These Terms of Service (hereinafter "Terms") create a legal agreement between you and Bayer Science and Innovation Private Limited (formerly known as?Monsanto Holdings Private Limited)?and its affiliates now also an affiliate of Bayer AG (hereinafter "Bayer") pursuant to a specific request made by you to Bayer to receive the FarmRise services, including updates, new versions and any other messages pertaining to the requested services, and certain offers and information from our partners and affiliates in relation to the requested FarmRise services (hereinafter the "FarmRise Service").? By accessing, browsing, using, subscribing to, or registering for the FarmRise Service, or any other explicit acceptance of these Terms, you acknowledge that you have the power and authority to enter into these Terms and have read, understood, and agree to be bound by these Terms. If you do not understand or agree to these Terms, then please do not register for or use the FarmRise Service.?

Use of the FarmRise Service is at your own risk. The FarmRise Service provides information, estimates or recommendations based on models and third party sources, as well as information provided by you. Individual results may vary, as weather, growing conditions and farming practices differ across growers, locations and years.? Bayer does not guarantee any results, and the FarmRise Service should not be used as a substitute for sound farming practices, including diligent field monitoring, or as a sole means for making farming, risk management or financial decisions.? Bayer is not responsible in any way for any actions you take based on the FarmRise Service or any results of those actions.

You agree as follows:?

1. Authorized Users. The FarmRise Service is not for persons under the age of 18. If you are under 18 years of age, then please do not use the FarmRise Service.
2. Confidential Information. The content provided by the FarmRise Service, the FarmRise Service platform information, and any Bayer technology or information provided to you in connection with the FarmRise Service is confidential information owned by Bayer (hereinafter "Confidential Information"). You will not use this Confidential Information other than for your own farming operations. You will not share this Confidential Information with other people without Bayer's prior written approval.
3. Feedback. You give permission to Bayer to use your suggestions or ideas about the FarmRise Service for any reason, at no fee or cost to Bayer and for as long as Bayer deems necessary. You will not receive payment or credit from Bayer for your suggestions or ideas.
4. Your Use of the Services. You may only use the FarmRise Service for your own farming operations as authorized by these Terms. You agree that you will provide accurate, reliable and appropriate information and that you will keep your information up to date.? When you register, you may be asked to provide a password. You should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you are responsible for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit, or charge card number), you will immediately notify Bayer. You will be liable for the losses incurred by Bayer or others due to any unauthorized use of your account. No other rights or licenses to any Bayer technology, services or intellectual property are granted by these Terms.? You agree that none of the FarmRise Service constitutes an essential public function.
5. Restrictions.? Any use of the FarmRise Service or the FarmRise Materials other than as permitted under these Terms or by applicable law, regulation, rule or act is strictly prohibited. Access to the FarmRise Materials and the FarmRise Service from territories where their contents are illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.? In addition, you will not:

• use the FarmRise Service in any way, or make available on the FarmRise Service any information or data, which could be constituted to be hate speech, racist, discriminatory, segregatory or offensive to any group or ethnicity, or sexually provocative in nature.

• do or attempt anything that could disable, overburden, or impair the proper working or appearance of the FarmRise Service or any part thereof or any of the services connected thereto, such as a denial of service attack or interference with page rendering or other aspects of operational functionality.

• remove or modify any markings or notices of our or our licensors' proprietary rights or copy, reproduce, alter, modify, or publicly display any information displayed on the FarmRise Service, or create derivative works from the FarmRise Service, to create or evaluate a competitive product or to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Bayer or any other third party.

• rely on Bayer or the FarmRise Service in connection with your participation in or eligibility for any government plan, scheme, policy or yojana, or any transactions that are carried out at the National Agriculture Market.

