I. AGRIFY Privacy Statement

Agrify Corporation ("AGRIFY"), is committed to earning and keeping your confidence and trust. This commitment exists not only for our website, but extends to any interaction you may have with AGRIFY. Accordingly, we strictly adhere to our corporate privacy policy to ensure that the personal information you provide is not misused in any way.

II. Information We Collect

Information You Give Us: You provide most such information when you use our services or communicate with customer service. For example, you provide information when you search for a product; communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; or use our services such as one of our software as a service subscriptions. As a result of those actions, you might supply us with such information as your name, address, and phone numbers.

Automatically Collected Information: Examples of the information we may collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; and the phone number you used to call any one of our business numbers. We may also use browser data such as cookies and other browser-supported client-side storage technologies, or similar data on certain parts of our Web site for fraud prevention and other purposes. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.

Computer Tracking and Identifiable Information: To provide our visitors with the most useful online services, we may use the information you submit to us via your website profile, purchases, browsing behavior, email clicks, and other communications, to tailor what you see on our website and in emails we send to you. This can include things like personalized product recommendations to help you find what you need. We may also use cookies and other browser-supported client-side storage technologies to track things about your visit on our website, such as remembering your password.

In addition to using the information visitors explicitly provide to us, the AGRIFY websites may use cookies to track general user behavior within our website. This tracking data helps us determine how to upgrade and enhance our website and make it more enjoyable for our visitors. These non-personal statistics are also considered confidential.

As a service to our regular users, AGRIFY may, in conjunction with its ad management partners, use pixels or transparent GIF files that recognize specific users and their preferences by recognizing "cookies", small text files that save you the time of having to register each time you visit our website. Through these technologies, we may collect information about your use of the website and other online activities, including certain online activities from our partners' websites and apps before you arrive, and after you leave our website. The information that is collected is anonymous and not personally identifiable. It does not contain your address, telephone number or email address.

If you do not wish to accept cookies, the "help" section of your browser's toolbar will likely tell you how to prevent your browser from accepting cookies, how to have the browser alert you when you receive a new cookie, or how to disable cookies altogether. If you disable cookies, however, you may not be able to take advantage of all of this website's features. Cookies may be required to use certain AGRIFY services, such as online software as a service offerings.

III. How AGRIFY Uses Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our website or any products or services we offer or provide through it.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. For more information, see How AGRIFY Shares the Information it Receives.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

IV. Does AGRIFY Share the Information it Receives

Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below and with subsidiaries and affiliates AGRIFY controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice. You can choose not to provide us with personal information, although some products or services may not be available to you if you choose not to so provide us with certain information.

  • Affiliated Businesses We Do Not Control: We work closely with affiliated businesses. In some cases, these businesses may offer co-brand services or offerings with AGRIFY. You can tell when a third party is involved in your transactions, and we share customer information related to those transactions with that third party.
  • Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples may include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions.
  • Business Transfers: As we continue to develop our business, we might sell or buy product lines, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the event that AGRIFY, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
  • Protection of AGRIFY and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of AGRIFY, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
  • With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

V. Security

AGRIFY protects the security of your information using industry standard measures. While we consider online security a priority, we cannot provide absolute assurances against, and will not be liable for, any breaches of confidentiality due to system failures or unauthorized access by third parties.

VI. Who Should Use this Site

AGRIFY intends its website for use only by individuals who are 18 years of age or older and will not knowingly collect personally identifiable information from anyone under the age of 18. If you are not at least 18 years old, please do not submit any information to AGRIFY through its websites, online services, or representatives.

VII. Conditions of Use, Notices, and Revisions

If you choose to visit AGRIFY, your visit and any dispute over privacy is subject to this Privacy Notice and our Terms of Service, including limitations on damages, resolution of disputes (as described below), and application of the law of the State of Nevada. If you have any concern about privacy at AGRIFY, please contact us with a thorough description, and we will try to resolve it. Our business changes over time, and our Privacy Notice and the Terms of Service will change also. We may e-mail periodic reminders of our notices and conditions, but you should check our web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

VIII. Concerns and Dispute Resolution

Any dispute, controversy, or claim that you may have which arises out of or relates to this Privacy Notice will be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. A judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration will be anywhere within 25 miles of Burlington, Massachusetts, and the arbitration will be governed by the laws of the State of Nevada.

Each party to the arbitration may send a written request to the other party for copies of all relevant documents, and the party receiving such request shall promptly provide those copies. There shall be no other discovery allowed.

In making determinations regarding the scope of exchange of electronic information, the arbitrator(s) and the parties to the arbitration agree to be guided by The Sedona Principles, Third Edition: best practices, recommendations & principles for addressing electronic document production. Hearings will take place according to the standard procedures of the Commercial Arbitration Rules that contemplate in-person hearings.

Time is of the essence for any arbitration under this Privacy Notice, and arbitration hearings will take place within 90 days of a party's filing, and awards will be rendered within 120 days. Arbitrator(s) shall agree to these limits prior to accepting their appointment as arbitrator(s). The prevailing party will be entitled to an award of reasonable attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of each of the parties to the arbitration.

IX. Legality and Waiver

If any term or provision of this Privacy Notice is deemed invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Privacy Notice or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the court may modify this Privacy Notice to give effect to the original intent of AGRIFY as closely as possible in order that the policies contemplated hereby be consummated as originally contemplated to the greatest extent possible. Each Party waives any defense that this agreement is unenforceable under Federal law.