data — data and documents entered or uploaded by Users (parcels, crops, tasks, stock, fuel, contracts, documents, images).
Platform Content — everything provided by the Operator other than Customer Data: software, design, texts, structured registers and forms, schemas and checklists, calculations, generated reports, compilations of public data, trademarks and logos.

2. Acceptance and legal effect

2.1. Accessing or using the Platform means full acceptance of this document (the “Terms”), of the acceptable use policy in section 6 and of any rules published in the Platform. The “I accept the Terms and Conditions” box at registration is an electronically expressed declaration of will with contractual value; the Operator records the date and the version accepted.

2.2. You declare that you have the legal capacity to enter into contracts. If you act for a company, farm or other entity, you represent and warrant that you are authorised to bind it, and the entity is bound by these Terms.

2.3. The Platform is intended for professional use (agriculture, certification, farm administration). If you qualify as a “consumer” under the law, your mandatory rights are not affected by these Terms.

3. Account and security

3.1. Registration data must be accurate and kept up to date. An account is personal; sharing credentials or access tokens is forbidden.

3.2. You are responsible for all activity under your account and for protecting your password and devices. Tell the Operator immediately at contact@e-farm.ro if you suspect unauthorised access.

3.3. The Account Holder is responsible for the people it invites or gives roles to: for their acts and omissions in the Platform, for their compliance with these Terms and for removing access when it is no longer needed (for example when an employee leaves).

4. Licence to use

4.1. The Operator grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to use the Platform as offered by the Operator, solely for your internal farming, farm administration and certification activity, for the duration of your account and within the modules of your subscription.

4.2. The Platform is licensed, not sold. You receive no right in the source code or any element of the Platform Content other than those in this section. All rights not expressly granted remain reserved by the Operator.

5. Intellectual property

5.1. All rights in the Platform and the Platform Content — including source and object code, architecture, algorithms, the structure and organisation of databases, the user interface (UI), user experience (UX), workflows, design, look and feel, structured registers and forms, checklists, texts, translations, names, trademarks, logos, APIs and documentation — belong to the Operator or its licensors and are protected by copyright and related rights (including Romanian Law no. 8/1996), database protection (sui generis right), trademark, unfair competition and trade secret law and applicable international treaties.

5.2. Copyright and proprietary notices must not be removed or altered. “e-farm” and the related logo are distinctive signs of the Operator; you may not use them without prior written consent.

5.3. Any suggestion, idea or feedback you send may be used by the Operator without restriction and without any obligation to pay or credit you; by sending it you assign to the Operator, to the extent permitted by law, the rights needed for that purpose.

6. Acceptable use policy

Use of the Platform is permitted only for the purposes in section 4. As a User, you must not, directly or indirectly, alone or through third parties, and must not allow others to:

reverse engineer, decompile, disassemble, deobfuscate, take apart or try to obtain the source code, algorithms, database structure, file formats, protocols or API schemas of the Platform, including of the mobile applications (APK/IPA files, installation packages, network traffic) — except strictly to the extent mandatory law permits, and only after you have asked the Operator in writing for the necessary information and the Operator has refused or has not replied within 30 days;
copy, reproduce, clone or imitate the interface, design, workflows, structure, look and feel, texts, registers, forms or any part of the Platform, or create derivative works or competing or similar products and services based on them;
extract data without authorisation (“scraping”, “crawling”, “harvesting”) by bots, scripts, browser extensions, modified applications or any automated or bulk manual means, from the Platform or its databases (including product lists, schemas and checklists, processed weather data and warnings, satellite images and analyses, reports), or use the API outside the official applications and the documentation published by the Operator;
circumvent or disable security measures, authentication, access, volume or subscription limits, or access data or modules you are not entitled to (including other farms’ data); carry out penetration tests, vulnerability scans or load tests without the Operator’s written consent;
share, sell, rent, sublicense, transfer or make access to the Platform available to third parties (including as a “service” for other farms), or use it to evaluate, benchmark or develop a competing product;
introduce malicious software, overload or disrupt the service (including denial-of-service attacks), or send illegal or misleading content or content infringing third-party rights;
falsify or misrepresent data, documents, logs, registers, treatment records, certificates or audit results; use the Platform for fraud, tax evasion, undue subsidies or certifications, or for breaching plant-protection, labour or environmental law;
use Platform content or data to train, fine-tune or evaluate artificial-intelligence or machine-learning models, or to build datasets;
process third parties’ personal data (landowners, employees, partners) without a legal basis and without informing them, as required by data-protection law;
remove copyright notices, trademarks or warnings, or use the name “e-farm” or the Operator’s visual identity in a way that causes confusion or suggests a non-existent affiliation.

These prohibitions also apply when the breach is committed by your employees, collaborators, partners or suppliers; you are liable to the Operator for them as for your own act.

