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Terms of Service

These Terms of Service (the “Terms”) form a legal agreement between you and Kiss Industries, a company based in Switzerland (“we”, “us”, “our”), and govern your access to and use of The Farmland Atlas: our website, interactive map, scores and data layers, the API, the concierge research product, and all related services (together, the “Service”). Please read them carefully. They contain important provisions about the nature of our data, the limits of our liability, and how disputes are handled.

1. Agreement and acceptance

By accessing or using the Service, creating an account, or purchasing a subscription or product, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, please do not use the Service.

2. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Service. By using it you represent that you meet these requirements. If you use the Service on behalf of a company or other organisation, you represent that you are authorised to bind that organisation to these Terms, and “you” refers to both you and that organisation.

3. Definitions

4. Description of the Service

The Farmland Atlas is an informational farmland-viability atlas. It scores places on Earth for long-term farmland viability using modelled composites of climate, water, soil, terrain, hazard, institutional and economic data drawn from public scientific and statistical sources. It is a research and exploration tool that helps you understand and compare locations. It does not list properties for sale, broker transactions, or represent that any land is available, suitable or lawful to acquire or use.

5. Not investment, financial, legal, tax or agronomic advice

6. Data accuracy and modelled estimates

Our scores are modelled estimates, not measurements. They are produced by combining third-party source data with our own compositing and weighting choices, which involve assumptions and simplifications. Please keep the following in mind:

You are responsible for verifying anything on which you intend to rely.

7. Accounts and security

Some features require an account, which you can create using Google sign-in or an email magic link. You agree to provide accurate information and to keep your account secure. You are responsible for all activity that occurs under your account, whether or not you authorised it. Please notify us promptly at [email protected] if you suspect any unauthorised use. We may refuse, suspend or reclaim any account or username at our reasonable discretion.

8. Free tier and fair use

You can explore the map for free. On the free tier you may open a limited number of location field notes; once you sign in with a free account, field notes become unlimited. The free tier is offered on a fair-use basis for ordinary personal and professional research. We may set, change or enforce reasonable limits to keep the Service available and to prevent abuse, and we may withdraw free access to anyone who circumvents those limits or the sign-in requirement.

9. PRO subscription

PRO is an optional paid subscription that unlocks additional capabilities, including advanced filtering and layers, API access (see section 11), and the removal of sponsor placements. The following terms apply:

10. Concierge research

We may offer a bespoke concierge research product, delivered as a set of five printed magazines together with a PDF, prepared for the criteria you specify. Concierge research is a made-to-order informational deliverable and is subject to section 5 in full: it is research and opinion, not advice, and not a recommendation to acquire or use any land. Concierge pricing is quoted per engagement and confirmed with you before you order. The specific scope, timeline, delivery arrangements, price and any refund or cancellation terms are those set out in the order or quotation you accept for each commission, which prevail over these Terms to the extent they conflict.

11. API and acceptable use

PRO users may access the Service through our API, subject to any documentation, keys and limits we publish. Whether you use the API, the app or any other access method, you agree that you will not:

12. Intellectual property

As between you and us, we (and our licensors) own the Service and our Content, including the composites, the scoring model and its weightings, the interface, the design, and the text. Source data remains the property of the respective providers and is used under their licences (see section 13). Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive and non-transferable licence to access and use the Service and Content for your own lawful research and decision-making. All rights not expressly granted are reserved. You may not remove or obscure any attribution, copyright or proprietary notices.

13. Third-party data and services

Our Content is derived from third-party source data, and the Service relies on third-party providers. Your use of the Service is also subject to the terms and licences of those providers. Source data includes, among others: WorldClim, FAO/HWSD, ISRIC SoilGrids, WRI Aqueduct, GEM (Global Energy Monitor), the Malaria Atlas Project, JRC GHS-POP, the World Bank, the UN World Population Prospects, UCDP, OurAirports and GeoNames. Our service providers include Google (authentication), Resend (transactional email), Stripe (payments), Cloudflare (serving the static map tiles and content delivery) and DataFast (privacy-first, cookieless analytics). We do not control third-party data or services and are not responsible for them.

14. Sponsorship and no endorsement

Some placements within the Service are paid sponsorships. Sponsorships are clearly commercial placements and are not endorsements, recommendations or verifications by us of any sponsor or their offering. Sponsor placements are removed for PRO subscribers. Any dealings you have with a sponsor are solely between you and that sponsor.

15. User conduct

You agree to use the Service responsibly and lawfully. In particular, you agree not to: upload or transmit malicious code; probe, scan or test the security of the Service without authorisation; interfere with other users’ access; misrepresent your identity or affiliation; or use the Service to violate any applicable law, regulation or third-party right.

16. Disclaimers

To the maximum extent permitted by law, the Service and all Content are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, secure or error-free, that defects will be corrected, or that the Content is accurate, complete or current. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

17. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, or for any loss arising from decisions made in reliance on the Service or its Content, even if we have been advised of the possibility of such loss. Our total aggregate liability for all claims relating to the Service is limited to the greater of the amount you paid us in the twelve months before the event giving rise to the claim, or 100 US dollars. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud, or under mandatory consumer-protection law.

18. Indemnification

You agree to indemnify and hold us and our team harmless from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to your misuse of the Service, your breach of these Terms, or your violation of any law or third-party right.

19. Suspension and termination

We may suspend, restrict or terminate your access to the Service (in whole or in part) if you breach these Terms, if we reasonably believe it is necessary to protect the Service, other users or third parties, or to comply with law. You may stop using the Service at any time and may cancel PRO as described in section 9; where you have paid for a period, paid access continues until the end of that period. Provisions that by their nature should survive termination (including sections 5, 6, 12, 16, 17 and 18) will survive.

20. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will post the updated Terms here with a new “last updated” date and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect means you accept the updated Terms. If you do not agree, please stop using the Service.

21. Governing law and jurisdiction

These Terms and any dispute arising out of or in connection with them are governed by the laws of Switzerland, without regard to conflict-of-laws rules, and the courts of Switzerland have jurisdiction over any dispute. This does not override the mandatory consumer-protection rights of consumers in the EU or EEA where those rights apply: if you are such a consumer, nothing in this section deprives you of the protection of the mandatory laws of your country of residence, and you may also be able to bring proceedings in the courts there.

22. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

23. Entire agreement

These Terms, together with the Privacy Policy and any order terms for the concierge product, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements or understandings on that subject. Our failure to enforce any provision is not a waiver of it.

24. Contact

Questions about these Terms? Email us at [email protected].