PLEASE READ THIS EULA CAREFULLY. This End-User License Agreement is a legal agreement between you (the “User” or “you”) and Nelson Mandela African Institution of Science and Technology (NM-AIST) under Precision Livestock Farming project (PLF Project); the “Licensor”, also referred to as the “Owner”), an Institution based in the United Republic of Tanzania, concerning your use of the Ng’ombe Smart mobile application (the “App”). Ng’ombe Smart, developed by NM-AIST under PLF project, is intended to assist with livestock farm management by providing tools for farm assessments, livestock feed formulation, access to educational content, and a directory of farming service providers. By downloading, installing, or using this App, you agree to be bound by the terms of this EULA. If you do not agree to these terms, do not use the App.
1. License Grant and Scope
Subject to your compliance with this EULA, Licensor hereby grants you a personal, limited, non-exclusive, non-transferable, and revocable license to install and use one copy of the App on an Apple device that you own or control, for your personal or internal farm use only. This license is provided solely for the purpose of enabling you to use and enjoy the App’s services in accordance with this EULA. No ownership rights are transferred to you: the App is licensed, not sold. All rights not expressly granted to you are reserved by the Licensor.
2. Acceptable Use and Restrictions
2.1 Permitted Use: You may use the App only for its intended purposes of farm management and education, and in accordance with all applicable laws and regulations. You agree to use the App in a responsible manner and only for lawful agricultural and educational activities.
2.2 Prohibited Activities: You shall NOT:
- Copy, distribute, rent, lease, lend, sell, sublicense, or otherwise transfer the App or any portion of it to any third party. You may not make the App available over a network where it could be used by multiple devices at the same time, except as allowed by Apple’s App Store usage rules.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, nor create any derivative works from the App. You also may not modify, translate, or otherwise attempt to discover the App’s source code, except to the limited extent that applicable law expressly permits such activity notwithstanding this restriction.
- Use the App to transmit any viruses, malware, or harmful code, or to engage in any activity that interferes with or disrupts the App’s functionality or servers.
- Use the App in any manner that violates the rights of others or that could damage, disable, overburden, or impair the App or any related services (e.g. engaging in harassment, fraud, unauthorized advertising, or other improper conduct via the App).
2.3 Acceptable Use: You agree not to use the App for any purpose other than as intended – specifically, Ng’ombe Smart is to be used for managing and improving livestock farming practices (farm assessments, feed ration formulation, learning materials, and finding service providers) and related educational purposes. Any use of the App to provide veterinary diagnoses, medical treatment recommendations, or any critical decision-making beyond general farm management guidance is strictly prohibited. The content and calculations provided by the App are for informational and educational purposes only and must not be relied upon as professional veterinary advice.
3. Intellectual Property and Ownership
The App (including all content, text, images, videos, databases, software code, and other components of the App) is the intellectual property of the Developer (NM_AIST) or its licensors. The structure, organization, and code of the App are valuable trade secrets and confidential information of the Developer. All title, ownership rights, and intellectual property rights in and to the App remain with the Developer. You are granted only the limited license to use the App as set forth in this EULA. You do not acquire any ownership or proprietary interest in the App or any part of it. All trademarks, logos, and service marks displayed in the App are the property of the Developer or other third parties. You may not remove, alter, or obscure any copyright, trademark, or other proprietary notices on the App.
4. Privacy and Data
Use of the App may involve the collection and processing of certain personal data and farm-related information. Any personal information you provide through the App (such as your name, contact information, farm name, or farm records) will be handled in accordance with our Privacy Policy (see below) which is incorporated by reference into this EULA. By accepting this EULA and using the App, you also agree to the terms of the Privacy Policy. We do not sell your personal data, and we implement reasonable measures to protect your data’s security. You acknowledge that you have read and understood the Privacy Policy, including what data is collected and how it is used.
5. Disclaimer of Warranties (Educational Use Only)
5.1 Educational Purpose – Not Veterinary Advice: The content, calculations, and any guidance provided by Ng’ombe Smart are intended for educational and general informational purposes only. While the App strives to assist you with farm management (for example, by providing feed ration suggestions or farm assessment feedback), it is not a substitute for professional veterinary or agricultural advice. Always consult a qualified veterinarian or agricultural extension officer for definitive advice on animal health, nutrition, or any critical farm decisions. The Developer makes no representation that following the App’s suggestions will achieve any specific outcome for your livestock or farm; individual conditions and professional advice may vary.
5.2 “As Is” Warranty Disclaimer: The App is provided “AS IS” and “AS AVAILABLE”, without warranty of any kind. To the maximum extent permitted by applicable law, the Licensor disclaims all warranties and conditions, whether express, implied, or statutory, regarding the App and its performance. This includes, but is not limited to, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, reliability, or non-infringement. The Licensor does not guarantee that the App will meet your requirements, achieve any intended results, be compatible with your devices, or operate uninterrupted or error-free. No oral or written information or advice given by the Developer or its authorized representatives shall create any warranty. You assume all responsibility for use of the App and any decisions made based on information provided by the App.
6. Limitation of Liability
To the fullest extent permitted by law, in no event shall the Developer (NM-AIST) or its officers, employees, or affiliates be liable for any indirect, incidental, consequential, special, or exemplary damages whatsoever arising out of or in connection with your use of or inability to use the App. This includes but is not limited to damages for loss of profits or revenue, loss of data, loss of goodwill, device damage, business interruption, or losses related to your livestock or farm operations. The Developer shall not be liable for any claims arising from any decisions you make based on information provided by the App (such as feed formulation recommendations or assessment results).
7. Termination
This EULA is effective from the time you accept it (by downloading or using the App) and will remain in effect until terminated. You may terminate this agreement at any time by discontinuing use of the App and uninstalling it from your device. The Licensor may terminate this EULA immediately and without notice if you fail to comply with any term of this agreement. Upon termination for any reason, the license granted to you will automatically end, and you must cease all use of the App and destroy any copies of the App in your possession. Sections 3 (Intellectual Property), 5 (Disclaimer), 6 (Limitation of Liability), 8 (Governing Law), and 9 (Support & Contact) shall survive termination of this EULA.
8. Governing Law and Dispute Resolution
This EULA and any dispute arising from it or from the use of the App shall be governed by the laws of the United Republic of Tanzania, without regard to its conflict of laws principles. You agree that any disputes or claims arising out of this EULA or the App will be subject to the exclusive jurisdiction of the courts of the United Republic of Tanzania. If you reside in a jurisdiction outside Tanzania, you expressly consent to the jurisdiction of Tanzanian courts for the resolution of any dispute. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
9. Changes to Terms
The Developer reserves the right to modify or update the terms of this EULA at any time. In the event of a material change, we will notify users via an in-app notification or via our website. Continued use of the App after any such update constitutes your acceptance of the revised EULA. If you do not agree to the updated terms, you must stop using the App.
10. Support and Contact Information
If you have any questions, concerns, or need assistance regarding the App or this EULA, please contact info@nottech.co.tz You can also find more information and support on our website: https://plfhub-nmaist.ac.tz/. We value our users and will do our best to address your inquiries.