7. Your data and data protection

7.1. Ownership. Customer Data remains yours. You grant the Operator a limited, non-exclusive licence, for the duration of the account, to store, copy (including backups), process and display it for providing, securing, supporting and improving the service, and to create aggregated and anonymised statistics that do not identify you.

7.2. Warranties. You warrant that you have the right to enter the Customer Data (including data of landowners, employees, suppliers, documents, images) and that entering it does not infringe third-party rights or the law. You are solely responsible for the accuracy, legality and completeness of this data.

7.3. Personal data. For personal data of the people in your farm (employees, landowners, partners) you are the controller under Regulation (EU) 2016/679 (“GDPR”) and the Operator acts as processor on the instructions given by these Terms and your use of the Platform; a separate data processing agreement can be concluded on request. For your account data (authentication, billing, security) the Operator is the controller. The Operator applies reasonable technical and organisational measures; it cannot guarantee absolute security.

7.3.1. Sub-processors and GPS tracking. You accept the Operator's use of the providers (sub-processors) listed in the Privacy policy, section 3, which the Operator may change by informing you; the Operator is responsible for them within the limits of these Terms. If you turn on GPS tracking of tasks, you, as employer and controller, decide the purpose and retention period, have a legal basis, inform your employees beforehand (contract, internal rules or a written note) and comply with labour law; the Operator only processes the tracks, on your instructions, and deletes them automatically after the chosen period.

7.4. Export and deletion. You can ask for an export of your data during the account and for 30 days after termination. After that the data may be deleted or anonymised, except what must be kept by law or to defend a right of the Operator.

7.5. Data subject rights (access, rectification, erasure, restriction, portability, objection) can be exercised through contact@e-farm.ro; you may also lodge a complaint with the Romanian data protection authority (ANSPDCP).

8. Farmers, employees, partners and collaborators

8.1. Account Holder’s responsibility. The Account Holder is responsible for Authorised Users and for the Partners it invites or gives access to, including the data they enter, see, export or use. Partners’ access to data is granted at the decision of the Account Holder or of the respective Partner; the Operator does not verify and is not liable for that decision.

8.2. Relations between users. The Operator is not a party to, and is not liable in, the relations between Users, farms, landowners, employees, suppliers, buyers, certification bodies, auditors or other third parties (lease, employment, certification, sale or collaboration contracts). The Platform is a record-keeping tool; it does not guarantee the quality or actions of third parties and is not a party to any contract between them. There is no mandate, partnership, agency or employment relationship between the Operator and Users or Partners, unless expressly agreed in writing.

8.3. Obligations of Partners and collaborators. Partners, auditors, bodies, consultants and any collaborator accessing the Platform undertake to comply with these Terms, especially sections 5, 6 and 15; to use data only for the purpose for which access was granted; not to extract, copy or redistribute data or structures of the Platform; and to keep it confidential. They are personally liable for breaches, in addition to the entity they represent.

8.4. Account Holder’s compliance. The Account Holder complies with the law applicable to its activity (labour, plant protection, environment, tax, subsidies, food safety) and is responsible for decisions taken on the basis of data in the Platform.

9. Information, third-party sources and automated assistant

9.1. The Platform displays and processes information from third-party sources (for example the Romanian National Meteorological Administration, Open-Meteo, Copernicus/Sentinel, ANAF, SmartBill, map services). It is informative, may be delayed or inaccurate, and the official source always prevails. The Operator is not liable for third-party sources or their unavailability. Third-party data remains protected by their rights and conditions.

9.2. Calculations, alerts, recommendations, reports, automatic completions and answers of the automated assistant (based on artificial intelligence) are indicative, may contain errors and are not agronomic, legal, tax, accounting, safety or certification advice. Always check product labels and authorisations, doses, pre-harvest intervals, local restrictions and authority requirements before acting.

9.3. The Platform supports record keeping and audit preparation (including GlobalG.A.P.) but does not guarantee obtaining or keeping a certification, a subsidy (APIA/AFIR), an audit result or legal compliance. Declarations to authorities and responsibility for their content remain yours.

10. Subscriptions and payments

10.1. Some modules are available under a subscription. Prices, plans and modules are those shown in the Platform or agreed in writing. The Operator may change prices with reasonable notice, without effect on the period already paid.

10.2. Non-payment may lead to restricted access (including read-only mode) and suspension. Amounts paid are non-refundable, except where the law requires otherwise. Applicable taxes are added where relevant.

11. Availability and changes to the service

The Platform is provided “as is”, with no commitment to uninterrupted availability unless a written agreement sets a service level. The Operator may temporarily interrupt the service for maintenance, may change, add or remove features and may require minimum versions of the mobile applications. Some features rely on third-party services or an internet connection, whose availability does not depend on the Operator.

12. Disclaimer of warranties

To the maximum extent permitted by law, the Operator gives no warranty, express or implied, including of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, or error-free or uninterrupted operation. You use the Platform at your own risk.

