BITSTRATA SYSTEMS INC.
AGRIMATICS TECHNOLOGIES GENERAL TERMS AND CONDITIONS
Last updated: April 29, 2024
These Terms and Conditions (the “Agreement”) are an agreement between you (“You”) and Bitstrata Systems Inc. (“Bitstrata”) regarding your use of Agrimatics goods, cloud-based solution and user interfaces, including all features and functionalities and all associated content and software.
IMPORTANT: ANY AFFIRMATIVE ACTION BY YOU (SUCH AS, FOR EXAMPLE, CLICKING “I AGREE” OR “OK”, OR CHECKING A BOX OR SIGNING A DOCUMENT REFERENCING THE AGREEMENT) INDICATES THAT YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.
ARTICLE 1 – DEFINITIONS
In this Agreement:
- 1.1 Account: means Your membership account to the Agrimatics Service, represented by Your unique account number, which allows You to access and use the Agrimatics Service.
- 1.2 Aggregated Data: means a compilation of multiple users’ data relating to the use of the Agrimatics Service with respect to which Bitstrata has taken commercially reasonable precautions to ensure that no individual, particular transaction or entity can be identified.
- 1.3 Agrimatics Data: means any proprietary information, documents, records, materials or data provided to You or accessible by You through use of the Agrimatics Service.
- 1.4 Agrimatics Basic Service: means the Agrimatics cloud-based solution which allows You to automatically upload, store, view and export Your Data through a web or mobile app.
- 1.5 Agrimatics Pro Service: means the Agrimatics cloud-based solution which includes the Agrimatics Basic Service and additionally, upon payment of the applicable Service Fee, allows You to synchronize, view and edit Your Data across multiple mobile devices through a web or mobile app.
- 1.6 Agrimatics Service: means the Agrimatics Basic Service and, where You have signed up for and paid the corresponding Service Fees, the Agrimatics Pro Service.
- 1.7 Bitstrata Limited Warranty: means the limited warranty supplied by Bitstrata in respect of Goods, the terms and conditions of which are set out at: www.agrimatics.com/warranty
- 1.8 Goods: means all goods (“Goods”) supplied by Bitstrata which references these Terms and Conditions.
- 1.9 IP Rights: means any intellectual property rights recognized by law (including any intellectual property rights protected through legislation such as governing patents, trademarks, copyrights and industrial designs) and all intangible rights or privileges of a nature similar to any of the foregoing, whether or not registered or patentable, and shall include all rights in any applications and granted registrations for any of the foregoing.
- 1.10 Service Fee: means the fee which You agree to pay in consideration for access to the Agrimatics Pro Service.
- 1.11 Your Data: means any data, information or materials gathered, compiled, uploaded, created or authored by You using the Agrimatics Service (including but not limited to load weights and associated land locations), but does not include information or other data proprietary to Bitstrata.
ARTICLE 2 – THE AGRIMATICS GOODS AND SERVICES TERMS
- 2.1 Use of Agrimatics Basic Service. Subject to this Agreement, and only for the term of this Agreement, Bitstrata grants you the right to access and use the Agrimatics Basic Service strictly for the purpose of uploading, storing, viewing and exporting Your Data using a cloud-based solution and a web or mobile app.
- 2.2 Use of Agrimatics Pro Service.
- (a) Right of Access and Use ~ Subject to this Agreement, the sign-up procedure, and the payment of the Service Fees, Bitstrata grants you the right to access and use Agrimatics Pro Service for the purpose of synchronizing, viewing and editing Your Data among and between a number of mobile devices and a web app.
- (b) Service Fees ~ You acknowledge and agree that by signing up for the Agrimatics Pro Service, You agree to provide Bitstrata with the annual Service Fees due on the first day of service and annually on the anniversary date of the Term. The amount of such Service Fee shall be set out within the webapp. Bitstrata reserves the right to change the fee schedule at anytime.
