Terms of Service

The Soil Inventory Project

Terms of Service Agreement

Last updated: August 8, 2022

This Terms of Service Agreement (the "Agreement") is your agreement to participate in The Soil Inventory Project. "You" or "Authorized User" means the person or company agreeing to this Agreement. "TSIP" means The Soil Inventory Project, Inc. a non-profit Delaware corporation.

You may consent to sign this Agreement electronically. By clicking the "I accept" button, you agree that this Agreement is a legally binding contract between you and TSIP. If you do not agree, you should not download, install or use the software provided by this Agreement or the Services.

  1. TSIP Services. TSIP is building a decentralized measurement system that provides publicly accessible geospatial soil data (the "Project"). The Project is constructed from the following services: (1) use of soil sampling field kits ("Field Kit") to generate geospatially referenced soil samples; (2) laboratory analysis of Field Kit soil samples ("Soil Analysis"); (3) smart phone applications that provide instructions for use of Field Kit and access to Soil Analysis results ("App"); (4) a website providing the results of Soil Analysis provided by you and other Participants ("Website"); and (5) a database of Soil Analysis results obtained and maintained by TSIP (the "Database"). The Field Kit, Soil Analysis, App, Website, Database, and associated software constitute the "Services." As long as you maintain a valid user account with TSIP and stay in compliance with this Agreement, TSIP grants you a limited, non-transferrable, revocable license to use the Services.

  2. Field Kits. TSIP shall provide Participants with Field Kits that should be used within thirty (30) days of receipt. Participants agree to follow the instructions provided with the Field Kits and made available through the App. If you have any questions about the proper use of Field Kits, please contact TSIP at the contact information below. The Services require that all sampling procedures are followed strictly according to the instructions. Failure to follow the instructions may cause your sample to be disregarded by TSIP.

  3. Soil Analysis. Soil samples taken with the Field Kits are analyzed by a third-party laboratory, not affiliated with TSIP. Upon receipt of the Soil Analysis results, TSIP shall make such results available to Authorized Users through email, download, or other digital format. TSIP makes no representations or warranties regarding the accuracy of any Soil Analysis. By providing your soil sample to the laboratory, you grant the laboratory permission to conduct the Soil Analysis and to register the results in the Database. You relinquish any ownership rights to the soil sample and resulting Soil Analysis.

  4. App. You must download and install the TSIP App from the iOS App Store or Google Play Store to activate the Field Kit. If you chose not to install the App, you must return the Field Kit to TSIP within thirty (30) days. The iOS App is subject to the following additional terms:

    1. License for iOS Devices. This Agreement grants you a nontransferable license to use the TSIP App on any Apple-branded products running iOS (including iPad and iPhone) (each, an "iOS Device") that you own or control. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the TSIP App and, if you sell your iOS Device to a third party, you must remove the TSIP App from the iOS Device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the TSIP App or any updates. Any attempt to do so is a violation of the rights of the TSIP. If you breach this restriction, you are liable to TSIP for all damages.

    2. App Updates. The terms of this Agreement will govern any upgrades provided by TSIP that replace or supplement the original TSIP App, unless such upgrade is accompanied by a separate agreement, in which case the terms of that license will govern.

    3. Maintenance and Support. TSIP is solely responsible for providing maintenance and support services for the TSIP App. You acknowledge that Apple has no obligation to furnish any maintenance and support services with respect to the App.

    4. Warranty and Claims. In the event a failure of the App to conform to any applicable warranty, you agree that Apple is not liable. In the event the third-party claim that the App infringes on the third-party's intellectual property, you agree that Apple is not liable. The App is subject to the warranty disclaimer below.

    5. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

    6. Third Party Beneficiary: You agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the App, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

  5. Website. TSIP operates a website (https://thesoilinventoryproject.org) that is accessible to the public. You acknowledge that TSIP may provide case studies and research results derived from the Database on the Website, but only in an anonymized form. TSIP may provide other persons access to the Database as described in TSIP's Data Use Policy.

  6. Soil Data. TSIP has created a Data Use Policy that defines "Soil Data" and TSIP's rights to use your Soil Data. You grant to TSIP a nonexclusive, royalty-free, right to use, store, register in the Database, transmit, and display your Soil Data as necessary solely to perform the Services.

  7. Authorized Users. To use the Services, you must be an Authorized User. "Authorized Users" are persons or companies who create an account with TSIP through the App. Creating an account requires a log-in, password, and other information that identifies you as the Authorized User of the Services. TSIP reserves the right to exclude any person from using the Services who is not identified as an Authorized User. Authorized Users are responsible for the conduct of all persons who access and use the Services with their login, as well as unauthorized users that obtain access to your account due to any Authorized User's failure to safeguard their user id or password. Persons or companies that create TSIP accounts in order to collect Soil Data from their customers, members, clients or other landowners ("Landowners") agree to obtain such Landowner's consent to participate in the TSIP Project.