13. Limitation of liability

13.1. To the maximum extent permitted by law, the Operator, its affiliates, directors, employees, collaborators, suppliers and licensors are not liable for indirect, incidental, special or consequential damages, loss of profit, revenue, crop, livestock, opportunity, customers, reputation or data, penalties, fines, sanctions or lost subsidies, refusal or withdrawal of a certification, or replacement costs, arising from the use of or inability to use the Platform, from wrong data or from the acts of Users, Partners or third parties — even if informed of the possibility of such damages.

13.2. The Operator’s total aggregate liability to you, for all claims, is limited to the amount you actually paid the Operator for the Platform in the 12 months before the event giving rise to the claim (or RON 100 if you use a free plan).

13.3. The limitations do not apply to liability that cannot be excluded or limited by law (for example for intent or gross negligence, or for injury to life and bodily integrity) and do not affect consumers’ mandatory rights.

13.4. The Operator is not liable for delays or failures caused by force majeure or fortuitous events (including internet or power outages, failures of cloud providers or third-party services, cyber attacks, acts of authorities).

13.5. The persons and entities listed in 13.1 are beneficiaries of this section and may invoke it directly.

14. Indemnification

You must defend, indemnify and hold harmless the Operator, its affiliates, directors, employees and collaborators from any claims, damages, losses, fines, costs and expenses (including reasonable attorney and expert fees) arising from: (a) breach of these Terms; (b) Customer Data and its use; (c) acts or omissions of your Authorised Users and Partners; (d) infringement of third-party rights or of the law; (e) decisions taken on the basis of information in the Platform.

15. Confidentiality

Non-public information about the Platform (architecture, APIs, documentation, roadmaps, commercial terms, discovered vulnerabilities) is confidential. You may not disclose it or use it for any purpose other than the permitted use of the Platform, during the account and for 5 years after termination. Any vulnerability you discover must be reported only to the Operator at contact@e-farm.ro, without publishing or exploiting it.

16. Monitoring, measures and penalties

16.1. The Operator may monitor the use of the Platform and keep access and activity logs (including IP addresses, devices, request volume) for security, abuse prevention and defence of its rights.

16.2. If these Terms are breached (especially sections 5, 6 and 15), the Operator may, without notice and without liability: warn, limit or suspend access, block accounts, IP addresses or devices, withdraw API access, delete unlawful content, terminate the contract, notify the authorities and seek any legal remedy, including precautionary measures and interim injunctions.

16.3. Penalty clause. For each breach of the prohibitions in section 6, items (a)–(e) and (h), or of section 15, the party at fault owes the Operator, without formal notice and without proof of damage, a penalty of EUR 5000 (in RON at the National Bank of Romania rate on the payment date), under art. 1538 of the Romanian Civil Code. The penalty does not remove the Operator’s right to damages exceeding it, to stop the unlawful use and to other measures provided by law.

16.4. The Operator may use in court, as evidence, its electronic logs, the recorded acceptance of these Terms and electronic correspondence.

17. Termination

17.1. You may stop using the Platform at any time by deleting your account or giving written notice. The Operator may terminate or suspend access immediately for breaches, non-payment, security risk or legal obligation, or with 30 days’ notice for other reasons.

17.2. On termination the licence in section 4 ends, you must stop using the Platform and delete any copy of Platform Content in your possession. Sections 5, 6, 7.2, 8, 9, 12–16, 18 and 20 survive termination. Termination does not affect rights and obligations that arose before it.

18. Governing law and disputes

18.1. These Terms are governed by Romanian law. The parties will try to settle any dispute amicably within 30 days of notice.

18.2. Disputes not settled amicably fall within the jurisdiction of the Romanian courts at the Operator’s registered office, unless the law requires another jurisdiction (for example for consumers). Consumers may also contact the National Authority for Consumer Protection (ANPC).

19. Changes to these terms

The Operator may amend these Terms. Material changes are communicated through the Platform or by email at least 15 days before they apply; continued use after that date means acceptance. The version in force is the one published at this address; you may be asked to accept the new version again.

20. General provisions

20.1. Entire agreement. These Terms, together with any separate written agreements, are the entire understanding regarding the Platform. 20.2. Severability. If a clause is void or unenforceable, the rest remains in force and the clause is replaced by the valid one closest in effect. 20.3. No waiver. Failure to exercise a right is not a waiver of it. 20.4. Assignment. The Operator may assign the contract and its rights (for example on merger or transfer of business); you may not assign without the Operator’s written consent. 20.5. Notices. Communications are made through the Platform or to the email addresses in the account and at contact@e-farm.ro. 20.6. Language. The Romanian version prevails in case of differences from translations.

21. Contact

Questions about these Terms, personal-data requests or abuse reports: contact@e-farm.ro.

This document is a general template. The Operator recommends having it reviewed by a lawyer before applying it to specific commercial relationships.