KUBOTA WORKSMART AUTOSTEER TERMS OF USE
Last Updated Date: 20 July 2026
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Last Updated Date: 20 July 2026
These Terms of Use (these "Terms") are between Kubota North America and its affiliates, parent company, successors, and assigns (collectively, "Kubota") and the owner or operator (collectively, the "Customer", "you", or "your") of the Kubota equipment or machinery ("equipment") utilizing Kubota WorkSmart Autosteer, (“WorkSmart Autosteer”, or “Services”). If the Customer is located in Canada, these Terms shall be between Kubota Canada Ltd. and the Customer. Certain provisions of these Terms apply exclusively to Customers located in Canada. These Canada-specific terms are consolidated in the CANADA SPECIFIC TERMS section herein. Customer represents and warrants that Customer will distribute these Terms to its employees, agents, contractors, and any other individuals whom Customer intends to operate or utilize the Equipment and WorkSmart Autosteer (each, an "Agent" and collectively, "Agents").
To the extent permitted by law, Customer agrees to defend, indemnify, and hold Kubota harmless from for any damage, loss, or claim experienced by any party arising out of, in connection with, or relating to Customer (or any Agent's) use of WorkSmart Autosteer or Customer's failure to provide or distribute these Terms as set out above.
These Terms set forth the legally binding terms governing your access to and use of WorkSmart Autosteer and associated application (the "App"). BY ACCESSING OR USING THE WorkSmart Autosteer AND ASSOCIATED APP (COLLECTIVELY, THE "SERVICES") OR BY CLICKING ON ANY "ACCEPT", "AGREE", OR SIMILARLY WORDED CHECKBOX OR BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS, THAT SUCH ACTION IS THE EQUIVALENT OF A SIGNATURE AND THAT YOU ACCEPT AND AGREE TO FOLLOW ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE SERVICES.
Please also note that certain parts of the App, Equipment, or Technology may link to other apps, equipment, technology, and/or services that we provide and are subject to separate terms. Please ensure that you review all applicable terms prior to using any application, equipment, technology, or service.
DO NOT USE THE APP WHILE OPERATING ANY EQUIPMENT OR MACHINERY ON PUBLIC OR PRIVATE ROADS. USING OR ACCESSING THE APP WHILE DRIVING MAY DISTRACT THE DRIVER AND CAUSE LOSS OF EQUIPMENT OR MACHINERY CONTROL RESULTING IN AN ACCIDENT, SERIOUS INJURY, OR DEATH. You should read your Owner's Manual because it contains more detailed information to help you better understand the important safety warnings, features, operation and maintenance of your Equipment and WorkSmart Autosteer.
Limited License to Customer: Subject to your compliance with these Terms and payment of all applicable fees, Kubota grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license (without the right to sublicense) to use the Services for your personal or business purposes, as applicable, and not for resale or other distribution. All rights not expressly granted to you herein are reserved by Kubota and its suppliers and licensors.
Third Party Software/Services: The Services may include third-party software or services ("Third-Party Software/Services") furnished by one or more third parties ("Third-Party Suppliers"). You hereby acknowledge and agree that any Third-Party Software/Services that may be bundled with the Services (e.g., maps) is/are being provided to you by Third-party suppliers and not by Kubota. You hereby acknowledge and agree that your access or use of any such Software/Services is governed by such Third-Party Suppliers' terms of use, end user license agreement or other like agreement, and in absence of such terms or agreement, by these Terms. KUBOTA EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY THIRD-PARTY SOFTWARE OR SERVICES OR YOUR USE (OR ANY AUTHORIZED USER'S USE) THEREOF.
License Restrictions - No Misuse of Services: Your use of the Services is limited to those uses expressly permitted under these Terms. As a condition of your use of the Services you agree that you will not use it for any purpose that is unlawful or prohibited by these Terms. We may restrict or cancel the Services at our sole discretion, except to the extent prohibited by applicable law, if there is a reasonable suspicion of, or any actual misuse or fraudulent use by you or your Authorized Users. You will be responsible for any costs incurred by us or any other party (including attorney's fees) as a result of such misuse or fraudulent use. You may not: (i) reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from the Services, or any Third Party Software/Services; (ii) merge any Services-related software or Third Party Software/Services with other software; (iii) reverse engineer, de-compile, disassemble, or otherwise attempt to derive the source code for any Services-related software, technology, or App, including any Third Party Software/Services; (iv) otherwise use or copy the Services or associated software or Third Party Software/Services except as expressly allowed under the Terms, including this Section 1; (v) use the Services or associated software or Third Party Software/Services in a "service bureau" or similar structure whereby third parties obtain use of the Service or Third Party Software/Services through you; (vi) remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with the Services, associated software, and/or the App; (vii) damage, disable, overburden, interfere with, disrupt or impair the Services, or servers or networks connected to them, in any manner; (viii) interfere with any other party's access, use or enjoyment of the Services in any manner; (ix) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, laws and regulations related to export; or (x) impersonate any person or entity or misrepresent your affiliation with a person or entity.
