Terms and Conditions
Last updated: 2022 Jul 28.
Thank you for choosing our services. mYields Kft. provides www.myard.eu and www.myields.com as well as the other websites under the www.myard.eu and myields.com domains (hereinafter referred to as “the Site(s)”). Our service packages and support services available on www.myard.eu (hereinafter referred to as “mYard Site”) are intended to provide a full range of farming decision supporting services in a user-friendly, geo-referenced map of fields, by using remote sensing technologies.
The service provider is mYields Korlátolt Felelősségű Társaság (registered seat: HU-1223 Budapest, Nagytétényi út 180-196., company registration number: 01-09-372629, registered by: the Court of Registration of the Metropolitan Court of Budapest, represented by: Dóra Szakálos managing director, tax no.: 28756288-2-43) (hereinafter referred to as “We” or “mYields”).
If you have any questions or remarks, please contact us on the following contact details:
postal address: HU-1223 Budapest, Nagytétényi út 180-196.
phone number: +36304072917
or send us a message from http://www.myard.eu.
The hosting provider is Wix.com, Inc (registered seat: , registered place of business: 40 Namal Tel Aviv St. 6350671 Israel, website: www.wix.com e-mail: firstname.lastname@example.org, phone number: 1-415-358-0857)
These Terms of Service fully regulate the rights and obligations of mYields and you in connection with the use of the mYard Site and our services.
I. Acknowledgment and Acceptance of the Terms
We do not submit to the provisions of any Code of Conduct under the Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers.
If you are a natural person, by registering for a user account or placing an order (booking) on mYard Site, you represent and warrant to us that:
you are at least 18 years old;
you have not previously been suspended or removed from the mYard Site; and
your registration and your use of the mYard Site and the services is in compliance with all applicable laws and regulations.
If you are registering/ordering on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to the Terms and you agree to be bound by the Terms on behalf of that organization. You must ensure that all authorized users on behalf of such entity fulfill above conditions stipulated for a natural person as applicable.
III. Changes to the Terms
The Terms are valid for an indefinite period of time, after their entry into force until amended or revoked.
We, acting in our sole discretion, reserve the right to change the Terms from time to time, as well as the range of services provided through the mYard Site and to cease or to terminate these Terms of Service permanently any time with proper notification of users and to modify or delete any contents of the mYard Site without any prior notification. We reserve the right, temporarily or permanently, in whole or in part, to modify or discontinue the mYard Site, or limit the mYard Site’s availability to any geographic area or jurisdiction, at any time with proper notification of users.
In case of any modification to the Terms of Service, the modified document shall be published on the mYard Site and we shall notify the users of the fact of modification via e-mail. The modification comes into force at the same time as it is published on the mYard Site and does not affect the rights of the parties acquired priorly. Your continued access or use of the mYard Site after such notification constitutes your consent to be bound by the modified Terms.
IV. mYard Services
We provide geospatial services (hereinafter referred to as “Geospatial Service(s)”) and consultation services (hereinafter referred to as “Consultation Service(s)”) to our clients based on the orders sent and bookings made according to the Terms. Our services currently available with their detailed description are listed on mYard Site under “Services” menu (hereinafter referred to as “Service(s)”). Please click on the selected Service to see its detailed description.
Based on client’s order we shall provide a service documentation (hereinafter referred to as “Service Documentation”) that contains georeferenced zone maps filled with information described at mYard Site “Services” page and in the Webshop “Product Info” page.
Geospatial Services shall not include consultation service unless it’s indicated in the product description. You shall be fully responsible for the implementation of the provided documentation in your own environment.
mYields commits itself to dedicating the best care to the service it provides, however, it does not warrant the Service Documentation to be complete or free of error, nor to fit for the realization of a defined objective or the achievement of a result.
The following words and expressions shall have the following meanings:
“zone map”: means a distribution of the field boundary based on differentiated categories, defined by remote sensing tools assessment through mathematical algorithm
“Field Zones creation methodology”: means the mathematical algorithms defined, developed, and processed by mYields, to create the Field zone categories offered in the service documentation.
You shall acquire all use rights of the delivered Service Documentation without limitation of area, duration, manner and extent of use. The granted use rights shall mean under no circumstances the transfer of the property rights or copyrights of the intellectual property of mYields defined in Section 14.
mYields has no legal relation to the areas – fields – which form the scope of the order and the Service Documentation. Information is provided based on the assumption that you have legal relation (e.g. ownership, use right, etc.) to the area indicated in the order and mYields takes no responsibility for the area gather data relation to you.
We offer consultation services to support users in Service Documentation adaptation.
Consultation Services are virtual meetings where mYields experts and the requester may have direct communication. Consultations aim at supporting processes reviews, decision making of the requester.
mYields experts are committed to provide solutions to the requester based on requester’s specific requirements. mYields experts provide a wide perspective of available solutions and allow the requester to choose his preferred option.
Any verbal commitment on these meetings from either parties shall not represent commitments to purchase, order, or delivery of services between the parties or any 3rd party. The purchase or order of any service advised on these meetings shall be confirmed by a written order sent to mYields or the relevant 3rd party supplier.