  8. Personal Information. TSIP collects personal information from Authorized Users in order to provide the Services. Personal information is defined in TSIP's Privacy Policy, which establishes TSIP's rights and obligations with respect to the personal information collected.

  9. Payment Terms. You agree to pay the fee established by TSIP ("Fee") on the terms provided by TSIP on the Pricing Schedule, attached. Your use of the Services is conditioned upon your payment of the Fee.

  10. Disruptions to Services. TSIP may alter, suspend, or discontinue the Services at any time without notice. TSIP's Services may also become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

  11. Prohibited Conduct.

    1. ** Access and Security.** You are responsible for maintaining the confidentiality of your password and account information. You will use reasonable security measures to prevent unauthorized users from accessing the Services. You shall defend and indemnify TSIP from any Losses (as defined below) due to (i) the acts or omissions of Authorized Users accessing and using the Services and (ii) the acts of unauthorized users accessing the Services with your or any Authorized Users' account logins.

    2. Prevent Malware. You shall not intentionally upload or transmit any Malware (as defined below) to TSIP. "Malware" means any of the following: computer instructions or code that can alter, destroy, shut down, lock out, lock up, encrypt, inhibit or interfere the operation of or access to computer software, databases, data, network, servers, or any related computer environment, including but not limited to other programs' data storage and computer libraries; programs that self-replicate without manual intervention; instructions programmed to activate at a predetermined time upon a specified event; programs that permit unauthorized access to computer software or hardware or databases; programs that purport to do a meaningful function but are designed for a different and harmful function; and programs that perform no useful function but utilize substantial computer, telecommunications, memory, or other resources, including viruses, Trojan horses, botnets, spiders, time bombs, protect codes, data destruction keys, trap doors, kill switches, DDOS (distributed denial of service) code, and similar code or devices.

    3. Accurate Soil Samples. You agree that all soil samples submitted to the Project shall follow the procedures required by the Field Kit. You shall not alter or adulterate any soil samples submitted as part of the Project. In addition, you shall not take any action with the intent to create false or inaccurate results. Your use of the Services must be lawful at all times.

    4. Landowner Consent. Authorized Users who are submitting Soil Data from Landowners shall obtain consent from each Landowner prior to obtaining soil samples and sending such samples for lab analysis. You agree to defend and indemnify TSIP from and against any claims from landowners claiming that Soil Data was provided to TSIP without such Landowner's consent.

  12. IP Rights. This Agreement does not grant you any right, title, or interest in the name "The Soil Inventory Project" or the logos associated with the Services ("Trademarks"). The Trademarks are owned by TSIP. The Services provided by TSIP may be protected by copyright, trademark, patent, and other state and federal laws of the United States. This Agreement does not grant you any rights to any software, other trademarks, service marks, trade names, logos, domain names, or brand features associated with TSIP, including those marks used by TSIP belonging to others (the "Proprietary TMs") or any trademark, service mark, trade name, logo, domain name or brand feature that is identical or confusingly similar to the Trademarks or Proprietary TMs, or that constitutes a translation thereof into any other language. You agree to pay TSIP any attorneys' fees incurred by TSIP in enforcing this provision.

  13. Disclaimer. ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TSIP makes no guarantees regarding the accuracy or reliability of any Soil Analysis or representation of such results through the Services. The total liability of TSIP for all claims arising out of your use of the Services will not exceed the amounts actually paid by you to TSIP during the most recent twelve (12) month period. In no event shall TSIP be liable for any indirect, consequential, or punitive damages.

  14. Modifications. TSIP may modify the terms of this Agreement periodically to reflect changes in the Project. Your continued use of the Services is your agreement to the updated terms of the Agreement.

  15. Governing Law. This Agreement governed by Indiana law. Any suit naming TSIP (including Meridian Institute, any affiliated company or brand, owners, employees, attorneys, or agents) as a party involving these Terms must be filed in state courts or federal district court located in Marion County, Indiana and you consent to venue and jurisdiction there. This Agreement creates no third-party beneficiary rights. TSIP's failure to enforce any provision in this Agreement is not a waiver of the right to do so at a later date. If any provision is found unenforceable, the remaining provisions of this Agreement will remain in full effect. You may not assign your account or any of your rights in the Services with TSIP's consent. TSIP may assign its rights without your consent. This Agreement does not create an employee, partnership, or agency relationship between you and TSIP.

  16. Lawful Use. Your use of the Services must be lawful at all times. You must be at least 18 years of age or older to use the Services. Any user of your account must be authorized by you. Nothing in this Agreement shall prevent TSIP from complying with any subpoena or court order compelling TSIP to disclose your Soil Data or other information.

  17. Questions and Inquiries. If you have questions regarding the Services or this Agreement, please contact TSIP at: contact@tsip.org