Limitations on Use: Transmission of information using the Services may be subject to legal requirements that may vary from location to location, including radiofrequency use authorization. You must limit use of any Services to those locations where all legal requirements for the use of the Services and the communication network have been satisfied. In the event that the Services are used at a location where (i) legal requirements are not satisfied or (ii) transmitting or processing of such information across multiple locations would not be legal, Kubota disclaims any and all liability related to such failure to comply and Kubota may discontinue the transmission of information from those Services. You also understand and acknowledge that the Services are not intended to be used for any emergency, safety or mission critical related use or application or other ultra-hazardous activities and you shall not use the Services in such manner. Nothing in this section shall be interpreted as excluding or limiting any liability where such exclusion or limitation is prohibited by applicable law or as relieving Kubota of its legal obligations under such law.
Certain features of WorkSmart AutoSteer may permit access to, or interoperability with, third-party satellite correction and positioning signal services provided by independent third-party providers (collectively, the “Third-Party Signal Services”). Customer acknowledges and agrees that the Third-Party Signal Services are not provided by Kubota and are offered solely as an optional convenience to the Customer.
Customer access to and use of the Third-Party Signal Services are governed exclusively by the applicable terms and conditions, policies, and related agreements of the relevant third-party provider(s), as accepted by Customer at the time of purchase, activation, registration, or use of such Third-Party Signal Services (collectively, the “Third-Party Terms”).
Kubota does not control, operate, maintain, modify, or support the Third-Party Signal Services and disclaims any and all responsibility for the content, availability, performance, accuracy, continuity, or security of the Third-Party Signal Services, as well as for such third-party's compliance with the Third-Party Terms or applicable law. Kubota makes no representations or warranties of any kind, whether express, implied, statutory, arising from course of dealing, or otherwise, with respect to the Third-Party Signal Services, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, or that the Third-Party Signal Services will be error-free or virus-free.
Customer acknowledges and agrees that the applicable third-party provider bears sole responsibility for the provision of the Third-Party Signal Services and for any claims, liabilities, losses, damages, or obligations arising out of or relating to the Third-Party Signal Services or the Third-Party Terms. Kubota shall have no liability whatsoever arising from or relating to the Third-Party Signal Services, including, without limitation, any interruption, degradation, modification, suspension, or termination thereof.
Authorized Users (applicable to corporate users only): You agree that the Services will be accessed and used only by you and those personnel of yours whom you authorize to access and use the Services ("Authorized User"). You are responsible to assure that the access credentials, if any, of one Authorized User are used only by that Authorized User and no other person. You are solely responsible for the use of the Services, even if you are not the one using it, and even if you later claim the use was not authorized. You are also solely responsible for any of the Services requested by you, or by anyone using your Equipment and Services.
Site Access and Password Security: You are responsible for maintaining, and you shall cause all Authorized Users to maintain, the confidentiality of usernames and passwords to access the Services, and are fully responsible for all activities that occur on the Services under your designated Authorized Users' usernames and passwords. We may require you to change your designated Authorized Users' usernames in the event we determine, in our sole discretion, that any username is offensive or for any other reason. You agree to immediately notify Kubota of any unauthorized use of any Authorized User's username, password, or any other breach of security, and to ensure that Authorized Users logout at the end of each session. You are responsible for disabling the accounts of any Authorized User no longer employed by you. You acknowledge that Kubota is not responsible for tracking your Authorized Users' use of the Services, and except as prohibited by applicable law, Kubota shall not be liable for any loss or damage arising from your failure to comply with this Section. Notwithstanding anything herein, we may, in our sole discretion, suspend or temporarily block access to the Services if we have reasonable cause to believe that your Equipment or the Services are being accessed by an unauthorized person or entity or for purpose not expressly authorized by these Terms.