The following words and expressions shall have the following meanings:
“requester”: the user account owner or the person, company representatives, who booked and payed the consultation service.
“virtual meeting”: conference call service provided by mYields expert.
“solution”: software technology, machinery technology, process of usage software technology combinations. Remote sensing technologies, IoT tools, datatransfers…
“specific requirements”: conditions of current technology systems used, and a clear definition of the targeted technology or data collection / analysis – decision making concept.
V. Your Responsibilities
You are solely responsible for your own User Content (as defined below) including generating user data, content and data to utilize mYard Site and the Service and uploading all such content and data when using the mYard Site and the consequences of posting your Use Case.
You shall (i) at your cost, provide us with any necessary cooperation, data and access to information related to the Services as may be required by us, our agents or contractors, in order to provide you satisfactory Services, (ii) carry out all other responsibilities set out in the Terms in a timely and efficient manner (in the event of any delays, we may adjust any determined timetable or delivery schedule as reasonably necessary); (iii) ensure that the authorized users use the mYard Site and the Service in accordance with the terms and conditions of the Terms and shall be responsible for any breach of thes Terms by either; (iv) ensure that your network and systems comply with the relevant specifications as may be provided by us from time to time including but not limited to recommended browsers, system performances; (v) be solely responsible for procuring and maintaining your network connections and telecommunications links, and maintaining appropriate user equipment; (vi) provide a single main point of contact who can address questions or issues relating to the mYard Site and the Service, provide timely feedback and review any changes to the Service.
You are solely responsible for ensuring that you comply with all applicable legal requirements and european guidelines of the good farming practices when you utilize our Services.
VI. User Account
You may register an account at mYard Site. Account registration is not required to place an order/make a booking for mYard Services at mYard Site. However, we recommend registering for an account, as it can make easier to place future orders and enables you to enjoy other features associated with the account. After registration you can record certain personal information in your account to facilitate future orders, e.g. your addresses, telephone number. In this case, you do not have to re-enter this information when placing the specific order, thus speeding up the ordering process. You may also view your order history in your account. The user account also enables you to become the member of the mYard community where you can share your use cases, like or write comments on forum posts, chat with other site members. We will provide useful information to our users with registered account about trainings, special offers, and new products and services.
PLEASE NOTE THAT YOU USER PROFILE IS PUBLIC BY DEFAULT WHICH MEANS THAT OTHER REGISTERED USERS MAY SEE YOUR PROFILE PAGE, YOUR POSTS, COMMENTS AND MAY CONTACT YOU VIA THE CHAT FUNCTION. If you want to hide your profile page and social aspects of your account, you can make your profile private in My Account > Account settings > Profile visibilty. If private, your profile will not be visible to other registered users, you cannot comment or like posts and you cannot follow other users. Also, you will leave the groups, you have joined.
You may register your account under "Log In" by filling in the registration form or by using your Facebook or Google account.
You can complete your profile with other personal information in your account such as your addresses, your phone number, etc..
You may cancel your registration at any time by sending your request via e-mail to email@example.com.
We are entitled to reject any registration request if the user provides false or incomplete data on the registration form, or it can be concluded from the data or circumstances that the purpose of registration is not the intended use of mYard Site. We are also entitled to cancel the registration if we detect abuse or illegal behavior of the user when using mYard Site (browsing or ordering).
You are solely responsible for the accuracy, timeliness and reality of the data provided during the registration of the user account. We shall bear no liability arising in connection with the incorrectness, spelling or misrepresentation of the data provided on the mYard Site. You may only enter your personal data and/or data of the organization represented by you on the mYard Site.
Use of the user account:
You may log in to your account at any time by using the e-mail address and password provided at registration.
You agree to keep your account data accurate and up to date all times. You may change your account data after logging in. Any change of your data does not affect the order/booking data already sent. If you have any further requests or questions regarding modification of data, please contact us.
We shall not be liable for any damages resulting from the fact that you forget your password or that the password becomes available to unauthorized persons for any reason not attributable to us.
VII. Ordering Process
You may send us orders for the Services in the following ways.
Ordering Geospatial Services
Ordering in the Webshop:
You may send your order by using our Webshop on mYard Site. If you want to place an order from your account, you shall be logged in at your account when ordering. You may find the currently available Services under “Shop” menu item. To order, please click on the selected Service, enter the quantity and click on “Add to Cart” button. For the quantity, you have to specify the acreage. The acreage shall be calculated from the total area of the field(s) of for which you are ordering our service (1 unit means 10,000 m2, 2 units means 20,000 m2, etc.). The price shall be calculated automatically by the system according to Section 8.1. hereto based on the quantity provided.
When the Service is added to the Cart, an information window will appear on the right side of the screen informing you that the product has been placed in the Cart. You may continue the purchase by closing the information window or clicking anywhere outside the information window, or you may enter the Cart by clicking on “View Cart” button.
If you have chosen to continue the purchase, you may enter your Cart and start the ordering process any time by clicking on the icon in the upper right corner and after on “View Cart” button. In your Cart you may see the order summary and the total price. You may interrupt the process of selecting at any time and the Services placed in the Cart may be deleted or modified without restriction.
