By using the Sprout Open Content Agriculture Platform (“Sprout”) Service (“the Service”), you accept and agree to be bound by the terms of Service (“Terms”).
Definitions
An “Account” represents your legal relationship with Sprout. A “User Account” and individual User’s authorization to log in and to use the service and serves as the Users identity on Sprout.
“Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
Content Sharing Agreement refers to the Creative Commons License User chooses and documents on Website to allow for use of their uploaded Content. If no Creative Commons License is chosen by User for Your Content, If no agreement is chosen, Attribution 4.0 International (CC BY 4.0) will be assigned to your content.
“Sprout”, “We”, “Us”, “Our” is hosted by Mercy Corps Agrifin refers to Mercy Corps Agrifin affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
The “Service” refers to content, applications, software, products, analytics and services provided by Sprout.
The Terms of Service (“Terms”) refers, collectively, to all the terms, conditions and notices referred to and referenced in this document and all other operating rules, policies and procedures we may publish from time to time on the Website.
The “User” “You” refers to the individual person, company or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age.
The “Website” refers to Sprout’s website located at www.sproutopenplatform.com and all content, services, and products provided by Sprout at or through the Website.
“Sprout Learning” refers to Sprouts Whatsapp for Business Chatbot documented on the Website and provided as a service to Users.
Account Terms
Summary. Users have administrative controls. A human must create the account. You alone are responsible for the account and anything that happens while you are signed in and using the account. You are responsible for keeping the account secure.
Account Controls. Subject to these terms, you as a User retain ultimate administrative control over your organization's subscription, your personal user account and the Content within it. Each organization will designate one user to act as an administrator for the organization. This admin will create users for other users that are associated with the organization.
Required Information. You must provide a valid email address in order to complete the sign-up process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity).
Account Requirements. We have a few rules for User accounts on Sprouts Service.
You must be a human to create an Account.
Machine accounts are permitted. A machine account is an Account set-up by an individual human who accepts the terms on behalf of the Account and provides a valid email address and is responsible for its actions.
You must be 13 years or older.
Your login may be used by only one person.
User Account Security. You are responsible for keeping your account secure while you use our service. You will notify Sprout if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.
Acceptable Use.
Summary. Sprout hosts a wide variety of content projects from all over the world that are freely available for Users to use, but this only works when users who provide content and users who use content work together in good faith. While using this section, you must follow the terms of this section.
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with any applicable regulations.
Summary. You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to.
Responsibility for User Generated Content
You may upload content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
Sprout can remove content. We have the right to review or remove any User Generated Content, that in our sole discretion violates any laws, terms or policies.
Ownership of Content, Right to Post and License Grants
You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Users — certain legal permissions in the License to grant others section below.
License Grant to Us
Summary. We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users.
This license does not grant Sprout the right to sell Your Content. It also does not grant Sprout the right to otherwise distribute or use Your Content outside of our provision of the Service, except that as part of the right to archive Your Content.
License Grant to Others
Any User-Generated Content you post, including content, documentation, may be viewed by others. You may adopt a licence for content sharing agreement while generating content (examples from Website). We provide six options, from the Creative Commons Framework to associate with your content. If you do not select a Content Sharing Agreement, Creative Commons Attribution 4.0 International (CC BY 4.0) will be assigned to your content. Users will be free to use the content within the guidelines of Acceptable Use Policies.
Copyright Infringement and Digital Millennium Copyright Act (DCMA) Policy
If you believe that content on our website violates your copyright, please contact us. If you are a copyright owner and you believe that content on Sprout violates your rights, please contact us by email. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
Intellectual Property Notice.
Summary. We own the service and all of our content. In order for you to use our content, we give you certain rights to it but you may only use our content in the way we have allowed.
Trademarks and Logos. If you would like to use Sprout trademarks, contact Sproutby email. .
License to Sprout Policies. This agreement is licensed under the Creative Commons Zero
API Terms
Summary. You agree to these Terms of Service, plus this Section 8, when using any of Sprouts APIs (Application Provider Interface), including use of the API through a third party product that accesses Sprout.
Abuse or excessively frequent requests to Sprout via the API may result in the temporary or permanent suspension of your Account's access to the API. Sprout, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
You may not use the API to download data or Content from Sprout for spamming purposes.
All use of the Sprout API is subject to these Terms of Service
Sprout Additional Product Terms
Summary. You need to follow certain specific terms and conditions for SproutS various features and products and you agree to Supplemental Terms and Conditions when you agree to this Agreement.
Summary. We use email and other electronic communications to stay in touch with our users.
Electronic Communication Required. For contractual purposes, you (1) consent to receive communications from us n an electronic form via the email address you have submitted or via the Service; and (2) agree to all Terms of Service, agreements, notices, disclosures and other communications we provide that you electronically satisfy any legal requirement that those communications would satisfy if they were on paper.
Legal Notice to Sprout Must Be in Writing. Communications made through email or Sprout support messaging system will not constitute legal notice to Sprout or any of its hosts, officers, employees, agents or representatives in any situation where notice to Sprout is required by contract or any law or regulation. Legal notice to Sprout must be in writing and served on Sprout 's legal agent.
Sprout only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
Disclaimers of Warranties
Summary. We provide our service as is and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
Sprout provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Sprout does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
Limitation of Liability.
Summary. We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
the use, disclosure, or display of your User-Generated Content;
your use or inability to use the Service;
any modification, price change, suspension or discontinuance of the Service;
the Service generally or the software or systems that make the Service available;
unauthorized access to or alterations of your transmissions or data;
statements or conduct of any third party on the Service;
any other user interactions that you input or receive through your use of the Service; or
any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
Release and Indemnification
Summary: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.
If you have a dispute with one or more Users, you agree to release Sprout from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Sprout (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Sprout of all liability); and (3) provides to you all reasonable assistance, at your expense.
Changes to These Terms
Summary: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any material changes and give you time to adjust to them.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your GitHub account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
Miscellaneous
Governing Law. Except to the extent applicable law provides otherwise, this Agreement between you and Sorout and any access to or use of the Website or the Service are governed by the federal laws of the USA. You and Sprout agree to submit to the exclusive jurisdiction and venue of the courts located in USA.
Non-Assignability. Sprout may assign or delegate these Terms of Service and/or the in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section 5.2.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
Section Headings and Summaries. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
Severability, No Waiver, and Survival. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Sprout to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Amendments; Complete Agreement.This Agreement may only be modified by a written amendment signed by an authorized representative of Sprout, or by the posting by Sprout. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and GitHub relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