Carrier Charges for Data Usage: The Services may make use of a data network operated by your wireless service provider to send both data and recorded audio from WorkSmart Autosteer to our servers and call centers, and to send information back to you. Depending on your data plan, you may incur charges from your wireless provider for users of their network and/or for specific services such as downloading data, videos, and/or other content, making phone calls, sending or receiving text messages, and/or emails and other services. You are solely responsible for any and all costs you incur as a result of your usage of the Services.
Third Party Communications Systems: Some features of the Services may require use of third-party communications systems, such as Internet access and/or wireless or satellite-based communication systems (each, a "Communications Service"). UNLESS THE COMMUNICATION SERVICE IS EXPLICITLY MADE PART OF A SERVICE PLAN, CUSTOMER SHALL PURCHASE THESE COMMUNICATION SERVICES SEPARATELY AS ITS OWN RESPONSIBILITY. KUBOTA HAS NO RESPONSIBILITY FOR THE AVAILABILITY, QUALITY OR PERFORMANCE OF ANY COMMUNICATIONS SERVICE NOT FURNISHED BY KUBOTA, EXCEPT TO THE EXTENT THAT SUCH COMMUNICATIONS SERVICE IS ESSENTIAL TO THE PERFORMANCE OF THE SERVICES AS REPRESENTED BY KUBOTA OR REQUIRED BY LAW.
GNSS: You acknowledge that the Services and network access may be subject to transmission limitations caused by a variety of factors such as atmospheric conditions, topographical obstructions, limitations or lack of coverage of the underlying carrier service and other natural or manmade conditions. To the extent that WorkSmart Autosteer or other hardware units receive signals from Global Navigation Satellite System ("GNSS") you further acknowledge that Kubota is not responsible for the operation or failure of operation of any GNSS satellites or the availability of GNSS satellite signals.
Equipment Compatibility and Installation: The App provides guidance and control of compatible Kubota Technology and Equipment. You may only use the App to operate WorkSmart Autosteer and Equipment that you own, lease, or have the right to use and only in a safe manner as permitted by the law in your jurisdiction. If you elect to install WorkSmart Autosteer yourself, or engage the dealership from which the Equipment was purchased to perform the installation, you are required to strictly adhere to the official installation guides directly provided as a part of your purchase or otherwise made publicly available at autosteer.kubotaworksmart.com/downloads. These guides contain essential instructions, safety protocols, and technical specifications. Improper installation may affect the performance of the Equipment or limit the applicability of warranties, to the extent permitted by law.
Use of the Services: Your use of the Services must comply with all applicable federal, state, provincial and local law, rules and regulations. You are prohibited from transmitting, providing or introducing any content into the Services that: (1) infringes any third party intellectual property, publicity or privacy rights; (2) violates any applicable law, rule, or regulation; (3) is defamatory, obscene, profane, false, threatening, pornographic, inappropriate, fraudulent, deceptive, or unprofessional; (4) creates a nuisance for our service providers, business, or other customers of the Services; (5) contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, secretly intercept, or expropriate any system, or any data or personal information from or through any software or hardware associated with the Services or any Equipment; (6) attempts to gain unauthorized access to any of our other users’ accounts; (7) attempts to gain unauthorized access to our computer networks; (8) violates these Terms; or (9) is otherwise tortious or criminal. We do not generally make editorial determinations about your transmissions or any content you may provide through the Services. However, we reserve the right to take any actions we deem necessary or appropriate to minimize any liability to us arising from your transmissions, any content you provide, your use of any Services, or to otherwise preserve our relationships with our service providers (including internet access providers) to the extent permitted by applicable law. We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or content or as otherwise stated in any additional applicable terms. Additionally, subject to any other additional terms governing the Services, we reserve the right, to the extent permitted by applicable law to change, modify, remove, or restrict access to or use of any features, capabilities, or components of any of the Services or to completely remove any of the Services in our sole discretion, at any time, and without notice or obligation to you. All information, specifications, photographs, and illustrations that are provided within any of the Services are those available at the time of release, and we reserve the right, to the extent permitted by applicable law, including the Quebec Consumer Protection Act to change materials, specifications, or design, at any time, and without notice or obligation to you.