After finalizing the contents of the Cart, you shall click on “Checkout” button. On the following page you shall enter all data required by the checkout form on the website. All labels marked with a “•” are mandatory fields and the order can not proceed without filling them out. If you have previously entered these data in your account, they will be loaded automatically by the system. If any of the data are incorrect or has been changed, you can make the necessary modifications here. You shall click on "Continue" button to proceed between the sections on the checkout form.
When reaching “Review & Place Order” section you may see the summary of your order and you can check the correctness of the entered data and the content of the Cart. If you wishes to change the order or any data, you may do so after clicking on “Edit” button in the relevant section or “Edit Cart” button.
After sending your order you shall provide us with the delimitation of the area (for which you sent the order) in one of the following ways:
- you may upload the delimitation of the area to the Shared Folder created for your account, or for your specific order, or
- you may send the delimitation of the area via e-mail to firstname.lastname@example.org In this case we accept e-mails sent only from the e-mail address registered to your account or – if not having an account – from the e-mail address provided on the order form. The files sent via e-mail will be uploaded to your Shared Folder. Accepted file formats: ESRI shape file, KMZ, KML.
In the event the acreage specified in the order sent in the Webshop and paid online by credit card differs from that the delimitation of the area file determines, we shall charge the price difference, if any, in the final invoice.
Ordering by other means
Besides the Webshop, you may place your order by sending us the delimitation of the area (for which you are ordering our service) in one of the following ways:
- you may upload directly the delimitation of the area to the Shared Folder created for you account, or
- you may send the delimitation of the area directly via e-mail to email@example.com In this case we accept e-mails sent only from the e-mail address registered to your account. The files sent via e-mail will be uploaded to your Shared Folder. Accepted file formats: ESRI shape file, KMZ, KML.
We shall examine the delimitation of area file within 48 hours from its receipt and – if all data required to fulfill the order are available - send you a confirmation e-mail to the e-mail address registered to your account and a Proforma Invoice.[AB1] The Price calculation is based on the calculation method determined in Section 8.1.
In case of ordering according to this Section 7.2.2., we use the data registered in your user account to fulfill the order. In case any data required is missing, we shall notify you by e-mail within the above deadline (48 hours). The order shall only be accepted if you provide all the required data. We shall send you a confirmation e-mail on the acceptance of your order and a Proforma Invoice within 48 hours from the receipt of the missing data.
Booking Consultation Service
You may book a session on mYard Site. If you want to book from your account, you shall be logged in at your account when booking. You may find the currently available Consultation Sessions and prices under “Consultations” menu item. Before booking we advise to click on the selected Service and read through the description. Consultation Services has defined time length and price. The price of the Consultation Sessions shall be determined according to Section VIII. 1. hereto.
When the preferred consultation is identified the session booking could be started by clicking the “Book Now” button. The next page will provide dates and available time slots to book the consultation. Select from the available time slots based on your availability.
After selecting from the time slots, you shall click on “Next” button. On the following page you shall enter your contact details and any comments you want to share with the consultant. If you have previously entered these data in your account, they will be loaded automatically by the system. If any of the data are incorrect or has been changed, you can make the necessary modifications here.
By clicking on the “Pay Now” button, you will be taken to a page where you can select your preferred payment method. You can check the details of your order at the right side of the page. If you wishes to change the order or any data, you may do so after clicking on “Back” button.
We shall send you a confirmation e-mail on the acceptance of your booking within 48 hours from receipt of your booking.
You are solely responsible for the accuracy, timeliness, reality and relevance of the data provided during the ordering/booking process (including the delimitation of area file). We shall bear no liability arising in connection with the incorrectness, misrepresentation of or any clerical error in the data provided on the mYard Site. You may only enter your own personal data and/or data of the organization represented by you on the mYard Site.
Sending the order or booking a consultation as described above is considered as an offer, which creates a payment obligation for you. However, this shall not automatically imply we accept the order/booking and the contract is concluded.
When ordering in the Webshop (Section VII. 2.1) and booking Consultation Services (Section VII. 3.), the contract on purchase of the Service is concluded by acceptance of the order/booking by mYields. A confirmation e-mail shall be sent within 48 hours from receipt of the order/booking. The contract is made when the confirmation email becomes available to you in your mail system. When ordering by other means according to Section VII. 2.2, the contract on purchase of the Service is concluded by payment of the Price. The contract concluded according to this Section VII. 6 does not qualify as a written contract and it is not registered by us. We save electronically the order/booking data and the invoice issued, which will be stored until the deadline specified in accounting and taxation laws. The contract is concluded in English language.
If you do not receive the confirmation e-mail within the deadline set out in Section VII. 6., your obligations attached to the order/booking shall automatically terminate and you shall not be bound by the order/booking. We exclude our liability in all cases if the confirmation e-mail shall not arrive on time because the e-mail address or any other data you provided are incorrect or due to the saturation of the storage space belonging to your mailbox.
Once you paid the Price you may not change the order scope/booking details. If you wish to change the order scope/booking details after the order is sent or booking is made (but before payment), please contact us.
Both businesses and consumers may place orders from within the territory of the European Union. Only businesses can place orders from outside the territory of the European Union.
