Conditions of Use
If you live in the United Kingdom, Bayer AG will provide the Services of MagicScout to you in accordance with these Terms of Use and the Privacy Policy.
Access to and the use of this mobile application (hereinafter referred to as “app”) are subject to the following conditions (“Conditions of Use”). Please do not use this app if you do not agree with these conditions.
When the app is downloaded from the Google Play Store or Apple App Store, the conditions of the Google Play Store or Apple App Store additionally apply and must be observed by you.
This app has been developed by Bayer AG (hereinafter referred to as “BAYER”) and is administered by the same. BAYER reserves the right to discontinue operation of this app, or to make partial or complete modifications to it and to these Conditions of Use. Please note that we may make such changes at our own discretion and without prior announcement. We therefore ask you, next time you use the app, to read through the Conditions of Use again and to note any changes or amendments that may have been made.
The app and its content are the sole property of BAYER and are protected by copyright. Any permission to use the same is granted on the proviso that the content provided by BAYER is used exclusively for the user's personal purposes. Any other use beyond this, such as of a commercial nature, is prohibited and requires prior written consent by BAYER. In particular, the content may not be modified, copied, transmitted, distributed or stored without the consent of BAYER.
All trademarks in this app are the property of BAYER or the Bayer Group and/or were licensed to BAYER unless otherwise noted or in any other way perceivable as third party rights.
Any unauthorized use of the trademarks and materials and information protected by copyright or by other means constitutes a violation of trademark rights, copyright, or other industrial property rights.
The app helps determine various problems in the field using image recognition. Depending on the region and the application, these may be weeds, diseases or pest traps (e.g. yellow traps or glue traps). Based on the image and metadata (which also includes GPS data) transmitted by users, the app offers a decision support tool. To this end, the app provides certain probabilities for each image on the type and/or number of the species, but cannot make a conclusive assessment. You remain solely responsible for making this decision and others that depend on it remains.
Please note the following restrictions to which the decision guidance generated by the app is subject:
The decision guidance is generated by highly complex algorithms. However, an algorithm is of course unable to map every special feature of the individual case. In other words, the app merely offers the best possible approximation to tailored decision guidance.
The algorithms are constantly trained using new and updated data which forms the basis for the decision guidance. BAYER compiles this data with professional care to the best of its knowledge, but cannot guarantee the correctness, completeness and timeliness of the data. Errors in a data record may lead to unreliable decision guidance.
BAYER therefore accepts no guarantee or other liability, either expressly or tacitly, for the correctness, completeness and timeliness of the information and decision guidance contained in this app.
We therefore recommend that you check all the information you obtain from this app prior to using it in whatever form. Should you require any recommendations or information on this app, please contact us directly at datadrivenfarming@bayer.com.
You as a user of this app declare that you agree to access the app and its content at your own risk.
Neither BAYER nor third parties involved in the writing, production or transmission of this app can be held liable for damage or injury resulting from access or the impossibility of access, or from the use or impossibility of use, of this app or from the fact that you have relied on information given in this app.
BAYER gives no guarantee that you can achieve the desired results through using the app.
The app may also contain links or references to third-party websites. These links to third-party websites do not constitute approval of their contents by BAYER. Neither does BAYER accept any responsibility for the availability or the contents of such websites, or any liability for damage or injury resulting from the use of such contents, of whatever form. BAYER offers no guarantee that information on such pages is of consistent quality. Links to websites are provided to app users merely for the sake of convenience. BAYER offers no guarantee that the pages linked to provide information of a consistent quality. Users access such websites at their own risk. The choice of links should in no way restrict users to the information on the linked websites.
You are fully responsible for all images and other information that you or third parties, to whom you have given access to the app, send to BAYER, especially for the non-violation of any third-party rights. We therefore ask you to only submit photos from or of areas that you lawfully own, or for which you have obtained explicit authorization to access and photograph.
You are obligated to release BAYER from all claims made against BAYER by third parties due to a violation of their rights through content posted by you or third parties, to whom you have granted access to the app. You shall also bear the costs of any required legal defense of BAYER, including all court costs and legal fees according to the statutory rate.
You hereby acknowledge and agree that BAYER may use the information that you or third parties, to whom you have given access to the app, make available in the app, or which is generated by the app, such as image files, where and when the images were taken, usage statistics and other data related to the creation of images and information as well as use of the app (“licensed data”) after anonymization for any business purpose of the Bayer Group, such as the development, production, improvement and/or marketing of products or services, and may reproduce this licensed data and make it available to third parties without restrictions (including, but not restricted to the purpose of continuous improvement of algorithms in the area of digital agriculture). For this purpose, you will grant BAYER an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable license to use the licensed data.
This app is checked, operated and updated by BAYER at Langenfeld (Rheinland), Germany. It is intended solely for use in the supported countries (according to the app content). Should you call up this app and/or download content from a location outside Germany, please note that it is your own responsibility to ensure that you do so in compliance with local legislation applicable in that place.
Bayer Crop Science K.K is responsible for business in Japan. Customers in Japan are requested to contact this entity.
Any legal claims or lawsuits in conjunction with this app or its use are subject to the interpretation of the laws of the Federal Republic of Germany, to the exclusion of the provisions of international private law and the Hague Convention relating to the Uniform Law on the International Sale of Goods of July 1, 1964 and in the United Nations Convention on the International Sale of Goods dated April 11, 1980.
Date of most recent update: 03.2021