- 2.3 Consequences of Non-Payment or Delayed Payment of Fees. If You fail to make prompt payment of the Goods when due, Bitstrata will provide You with notice of such default and may suspend or terminate this Agreement unless you have made payment within ten (10) days of the notice of default. If You fail to make prompt payment of the Service Fees when due, Bitstrata will provide You with notice of such default and may suspend Your Agrimatics Pro Service or terminate this Agreement. You will continue to have access to Your existing Agrimatics Data.
- 2.4 Payment Processor. You specifically acknowledge that Bitstrata may use a third-party payment processing service in connection with Your Service Fees or Goods. You consent to the collection and use of Your Data (including, if applicable, personal information) by such payment processing service as necessary to process your payments.
- 2.5 Billing Errors and Discrepancies. In the event You believe that Bitstrata has billed You in error, You must contact Bitstrata within sixty (60) days of the date of invoice or Order. No refunds or adjustments will be provided for charges that are more than sixty (60) days old.
- 2.6 Currency. All pricing is in United States dollars unless otherwise specified.
- 2.7 Taxes. All prices exclude any applicable sales, retail, excise or similar taxes (including GST). You are fully responsible for any such taxes that You are obligated to pay or which we may collect from You in accordance with applicable laws.
- 2.8 No Refunds. Service Fees are non-refundable. For greater certainty, regardless of the reason for termination, if the Agreement is terminated prior to the end of the annual Term all Service Fees that You paid in advance are non-refundable.
- 2.9 Restrictions On Use. You agree that You will not create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub- license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Agrimatics Service in whole or in part. You agree not to permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Bitstrata or its licensors.
- 2.10 Changes to Service. Bitstrata may, at its sole discretion, enhance, delete or modify the features, format, characteristics, functionality, and/or the procedures to use the Agrimatics Service, the information available to You through use of the Agrimatics Service and upgrades or updates to the Agrimatics Service, provided that such changes will not materially adversely affect Your use of the Agrimatics Service.
- 2.11 Changes to Terms. Bitstrata may amend the terms and conditions of this Agreement from time to time by providing such revised Agreement to You or by publishing the revised Agreement on the Agrimatics website or web app. You are responsible for periodically reviewing the amendments on the Agrimatics website and You are deemed to be aware of such amendments. Your continued use of the Agrimatics Service shall constitute Your acceptance to be bound by the revised Agreement.
- 2.12 Agrimatics Goods. Where Bitstrata has rendered an
invoice or purchase order
(an “Order”) in respect of goods (“Goods”) supplied by Bitstrata
which references these Terms and Conditions, Articles 5, 7, 8, 9 and 10 of these Terms and Conditions
will apply (with any necessary modifications) to the provision of the goods and/or services referenced
in that invoice. Additionally, the following terms will apply to any Order
- (a) Shipment ~ Unless expressly agreed to by the Parties in writing, Bitstrata shall select the method of shipment of, and the carrier for, the Goods. Bitstrata may, in its sole discretion, without liability or penalty, make partial shipments of Goods to You. Each shipment will constitute a separate sale, and You shall pay for the units shipped whether such shipment is in whole or partial fulfilment of an Order.
- (b) Delivery ~ Unless expressly agreed to by the Parties in an Order, Bitstrata shall deliver the Goods to the delivery location noted in the Order, using Bitstrata’s (or manufacturer's, as the case may be) standard methods for packaging and shipping such Goods. Unless expressly agreed to by the Parties in an Order, (i) Bitstrata shall deliver the Goods to the delivery location noted in the Order, using Bitstrata’s (or manufacturer's, as the case may be) standard methods for packaging and shipping such Goods, and (ii) all prices are free on board (FOB) Saskatoon, Saskatchewan, Canada. Any time quoted by Bitstrata for delivery is an estimate only. Bitstrata is not liable for or in respect of any loss or damage arising from any delay in filling any order, failure to deliver or delay in delivery. No delay in the shipment or delivery of any Goods relieves You of your obligations under this Agreement or an Order, including accepting delivery of any remaining instalment(s) of Goods.