6. Use Requirements. To use the FarmRise Service, you will need working internet or cellular access, compatible software, and a device that meets the compatibility and system requirements, which may change from time to time. Bayer does not guarantee that the FarmRise Service or any connected computer system/network/service will function on any particular hardware or devices. In addition, the FarmRise Service may be subject to malfunctions and delays inherent to the use of the internet and electronic communications. These factors may influence the performance and your ability to use the FarmRise Service. These system requirements are your responsibility.?
7. Fees. Access to the FarmRise Service will start after: (a) you agree to these Terms and any other applicable terms and conditions and (b) Bayer receives and processes your registration information. You must provide accurate, current and complete registration and payment information. You will notify Bayer promptly of any changes. You may be charged a fee per calendar month (hereinafter "Subscription Fee") for the FarmRise Service. Bayer will use reasonable efforts to give you advance notice of any decision to charge a Subscription Fee. Once you accept, you must pay the Subscription Fee within five (5) days after the end of each FarmRise Service usage calendar month. You must pay Subscription Fees in Indian Rupees at the then-current subscription rate for you to continue access to the FarmRise Service. Your FarmRise Service will be suspended, cancelled or terminated for non payment. Our Suppliers (defined below) may assist in registration, billing and collection of the Subscription Fee.
8. Warranty Disclaimer .? The FarmRise Service is provided pursuant to a specific request made by you and is provided on an "AS-IS" basis. The FarmRise Service may contain errors and other problems which may result in inability to use the FarmRise Service and loss of data. You will not act solely on the basis of the information provided by Bayer, without independently verifying the same. Your use of the FarmRise Service is at your own risk. To the fullest extent permitted by applicable law, regulation, rule or act, Bayer, and its third party product, services and data providers, including distributors and licensors (together, hereinafter "Suppliers") disclaim any and all warranties, written, spoken or implied, including any warranties of title, merchantability, data, fitness for a particular purpose, non-interference with or non-infringement of any intellectual property rights, or the accuracy, quality or content in or linked to the FarmRise Service, including pricing and data displayed in the FarmRise Service, and those arising from a course of dealing or usage of trade, with respect to the FarmRise Service. Bayer and its Suppliers disclaim all warranties that the FarmRise Service will satisfy or comply with laws and regulations or that the FarmRise Service will be uninterrupted, timely, secure or error-free. You acknowledge that the FarmRise Service may be subject to operating errors or defects including, but not limited to loss of data, delays, non-deliveries, errors, system down time, misdeliveries, network or system outages, file corruption, or service interruptions. No such event will constitute a breach of this or any other contract on the part of Bayer or its affiliates, even if caused by the negligence or gross negligence of Bayer or any of its affiliates, employees, agents, licensors or subcontractors. Bayer and its suppliers do not make any implied or express representations, warranties, declarations or covenants in relation to any governmental policies or any actions or omissions of any other person's activity on the FarmRise Service.

You agree, affirm, understand and acknowledge that participation in any third party event you come to know through the FarmRise Services or navigation to any third party site included or linked to in the FarmRise Service is at your own risk, and Bayer cannot ensure, and does not take any responsibility, that the organiser will provide a safe and secure environment at the venue for the participants attending the event or for the information collection, use, disclosure or security policies or practices by, the information provided by, or other practices of, any third party. You agree, affirm, understand and acknowledge that there has been no explicit inducement in any manner for you to use the services of Bayer, either through the FarmRise Service or otherwise.