VIII. Payment Terms and Taxes
Price calculation method:
Price shall be defined by the calculation below for Geospatial Services: total area in service documentation x price per area for selected product defined in the Webshop at the time of ordering
Price shall be defined by the calculation below for Consultation Services: total time booked for consultation x price per selected consultation service selected at Consultations at the time of bookin
Total area in service documentation is calculated by mYields based on the reliable datapoints analysis result of the ordered fields.
The current unit prices (included VAT) are always published on the mYard Site in EUR. Price shall be calculated on the basis of the published unit price at the time
- when the order has been sent in the Webshop / booking has been made at Consultations menu, according to Section 7.2. (in case of orders placed on mYard Site) and Section 7.3.,
- when we receive the delimitation of area file (in case of ordering by e-mail or directly by the Shared Folder).
We reserve the right to change prices from time to time. Any changes shall take effect upon displayed on the mYard Site and shall not affect orders/bookings already placed.
The price shall be paid by the enabled payment terms at mYard Site for all orders initiated from the Webshop or from the Consultations menu.
Online payment by credit card: The Price may be paid online by credit card. In this case, after sending the order, the system redirects you to the online payment interface provided by our financial service provider (Stripe). The payment is made through this interface. The data provided here are only seen and processed by the financial service provider, we shall not see or store your credit card data. The financial service provider shall only notify us of the success of the payment. The service provider Stripe is an institution under the supervision of the licenses available on this link. We shall not be liable for any errors that may occur on the payment interface of the financial service provider.
In the case specified in Section . the price difference shall be paid by bank transfer to the bank account number of mYields indicated on the Invoice. Payment is due 8 days from the Proforma Invoice date.
Payment by bank transfer: The Price may be paid by bank transfer. In this case a Proforma Invoice shall be sent to you based on the delimitation of the area file you provided to us. The Price shall be transferred to the bank account number of mYields indicated on the Proforma Invoice. Payment is due 8 days from the Proforma Invoice date.
In case of ordering Geospatial Services according to Section VII. 2.2., the Price shall be paid by bank transfer to the bank account number of mYields indicated on the Proforma Invoice. Payment is due 8 days from the Proforma Invoice date.
The Price shall be considered to be paid after the amount thereof has been credited to our bank account. In the event the due date of the invoice expires without payment, we are entitled to withdraw from the contract.
In the territory of Hungary 27% VAT shall apply to all invoices.
Outside of the territory of Hungary if Client is a company all invoices shall be charged with 0% VAT and Client shall be liable to apply local tax rules.
Outside of the territory of Hungary if Client is a natural person in the European Union based on its country of residence the price shall be charged with the applicable % of VAT.
If, despite all care, an incorrect price is published on the mYard Site or in the Proforma Invoice, in particular if this price is obviously incorrect, we are not obliged to sell the Service at this incorrect price, but may offer to sell it for the correct price. If you no longer wish to buy the Service for this price, you may withdraw from the order/booking by e-mail. In case of withdrawal, the price already paid shall be refunded.
All costs incurred in connection with the payment of the Price – e.g. transaction fee, conversion and bank charges - shall be borne by you.
In case that we cannot provide the Service for any reason that cannot be contributed to user’s default following receipt of one-off payment made by you, we shall refund you full amount of your payment due to our inability to deliver such analysis.
Service Documentation shall be sent to the e-mail address registered to your account or – if not having an account - to the e-mail address provided on the order form. Provided file format is ESRI shape file unless your request on a different format was accepted by mYields during the ordering process.
Service Documentation shall be delivered within between 72 and 168 hours from the payment of the Price, unless otherwise indicated in the confirmation e-mail and accepted by you.
mYard shall store the Service Documentation for one year after delivery.
mYard expert sends out a Virtual Meeting Invitation to the requester’s e-mail address, with a connection link, guidance to join the service, and the Agenda of the consultation.
The invitation shall be sent out in 48 hours from receipt of your booking, but at least 1 hour before the scheduled date of the consultation. The consultation shall only be held if the Price of the session has been paid. Please note that we shall receive payment no later than 1 (one) hour before the scheduled date of the consultation.
If the expert is unable to hold the consultation at the booked event time due to reasons beyond his / her control (eg. illness, force majeure), he / she shall notify the requester immediately, but – if it is possible – at least 24 hours before the scheduled date of the consultation by e-mail. In this case the expert shall propose 3 optional time slots for the requester and change the timing according to the requester’s choice. If the requester no longer wishes to attend the consultation at any of the time slots proposed, he / she may withdraw from the booking by e-mail. In case of withdrawal, the price already paid shall be refunded.
Consultations may be recorded at the requester’s request, only by mYields. Such request shall be made at latest at the beginning of the consultation session. The link to the recorded session (video recording) will be provided by e-mail within 24 hours from the end of the consultation session. The recorded session will be available for 30 days at the provided link. After 30 days, the recording shall be deleted. Requester is not entitled to make any video or audio recordings of the consultations. Requester acknowledges that his/her request to record shall be deemed as his/her consent to recording his/her image and to the use of such a recording according to the present Section.
mYard expert shall provide notes of the consultation by e-mail within 24 hours from the end of the consultation session.