Fees: Access to certain features, data, and technology services related to the Services is governed by Kubota's applicable Subscription Terms. Any features, data, and technology services requiring payment of fees will be clearly disclosed in the applicable Subscription Terms ("Subscription Terms") and in the product description at the time of purchase of any paid subscription or fee‑based feature. Kubota reserves the right to introduce new fees or modify existing fees for any portion of the Services at any time in accordance with the terms set forth in the Subscription Terms
Quick Reference Guides: The easy-to-use "Quick Reference Guide" features of the Apps are intended to help you more fully appreciate some of the unique features and functions of your new Technology. However, they are not intended to replace your "Operator's Manual". You should read your Operator's Manual because it contains more detailed information to help you better understand the important safety warnings, features, operation and maintenance of your Technology. Failure to follow the warnings, cautions, and instructions in the Operator's Manual for your Equipment and Technology can result in an accident, serious injury, or death. Subject to consumer protection laws, the Quick Reference Guide does not constitute an offer, representation, or warranty (express or implied) by Kubota. Interested parties should confirm the accuracy of any information in the Apps as it relates to Equipment or Technology directly with Kubota before relying on it to make a purchase decision.
Over-the-Air Software Updates: Equipment and technology may be equipped to perform over-the-air ("OTA") software updates to Equipment and Technology systems. While performing the installation of the update, the Equipment may not be able to be driven and WorkSmart Autosteer may not be able to be utilized.
IF YOU ARE A CONSUMER SUBJECT TO QUEBEC’S CONSUMER PROTECTION ACT, THE EXCLUSION OF WARRANTIES CONTAINED IN THIS SECTION DO NOT LIMIT YOUR RIGHTS AND REMEDIES UNDER SUCH ACT, INCLUDING THE RIGHT TO MAKE A CLAIM UNDER ANY OF THE STATUTORY WARRANTIES PROVIDED UNDER SECTIONS 34 TO 54 OF SUCH ACT.
Disclaimer of Warranties: KUBOTA, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SUPPLIERS, DEALERS, AFFILIATES, PARTNERS, SERVICE PROVIDERS, AND AGENTS (EACH A "KUBOTA PARTY" AND COLLECTIVELY THE "KUBOTA PARTIES") DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICES. USE OF ANY OF THE SERVICES IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL RELATED MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY AND CONDITIONS OF ANY KIND. WE HEREBY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, AND ALL RELATED MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PROVIDER PARTY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. WITHOUT LIMITATION, WE MAKE NO WARRANTY, CONDITION, OR GUARANTEE THAT THE USE OF ANY OF THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
NOTWITHSTANDING YOUR USE OF THE SERVICES, AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH IT (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF YOUR TECHNOLOGY AND EQUIPMENT, YOU REMAIN SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF SAID TECHNOLOGY AND EQUIPMENT. YOU AGREE THAT YOU ARE SOLELY LIABLE AND WILL NOT SEEK RESTITUTION FROM ANY KUBOTA PARTY FOR ANY DAMAGE OR LOSS RELATED TO OR ARISING OUT OF ANY ACTION TAKEN BY YOU, YOUR AUTHORIZED USERS, OR AFFILIATES OF YOU OR YOUR AUTHORIZED USERS BASED ON DATA OBTAINED FROM A DEVICE/EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, UTILIZING OR ACTIVATING ANY FEATURE ON YOUR ASSET, DEVICE OR EQUIPMENT THAT MAY IMPACT THE OPERABILITY, PERFORMANCE, AND FUNCTIONING OF YOUR EQUIPMENT.
YOU ARE RESPONSIBLE FOR ANY RISK OF LOSS FOR ANY ITEMS REQUIRED TO COMMUNICATE WITH OR THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, DUE TO EQUIPMENT FAILURE, THEFT, FIRE, COLLISION, TAMPERING, AND VANDALISM.