9. Limitation of Liability .? Subject to applicable law, regulation, rule or act, Bayer and its Suppliers will not pay and are not responsible for any damages, losses or expenses of any kind, including any direct, indirect, speculative, unforeseeable, special, punitive or consequential damages, losses or expenses, under these Terms or in connection with the FarmRise Service, however caused, but if Bayer or its Suppliers are found responsible for any damages, losses or expenses, the entire liability of Bayer and its Suppliers for all matters or claims, in the aggregate, will be limited to any payments that have been received by Bayer directly from you in relation to such activity that has caused damages, losses or expenses to you. These limitations will also apply with respect to damages incurred by reason of any products or services sold or provided to you by third parties other than Bayer and received by you through or advertised on the FarmRise Service or received by you through any links provided on the FarmRise Service.? This paragraph sets forth the entire liability of Bayer and your exclusive remedy with respect to the FarmRise Service.
10. Termination. You may end these Terms and your use of the FarmRise Service by either sending an SMS or by calling the toll free number provided to you. Bayer may end these Terms and/or your access to the FarmRise Service: (a) if you breach these Terms; or (b) at any time, subject to applicable cancellation terms, if any. Sections 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 16 and 17 will continue to apply and are enforceable even after these Terms end.
11. Indemnification. You will defend, protect, indemnify and hold harmless Bayer and its directors, employees, agents, successors, and assigns ("Indemnified Parties") from and against any and all claims, lawsuits, liabilities, damages, losses or expenses incurred by the Indemnified Parties as a result of, arising out of or relating to: (a) your access to or use of the FarmRise Service, (b) any violation of any portion of these Terms or any applicable laws, regulation, rule or act, (c) any violation by you of any third party right, or (d) any direct, incidental and consequential losses suffered by Bayer due to any of the actions carried out by you in connection with your use or access of the FarmRise Service or otherwise.? The right of indemnification under this Clause is not prejudicial to any other rights of the Indemnified Parties under this Agreement, applicable law, regulation, rule or act, and/or equity.
12. Your Data and Your Privacy. You grant Bayer a license to use any data or information that you provide to Bayer when you set up an account for, access or use the FarmRise Service ("Your Information"). Bayer will use Your Information in accordance with Bayer's privacy policy, as may be amended from time to time, available at FarmRise_Privacy_Policy hereinafter the "Privacy Policy"), which is hereby incorporated by reference into these Terms.? You consent to the collection, use and disclosure of Your Information provided by you to use in accordance with the Privacy Policy.? You further agree that Bayer may share Your Information with third parties that help Bayer in its business processes and as otherwise allowed under these Terms. By registering your telephone number with us, you agree that Bayer may send communications to your phone or account, including, without limitation, messages pertaining to the FarmRise Service and updates about the FarmRise Service, as well as information about other Bayer products pertaining to your expressed interests and offers and information from Bayer's partners in relation to the requested services. You may "opt out" or revoke your consent to receive information about other Bayer products or offers and information from Bayer's partners at any time by contacting Bayer. These third parties are under contract to Bayer and are required to provide similar privacy and security protections.
13. General Terms. For any dispute we cannot resolve amicably, you agree to refer to courts in Mumbai, India. These Terms will be governed by Indian law. Each party will pay its own legal fees. Other languages may be used, but the English version of these Terms governs. You agree to comply with all applicable laws, regulation, rule or act in force within the territory of India. Bayer may assign or transfer these Terms without your consent.
14. Modification of FarmRise Service or These Terms. Bayer may, at its discretion, change or discontinue functionality or features of the FarmRise Service, without cause or notice, for any reason whatsoever. Bayer may, at its discretion, change, modify, add, or remove portions of these Terms at any time and such amended terms will automatically be effective after they are initially posted on the FarmRise Service. Please check these Terms and any guidelines periodically for changes. Your continued use of the FarmRise Service after the posting of changes constitutes your binding acceptance of such changes.
15. Ownership; Proprietary Rights. The FarmRise Service is owned by The Climate Corporation LLC ("Climate") and operated by Bayer on behalf of Climate. The content, visual interfaces, information, graphics, logos, sounds, design, compilation, computer code, products, software, services, and all other elements, whether distinctive or otherwise of the FarmRise Service that are provided by Bayer (hereinafter the "FarmRise Materials") are protected by local and international copyright, trade dress, patent, and trademark laws, international conventions, and all other laws regarding relevant intellectual property and proprietary rights, and applicable laws, regulation, rule or act. For clarity, the FarmRise Materials do not include any content from third party sites, whether the FarmRise Service provides a link to them or not. All FarmRise Materials contained on the FarmRise Service are the copyrighted property of Bayer and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Bayer or its affiliates and/or third party licensors. You will not use, copy or register any word, symbol and/or design that may infringe the Bayer name or marks. Except as expressly authorized by Bayer, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the FarmRise Materials.
16. Identity Authentication. Bayer uses many techniques to identify you when you register for and/or access, browse, use or subscribe to the FarmRise Service, including but not limited to Aadhaar verification. This verification is only an indication of increased likelihood that your identity is correct. You authorize Bayer, directly or through third parties, to make any inquiries Bayer considers necessary to validate your registration.?
17. Support. If you have any issues in relation to all or any part of the FarmRise Service, you can reach out to support@farmrise.com.
18. Waiver. A provision of these Terms may be waived only by a written instrument executed by the waiving party. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same provision or other provisions of these Terms.
19. Independent Contractors. You and Bayer are independent contracting parties and will have no power or authority to assume or create any obligation or responsibility on behalf of each other. These Terms will not be construed to create or imply any partnership, agency or joint venture, or employer-employee relationship.
20. Entire Agreement. These Terms, together with any registration and pricing terms separately provided to you as a part of the FarmRise Service, are the entire agreement between you and Bayer relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms made by Bayer as allowed under these Terms.
    ?
    Image based disease recognition and recommendations:?

