info@farm-startup.com

User Terms & Privacy Agreement VSME Tool

(the “Agreement”)

Effective Date: 27-05-2025

This Agreement governs the use of the proprietary digital tool ("VSME Tool") developed, owned, and operated by or on behalf of Alfred SPFARM,. and/or ESG Kennisplatform (hereinafter referred to as the "Provider", "we", "us", or "our").

By accessing or using the Tool, you (the "User") confirm that you have read, understood, and agree to be legally bound by the following terms and conditions. If you do not agree with this Agreement in its entirety, you must not use the Tool.

1. Ownership and Intellectual Property Rights

1.1 The Tool and all components thereof, including but not limited to source code, algorithms, methodologies, models, workflows, data structures, user interface elements, visual designs, trade names, domain names, documentation, underlying databases, and all derivative works, are the exclusive property of the Provider and protected by applicable laws governing intellectual property, including the Dutch Copyright Act, the Benelux Convention on Intellectual Property, and relevant European Union directives.

1.2 The User acknowledges and agrees that all rights, title, and interest in and to the Tool remain exclusively vested in the Provider. No license or right of use is granted other than the limited, non-exclusive, revocable, and non-transferable right to use the Tool in accordance with these terms.

1.3 Reverse engineering, scraping, duplicating, mirroring, data mining, extraction, or any reproduction of the Tool or its components, whether manually or via automated methods, is strictly prohibited.

1.4 The User shall not use any Artificial Intelligence (AI), machine learning models, bots, or automated software tools to access, interact with, analyze, or derive any output from the Tool without the Provider’s express written consent. Likewise, it is strictly prohibited to incorporate any part of the Tool or its output into AI models or datasets.

1.5 Any attempt to replicate, train, or enhance AI models using data derived from the Tool constitutes a material breach of this Agreement and a violation of our intellectual property rights, and will be subject to civil and criminal prosecution.

2. Authorized Use and Restrictions

2.1 The Tool may only be used for its intended lawful and educational or research-based purposes. The following actions are strictly prohibited and may constitute violations of civil and/or criminal law:

Uploading, submitting, or transmitting illegal, harmful, defamatory, threatening, hateful, harassing, abusive, or violent content;

Submitting knowingly false, misleading, or fraudulent information within the Tool;

Uploading or attempting to upload any malicious code, viruses, worms, Trojan horses, spyware, or any other software intended to disrupt, damage, or interfere with the Tool;

Engaging in any spam activity, including submission of mass-generated fake email addresses, spoofing data, or other manipulative content;

Attempting to bypass, disable, or tamper with the Tool’s technical safeguards, authentication systems, or rate-limiters.

2.2 The Provider reserves the right to block, restrict, or permanently revoke access to any User who, in the sole judgment of the Provider, violates these provisions.

3. Data Usage and Privacy

3.1 The Provider processes data and does not collect personally identifiable information unless expressly submitted by the User for a specific purpose. Any data collected via the Tool is anonymized and used for but not limited to aggregated research, internal analysis, and improvement of our services.

3.2 The Provider does not sell, rent, transfer, or otherwise commercialize any identifiable user-submitted data.

3.3 Users are strictly prohibited from submitting any personal data belonging to third parties without lawful grounds or explicit consent.

3.4 The Tool complies with the General Data Protection Regulation (GDPR) and applicable Dutch privacy law (AVG). For questions regarding data handling, please contact:

Privacy & Legal Questions & Reporting abuse:  info@farm-startup.com

Technical Issues:  info@esg-kennisplatform.com

4. Disclaimers

4.1 The Tool is provided “as is” and “as available”, without any warranties of any kind, whether express, implied, statutory, or otherwise. The Provider disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

4.2 The Provider does not guarantee that the Tool will function without interruptions, errors, or security vulnerabilities.

4.3 Use of the Tool is at your sole risk. You are solely responsible for your actions and any consequences resulting from your use of the Tool.

5. Limitation of Liability

5.1 To the fullest extent permissible under applicable law, the Provider shall not be liable for any direct, indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of data, revenue, profits, goodwill, or business opportunities arising out of or related to:

Use or inability to use the Tool;

Errors, bugs, or malfunctions;

Unauthorized access or data manipulation;

User submissions, false data, or misuse of the Tool by others.

5.2 You agree to indemnify, defend, and hold harmless the Provider and its affiliates, directors, officers, and employees against any third-party claims, liabilities, damages, or expenses arising out of your use of the Tool in violation of this Agreement or applicable law.

6. Governing Law and Jurisdiction

6.1 This Agreement and any dispute arising out of or related to it shall be governed exclusively by the laws of the Kingdom of the Netherlands, without regard to conflict-of-law principles.

6.2 Jurisdiction for any disputes arising under or in connection with this Agreement shall lie exclusively with the competent courts located in Amsterdam, the Netherlands, unless otherwise required by mandatory EU consumer protection rules.

7. Modifications to the Agreement

7.1 The Provider reserves the right to update or modify this Agreement at any time without prior notice. The most current version will always be available via the Tool interface or related websites.

7.2 Continued use of the Tool after any modification constitutes acceptance of the revised Agreement.

8. Contact Details

If you have any questions regarding this Agreement, data use, intellectual property, or to report violations or abuse, you may contact us as follows:

Legal & Privacy Inquiries:  info@farm-startup.com

Tool Issues & Technical Support:  info@esg-kennisplatform.com

By accessing or using the Tool, you acknowledge that you have read, understood, and accepted this legally binding Agreement in full.