IF YOU ARE A CONSUMER SUBJECT TO QUEBEC’S CONSUMER PROTECTION ACT the following limitations of liability does not release Kubota from the consequences of from the consequences of his own acts or the acts of ITS representative.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS OR FAILURES IN THE TRANSMISSION OF DATA, ANY COMPUTER VIRUS, ACTS OR OMISSIONS OF THIRD PARTIES THAT DAMAGE THE NETWORK OR IMPAIR WIRELESS SERVICE, DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN ANY OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, IN CONNECTING A CALL TO ANY ENTITY, OR OTHER TECHNICAL DEFECT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE, MISUSE, RELIANCE OF OR INABILITY TO USE ANY OF THE SERVICES OR ANY MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ON OR AVAILABLE THROUGH THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE LESSER OF THE FEES PAID IN THE PRIOR ONE MONTH (1) MONTHS FOR THE APP THAT GAVE RISE TO LIABILITY OR TEN DOLLARS ($10.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE TERMS REGARDING LIMITS ON LIABILITY AND VOLUNTARY SUBMISSIONS SHALL SURVIVE THE TERMINATION OF THESE TERMS, AND SHALL REMAIN IN EFFECT INDEFINITELY.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY IMPOSE LIMITS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU.
Customer Indemnity and Hold Harmless: In consideration of our provision of the Services to you and the rights granted to you in these Terms, to the maximum extent allowable by law and unless prohibited by law, you agree to defend and indemnify Kubota, its parent, subsidiaries, affiliates, licensors, service providers, and contractors as well as their respective employees, officers, directors, and agents (collectively, "Indemnified Parties"; individually, each an "Indemnified Party") and hold Indemnified Parties harmless from and against any and all losses, damages, injuries (including death), causes of action, claims, penalties, interest, additional taxes, demands, and expenses, including reasonable legal fees and expenses, of any kind or nature arising out of, in connection with, on account of, or resulting from, any third party claim or demand made to or against any Indemnified Party or Indemnified Parties): (1) arising out of your access to or use of the Services including any of their features or other services; (2) arising out of your failure to comply with these Terms or your failure to provide or distribute these Terms as set out in the first paragraph of these Terms; (3) relating to the inaccuracy or untruthfulness of any representation or warranty that you made under these Terms; (4) arising out of any activities of anyone other than you in connection with the Services conducted through your account or Technology; (5) arising out of access to or use of, or inability to access or use, any of the Services; (6) arising out of any of your other activities under or in connection with these Terms or the Services; or (7) arising out of your negligence, fraud, or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you agree to and shall cooperate with our defense of such claim.
Intellectual Property Rights: You hereby agree and acknowledge that Kubota and its licensors (and as applicable, Third-Party Suppliers of any software you may license in connection with the Services) own all right, title and interest in and to all Intellectual Property Rights (defined below) in connection with or relating to the Services. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You will have no right, license, or interest therein, expressly or impliedly, except for any license expressly granted herein. Kubota or its licensors, as the case may be, will own all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to Intellectual Property Rights made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights. You will undertake any and all action necessary to vest such ownership in Kubota, including without limitation assigning (and you hereby assign) to Kubota all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to the Service. You cannot and shall not mirror, scrape, or deep link any content on another website or in any other media. If we or a third-party service provider make any software, application or other materials available for you to download, access, or other use in connection with or from the Services, or through the Apps and they include their own license terms, conditions, and notices, those software, applications, and other materials will be governed by their own terms, conditions, and notices. When you download, access, or use that separate content, you agree to those terms, conditions, and notices and you agree to be legally bound by them. All videos are our copyrighted material and may not be copied, edited, or reproduced without our permission.
You acknowledge that all trademarks, service marks, and logos (collectively, "Marks") that appear throughout the Services belong to Kubota or the respective owners of such Marks and are protected by Canadian, United States, and international trademark and copyright laws. Any use of any of those Marks without the express written consent of Kubota or the owner of the Mark, as applicable, is strictly prohibited. Kubota may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of Authorized Users who may be infringing the Intellectual Property Rights of others.
Please be advised that if you send or submit to Kubota creative ideas, suggestions, inventions, or materials ("Feedback"), Kubota shall: (i) own, exclusively, all now known or later discovered rights to the Feedback; (ii) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Confidentiality of Services and Content: The contents of the Services including, but not limited to, all materials, text, graphics, logos, images, illustrations, designs, icons, photographs, audio clips, video clips, digital downloads, data compilations, software, and other materials that are included on or accessed through the Services and their arrangement ("Content") are the property of Kubota or Kubota third-party partners.
