GreenIQ Terms of Service

GreenIQ, Ltd. (“GreenIQ”, or “us”, “our”, “we”) provides an irrigation and lighting
controller, as powered by a mobile device (the “Garden Computer”) and related services as
defined below (the “Services”). These Terms of Service (these “Terms”) constitute a legal
agreement between GreenIQ and yourself (“you”, “User”). By accessing or using the
GreenIQ Internet site locate at http://www.greeniq.co (“Site”), purchasing the Garden
Computer and using any service provided by us you agree that you have read, understood,
accept and agree to be bound by these Terms, as well as our Privacy Policy, which is available
at http://greeniq.co/documentation.htm. If you do not agree to these Terms or the Privacy
Policy, do not access or use the Site, the Garden Computer or any Services provided through
the Site.
We reserve the right, in our sole discretion, to revise or modify these Terms at any time, and
you agree to be bound by such revisions or modifications. You are responsible for reviewing
these Terms periodically. Your continued use of the Site, the Garden Computer or the Service
after a change or modification of these Terms has been made will constitute your acceptance
of the revised Terms.
You agree that we may modify any part of the Site or Service, at any time or discontinue the
Service or any part thereof, for any reason, without notice to you and without liability. In
addition, we may begin or cease to charge for your use or access of any part of the Site or
Service, or increase or decrease any amounts we charge for the use or access of the Site or
Services, at any time in our sole discretion.

Use of the Site and Services

Subject to your agreement and compliance with these Terms, GreenIQ hereby grants you the
non-exclusive, non-transferable, non-sublicensable fully revocable and limited right to access
and use the Site for your own purposes. Subject to your agreement and compliance with these
Terms and ownership of a genuine GreenIQ Garden Computer, GreenIQ hereby grants you, a
worldwide, non-exclusive, non-transferable, non-sublicensable, fully revocable and limited
right to access and use the Service during the Term (defined below) for your personal and
internal business purposes only.
You may not use the Site or the Services as a service bureau or to assist third parties. You
must be 18 years of age or older or have the permission of your parent or guardian to use the
Site or the Services. You may not use the Site or the Services if your access to or use thereof
violates any applicable law or regulation. You may purchase the Garden Computer for your
personal or internal use only, and not for resale or export of any kind. Purchase of the Garden
Computer may be subject to any applicable export laws.

Account

You must create a GreenIQ account in order to activate the Garden Computer, use the Service
or obtain automatic updates for any software embedded in your Garden Computer.. You agree
that you will supply accurate and complete information to us in the creation of your account
and the use of the Site and Services, and that you will update such information promptly after
it changes. You shall have all responsibility for any inaccuracies in any information you
provide to us, or in respect of your failure to keep such information up-to-date. GreenIQ
reserves the right to refuse to allow a user to open an account for any reason, or to limit the
number of accounts a user can establish on the Site, all at GreenIQ’s sole discretion.

You shall not share your account or login information with any third party, nor let any third
party access your account, and are responsible for maintaining the confidentiality of the login
information for your account. You are solely responsible for all uses of your account and your
login information, whether by you or any third party. In the event you become aware of or
reasonably suspect any breach of security of your account or any unauthorized use or
disclosure of your login information, you must notify us immediately via e-mail
to info@greeniq.com.
GreenIQ will not be liable for any losses or damage arising from unauthorized use of your
account or password, and you agree to indemnify and hold GreenIQ harmless for any
improper or illegal use of your account, including any mail sent and any charges and taxes
incurred, unless you have notified us that your account has been compromised, and have
requested us to block access to it. This includes illegal or improper use by someone to whom
you have given permission to use your account. We do not police for, and cannot guarantee
that we will learn of or prevent, any inappropriate use of the Site.