X. Consumer’s Right of Withdrawal
This Section 10 shall apply only if you order the Services as a consumer. Consumer shall mean a natural person acting outside the scope of his / her profession, self-employment or business activity.
We expressly draw your attention to the fact that you may not exercise your right of withdrawal in cases listed in Paragraph (1) of Section 29 of Government Decree 45/2014. (II.26.) on Detailed Rules governing contract concluded between consumers and businesses. According Point c) of Paragraph (1) of Section 29, the consumer may not exercise the right of withdrawal in case of a non-prefabricated product which has been manufactured following consumer’s instructions or at the express request of the consumer, or which is clearly personalized to the consumer.
According to the above, as the Service Documentation is prepared specifically for the area you specified, the right of withdrawal may not be exercised if you order Geospatial Services.
You are entitled to withdraw from the contract within 14 days without justification. Once the performance has begun, you have the right to terminate the contract within 14 days without justification. The withdrawal / termination period expires 14 days from the date of conclusion of the contract.
You may exercise your right of withdrawal / termination by sending us your clear statement on withdrawal / termination via post or e-mail to the following address: mYields Kft., postal address: 1238 Budpaest, Nagztetenyi u. 182-192 e-mail: firstname.lastname@example.org phone number: +36304072917). You may also use the statement template attached hereto as Annex No. 1. The right of withdrawal / termination shall be deemed to be timely exercised if you send your notice of withdrawal / termination before the expiry of the deadline indicated above.
If you withdraw from the contract, we shall refund the total amount paid by you for the service immediately, but no later than 14 days from receipt of your notice of withdrawal. When refunding, we shall use the same payment method as the original transaction. Subject to your express consent, we may use another form of payment, but shall not charge you any additional fee.
If you have requested that the performance of the service should start within the above 14-day period, in the event of termination you shall reimburse us proportionately the price of the service performed until the date of termination. Similarly, we shall refund the part of the amount you paid that exceeds the consideration for our service performed.
XI. Warranty and Product Warranty
You may enforce a warranty claim against us in the event of our defective performance according to the provisions of the Hungarian Civil Code. Our performance shall be deemed as defective if at the delivery date it is not in compliance with the quality requirements laid down in the contract or stipulated by law. We shall not be liable for any defect you knew or should have known at the time of the conclusion of the contract.
You may enforce the following warranty claims: You may request repair or replacement unless fulfillment of your claim is impossible or would result in disproportionate additional costs for us compared to the fulfillment of other warranty claims. If you did not or could not request a repair or replacement, you may request a pro-rata reduction of the price, or you may repair the defect yourself or have it repaired at our expense, or, as a last resort, you may withdraw from the contract.
You may switch from the warranty claim chosen to another, but you shall bear the cost of the change, unless it was justified or we made the it necessary.
You shall notify us of the defect without delay after the discovery of the defect. In case you are acting as a consumer, a notification made within 2 months from the discovery of the defect shall be deemed to have been made in good time.
Your warranty rights shall lapse after 1 year from the delivery date. If you are acting as a consumer, your warranty rights shall lapse after 2 year from the delivery date, so please note that you will no longer be able to enforce your warranty rights beyond the 2-year limitation period.
You may enforce your warranty rights against mYields.
If you are acting as a consumer there are no conditions other than the notification of the defect to enforce your warranty rights within 6 months of the delivery date if you prove that the product or service was provided by us. However, after 6 months from the delivery date, you shall prove that the defect you identified already existed at the time of delivery.
This Section 10.2 shall apply only if you order mYard Services as a consumer.
In the event of a defect in the product, you may enforce, at your discretion, your warranty rights specified in Section 10.1 or your product warranty rights specified in this Section.
As a product warranty claim, you may only request the repair or replacement of the defective product. The product shall be deemed defective if it does not meet the quality requirements in force at the time of placing on the market or if it does not have the characteristics specified by the manufacturer.
You may enforce your product warranty rights within 2 years from the product being placed on the market by the manufacturer. Upon expiry of this period, you will no longer be able to enforce your product warranty rights.
You may only enforce your product warranty claim against the manufacturer or distributor of the product. You shall prove the defect of the product in the event of enforcing your product warranty rights.
The manufacturer (distributor) shall be relieved of warranty obligation if able to prove that:
he manufactured or placed the product on the market outside his business activity, or
the defect was not recognizable at the time of placing on the market according to the state of scientific and technical knowledge as of the time, or
the defect of the product results from the application of legal or regulatory provisions.
The manufacturer (distributor) shall prove only one reason for exemption.
Please note that you may not enforce a warranty claim and a product warranty claim simultaneously for the same defect. However, if your product warranty claim is effectively enforced, you may enforce your warranty claim in respect of the replaced product or part.
XII. Data Privacy
XIII. User Content
User Content Generally
Certain features of the mYard Site may permit users to generate or post content, including messages, reviews, video, maps, data, text, photographs, images, and data gathered by drone, satellite or other device, (hereinafter collectively referred to as “User Content”). You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the mYard Site.