- (c) Returns ~ Unless otherwise stated in an Order,You have no right to return Goods.Where Bitstrata permits the return of Goods, You agree to pay any fees reasonably levied by Bitstrata as a result of the return of Goods.
- (d) Title ~ Unless expressly agreed to by the Parties in an Order, title to Goods and risk of loss to such Goods passes to You FOB Origin.
- (e) Payment ~ You will purchase the Goods from Bitstrata at the prices, and in accordance with the terms, set forth in the Order. Unless otherwise stated in an Order, (ii) You will pay all amounts owed to Bitstrata under an Order within 30 days from the date set out on the Order.
- (f) Interest ~ You shall pay interest on all late payments, calculated daily and compounded monthly at the lesser of the rate of 18% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. You shall also reimburse Bitstrata for all reasonable costs incurred in collecting any late payments, including legal fees on a solicitor-and-client basis. In addition to all other remedies available under this Agreement or at law (which Bitstrata does not waive by the exercise of any rights under this Agreement), if You fail to pay any amounts when due under an Order, Bitstrata may (a) suspend the delivery of any Goods, (b) reject any outstanding Orders, (c) cancel accepted Orders, or (d) terminate this Agreement.
- (g) Shipping Charges, Insurance and Taxes ~ Unless expressly agreed to by the Parties in an Order, (i) You shall pay for, and shall hold Bitstrata harmless from, all shipping charges and insurance costs, and (ii) all prices set out in any Order are exclusive of, and You are solely responsible for and shall pay, and shall hold Bitstrata harmless from, all taxes, duties and brokerage fees with respect to, or measured by, the manufacture, sale, shipment, use, or price of the Goods (including interest and penalties thereon); provided however that You shall not be responsible for any taxes imposed on, or with respect to, Bitstrata’s income, revenues, gross receipts, personnel or real or personal property or other assets.
- (h) No Set-Off Right ~ You shall not, and You acknowledge that you will have no right, under this Agreement, any Order, any other agreement, document, or law, to withhold, offset, recoup, or debit any amounts owed (or to become due and owing ) to Bitstrata, whether under this Agreement or otherwise, against any other amount owed (or to become due and owing) to You by Bitstrata, whether relating to Your breach or non-performance of this Agreement, any Order, or any other agreement between You and Bitstrata.
ARTICLE 3 – PRIVACY AND DATA
- 3.1 Bitstrata Privacy Statement. All personal information collected by Bitstrata is held in strict confidence and is subject to the terms of our privacy policy, which is available here: www.agrimatics.com/privacy
- 3.2 Data Security and Integrity. You shall have sole responsibility for the accuracy, currency, quality, integrity, legality, reliability, and appropriateness of all of Your Data and Bitstrata shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store, monitor or transmit any data. Bitstrata shall not be responsible for adequate security, archival and/or back- up procedures on Your behalf. Further, Bitstrata will not be liable for any type of communication or data, or the accuracy or sufficiency of the content thereof, which is uploaded or downloaded through Your access or use the Agrimatics Service.
ARTICLE 4 – YOUR ACCOUNT
- 4.1 User ID and Password. During the term of this Agreement, You shall adopt a user ID and password in order to use the Agrimatics Service (the "Login Information"). You are solely responsible for maintaining the confidentiality of Your Login Information and agree to use commercially reasonable efforts: (i) to protect the security of Your Login Information; (ii) not to permit individuals other than employees or contractors approved by You to use the Login Information to gain access to the Agrimatics Service; (iii) not to disclose any Login Information to any person except on a need-to-know basis; and (iv) to ensure that employees or contractors approved to access the Agrimatics Service on Your behalf do so only in connection with Your business purposes.
-
4.2 Your Responsibilities. By using Your Account, you
agree to:
- (a) use Agrimatics Services or Goods solely for lawful purposes and not to utilize the Agrimatics Services or Goods, or any resulting Agrimatics Data, for fraudulent or illegal purposes;
- (b) follow safe and secure computing practices with respect to any device with which You access Your Account; and
- (c) immediately notify Bitstrata of any loss, unauthorized disclosure or actual or suspected unauthorized use of Your Account.
