DairyCraftPro

Terms and Conditions

1. Acceptance of Terms

By accessing or using DairyCraftPro (“the App”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree with these Terms, please do not use the App.

2. Description of Service

DairyCraftPro provides dairy, cheese, and yogurt producers with tools to organize their daily production by inputting and saving relevant production information.

3. User Accounts

  • Registration: To access certain features, you must create an account by providing your first name, last name, company name, profile picture, email address, telephone number, and country of residence.
  • Account Responsibility: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
  • Age Restrictions: You must be at least 18 years old to create an account and use the App. By registering, you confirm that you are at least 18 years of age.

4. Subscriptions

  • Free and Paid Plans: The App offers both free and paid subscription plans. Details of each plan, including pricing and features, are provided within the App.
  • Payment Terms: Subscription fees are billed in advance and are non-refundable, except as required by law.
  • Cancellation: You may cancel your subscription at any time. The cancellation will take effect at the end of the current billing cycle. No refunds will be issued for the remaining period of the subscription.
  • Data Retention: All your information and production data will be stored securely for one year after the end of your subscription, after which it will be permanently deleted from our systems.

5. User Data and Calculations

  • Data Input: You may input production information, which will be stored in the App.
  • Calculations: All calculations made by the App are intended for user awareness only. DairyCraftPro is not responsible for any issues or damages resulting from the use of this information.
  • Data Accuracy: While we strive for accuracy, we do not guarantee that any data or calculations are error-free.

6. Intellectual Property Rights

  • Ownership: All intellectual property rights in the App and its content (excluding user-generated content) are owned by DairyCraftPro.
  • License to Use: We grant you a limited, non-exclusive, non-transferable license to access and use the App for its intended purposes in accordance with these Terms.

7. User Conduct

You agree not to engage in any of the following prohibited activities:

  • Unauthorized Use: Accessing or using the App for any unlawful purpose or beyond the scope of authorized access.
  • Interference: Disrupting or interfering with the security or functionality of the App.
  • Harmful Code: Uploading or transmitting viruses, malware, or any other harmful code.
  • Misrepresentation: Misrepresenting your identity or affiliation with any person or entity.
  • Infringement: Engaging in any activity that infringes upon the rights of others, including intellectual property rights.

8. User-Generated Content

  • Content Responsibility: You are solely responsible for any content you input, upload, or submit to the App.
  • License to Use Content: By submitting content, you grant DairyCraftPro a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, and display such content as necessary to operate and provide the App.

9. Third-Party Services and Links

  • Disclaimer: The App may contain links to third-party websites or services that are not owned or controlled by DairyCraftPro. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
  • User Acknowledgment: You acknowledge and agree that DairyCraftPro shall not be responsible or liable for any damage or loss caused by or in connection with the use of such external websites or services.

10. Disclaimer of Warranties

  • No Warranties: The App is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.
  • No Guarantee:We do not guarantee that:
    • The App will meet your specific requirements.
    • The App will be uninterrupted, timely, secure, or error-free.
    • The results obtained from the use of the App will be accurate or reliable.

11. Limitation of Liability

  • Limitation: To the fullest extent permitted by law, DairyCraftPro and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.
  • Monetary Cap: Our total liability to you for any claims arising out of or relating to these Terms or your use of the App shall not exceed the amount you have paid to us in the last twelve (12) months, if any.

12. Indemnification

You agree to indemnify, defend, and hold harmless DairyCraftPro, its affiliates, officers, agents, and employees from any claim, liability, damage, loss, or expense (including reasonable attorneys’ fees) arising out of or in connection with:

  • Your use of the App.
  • Your violation of these Terms.
  • Your violation of any rights of a third party.

13. Dispute Resolution

  • Contact Us: If you have any disputes or issues arising from the use of the App, please contact us at info@dairycraftpro.com.
  • Resolution Process: We will attempt to resolve all disputes through amicable discussions.
  • Governing Law and Jurisdiction: These Terms are governed by and construed in accordance with the laws of the State of [Insert State], United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within [Insert County], [Insert State].

14. Compliance with Laws

  • Legal Obligations: You agree to comply with all applicable laws and regulations of the United States of America and the European Union while using the App.
  • Regulatory Requirements: DairyCraftPro adheres to relevant U.S. and EU legal and regulatory requirements concerning data protection and user privacy.

15. Force Majeure

DairyCraftPro shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to:

  • Acts of God.
  • War or civil unrest.
  • Natural disasters.
  • Governmental actions.
  • Network failures or internet disruptions.

16. Modifications to Terms

  • Updates: We reserve the right to modify these Terms at any time.
  • Notification: Changes will be effective immediately upon posting the updated Terms within the App. We will notify you of significant changes via email or through prominent notices within the App.
  • Acceptance of Changes: Your continued use of the App after the posting of changes constitutes your acceptance of such changes.

17. Termination

  • Rights: We reserve the right to suspend or terminate your account and access to the App at our discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
  • Effect: Upon termination, your right to use the App will immediately cease.
  • Data Retention After Termination: Your data will be stored for one year after termination, after which it will be permanently deleted from our systems.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and DairyCraftPro regarding the App and supersede any prior agreements, understandings, or communications, whether written or oral.

20. Assignment

  • Your Rights: You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
  • Our Rights: We may assign or transfer our rights and obligations under these Terms without restriction and without notice to you.

21. Notices

  • Method of Communication: All notices or other communications required or permitted under these Terms will be in writing and delivered electronically.
  • Electronic Delivery: We may provide notices to you by email to the last email address you provided us or by posting within the App.

22. Electronic Communications

By using the App, you consent to receive electronic communications from us. You agree that:

  • Legal Requirement: Any notices, agreements, disclosures, or other communications that we send to you electronically satisfy any legal communication requirements.
  • Opt-Out: You may opt-out of receiving promotional emails by following the unsubscribe instructions provided in those emails.

23. Privacy Policy Reference

  • Policy Incorporation: Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
  • Consent: By using the App, you consent to the collection and use of your information as outlined in the Privacy Policy.

24. Feedback

  • Voluntary Submission: Any feedback, comments, or suggestions you may provide regarding the App are entirely voluntary.
  • Use of Feedback: We are free to use, disclose, reproduce, license, or otherwise distribute and exploit the feedback as we see fit, without any obligation to you.

25. Beta Features

  • Availability: From time to time, we may offer new features in a beta version.
  • “As Is” Basis: Beta features are provided “as is” and may contain defects or errors.
  • Limitation of Liability: We are not responsible for any issues arising from your use of beta features.

26. Age Restrictions

  • Minimum Age: Users must be at least 18 years old to use the App.
  • Parental Consent: If you are under 18, you may not use the App.

27. Force Majeure

  • DairyCraftPro shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control.

28. Governing Language

  • These Terms of Use have been written in English. To the extent any translated version conflicts with the English version, the English version controls.

29. No Waiver

  • Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

30. Contact Information

  • If you have any questions about these Terms, please contact us at:

     

    Disclaimer: This Terms of Use document is provided for informational purposes only and does not constitute legal advice. It is recommended that you consult with a qualified attorney to ensure that your Terms of Use comply with all applicable laws and regulations specific to your jurisdiction.