User Content License Grant
To reiterate from the Section above, you own all of the User Content you post or submit on the mYard Site. By using mYard Site, you grant mYields a non-exclusive, irrevocable, fully paid and royalty-free, transferable, sublicensable, worldwide license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content for the purpose of providing and improvement of the mYard Site and the Services. [For example, we need these rights in order to process, analyze, store and display your data so you can view it while using the mYard Site, as well as to provide you support.] By publicly sharing User Content, you hereby grant to other users of the mYard Site a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the mYard Site in the manner applicable to such other users.
We may provide tools through the mYard Site that enable you to export information, including User Content, to third-party services. By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information.
User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you represent, and warrant that: you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize mYields and users of the mYard Site to use, process, and distribute your User Content; and your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe any third-party right, including any intellectual property, privacy or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates the Terms or is otherwise objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to User Content.
XIV. Our Intellectual Property
The Field Zones creation methodology is the intellectual property of mYields. You shall under no circumstances obtain any form of the Service Documentation which is storing information on the calculation method, or the RAW data used in the Filed Zone creation method. In case you receive any such information or any files or data structures which are not part of the Service Documentation, you shall immediately delete such documents or data and shall notify us.
During the term of the Terms and after termination or expiration thereof, you shall not, directly or indirectly, and shall not attempt to, reverse engineer in any manner or attempt to reverse engineer or extract source, object or executable code from all or any portion of the mYard Site or the Service, build, develop or create any product or service which competes with or is substantially similar to the Service created by mYields, or permit, assist or encourage any third party to do so, unless you can demonstrate that (i) an independent third party has licensed or sold the services (or something similar to them) to you on arms’ length terms, and (b) such competing solutions do not incorporate or contain, are not based upon, and do not rely in any way upon any Confidential Information disclosed by mYields to you, or to which you otherwise gained access, pursuant to the Terms or any previous contract between the parties.
The entire content of the Sites and all their elements, any textual, pictorial and other content (excluding User Content), as well as pictorial and technical solutions, graphics, trademarks, logos and other parts related to the organization and selection of such content are protected by intellectual property rights and shall be the sole property of mYields.
We grant you a non-exclusive, non-transferable license to download, record, or print the content on the Sites in its original form for the sole purpose of your personal use, but not to make it available to third parties in any form. This license only allows you to handle and archive an original copy of such content. Besides that, you shall not acquire any other rights or licenses for any copyrights, trademarks or any other intellectual property rights in connection with the Sites.
During the term of the Terms and after termination or expiration thereof, use of any content on the Sites for commercial purposes, online or via any digital or analogue medium, in particular its distribution or sale in any form is strictly prohibited. It is also forbidden to change or modify any part of the website, to adapt into any other work, publication, website, whether in electronic or other form.
Any further use of the content of the Sites or other intellectual property of mYields may be possible only with the prior permission of mYields. We will take all civil and criminal actions to eliminate and remedy any infringement of our intellectual property rights.
XV. Complaint Handling
This Section 15 shall apply only if you order the Services as a consumer.
You may submit complaints about our Services or our activities or the activity of any person acting on behalf of us relating to the provision of the Services orally or in writing at the following contact details:
postal address: 1238 Budpaest, Nagytetenyi u. 182-192
phone number: +36304072917
We shall investigate the written complaint within 30 days and respond in writing at e-mail or postal address provided by you.
Oral complaints shall be investigated without delay and, if possible, shall be remedied immediately. If you are in disagreement with the way the complaint is handled, or if the compliant cannot be investigated immediately, we shall proceed without delay to record the complaint and our position regarding the compliant in a report and shall respond in writing within 30 days at e-mail or postal address provided by you.
We make every effort to resolve any disputes through negotiations. If the dispute may not be settled by negotiation, you may turn to the conciliation board of your home address or temporary residence for a simple, quick, out-of-court settlement of the consumer dispute. If you have no permanent or temporary residence in Hungary, jurisdiction shall be determined based upon our registered seat. At your request, the application may be submitted to the conciliation board indicated in your application instead of the competent conciliation board as described above. We are obliged to cooperate in the conciliation board proceedings.
Contact details for each of the territorially competent Conciliation Boards
You may initiate the out-of-court settlement of your complaint regarding the product or service purchased online within the framework of an online dispute resolution procedure. You may initiate online dispute resolution and find detailed information on the conditions thereof on the following website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU
If the dispute may not be settled in one of the above ways or by other negotiations, you may turn to court.
Any notice provided by one party to the other under the Terms shall be in writing and sent either (i) by mail (receipt requested), in the case of you to your address on record in your user account information or – if not having an account – in your order data, and in the case of mYields, to the following address: HU-1223 Budapest, Nagytétényi út 180-196., or (ii) by electronic mail to your email address on record in your user account information or – if not having an account – in your order data, or to mYields at email@example.com.
If legal regulations or these Terms of Service do not require paper-based written communication, the e-mail correspondence shall be accepted as written communication between you and mYields.
Confidential information means such information in relation to either party, or either party’s products, services, business, personnel, commercial activities which is not generally known to the public and either derives economic value, actual or potential, from not being generally known or has a character such that the relevant party has a legitimate interest in maintaining its secrecy (hereinafter referred to as “Confidential Information”).