ARTICLE 5 – INTELLECTUAL PROPERTY RIGHTS
- 5.1 All Rights Reserved. Bitstrata owns and shall own all right, title and interest, in and to (i) Agrimatics and all trade names, trademarks, and service marks used in connection with the Agrimatics Goods and Services; (ii) Aggregated Data; and (iii) Agrimatics Goods and Services (collectively, “Bitstrata IP”). Nothing in this Agreement transfers any such IP Rights to, or vests any such IP Rights, in You or any user. You are only entitled to the limited licensed use of the Bitstrata IP granted to You in this Agreement.
- 5.2 License to Use Your Information. You shall own: (i) all documents, data, files, records and other information related to Your business; (ii) all right, title and interest in and to Your Data; provided that, to the extent required to provide the Agrimatics Service, You grant to Bitstrata, with the exception of personal information, a perpetual, unlimited, irrevocable, royalty-free, worldwide, non- exclusive, transferable license permitting Bitstrata to collect, use, reproduce, adapt, modify, copy, run, bundle, create derivative works of, transmit, display and distribute Your Data for such purposes which include, without limitation, (i) compiling and distributing Aggregated Data to third parties, and (ii) using Your Data, in non-aggregated form, to improve the Agrimatics Services, other product or service offerings of Bitstrata, or to create Bitstrata product and service offerings. Bitstrata may access Your Account, including Your Data, to respond to service or technical problems or as stated in this Agreement. Bitstrata will not monitor, edit, or disclose any information regarding Your Account, including any of Your Data, except in accordance with this Agreement, applicable laws or at the direction of legal authorities.
- 5.3 Aggregated Data. By entering into this Agreement, You grant Bitstrata a perpetual, irrevocable, royalty-free, worldwide, unlimited, non-exclusive and transferable license to use Your Data for the preparation of Aggregated Data, which may be used by Bitstrata for any purpose, including to improve the delivery of the Agrimatics Service. Bitstrata reserves the right to release or sell such Aggregated Data to third parties.
- 5.4 Feedback. If You give Bitstrata feedback regarding improvement or operation of the Agrimatics Services or Goods (or any other service or product delivered by Bitstrata), Bitstrata may use the feedback without restriction or obligation. All feedback is provided “AS IS” and Bitstrata will not publicly identify You as the source of feedback without Your permission.
ARTICLE 6 – SERVICE TERMS AND TERMINATION
- 6.1 Term. Unless sooner terminated as provided below, this Agreement shall commence on the date You accept this Agreement and continue for successive automatically renewable one (1) year terms, unless otherwise agreed upon by the parties (the "Term").
- 6.2 Termination by Bitstrata. Notwithstanding Section 6.1 above, Bitstrata may, in its sole discretion, terminate or suspend the Agrimatics Service or this Agreement at any time for any reason by providing You with thirty (30) days’ prior written notice to the email account that You submitted in connection with Your membership. Bitstrata may terminate the Agrimatics Service or this Agreement immediately upon the occurrence of any of the following:
- 6.3 Consequences of Termination. Upon termination of this Agreement for any reason whatsoever, Bitstrata will de-activate Your Account and Login Information and provide You with a copy of Your Data and/or all data input by You in connection with the terminated Account for the Agrimatics Service.
