These Terms of Use ("Agreement") constitute a legal agreement between the corporation you represent and its agents ("Business Client," "you," or "your"), and GreenGenes, a Michigan corporation, ("Platform Provider," "we," "us," or "our"). By accessing or using the digital platform ("Platform") provided by Platform Provider, you represent to have the authority to enter into this agreement on behalf of your corporation, and agree the corporation, and its agents are to be bound by these terms and conditions.
1. PLATFORM SERVICES: Platform Provider offers a digital platform that enables Business Client to access data analytics features based on consumption of products that Business Client manufactures or sells. These services include but are not limited to data visualization, insights, reporting, and other related functionalities ("Platform Services").
2. ACCESS AND USE: Business Client agrees to use the Platform solely for the purpose of analytics related to its products, and to utilizing features provided by the Platform Provider, as intended. Business Client is responsible for maintaining the confidentiality of its account credentials and for any activities that occur under its account.
3. DATA: Business Client acknowledges and agrees that it is solely responsible for the accuracy and completeness of data uploaded or provided to the Platform by the Business Client. Platform Provider will provide analytics based upon utilization of that data and/or other data.
4. SERVICE FEES: Business Client agrees to pay any and all applicable service fees as set forth on the Platform for access to, and use of, the Platform Services. The service fee may vary based on the level of access and usage selected by Business Client. Any and all services fees assessed to the Business Client are due upon receipt, and must be remitted prior to Business Client usage of platform for which said fees are required. Service fees paid by the Business Client to Platform Provider are considered non-refundable.
5. SURVEY CREDITS: Survey Credit shall be accrued by a Business Client as follows: for each product purchased for which a Survey Credit was consumed at Business Client point-of-sale, total of that Survey Credit shall be paid by Platform Provider to the Business Client. Survey Credits shall be totaled on the final day of each month for all days during the same month upon which that date falls. All Survey Credits totaled on the final day of each month shall be paid in full by Platform Provider to the Business Client on Net 30 terms.
6. INTELLECTUAL PROPERTY: The Platform, including all content, designs, trademarks, and intellectual property, is owned by Platform Provider. Business Client is granted a limited, non-exclusive, non-transferable license to use the Platform solely for its internal business purposes during the term of this Agreement. The Platform Provider does not own any intellectual property of the Business Client, and is not responsible for images, strain names, plant genetic data, or any other data uploaded by the Business Client.
7. CONFIDENTIALITY: Both parties agree to treat any non-public information disclosed by the other party (not to include aggregated or anonymized data) as confidential. This obligation shall survive the termination of this Agreement.
8. TERM AND TERMINATION: This Agreement shall commence on the date of acceptance and continue until terminated by either party. Either party may terminate this Agreement upon written notice, whether or not the other party breaches any material provision of this Agreement. Upon termination, Business Client's access to the Platform will be disabled, and any outstanding fees shall become immediately due and payable. Business Client may provide written notice of termination to support@mygreengenes.com, and the Platform Provider may provide written notice of termination to the primary email address on record for the Business Client.
9. DISCLAIMER OF WARRANTIES: The Platform Provider provides its services "as is" and without any warranty or condition, express, implied, or statutory. The Platform Provider does not warrant that the services provided will be error-free or uninterrupted.
10. LIMITATION OF LIABILITY: The Company shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of its services, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses.
11. INDEMNIFICATION: The User agrees to indemnify and hold the Company harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Business Client's use of the Platform Provider's services, Business Client's violation of these Terms, or Business Client's violation of any rights of another.
12. MODIFICATION OF TERMS: The Company reserves the right to modify these Terms at any time, with notice provided to the Business Client. The Business Client's continued use of the Platform Provider's services following any such modification shall constitute the Business Client's acceptance of the modified Terms. Email notice sent by the Platform Provider to the Business Client’s primary email address shall constitute written notice.
13. GOVERNING LAW These Terms shall be governed, construed, and enforced in accordance with Michigan law, excluding choice-of-law principles, and all claims relating to or arising out of this Contract are governed by Michigan law, excluding choice-of-law principles.
By using the Platform Services, you acknowledge that you read, understood, and agree to be bound by these Terms of Use. If you do not agree with these terms, you may not use the Platform.
If you have any questions, please contact us at termsofuse@mygreengenes.com Thank you for using our Platform, and welcome to GreenGenes!