Termination of Account

If we believe, in our sole discretion, that a violation of these Terms or any illegal or
inappropriate behavior has occurred, we may take any other corrective action we deem
appropriate. We reserve the right to investigate suspected violations of these Terms or illegal
and inappropriate behavior on the Site. We will fully cooperate with any law enforcement
authorities or court order requesting or directing us to disclose the identity of anyone believed
to have violated these Terms or to have engaged in illegal behavior on the Site or through the
Services.
GreenIQ may suspend or terminate the Service (as defined below) and/or your account at any
time upon written notice to you in the event that you breach these Terms and, to the extent
that the breach can be cured, you do not cure that breach within fourteen (14) days of said
notice. You may request termination of your GreenIQ account at any time and for any reason
by sending an email to info@greeniq.com. Any suspension, termination, or cancellation shall
not affect your obligations to GreenIQ under these Terms (including but not limited to
ownership, indemnification, any representations and warranties made by you, and limitation
of liability), which by their sense and context are intended to survive such suspension,
termination, or cancellation or any obligations to GreenIQ under the terms and conditions set
out herein for the sale of Garden Computers.
Upon termination of your account and/or the Service, you will lose all access to the Service
and to any Data (as defined below) that we may be storing in connection thereto on your
behalf. It is your responsibility to keep records of your Data. Notwithstanding the foregoing,
for a period of forty-five (45) days from the effective date of termination of these Terms we
will provide you, upon your written request, with a reasonable opportunity to download your
Data at a time designated by us. We reserve the right to permanently delete from our (or our
third party service provider’s) servers any Data that may be contained in your account at any
time following the said forty-five (45) day period. We do not accept any liability for any
deactivation of the Service or Data that is deleted in connection thereto.

Garden Computers

Subject to the terms of this warranty, GreenIQ warrants the Garden Computer and
accompanying Software (as defined below) against any material defects in workmanship that
interfere with the normal operation of the Garden Computer when used in accordance with
GreenIQ’s user guide provided to you at purchase for a period of one year from the date of
original retail purchase (the “Warranty Period”).
The warranty shall not apply in the event that the Garden Computer (including any Software),
is (a) used other than in accordance with the Terms of Service, or the GreenIQ user guide or
other guidelines provided by GreenIQ or otherwise misused (b) modified, repaired or serviced
by any person or entity other than GreenIQ; for the avoidance of doubt, the modification of
any software embedded in the Garden Computer shall result in the immediate voiding of the
warranty; (c) combined with or installed on/with operating systems, hardware or other nonGreenIQ
equipment; (e) installed not in accordance with documentation or instructions of
GreenIQ; or (f) damaged by causes beyond the reasonable control of GreenIQ, such as a fire,
flood or earthquake.
The warranty does not apply to cosmetic damage or defects caused by normal wear and tear.
The warranty extends only to you and does not extend to any other individual or entity. The
warranty shall be voided if any serial number shall be removed or defaced.
If you have any questions regarding the warranty, please contact us at info@greeniq.com. If you
submit a valid claim during the Warranty Period, we may at our discretion repair the Garden
Computer, replace it with a functionally equivalent device or refund your money.
These Terms set forth the entire agreement applicable to the purchase and sale of Garden
Computers, and no other terms shall be applicable. No reseller, representative, agent or
employee of GreenIQ is authorized to make any modification, extension or addition to these
Terms or the warranty herein.
At present, payment for the Garden Computer is by means of PayPal or by credit card. The
Garden Computer may be purchased at present by contacting GreenIQ or on our Site.
GreenIQ reserves the right to add or change payment and purchase methods in its sole
discretion. You must respect the terms and conditions of any payment methods you use. We
reserve the right to cancel any order for Garden Computers if full payment is not timely
received. You are solely responsible for any taxes on amounts you may pay or obtain through
the Site. GreenIQ will deduct applicable charges and taxes from any payable amounts, as
required by law.
Shipping and delivery dates are estimates only. Shipping, handling and tax are additional
unless otherwise expressly indicated at the time of sale. GreenIQ will allow for returns and
refunds within fourteen days, in accordance with our return policy and as required by
applicable law. Returns will only be allowed for Garden Computers that have not been used.
If you have received a damaged Garden Computer, you may not use it before returning it to
us. You must provide us with evidence of payment in order to receive a refund. In order to be
provided with a refund, you must ship the Garden Computer to us, at your cost. A refund of
the amounts paid for the Garden Computer, minus shipping and handling costs, will be made
within thirty (30) business days. We will not deduct such shipping and handling costs if the
Garden Computer was provided to you in a damaged state.

Software (as defined below) provided with the Garden Computer is not sold, but is only
licensed to you pursuant to the terms and conditions in these Terms.

Description of the Service.

The Service is provided to you at present for free. GreenIQ reserves the right to begin or cease
to charge for your use or access of any part of the Site or Service, or increase or decrease any
amounts we charge for the use or access of the Site or Services, at any time in our sole
discretion, upon reasonable notification. The Service, as further described on our Site, allows
you to program the Garden Computer that you purchase from us via the Internet. The Service
at present includes a web-application (the “Webapp“) and a cloud-based service for
communicating between the Webapp and the Garden Computer. The Service is made
available to you through the Webapp and includes (i) the Webapp; (ii) any software that is
made available to you by GreenIQ and accessed by you in connection with the Service; (iii)
the products, services, and features made available or provided to you by GreenIQ at its
discretion in connection with the Service; and (iv) the content, text, documents, descriptions,
products, graphics, photos, sounds, videos, interactive features, trademarks, service marks and
logos, contained in or made available through the Service. The Service utilizes weather data
and astronomical data that are provided to GreenIQ by third parties in order to provide you
with customized services.

