BYDV Assist App Terms & Conditions

Version Date: Oct 15 2023.

Please take a few minutes to review these Terms & Conditions carefully. By using the BYDV Assist App (“App”) you agree to comply with and be bound by these Terms & Conditions. We reserve the right to make changes to these Terms & Conditions when we issue an updated version of the App. If we do so, we will ask you to accept the updated Terms & Conditions before your first use of the updated App.

Introduction. In these Terms and Conditions “Syngenta” and “we”, “us”, and “our” means Syngenta UK Limited (reg’d co. no. 00849037, reg’d office address Cpc4, Capital Park, Fulbourn, Cambridge, CB21 5XE), Syngenta Ireland Limited (reg’d co. no. 021021), reg’d office address 6th Floor, South Bank House, Barrow Street, Dublin 4, D04TR29 and our group companies.

If you download and use the App on behalf of a company or other business entity (“Business”) you represent and warrant that you are authorized to bind the Business to the Terms & Conditions. Unless the context otherwise requires, in the Terms & Conditions, “you” and “your” means both the person who has downloaded and uses the App and the Business on behalf of which the App has been downloaded (if any).

Barley Yellow Dwarf Virus (BYDV). The App is a scouting app designed to aid in spray timing of foliar insecticides on wheat and barley crops to control primary infection and secondary spread of BYDV, which is primarily transmitted by the bird cherry-oat aphid and the grain aphid. Using the data which you input into the App (field location, drill date, emergence date, last treatment date), the App will calculate the risk of infection by secondary generation BYDV offspring from average daily air temperature data and historic weather data for the field location. Based on the calculated risk, the App will then recommend when you should consider spraying and provide guidance based on the local, seven day weather forecast for the field location. PLEASE NOTE THAT the App cannot predict primary infection and you will still need to inspect your fields for aphid pressure. Syngenta does not provide any guarantees or accept any liability with respect to the calculated BYDV risk assessment, spray guidance or any other outputs obtained through the App. You agree that you are responsible for inspecting the fields and exercising your judgment in deciding whether to follow or implement spray guidance or other outputs. We draw your attention to the “Disclaimer” and “Limitation of liability” paragraphs below.

Changes to the App. We reserve the right change the App (including its content and functionality) and/or the Terms & Conditions from time to time. Syngenta will not be liable to you in any way for possible consequences of changes to the App or the Terms & Conditions.

Personal data privacy notice. Please review the Privacy Notice on the App for more information on how we process personal data and the rights that you have.

Password security. It is your responsibility to keep your account password secure. If you forget your password, you can reset it via the App.

Proprietary rights. The App contains Trademarks and Contents which are proprietary to Syngenta or its licensors and which are protected by intellectual property and other rights and laws. Syngenta and its licensors retain exclusive ownership of the App, its Contents and Trademarks. You may not reproduce, display or otherwise use any Trademark except as set out below. “Trademarks” means trademarks, service marks and logos. “Contents” means the following and all intellectual property rights therein: (i) the historic weather data, weather forecasting and underlying algorithms and software which power the BYDV Assist service; (ii) the BYDV risk assessment, spray application guidance and any other outputs which you obtain via the App (“Outputs”); (iii) the design, features, functionality, navigation and look and feel of the App; and (iv) feedback, such ratings, comments, criticism, suggested improvements posted by you on the App (“Feedback”)

Your license to use the App. You are granted a non-exclusive license to use the App and to download, run, store, print, copy and share Outputs from the App, provided that you only use the Outputs within your Business and you do not modify the Outputs in any way (for example, by deleting or modifying any Trademarks or other notices). You may not sell or otherwise transfer Outputs to third parties or generate Outputs for third parties (such as other farm businesses). Any third party wishing to access services through the App should download the App.

Except as stated above, no other rights to the Outputs, the App or any of its Contents are transferred to you. For example (without limitation) you may not do the following without first obtaining written permission from Syngenta: publish, display or transfer the App or link it to any other publicly available site.

Warranty re data which you upload to, or post on, the App. “Your Content” means all information and Feedback which you submit through the App. You represent and warrant that:

  1. Your Content complies with all applicable laws and you have the rights required to submit it through the App and to grant the license set out below under “Your license grant to Syngenta”
  2. Where Your Content includes personal data relating to an individual other than yourself (for example, name, social media log-in, email address, address, geolocation data (such as location of farm fields)), you have obtained that individual’s prior, informed consent by asking them to read and confirm to you that they understand and agree with the terms of the Privacy Notice set out on the App; and
  3. Your Content does not infringe any third party’s intellectual property, privacy or other rights and Syngenta will not need to obtain licenses from, or pay royalties to, any third party.

Your license grant to Syngenta. By submitting Your Content to the App, you grant Syngenta a non-exclusive, worldwide license to use Your Content (in anonymized from) for any purpose (including, without limitation, to develop products and services which are not offered through the App). You agree that the license is perpetual, royalty free, sub-licensable personal data, we will only use such personal data in accordance with the Privacy Notice for the App.

Restrictions on your use of the App. You agree to comply with applicable law when using the App. You agree not to use an automated system to access the App or alter the App functionality or availability of the App. You agree not to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the App or its Contents or attempt to derive the source code or create derivative works.

DISCLAIMER. The App is provided on an “as is, as available” basis. We do not guarantee that the App will always be available. Although we will try to minimize disruption and inform you in advance of planned shut-downs, we reserve the right to shut down the App without prior notice. To the fullest extent permitted under applicable law, Syngenta and our respective service providers and licensors disclaim all representations and warranties of any kind including: (a) all warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the App and its Contents; (b) all warranties relating to delays, interruptions, errors, or omissions in the operation of the App or any part of the App; (c) all warranties relating to the transmission or delivery of the App or its availability at any particular time or location; (d) all warranties relating to the security of the App or that the Contents of the App are free of viruses, worms or other code that may manifest contaminating or destructive properties; and (e) all warranties relating to the use, validity, accuracy, currency, completeness, suitability, reliability of the App and its Contents.

LIMITATION OF LIABILITY. Your use of the App and its Contents is at your sole risk. To the fullest extent permitted by applicable law, Syngenta and our respective service providers and licensors shall not be liable (whether in contract, negligence, tort, strict liability or otherwise) for any losses or damages arising out of or in connection with: (a) your access to, use of, or inability to use, the App or its Contents or for your reliance on the Contents; (b) for possible errors or omissions in the Contents. This limitation of liability applies to all losses and damages of any kind, whether direct or indirect, including without limitation, interruption of business, loss of or damage to data, crops or goodwill, and loss of revenue or profits even if Syngenta knew or should have known of the possibility of such loss.

You acknowledge and agree that Syngenta could not make the App and its Contents available to you at no charge if liability were not limited as above.

If any limitations of liability are invalid or unenforceable for any reason, then the aggregate liability of Syngenta and our respective service providers and licensors shall not exceed one hundred pounds (£100.00) or an equivalent amount Euros.

Governing law and jurisdiction. For users of the App in the UK: the Terms & Conditions shall be governed by the laws of England and Wales without regard to conflict of law principles and the ordinary courts of England and Wales shall have exclusive jurisdiction for any claims relating to the Terms & Conditions. For users of the App in Ireland: the Terms & Conditions shall be governed by the laws of the Republic of Ireland without regard to conflict of law principles and the ordinary courts of the Republic of Ireland shall have exclusive jurisdiction for any claims relating to the Terms & Conditions.