You agree that the Contents of the Services and WorkSmart Autosteer constitute "Confidential Material" that must be held in utmost confidence. Confidential Material includes all proprietary material related to the operation and implementation of WorkSmart Autosteer and its constituent elements. You may not use Confidential Material to develop, sell, or market products or services utilizing any form of such Confidential Material or based on WorkSmart Autosteer. You will not disclose or permit others to disclose Confidential Material to any person or entity, except to your employees, contractors, or advisors who have a need to know such information for the purposes of using the Services or WorkSmart Autosteer, provided that they are bound by confidentiality obligations at least as strict as those set out herein. You may also disclose Confidential Material if and to the extent required by applicable law or a valid court order, provided that you give Kubota prompt written notice of such requirement (to the extent legally permissible) and cooperate with Kubota in seeking a protective order or other appropriate remedy.
The Contents of the Services are intended solely for your personal or professional use. You may not, under any circumstances, publish the Contents of the Services or Technology (or any part thereof) or present them in a public setting.
Notice of Privacy Practices: We recognize the paramount importance of protecting your privacy and the confidentiality of your personal information (“Personal Information”). To learn more about our privacy practices with respect to your Personal Information, including how we collect, use and disclose your Personal Information, please read our Privacy Policy located at www.KubotaUSA.com/privacy-policy (the "Privacy Statement"). The Privacy Statement is incorporated into and made a part of these Terms by this reference, and governs our use of your information and/or any information you submit or otherwise make available to us by accessing and using the Services.
Consent to Transmission and Use of Data: License and Aggregate Data; Compliance with Laws.
You agree to permit the Services to transfer data gathered and processed via WorkSmart Autosteer ("Data") to Kubota Parties. If you elect to do so, you may cause the Services to transfer Data to Authorized Users. IF YOU OR ANYONE USING YOUR EQUIPMENT DISABLES DATA TRANSMISSION FROM YOUR TECHNOLOGY, CERTAIN SERVICES MAY BE DISABLED. Certain information (feeds, definition files, etc.) may be synchronized or updated automatically from time to time via the Services.
To the extent that you have any ownership or other interests in the Data, you hereby grant to Kubota and its dealers, service providers, licensors, affiliates and their dealers, a non-exclusive, perpetual, worldwide, paid-up, and irrevocable license to use, process, manipulate and/or modify, copy, perform, compile and create derivative works from the Data, including using the Data for any business purpose. All other data and information that is collected, transmitted, recorded, or accessed by or through the Service that is not Data identifiable to you and/or your Authorized Users or it otherwise aggregated data, and all data, reports, derivative works, compilations, modifications and other materials created from or with use of Data will be, in each case, the sole and exclusive property of Kubota; and you, on your behalf and on behalf of your Authorized Users, hereby assign all of your and their right, title and interest, if any, in and to such items to Kubota without any fees and without rights to future royalties.
Termination: These Terms are effective unless and until terminated by either you or Kubota. You may terminate these Terms at any time by ceasing any and all use of the Services. You may not be able to access WorkSmart Autosteer features of your Equipment without the App.
Kubota may suspend the Services for network, system or other maintenance or improvement or for network congestion.
Kubota may cancel or terminate your account due to your violation of these Terms or any other valid agreement with Kubota, the Communications Service through which you are able to access and use the Services terminates your communications service, Kubota has reason to believe that you, your Authorized Users, any of your agents or any third parties are abusing the Services or using it fraudulently or unlawfully, in the event of your insolvency, bankruptcy (or similar action or proceeding), or your ceasing to do business in the ordinary course, or your failure to notify Kubota of the transfer, sale or disposition of the Equipment or Technology. Kubota will provide you with written notice when it cancels or terminates your account under this section.
Upon termination or suspension of your access to the Services, you will no longer have any right or license to access or use the Services and Kubota will have no further obligation to provide the Services.
Government Usage Rights: All materials, software and applications on or available through the Services are provided with "RESTRICTED RIGHTS". Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations.
The Services are not intended for children under the age of majority in your province or jurisdiction, and we do not knowingly collect personal information from children under the age of majority. If we learn we have collected or received personal information from a child under the age of majority without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of majority, please contact us at ktc_ex.worksmart_autosteer@kubota.com
Duty to Notify Kubota Upon Sale or Transfer of Your Equipment or Technology: You must notify us if you plan to sell or transfer your Equipment and Technology by contacting us at ktc_ex.worksmart_autosteer@kubota.com. This is important to help protect you, your account, and your information, and to avoid being charged for Services after your sale or transfer.
Digital Millennium Copyright Act Notice: If you believe that material available on the App infringes on your copyright(s), please notify us by providing a DMCA notice. Upon receipt of a valid and complete notice, we will investigate your claims and, if appropriate, remove the material from the App.