Feature scope

The main functionality of the feature in the app is to allow farmers to upload pictures of plants/plant parts that are affected by a disease or pest in order to receive an automated/manual analysis and recommendation based on the kind of problem.?

This feature uses an AI and ML decision support tool based on image recognition techniques as well as manual interpretation. It offers a purely image-based remote analysis of smartphone images of plant diseases/pests/nutrient deficiencies sent by the users. No other additional information will be used during the identification process. The results of this analysis and any recommendations of use of crop protection products will be shared with the users of the feature.?

Response Time?

Users can expect to receive a response within 24 hours of them submitting the images. In rare cases this response time might get extended on account of any technical issues that can arise beyond our control or the number of user requests we receive.?

Data Processing?

Any image or data shared by you will be processed by us for the purpose of providing recommendations to you. We will use these images in order to develop our database and internal knowledge and in-turn give recommendations to other users requesting similar services.?

You are responsible for any photos, profiles, images, videos, audio files or other materials or information sent by you or posted to the application and/or to us (collectively, "User Content"). You hereby agree to grant us unlimited, worldwide, royalty free and transferable rights in such User Content. You agree that any User Content you post may be used by us, consistent with FarmRise Privacy Policy and you are not entitled to any payment or other compensation for such use.?

When you upload a picture of a plant part, we collect the following data in connection with the user for the purpose of improving the analysis results, algorithms and performance, stability, security and user experience of the app, based on a legitimate interest in these purposes. Under no circumstances do we use the data collected to draw any conclusions about you personally.?

1. User/Device ID (internal)?
2. Location (latitude, longitude)?
3. Date and Timestamp?
4. Image size and source?
5. Device (Brand, Name, Model, OS & App version, Locale (ISO country code)?
6. Network (Carrier, Type)?

Rights of use (IP)?

All rights, title and interest in the application and all intellectual property rights and other proprietary rights in the feature and application, including but not limited to its constituents, content, text, images, audios, audio-visuals, literary work, artistic work, specifications, instructions, abstracts, software, source code, object code, domain names, application names, and all other elements, data, information and materials therein ("Materials") are the property of Bayer and/or its licensors and are protected under laws of India and other jurisdictions in the world. Bayer retains full, complete and absolute rights, title and interest in the application and all intellectual property rights and other proprietary rights therein.?

Limitation of Liability?

Bayer expressly disclaims any warranties or representations in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, title and non-infringement or legality of the information, advice, materials or products listed or displayed or provided or the content (including but not limited to product information and/or specifications) on the application. While reasonable precautions have been taken to avoid inaccuracies in the content, advice and the application, the application and all content, information, software, products, advice, services, materials, user content and related graphics are provided ‘as-is’ and ‘where-is’, without warranty (express or implied) of any kind.?

The information, advice and recommendations available through the application are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. To the maximum extent permitted by law, you assume full risk and responsibility for the use of information / advice / recommendation you obtain from or through this application and waive, release, discharge and agree to defend, indemnify and hold harmless Bayer from all claims, actions, losses, damages.?

Bayer (or FarmRise) will not be responsible for any adverse events arising out of or in connection with the agronomy advise or use of recommended crop protection products, as the advice or recommendations are based only on the images shared by the user and does not involve any on field scouting/monitoring of the field conditions, application of solutions or any other development. Bayer (or FarmRise) will not be responsible for any adverse events since some of the crop protection products and dosages recommended might not be in our portfolio and are based on generally available information.?

The video is hosted by a third-party platform, not owned or controlled by us and subject to the third-party's terms and privacy policies. We are not responsible for its content, accuracy, legality, or availability. By clicking play, you agree to these terms and we accept no liability for any loss or damage from your use of the video or third-party services.