Both parties shall keep the Confidential Information of the other party confidential and bear full responsibility for its secrecy without limitation in time. Such information may only be disclosed to any third parties in case of prior written consent of the other party. Each party may only share such Confidential Information with its own employees, contributors in other working relationship or subcontractors to the necessary level, and bear full responsibility for their secrecy. The secrecy obligation arising from the present section shall have no time limit. In case of violation of the obligation of confidentiality due to any reason, the violating party shall be fully liable for all damages against the other party or any third parties.
The confidentiality obligation shall not apply to the information that
is publicly available;
was not disclosed in breach of the Terms;
was held by the other party without any restriction concerning disclosure prior to receiving it by the disclosing party;
was received from a third party who has legally acquired or created it and who is not bound by the non-disclosure obligation;
was created by a party without using the confidential information of the other party;
is required to be disclosed to the competent authority by law.
The parties shall be exempt from liability for partial or complete failure of fulfilling their obligations under these Terms, if it was caused by force majeure. Force majeure shall cover all events that occur after accepting the Terms, and which are so extraordinary in nature, that the parties could not foresee, or could not avoid with any reasonable measure. These events include flood, fire, earthquake or other natural disaster, also war, military actions, acts or actions of the official authorities and any other circumstances outside the parties’ reasonable influence. When such event occurs, the party who gained knowledge on this shall be obliged to notify the other party. All damages and costs resulting from the failure or late performance of this obligation of notification shall be borne by the party in default.
These Terms of Service shall be governed by and shall be construed in accordance with the Hungarian Law. The courts of Hungary shall have exclusive jurisdiction to hear and determine any suit, action or proceedings and to settle any disputes, which may arise out of or in connection with these Terms of Service and, for such purposes, each party hereby irrevocably submits to the jurisdiction of the courts of Hungary.
If any provision of these Terms of Service is held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. Failure to exercise any right under these Terms of Service will not constitute a waiver.
The Terms are the entire agreement between you and mYields and supersede all prior agreements and understandings concerning the subject matter hereof and may not be amended or modified except by a writing signed by the parties.
You and mYields are independent contractors, and the Terms will not establish any relationship of partnership, joint venture, or agency between you and mYields.
You may not assign the contract without the prior, written consent of mYields.
If any content of the mYard Site is not in compliance with these Terms of Service, latter shall prevail except if it is otherwise regulated by law.
We provide services through the mYard Site as “they are” and as “they are available”. We take all reasonable and expected measures to ensure the safe operation of the mYard Site but besides this we shall not bear any liability for damages resulting from the existence, use, useless state, incorrect operation, failure or pausing all or part of the site and by the entire shut down – even without prior notice -, and by deleting material available from the site, line or system errors, accidentally carried computer viruses or any unauthorized modification of the data. We recommend you to take necessary precautions: use anti-virus and anti-spyware softwares with an up-to-date database, and install security updates for the operating system. Using of the site supposes knowledge of technical and technological limits of the internet and besides this the acceptance of possibilities of errors. We shall not bear any responsibility and liability for any damages caused by entering the site. You are obliged to protect your own computer and the data stored on it.
You understand that the mYard Site may contain links to third-party sites that are not owned or controlled by mYields, which mYields has no control over, and for which mYields is not responsible.
Contact details for each of the territorially competent Conciliation Boards:
Baranya County Conciliation Board
Address: 7625 Pécs, Majorossy I. u. 36.
Postal address: Pécs-Baranyai Kereskedelmi és Iparkamara által működtetett Baranya Megyei Békéltető Testület, 7625 Pécs, Majorossy I. u. 36.
Phone number: +36 72 507 154
Jász-Nagykun-Szolnok County Conciliation Board
Address: 5000 Szolnok, Verseghy park. 8. III. emelet 303-304. szoba.
Postal address: Jász-Nagykun-Szolnok Megyei Kereskedelmi és Iparkamara mellett működő Békéltető Testület, 5000 Szolnok, Verseghy park 8.
Phone number: +36 20 373 2570
Bács-Kiskun County Conciliation Board
Address: 6000 Kecskemét, Árpád krt. 4.
Postal address: Bács-Kiskun Megyei Kereskedelmi és Iparkamara által működtetett Bács-Kiskun Megyei Békéltető Testület, 6001 Kecskemét, Pf. 228
Phone number: +36 76 501 525, +36 501 532, +36 70 938 4765
Komárom-Esztergom County Conciliation Board
Address: 2800 Tatabánya, Fő tér 36.
Postal address: Komárom-Esztergom Megyei Kereskedelmi és Iparkamara által működtetett Békéltető Testület, 2800 Tatabánya, Fő tér 36.
Phone number: ++36 30 201 1647, +36 34 513 010
Békés County Conciliation Board
Address: 5600 Békéscsaba, Penza ltp. 5.
Postal address: Békés Megyei Kereskedelmi és Iparkamara által működtetett Békés Megyei Békéltető Testület, 5600 Békéscsaba, Penza ltp. 5.
Phone number: +36 66 324 976
Nógrád County Conciliation Board
Address: 3100 Salgótarján, Mártírok útja 4.