Please send your complaint to our designated agent:
Kubota North America
1000 Kubota Drive
Grapevine, Texas 76051
Attention: Legal Department
Your complaint must include the following:
International: The Service is administered by Kubota from its offices or those of its affiliates or licensors at various locations within in the United States of America and/or Canada. Kubota makes no representation that Services are appropriate or available for use in locations outside the United States or Canada and accessing them from territories where the Services are illegal is prohibited. You may not use or export or re-export the Services or its content or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access the Services from locations outside the United States or Canada, you do so on your own initiative and are responsible for compliance with applicable local laws.
Changes to Terms: We reserve the right to change these Terms at any time, which will be indicated by the "Last Updated Date" at the top of these Terms. In the event of a material change, we will inform you in advance of such changes becoming effective and you will be presented with the updated version of the Terms for acceptance upon your next connection to the Services. It is your responsibility to review these Terms frequently and remain informed about any changes to them, so we encourage you to visit this page often. The most recent version of these Terms takes precedence over any previous version of these Terms of use that we have issued related to any Services. In any event continued use of the Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms, inclusive of such changes.
Force Majeure: Kubota shall not be liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including but not limited to downtime of any telecommunications line or systems or any unavailability of any telecommunications or internet services, power failure, pandemic, governmental restrictions, court order or order of any governmental authority, compliance with any law, statute, rule or regulation, or other causes beyond the reasonable control of Kubota. Further, Kubota shall be excused from performance in the event it is unable to acquire from its customary sources and on terms reasonable in Kubota’s discretion, any material necessary for the performance or providing of the Services.
Severability: If any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
No Waiver: A failure on the part of Kubota to enforce any part of these Terms shall not constitute a waiver of any of Kubota’s rights under these Terms, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of Kubota shall have legal effect.
Governing Law: Except as set forth in CANADA SPECIFIC TERMS, these Terms shall be construed in accordance with the laws of the State of Texas and the federal laws of the United States applicable therein, without regard to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by the state and federal courts located in Dallas County, Texas.
App Store Terms of Use: The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like a Kubota portal, the Apple App Store or Google Play) where the App may now or in the future be made available (each an "App Provider"). You acknowledge and agree that:
These Terms are concluded between you and Kubota, and not with the App Provider, and that Kubota (not the App Provider, to the extent the App provider is not Kubota), is solely responsible for the App.
Unless expressly stated otherwise in writing by the App Provider, the App Provider has no obligation to furnish any maintenance and support services with respect to the App.
To the extent the App Provider is not Kubota, you may notify the App Provider in the event of any failure of the App to conform to any applicable warranty, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App.
To the extent the App Provider is not Kubota, the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App.
To the extent the App Provider is not Kubota, the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against You as a third party beneficiary thereof.
You must also comply with all applicable third-party terms of service when using the App.
CANADA SPECIFIC TERMS: The following provision sets out specific terms and conditions that apply solely to Customers located in Canada. These terms are intended to supplement and, where expressly stated, replace the corresponding provisions in the main body of the Terms. In the event of any inconsistency between the Terms and this section, the provisions of this section shall prevail for Canadian Customers.
For Quebec only: Where the Customer is a natural person acting for personal, family, or domestic purposes, including individual farmers operating outside a corporate structure, these Terms shall be interpreted and applied in accordance with the mandatory provisions of the Quebec consumer protection act (the "Quebec Consumer Protection Act"). Where the Customer is a legal person, partnership, cooperative, or other business entity, including any incorporated farm, company, or association, using the Services primarily for commercial, agricultural, or professional purposes, the Quebec Consumer Protection Act shall not apply, and these Terms shall be governed solely by the applicable provisions of the Civil Code of Québec. Nothing in these Terms shall be construed as limiting any consumer rights where the Quebec Consumer Protection Act applies.
Third Party Software/Services: For Customers located in Canada the following sentence replaces the final sentence of Third Party Software/Services Terms: Notwithstanding the foregoing, Kubota remains fully responsible toward Customers for the proper delivery and functioning of its Services, including where such Services rely on or incorporate Third-Party Software/Services.
For Customers located in Canada the following sentence replaces Governing Law Terms, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to any conflict of law principles, with the exception of consumers residing in Quebec, where the laws of the Province of Quebec and the federal laws of Canada applicable therein shall apply. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in your province of residence, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security.