Your Responsibilities

In order to obtain the Service you need to purchase and use a genuine GreenIQ Garden
Computer. It is your responsibility to ensure that all the technological requirements for the
proper operation of the Garden Computer are met, including, without limitation, power
supplies, proper Wi-Fi connection and reception, an adequate router with DHCP support and
internet access.
You must not, and shall not allow any other party to: (i) circumvent, disable or otherwise
interfere with security-related features of the Site, Garden Computer and/or Service or
features that prevent or restrict use or copying of any content or that enforce limitations on
use of the Site, Garden Computer and/or Service; (ii) allow any third party to use the Garden
Computer and/or Service; (iii) use the Site and/or Service to process data on behalf of any
third party; (iv) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market,
transfer or distribute any portion of the Service to any third party, including, but not limited to
your affiliates, or use the Service in any service bureau arrangement; (v) reverse engineer,
decompile or disassemble the Garden Computer and/or Service or any components thereof,
except to the extent such acts are required by applicable law (in which case, you shall inform
GreenIQ in writing in each instance prior to engaging in the activities set forth above); (vi)
disclose or publish the results of any benchmark tests run on the Garden Computer and/or
Service; (vii) use any robot, spider, scraper, site search or retrieval application or other
automated means to access the Site and/or Service for any purpose; (viii) harvest, collect or
mine information about other users of the Site, Garden Computer and/or Services; (ix) create
a database by systematically downloading and storing all or any of the content on the Site. (x)
take any action that imposes or may impose (at GreenIQ’s sole discretion) an unreasonable or
disproportionately large load on the GreenIQ infrastructure; (xi) interfere or attempt to
interfere with the integrity or proper working of the Site and/or Service, or any related

activities; (xii) modify, translate, patch, alter, change or create any derivative works of the
Site, Garden Computer and/or Service, or any part thereof; (xiii) and/or use the Site, Garden
Computer and/or Service in any unlawful, fraudulent, or unauthorized manner, in breach of
these Terms or in a manner that does not comply with all applicable laws, rules, or
regulations, including obtaining all necessary permits, licenses, registrations, etc. (in the case
of any proposed or actual transaction, “applicable” refers to both your own location and to
location(s) of all other parties to the transaction); or would cause GreenIQ to be in violation of
any law or regulation, or to infringe any right of any third party

Intellectual Property

GreenIQ and its licensors own the Site, Services and all content available through the Site,
including all worldwide intellectual property rights therein, and the trademarks, service
marks, and logos contained therein. GreenIQ and its licensors retain sole and exclusive
ownership of all intellectual property rights and know-how embodied within and related to the
Garden Computers, all accompanying documentation and the Services. You may not copy,
further develop, reproduce, republish, modify, alter, download, post, broadcast, transmit or
otherwise use any material made available in the Site or Services. You will not remove, alter
or conceal any copyright, trademark, service mark or other proprietary rights notices
incorporated in the Site. All trademarks are trademarks or registered trademarks of their
respective owners. Nothing in these Terms grants you any right to use any trademark, service
mark, logo, or trade name of GreenIQ or any third party.
When you purchase a Garden Computer, GreenIQ provides you with a non-exclusive, nontransferable,
non-sublicensable, personal license to access and use any software included in
the Garden Computers, or which GreenIQ may otherwise make available to you, including by
updates, corrections, modifications, enhancements and improvements or Internet downloads
(the “Software”), solely in executable form, solely as installed on the Garden Computer by
GreenIQ or its agents, and solely as necessary for you to use the Garden Computers in
compliance with these Terms. You shall not, and shall not allow any third party, to (a)
decipher, disassemble, reverse engineer, attempt to find the underlying code of, or decompile
any part of the Software; (b) modify or create derivative works of any part of the Software; (c)
remove or obscure any logos, proprietary markings or notices on the Software, or (d)
distribute, sublicense or transfer the Software to any third party or allow any third party to
examine the Software without the prior written consent of GreenIQ. To the extent any of the
restrictions set forth in this Section are not enforceable under applicable law, you shall inform
GreenIQ in writing in each instance prior to engaging in the activities set forth above.
GreenIQ shall retain all ownership of the Software and all related patent rights, copyrights,
trade secrets, trademarks, service marks, related goodwill, and GreenIQ’s intellectual
property, and any rights therein not explicitly granted to you hereunder, are reserved to and
shall remain solely and exclusively proprietary to GreenIQ (or its third party licensors).
When you use the GreenIQ Service, you create data (“Data”) that is related to programming
your Garden Computer. You hereby provide GreenIQ a limited non-exclusive, nontransferable
license to use, upload, display, copy, manipulate and store Data solely in
connection with providing the Service to you. As between you and GreenIQ, you retain
exclusive ownership of the Data. You acknowledge and agree that you remain solely
responsible and liable for the Data.