ARTICLE 7 – WARRANTY AND DISCLAIMER
- 7.1 GENERAL WARRANTY DISCLAIMER. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR THE BITSTRATA LIMITED WARRANTY, BITSTRATA MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS TO ANY PERSON OR ENTITY WITH RESPECT TO THE AGRIMATICS SERVICE OR ANY GOODS. EXCEPT AS SET FORTH ABOVE, THE AGRIMATICS SERVICE AND ANY GOODS ARE PROVIDED ON AN “AS- IS” AND “AS AVAILABLE” BASIS. YOU ARE SOLELY RESPONSIBLE FOR ALL DATA AND INFORMATION WHICH HAS BEEN ENTERED, REMOVED OR USED IN CONNECTION WITH YOUR USER ID AND ACCOUNT. BITSTRATA DOES NOT GIVE ANY WARRANTIES, GUARANTEES, REPRESENTATIONS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION: ANY IMPLIED WARRANTY OF MERCHANTABILITY; FUNCTIONALITY OF THE AGRIMATICS SERVICE OR SOFTWARE; THE USER INTERFACE; FITNESS FOR A PARTICULAR PURPOSE, INCLUDING THE ACCURATE WEIGHING OF GRAIN; ACCURACY OF DATA; COMPLIANCE WITH ANY DESCRIPTION; OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS) WITH RESPECT TO ANY AGRIMATICS SERVICE AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- 7.2 NO WARRANTY OF SERVICE AVAILABILITY. BITSTRATA DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AND/OR DATA (INCLUDING, WITHOUT LIMITATION, AGRIMATICS DATA) AVAILABLE OR ACCESSIBLE THROUGH USE OF THE AGRIMATICS SERVICE NOR THAT THE AGRIMATICS SERVICE MAY BE PROVIDED WITHOUT INTERRUPTION OR ERROR FREE. BITSTRATA DOES NOT WARRANT THAT IT WILL BE ABLE TO CORRECT ALL REPORTED DEFECTS IN THE AGRIMATICS SERVICE. BITSTRATA DOES NOT GUARANTEE THAT THE AGRIMATICS SERVICE AND ACCESS TO YOUR ACCOUNT WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS OR DELAY. SINCE THE AGRIMATICS SERVICE MAY OR WILL BE FACILITATED AND/OR TRANSMITTED THROUGH PUBLIC INTERNET LINES, COMMUNICATIONS NETWORKS AND PUBLIC AND/OR PRIVATE SWITCHED TELEPHONY NETWORK(S) (AS THE CASE MAY BE), YOU UNDERSTAND THAT THERE MAY BE SERVICE DISRUPTIONS OR OUTAGES.
ARTICLE 8 – CONFIDENTIALITY
- 8.1 Definition. In this Agreement, “Confidential Information” means information disclosed by or on behalf of one party (as discloser) to the other party (as recipient) under this Agreement, in any form, which (a) the discloser identifies to recipient as “confidential” or “proprietary” or (b) should be reasonably understood as confidential or proprietary due to its nature and the circumstances of its disclosure. Bitstrata’s Confidential Information includes technical or performance information about the Agrimatics Service, and Your Confidential Information includes Your Data.
- 8.2 Use and Protection. As recipient, each party will (a) use Confidential Information only to fulfill its obligations and exercise its rights under this Agreement, (b) not disclose Confidential Information to third parties without the discloser’s prior approval, except as permitted in this Agreement and (c) protect Confidential Information using at least the same precautions recipient uses for its own similar information and no less than a reasonable standard of care.
- 8.3 Permitted Disclosures. The recipient may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know, provided it remains responsible for their compliance with this Article 8 and they are bound to confidentiality obligations no less protective than this Article 8.
- 8.4 Remedies. Breach of this Article 8 may cause substantial harm for which monetary damages are an insufficient remedy. Upon a breach of this Article 8, the discloser is entitled to seek appropriate equitable relief, including an injunction, in addition to other remedies.
ARTICLE 9 – LIMITATION OF LIABILITY AND INDEMNITY
- 9.1 LIABILITY EXCLUSION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BITSTRATA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT (EXCEPT AS PROVIDED IN SECTION 9.2 BELOW) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER OR FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, USE OR DATA, LOSS OF REVENUE, LOSS OF REPUTATION OR GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION OR OTHER KIND OF INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS, OR FOR ANY INJURY OR LOSS OF LIFE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, YOUR ACCOUNT OR YOUR USE OF OR INABILITY TO USE, THE AGRIMATICS SERVICES OR GOODS. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU OR BITSTRATA.