Postal address: Nógrád Megyei Kereskedelmi és Iparkamara által működtetett Nógrád Megyei Békéltető Testület, 3100 Salgótarján, Mártírok útja 4.
Phone number: +36 32 520 860
Borsod-Abaúj-Zemplén County Conciliation Board
Address: 3525 Miskolc, Szentpáli u. 1.
Postal address: B-A-Z. Megyei Kereskedelmi és Iparkamara által működtetett Békéltető Testület, 3501 Miskolc, Pf. 376.
Phone number: +36 46 501-090
Pest County Conciliation Board
Address: 1119 Budapest, Etele út 59-61. II. emelet 240.
Postal address: Pest Megyei Kereskedelmi és Iparkamara által működtetett Békéltető Testület, 1364 Budapest, Pf.: 81.
Phone number: +36 1 269 0703
Budapest Conciliation Board
Address: 1016 Budapest, Krisztina krt. 99. I. em. 111.
Postal address: Budapesti Békéltető Testület, 1253 Budapest, Pf.:10.
Phone number: +36 1 488 2131
Somogy County Conciliation Board
Address: 7400 Kaposvár, Anna u. 6.
Postal address: Somogy Megyei Kereskedelmi és Iparkamara által működtetett Somogy Megyei Békéltető Testület, 7400 Kaposvár, Anna u. 6.
Phone number: +36 82 501 000
Csongrád County Conciliation Board
Address: 6721 Szeged, Párizsi krt. 8-12.
Postal address: Csongrád Megyei Kereskedelmi és Iparkamara mellett működő Csongrád Megyei Békéltető Testület, 6721 Szeged, Párizsi krt. 8-12.
Phone number: +36 62 554 250/118
Szabolcs-Szatmár-Bereg County Conciliation Board
Address: 4400, Nyíregyháza Széchenyi utca 2.
Postal address: Szabolcs-Szatmár-Bereg Megyei Kereskedelmi és Iparkamara mellett működő Békéltető Testület, 4400, Nyíregyháza Széchenyi utca 2.
Phone number: +36 42 420 180
Fejér County Conciliation Board
Address: 8000 Székesfehérvár, Hosszúsétatér 4-6.
Postal address: Fejér Megyei Kereskedelmi és Iparkamara mellett működő Fejér Megyei Békéltető Testület, 8000 Székesfehérvár, Hosszúsétatér 4-6.
Phone number: +36 22 510 310
Tolna County Conciliation Board
Address: 7100 Szekszárd, Arany J. u. 23-25.
Postal address: Tolna Megyei Kereskedelmi és Iparkamara mellett működő Békéltető Testület, 7100 Szekszárd, Arany J. u. 23-25.
Phone number: +36 74 411 661
Email: firstname.lastname@example.org, email@example.com
Győr-Moson-Sopron County Conciliation Board
Address: 9021 Győr, Szent István út 10/A.
Postal address: Győr-Moson-Sopron Megyei Kereskedelmi és Iparkamara mellett működő Győr-Moson-Sopron Megyei Békéltető Testület, 9021 Győr, Szent István út 10/A.
Phone number: +36 96 520 217
Vas County Conciliation Board
Address: 9700 Szombathely, Rákóczi Ferenc u. 23.
Postal address: Vas Megyei Kereskedelmi és Iparkamara mellett működő Békéltető Testület, 9700 Szombathely, Honvéd tér 2.
Phone number: +36 94 506 645
Hajdú-Bihar County Conciliation Board
Address: 4025 Debrecen, Vörösmarty u. 13-15.
Postal address: Hajdú-Bihar Megyei Kereskedelmi és Iparkamara mellett működő Hajdú-Bihar Megyei Békéltető Testület, 4025 Debrecen, Vörösmarty u. 13-15.
Phone number: +36 52 500 710
Veszprém County Conciliation Board
Address: 8200 Veszprém, Radnóti tér 1.
Postal address: Veszprém Megyei Kereskedelmi és Iparkamara mellett működő Békéltető Testület, 8200 Veszprém, Radnóti tér 1.
Phone number: +36 88 814 121
Heves County Conciliation Board
Address: 3300 Eger, Hadnagy utca 6. földszint 1.
Postal address: Heves Megyei Kereskedelmi és Iparkamara mellett működő Heves Megyei Békéltető Testület, 3300 Eger, Faiskola út 15.
Phone number: +36 416 660/105
Zala County Conciliation Board
Address: 8900 Zalaegerszeg, Petőfi út 24.
Postal address: Zala Megyei Kereskedelmi és Iparkamara mellett működő Békéltető Testület, 8900 Zalaegerszeg, Petőfi út 24.
Phone number: +36 92 550 513
Statement on withdrawal / termination (template)
(complete and return only in case you wish to withdraw from or terminate the contract)
I/we declare to excersice my/our right of withdraw/right of termination in respect of a contract for the sale of the following product(s) or the provision of the following service: ………………………….
Date of conclusion of contract/date of receipt: …………………
Consumer’s name: ……………….
Consumer’s address: …………………………
Consumer’s signature: ……………………………(in the case of a statement in paper form only)