Terms of service
The terms for using Mothmr: your account, your data, fair use, what satellite and weather readings can and cannot tell you, payment and liability.
1. Who we are and what these terms cover
Mothmr is a farm-management service provided by 3lom.ai LLC, 8 The Green, Dover, DE 19901, United States ("3lom.ai", "we", "us"). These terms apply to the website at mothmr.com, the Mothmr application and its partner API (together, "the Service").
By creating an account, signing in or otherwise using the Service, you accept these terms and acknowledge our Privacy Policy. If you use the Service for an organization, you confirm that you may accept these terms on its behalf, and "you" then includes that organization.
An organization may also sign a separate agreement with us, for example for a pilot. Where that agreement differs from these terms, the agreement applies.
2. Your account
You must be at least 18 years old to create an account.
- Give accurate details when you register, and keep them up to date.
- Keep your password, and the email address, phone number or Google account you sign in with, secure. You are responsible for what happens under your account.
- An account is for one person. Do not share your sign-in details; an organization adds each member separately.
- Tell us promptly if you think someone else has used your account.
Self-service registration creates an account for a person farming their own fields. A team, with supervisors, field workers and assigned work, uses an organization workspace, which we set up with you after a demonstration. The administrators of an organization workspace decide who joins it, what role each member has and which fields each member can see, and they are responsible for the people they add.
3. Your data
You keep all rights to the information you put into the Service: field boundaries, crops, seasons, tasks, notes, photos, sensor readings, records and reports ("your data").
You allow us to store, process, copy and display your data only as needed to provide, secure and support the Service for you, and as described in the Privacy Policy. We do not sell your data.
In an organization workspace, the organization controls the workspace and its data. Its administrators can see and manage the work records of members within the fields they are responsible for.
You are responsible for having the right to upload what you upload, including photos of other people and data that belongs to someone else. While your account is active you can export your records from the Service.
4. Acceptable use
When you use the Service, do not:
- break the law or infringe anyone else's rights;
- try to reach accounts, workspaces, fields or data you have not been given access to;
- probe, scan or test the Service for vulnerabilities without our written permission;
- disrupt or overload the Service, or get around its rate limits, access controls or usage limits;
- copy data out of the Service in bulk other than through its exports, or through the partner API within its limits;
- upload malicious code, or content that is unlawful, abusive or deceptive;
- resell or sublicense the Service without a written agreement with us.
Partner API credentials and webhook secrets are yours to keep confidential. Requests made with them are treated as made by the workspace that issued them.
5. What the Service can and cannot tell you
Mothmr helps you decide where to look and what to do next. It does not replace looking.
- Satellite observations are made when a satellite passes over the field, every few days. Cloud can hide the ground, so a reading may be missing, partial or several days old. Each reading shows its date and how much of the field it covered.
- Weather is an estimate for the field's coordinates from third-party providers, not a measurement taken in your field.
- Indices, advice, crop-suitability rankings and alerts are decision support. They do not diagnose disease, prescribe a product or a dose, or calculate an irrigation amount.
- Sensor readings come from platforms we do not control, and the Service never sends commands to your devices.
Decisions about your crops, inputs, water, workers and safety are yours. Check conditions in the field before acting on anything the Service shows.
6. Services run by others
Parts of the Service depend on providers we do not control, including Google sign-in, the messaging providers that deliver sign-in codes, payment processors, weather and satellite-imagery providers, sensor platforms and map-tile providers. Their availability and their own terms are outside our control, and we are not responsible for them.
Satellite imagery in the Service contains modified Copernicus Sentinel data.
7. Fees and payment
You can create an individual account without paying. Individual accounts have limits, for example on the number of fields and people; we may change these limits, and we may raise them for you on request.
Organization workspaces and some features need a paid plan. The price, what it includes and the billing period are agreed with you, or shown to you, before you pay. Payments are handled by our payment providers, such as Stripe, and we do not see or store your full card number. Unless stated otherwise, prices do not include taxes.
If a payment is not made when it is due, we may suspend the paid features of the workspace until it is.
8. Availability and changes to the Service
We work to keep the Service available, but we do not promise that it will be uninterrupted or free of errors. We may need to pause it for maintenance, and we try to do that at quiet times.
We improve the Service continually and may add, change or remove features. If a change removes something you pay for, we will tell you in advance where we reasonably can.
Some features are new or not yet certified, for example connections to sensor platforms that have not been tested against a live account. Use them with that in mind.
9. Ending your use
You can stop using the Service at any time, and you can ask us to close your account using the contact details below. Export anything you want to keep first.
We may suspend or close an account that breaks these terms, puts the Service or other users at risk, or that we must close by law. Where it is reasonable, we will tell you first and give you a chance to put things right.
When an account is closed, access ends and we delete or anonymise its data as described in the Privacy Policy. Parts of these terms that by their nature should continue, such as those on liability and on the law that applies, continue after the account ends.
10. Our rights
The Service, its software, design and text, and the Mothmr and مثمر names and marks belong to 3lom.ai or its licensors. We give you a limited, non-exclusive, non-transferable right to use the Service under these terms; nothing else is transferred to you.
If you send us feedback or suggestions, we may use them without any obligation to you.
11. No warranties
To the extent the law allows, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not guarantee any agricultural result, harvest or yield, or that any reading will be available or correct.
12. Limits on liability
To the extent the law allows, neither you nor we are liable for indirect, incidental, special, consequential or punitive losses, or for lost profits, revenue, harvest or goodwill, arising from the Service or these terms.
To the extent the law allows, our total liability for all claims relating to the Service is limited to the greater of the amount you paid us for the Service in the twelve months before the claim, and 100 US dollars.
Nothing in these terms limits liability that cannot be limited by law, such as liability for fraud or for death or personal injury caused by negligence, and nothing takes away rights you have as a consumer under the law of the country where you live.
13. The law that applies
These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules. The courts of Delaware have jurisdiction over any dispute, unless the mandatory law of the country where you live as a consumer gives you the right to bring proceedings there.
Before starting formal proceedings, please contact us so that we can try to resolve the matter.
14. Changes to these terms
We may update these terms. When we do, we publish the new version here with its date. If a change materially affects your rights, we will tell you in the Service or by email before it takes effect, where we reasonably can. If you keep using the Service after a change takes effect, you accept the updated terms.
15. Contact
You can send questions about these terms through the enquiry form on mothmr.com, through Support inside the application, or by post to 3lom.ai LLC, 8 The Green, Dover, DE 19901, United States.