Welcome to Fetura CLOUD – FARMWATCH PRO (“Service,” “we,” “us,” or “our”). By accessing or using our website, mobile application, platform, devices, sensors, or related services (“Platform”), you, the user (“User” or “you”), agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, do not use our Service.

1. Eligibility and Acceptance of Terms

You must be at least the age of majority in your jurisdiction to use the Service. By using the Service, you represent and warrant that you have full authority and legal capacity to enter into these Terms and form a binding agreement.

2. Description of the Service

Our Service provides wireless temperature sensors, radar feed measurement devices, and a monitoring platform for farm-related environmental conditions. We may provide alerts via SMS, email, and/or phone calls for events such as abnormal temperatures, low battery warnings, feed level changes, or power outages. These alerts and features are provided for informational purposes only and are not a substitute for on-site checks, emergency systems, or professional judgment.

3. No Emergency Services

This Service is not intended, nor certified, as an emergency response system. Do not rely on it as a replacement for professional emergency services or safety equipment. In case of any emergency, you must seek immediate assistance from qualified professionals or contact emergency services.

4. User Accounts and Security

You are responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss resulting from unauthorized access.

5. Payment and Fees

Certain features of the Service may require payment. All fees, subscription charges, and applicable taxes will be disclosed at checkout. By providing payment information, you authorize us to charge the listed amounts. We reserve the right to change fees at our discretion, with notice to you.

6. Intellectual Property

All intellectual property, including but not limited to trademarks, service marks, logos, and content, belong to us or our licensors. You may not copy, reproduce, distribute, or create derivative works without our prior written consent.

7. Restrictions on Use

You agree not to:

• Use the Service for any unlawful or fraudulent purposes.
• Interfere with the operation of the Service or attempt to access areas you are not authorized to access.
• Reverse engineer, decompile, or disassemble any software or hardware associated with the Service.

8. Third-Party Services and Integrations

Our Service may integrate with or rely on third-party providers, such as SMS gateways (e.g., Amazon Pinpoint), telecommunications carriers, or data storage services. We are not responsible for their actions, errors, or downtime. Your use of third-party services may be subject to additional terms and conditions of those parties.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR ANY OTHER LOSSES OR DAMAGES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

11. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective employees, agents, and licensors from and against all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service or violation of these Terms.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the state of [State, USA], without regard to its conflict of law principles, and applicable federal laws of the United States or Canadian provincial and federal laws if you use the Service from Canada.
Any disputes arising out of these Terms shall be resolved through binding arbitration conducted in English in [County, State, USA], unless otherwise required by applicable law. Each party shall bear its own costs of arbitration.

13. Changes to Terms

We may update these Terms from time to time. Any changes are effective when posted. Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms.

14. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in effect. These Terms constitute the entire agreement between you and us regarding the Service.

15. Contact Us

For any questions about these Terms, please contact us at:
Email: [contact@feturacloud.com]
Address: [Augustowo 6 86-022 Dobrcz POLAND]