End User License Agreement (EULA)

1. Agreement to terms

This End User License Agreement (“EULA”) is a legal agreement between you (“you”, “User”) and Turfpal AS (“Turfpal”, “we”, “us”) governing your access to and use of the Turfpal web platform (app.turfpal.com), the Turfpal Mobile application, and related software, updates and documentation (together, the “Software” or “Services”).

By downloading, installing, accessing or using the Services – or by clicking to accept – you agree to be bound by this EULA. If you are entering into this EULA on behalf of an organisation, you confirm you have authority to bind that organisation. If you do not agree, you must not use the Services.

Where a separate written agreement (for example a subscription or master services agreement) exists between Turfpal and your organisation, that agreement governs commercial terms; this EULA governs your use of the Software and applies in addition to it. In the event of a conflict, the signed agreement prevails for the subjects it covers.

2. Licence grant

Subject to your compliance with this EULA and payment of any applicable fees, Turfpal grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use the Services for your internal business or professional purposes during the term of your subscription or authorised use. This licence does not grant you ownership of the Software or any intellectual property rights in it.

3. Accounts and eligibility

• You must provide accurate registration information and keep it up to date.
• You are responsible for safeguarding your login credentials and for all activity under your account.
• You must notify us promptly of any unauthorised use or security incident.
• The Services are intended for professional users and are not directed to children under 15.

4. Acceptable use and restrictions

You agree not to, and not to permit others to:

• Reverse-engineer, decompile, disassemble or attempt to access the source code of the Software, except to the extent permitted by mandatory law.
• Copy, modify, create derivative works of, rent, lease, lend, sell, sublicense, distribute or otherwise commercially exploit the Software.
• Use the Services in violation of any applicable law or regulation, or infringe the rights of others.
• Introduce malware or otherwise interfere with, disrupt, or compromise the integrity, security or performance of the Services.
• Circumvent access controls, usage limits or security measures, or access the Services by automated means except as expressly permitted.
• Use the Services to process personal data in violation of applicable data protection laws.

5. Customer data and privacy

• Your data. As between you and Turfpal, you own the data you input into the Services (“User Data”). You grant Turfpal a limited licence to host, process and use User Data solely to provide, secure and improve the Services and as otherwise permitted in this EULA and the Privacy Policy.
• Deletion. You may delete your User Data through the Services. Following deletion, data will no longer be actively stored, subject to routine backup cycles and legal retention obligations.
• Aggregated / anonymised data. We may generate and use aggregated or anonymised data (which does not identify you or any individual) for analytics, benchmarking, research and improvement of the Services.
• Data protection. We process personal data in accordance with our Privacy Policy and applicable law, including the GDPR. Where we process personal data on your behalf, we act as a processor under a Data Processing Agreement (Article 28 GDPR), available on request.
• Your rights. You have rights of access, rectification, erasure, restriction, objection and portability as described in our Privacy Policy.

6. Third-party services and integrations

The Services may integrate with third-party products and data sources (for example weather data, soil, turf and equipment sensor systems, and app store platforms). Your use of those third-party services is subject to their own terms and privacy policies. Turfpal is not responsible for third-party services and does not warrant their availability or accuracy.

7. Mobile app and app store terms

If you download Turfpal Mobile from an app store (such as the Apple App Store or Google Play), your use is also subject to that store’s terms. You acknowledge that this EULA is between you and Turfpal, not with the app store, and that the app store is not responsible for the Software or for support, warranties or claims relating to it. Where required, the app store and its affiliates are third-party beneficiaries entitled to enforce this EULA against you.

8. Intellectual property

All intellectual property rights in and to the Software – including copyrights, trademarks, patents, trade secrets and other proprietary rights – remain the exclusive property of Turfpal AS or its licensors. This EULA does not transfer any ownership rights to you. If you provide feedback or suggestions, you grant Turfpal a perpetual, royalty-free licence to use them without restriction.

9. Updates and availability

We may update, modify or discontinue features of the Services from time to time. We may deliver updates automatically. We aim to keep the Services available but do not guarantee uninterrupted or error-free operation, and we may suspend access for maintenance, security or legal reasons. Any service levels are as set out in the applicable signed agreement.

10. Fees

Access to the Services may require payment of fees as set out in your order or subscription agreement. Except as required by law or expressly stated, fees are non-refundable. Commercial terms, including pricing, billing and term, are governed by the signed agreement between Turfpal and your organisation.

11. Term and termination

This EULA applies for as long as you use the Services. We may suspend or terminate your access if you breach this EULA or if required by law. On termination you must stop using the Services and, for the mobile app, delete all copies from your devices. You may request deletion of User Data in accordance with the Privacy Policy and applicable law. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and governing law) will continue to apply.

12. Disclaimer of warranties

To the maximum extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Turfpal does not warrant that the Services will be uninterrupted, secure or error-free, or that results obtained will be accurate or reliable. You use the Services at your own risk. Nothing in this section limits warranties that cannot be excluded under mandatory law.

13. Limitation of liability

To the maximum extent permitted by law, Turfpal AS shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or in connection with your use of the Services. Turfpal’s total aggregate liability arising out of or relating to the Services shall not exceed the amounts paid by you (or your organisation) for the Services in the twelve (12) months preceding the event giving rise to the claim. These limitations do not exclude liability for gross negligence, wilful misconduct, or any liability that cannot be limited under mandatory law.

14. Indemnity

You agree to indemnify and hold harmless Turfpal AS and its officers, employees and agents from any claims, damages, losses and expenses (including reasonable legal fees) arising from your misuse of the Services or your breach of this EULA or applicable law, to the extent permitted by mandatory law.

15. Changes to this EULA

We may update this EULA from time to time. We will post the updated version with a new “Last updated” date and, where changes are material, provide reasonable notice through the Services or by email. Your continued use of the Services after the changes take effect constitutes acceptance of the revised EULA.

16. Governing law and jurisdiction

This EULA is governed by and construed in accordance with the laws of Norway, including applicable data protection laws, without regard to conflict-of-law rules. Any dispute arising out of or in connection with this EULA shall be subject to the exclusive jurisdiction of the Norwegian courts, with Jæren tingrett as the agreed legal venue (verneting), to the extent permitted by mandatory law. Mandatory consumer protections in your country of residence, where applicable, are not affected.

17. Contact information

• General inquiries: post@turfpal.com
• Data protection matters: support@turfpal.com
• Turfpal AS, Gamle Forusveien 1, 4031 Stavanger, Norway