GreenIQ may allow you to participate in forums and to post reviews. We refer to all of the
foregoing as “User Content”.
GreenIQ has no obligation to accept, display, review or maintain any User Content.
Moreover, GreenIQ reserves the right to edit, delete, distort or move user Content from the
Site and/or Services without notice for any reason at any time. Any posted or submitted User
Content shall not be considered confidential and may be disseminated by GreenIQ without
any compensation to you. User Content that you submit or post may be available to the
public, and you should have no expectation of privacy in the same. GREENIQ DOES NOT
ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE
EXPRESSED BY ANY USER AND GREENIQ EXPRESSLY DISCLAIMS ANY AND
ALL LIABILITY IN CONNECTION WITH CONTENT.
You are fully and solely responsible for any User Content you submit or post. You agree that
you will not act in any way or transmit or post any User Content that: (a) restricts or inhibits
use of the Site and/or Services; (b) solicits another person’s password or other personal
information under false pretenses; (c) impersonates another user or otherwise misrepresents
yourself in any manner; (d) infringes (or results in the infringement of) the intellectual
property, moral, publicity, or privacy rights of any third party; (e) is (or you reasonably
believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in
furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent
activity, or that involves (or you reasonably believe or should reasonably believe to involve)
any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not
comply with all applicable laws, rules, or regulations, including obtaining all necessary
permits, licenses, registrations, etc. (in the case of any proposed or actual transaction,
“applicable” refers to both your own location and to location(s) of all other parties to the
transaction); or would cause GreenIQ to be in violation of any law or regulation, or to infringe
any right of any third party; (g) contains falsehoods or misrepresentations that may damage
GreenIQ or any third party; (h) imposes an unreasonably or disproportionately large load on
our infrastructure; or (i) posts, stores, transmits, offers, or solicits anything that contains the
following, or that you know contains links to the following or to locations that in turn contain
links to the following: (i) material that we determine to be offensive (including material
promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally
dedicated to such causes or items associated with such an entity), (ii) material that is racially
or ethnically insensitive, material that is defamatory, harassing or threatening, (iii)
pornography (including any obscene material, and anything depicting children in sexually
suggestive situations whether or not depicting actual children) or may be harmful to a minor,
(iv) any virus, worm, Trojan horse, or other harmful or disruptive component or (v) anything
that encourages conduct that would be considered a criminal offense, give rise to civil
liability, violate any law or regulation or is otherwise inappropriate.
GreenIQ may choose at its sole discretion monitor User Content for inappropriate or illegal
behavior, including through automatic means; provided, however, that GreenIQ reserves the
right to treat User Content as content stored at the direction of users for which GreenIQ will
not exercise editorial control except when violations are directly brought to GreenIQ’s
attention.
GreenIQ does not request your feedback concerning the Site, the Garden Computers and/or
the Services. Nonetheless, if you provide GreenIQ with any feedback (including through any
contact information available on the Site) concerning the Site, the Garden Computers and/or

the Services or by submitting or posting any User Content, you also grant GreenIQ and its
successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable
license to use, copy, distribute, transmit, modify, prepare derivative works of such feedback,
in any media format and through any media channels, including incorporating such feedback
and/or User Content in the Site, Garden Computers and/or the Services or any documentation
or user manuals prepared by GreenIQ and including without limitation, for commercially
promoting the Site, Services and/or the Garden Computer.

Content Linked to by GreenIQ

Portions of the Site (including, without limitation, advertisements) may involve linking to or
using web sites belonging to third parties. The Site may also provide you with links to access
the sites of third party retailers. Additionally, payments made by means of PayPal are subject
to the terms of service of PayPal. We have no control over third-party sites, and all use of
third-party sites is at your own risk. Additionally, GreenIQ cannot accept responsibility for
any payments processed or submitted through such third party sites, or for the privacy policies
of any such sites. GreenIQ is not responsible for content or services available by means of
such sites. GreenIQ does not endorse any products or services offered by third parties and we
urge our users to exercise caution in using third-party sites.