- 9.2 MAXIMUM LIABILITY. NOTWITHSTANDING SECTION 9.1 ABOVE, THE AGGREGATE LIABILITY OF BITSTRATA FOR ALL CLAIMS OF ANY KIND WHETHER BASED IN CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ALL LOSSES OR DAMAGES ARISING OUT OF, OR RESULTING IN CONNECTION WITH THIS AGREEMENT, FROM THE PERFORMANCE OR BREACH THEREOF, OR FROM THE PROVISION OF THE AGRIMATICS SERVICES OR GOODS, WILL IN NO CASE EXCEED THE LESSER OF (1) THE AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT TO ACCESS THE AGRIMATICS SERVICE IN THE YEAR IN WHICH THE CLAIM AROSE, AND (2) THE AMOUNT, IF ANY, PAID BY YOU FOR ANY GOODS IN THE YEAR IN WHICH THE CLAIM AROSE.
- 9.3 Indemnity. You hereby agree to defend, indemnify, and hold harmless Bitstrata, its officers, directors, assigns, and service providers and their respective successors and assigns, from and against any and all claims and all costs, liabilities and expenses (including, without limitation, reasonable legal fees) arising out of or relating to Your use of the Agrimatics Goods and Services, Account, or Login Information.
ARTICLE 10 – GENERAL
- 10.1 Assignment Prohibited. You may not assign the whole or any part of this Agreement or the rights granted hereunder without the prior written consent of Bitstrata. Notwithstanding the foregoing, Bitstrata may, at its sole discretion, assign this Agreement or any of its rights hereunder to any third party, without giving prior notice.
- 10.2 Severability. Each provision of this Agreement is intended to be severable and if any provision is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, such provision shall be severed from this Agreement and will not affect the legality or validity or enforceability of the remainder of this Agreement or any other provision hereof and the Agreement shall be construed, as nearly as possible, to reflect the intentions of the severed provision(s) to the extent possible under applicable law.
- 10.3 Waiver. No delay on the part of Bitstrata in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
- 10.4 Governing Law and Jurisdiction. This Agreement and any transactions contemplated by this Agreement shall in all respects, be construed according to, and the rights and liabilities of the parties hereto shall in all respects be governed exclusively by, the laws of the Province of Saskatchewan, Canada without reference to the principles of conflicts of law. You irrevocably submit and attorn to the exclusive jurisdiction of the courts of the Province of Saskatchewan, Canada with respect to any adjudication of rights hereunder, without regard to its conflict of laws provisions. To the extent permitted by applicable law, You agree to waive any right You may have to: (i) trial by jury; and (ii) commence or participate in any class action against Bitstrata related to the Bitstrata G o o d s and Services or this Agreement and, where applicable, You also agree to opt out of any class proceedings against Bitstrata.
- 10.5 Enurement. This Agreement shall enure to the benefit of and be binding upon You and Bitstrata and each party’s successors and permitted assigns.
- 10.6 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto and supersedes all other prior agreements, representations, warranties, statements, promises, information, arrangements and understandings, whether oral or written, express or implied, with respect to the subject matter hereof.
- 10.7 Notices. All notices, requests and other communications required or permitted to be given under this Agreement except those specifically permitted to be given by e-mail or posted using the Agrimatics Service, must be in writing, and must be mailed by registered or certified mail, postage prepaid and return receipt requested, or delivered by express mail, private courier or facsimile to the party to whom such notice is required or permitted to be given. Any such notice will be considered to have been given when received, or if mailed, five business days after it was mailed, as evidenced by the postmark. Your mailing address or electronic mail address for notice shall be the address You provided to Bitstrata in association with Your Account. You are solely responsible for keeping Your Account contact information current.
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10.8 Contact Bitstrata. For further information about
Bitstrata's privacy practices or to make a request
for access to personal information, please contact Bitstrata at the following address:
Bitstrata Systems Inc.
101-116 Research Drive
Saskatoon SK S7N 3R3 Canada
1-888-241-7216 info@bitstrata.com