Disclaimers & Disclaimer of Warranty

Your use of the Site, Garden Computer and/or Services is at your sole discretion and risk.
Provision of Services is dependent upon the receipt of information from a variety of thirdparty
sources, including with respect to weather data and astronomical data and cannot
guarantee the accuracy of such information. The Site and Services are provided on an AS IS
and AS AVAILABLE basis without warranties of any kind from GreenIQ. Warranty for the
Garden Computer is only as described in these Terms. GREENIQ EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR
STATUTORY, RELATING TO THE SITE, GARDEN COMPUTER, AND/OR SERVICES,
INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT
OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE
OF PERFORMANCE. GREENIQ DISCLAIMS ANY WARRANTIES, EXPRESS OR
IMPLIED,: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY,
TIMELINESS AND PERFORMANCE OF THE SITE, GARDEN COMPUTER, CONTENT
AND SERVICES; OR (II) THAT THE SITE, GARDEN COMPUTER AND/OR SERVICES
WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III)
REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY,
COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE
SITE AND SERVICES.

Limitation of Liability

GreenIQ is not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer equipment, or
software due to technical problems or traffic congestion on the internet or on the Services
and/or Site, including any injury or damage to users or to any person’s computer or mobile
device related to or resulting in connection with the use of the Site, Garden Computer and/or

Services. Under no circumstances shall GreenIQ be responsible for any loss or damage,
including damage to your garden and/or property and including personal injury or death,
resulting from use of the Garden Computer, Site or Services. Your use of the Garden
Computer, Site and/or Services is at your own risk.
IN NO EVENT SHALL GREENIQ OR ANY OF ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES
WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING
OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE GARDEN
COMPUTER, AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THE
QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART
OF OR THROUGH THE SITE, GARDEN COMPUTER, GARDEN COMPUTER
DOCUMENTATION OR THE SERVICES, WHETHER THE DAMAGES ARE
FORESEEABLE AND WHETHER OR NOT GREENIQ HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION. GREENIQ MAKES THE SITE, GARDEN COMPUTER
AND THE SERVICES AVAILABLE SOLELY PURSUANT THIS LIMITATION OF
LIABILITY.

Indemnification

You agree to indemnify, defend, and hold harmless GreenIQ and its employees, directors,
officers, subcontractors and agents, against any and all claims, damages, or costs or expenses
(including reasonable attorneys’ fees and court expenses) that arise directly or indirectly from:
(a) breach of these Terms by you or anyone using your computer or password; (b) any claim,
loss or damage experienced from your use or attempted use of (or inability to use) the Site,
Garden Computer or Services, including any transactions that you conduct or attempt; (c)
your violation of any law or regulation; (d) your infringement of any right of any third party;
and (e) any other matter for which you are responsible hereunder or under law.

Miscellaneous

These Terms shall be governed by the law of the State of Israel, exclusive of its choice of law
rules, and without regard to the United Nations Convention on the International Sales of
Goods. Your conduct may also be subject to other local, state, and national laws. Any action
to be brought in connection with these Terms or the Site shall be brought exclusively in the
competent courts in the city of Tel-Aviv/Jaffa, and you irrevocably consent to their
jurisdiction. In any action to enforce these Terms, the prevailing party will be entitled to costs
and attorneys’ fees. Any cause of action against GreenIQ must be brought within one (1) year
of the date such cause of action arose. In the event that any provision of these Terms is held to
be unenforceable, such provision shall be replaced with an enforceable provision which most
closely achieves the effect of the original provision, and the remaining terms of these
Terms shall remain in full force and effect. Nothing in these Terms creates any agency,
employment, joint venture, or partnership relationship between you and GreenIQ or enables
you to act on behalf of GreenIQ. We may at any time, without prior notice assign any and all
of our rights under these Terms to any other entity. We may elect to keep archives of all or
parts of the Site, but we cannot guarantee that anything available on the Site, or any records or
information relating to the Site, will be archived, or that any archives will be preserved or
made publicly available. We may delete any such information without notice, at our sole
discretion.
These Terms constitute the entire agreement between GreenIQ and you pertaining to the
subject matter hereof. Nothing contained in these terms shall be construed to limit the actions
or remedies available to GreenIQ with respect to any prohibited activity or conduct. Nonenforcement
of any term of these Terms does not constitute consent or waiver, and GreenIQ
reserves the right to enforce such term at our sole discretion. No waiver of any breach or
default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or
default. These Terms are for the benefit of GreenIQ (and respective assignees), all of which
shall have the right to assert and enforce its provisions against you directly on its own behalf.

Last updated: January 2015