Art. 1 – Acceptance of conditions
The service called AGRICOLUS (the Service) described here and offered to the user (the “User”) is provided by Agricolus S.r.l., Via Settevalli n. 320, VAT 06716550485. The User fully accepts these Term of Service (TOS) by checking the box next to the caption “I declare that I have read the Term of Service, have understood the content and accept it in full and without reservations “at the registration window of the personal data. The Supplier reserves the right to modify the TOS at any time and without notice. The User can check the current text of the TOS at any time, once updated by Agricolus Srl. The Supplier may also offer additional services which from time to time may be governed by different Term of Service. In such cases, the TOS will not apply to these particular services.
Art. 2 – Definitions
In the body of this agreement, some words or phrases will be used, and it is important that you understand its meaning. Please note that the list is not all-inclusive: “TOS (Term of Service)” indicates the general conditions of use of the service; “service” refers to the services covered by the TOS and in particular to the Agricolus software and any related applications; “user / licensee” refers to the user of the services offered and governed by the TOS; “Licensor” refers to Agricolus S.r.l .;
Art. 3 – Description of the service
The Agricolus software is an application accessible via Internet in the SaaS (Software as a Service) environment that allows to use the following platform:
- Agricolus is a cloud platform, which can be consulted from the web and mobile devices, which provides highly advanced meteorological data and forecast models for the diffusion of plant diseases relating to individual plots.
- AgriTrack (AgriConnect, AgriServices, Professional Dashboard) is a cloud platform designed for organizations in the agricultural sector who want to efficiently and innovatively manage the relationship with multiple farms. With AgriTrack it is possible to create a dedicated system, connecting the farms involved and accompanying them in the world of Agriculture 4.0.
As well as the use of AgriPlug, a hardware device to be positioned on the agricultural machine dedicated to the Agricolus SaaS product family. By registering machineries and personnel on the Agricolus platform, Agriplug allows to follow and register the activities of agricultural vehicles, transmitting data on the activities and crop operations carried out and monitoring their costs.
The data collected through Agricolus promptly support the farmer in the fight against phytopathologies that can attack cultivation, indicating the most suitable times for carrying out the treatments, also in a differential way.
The accurate forecasting models provide precise indications on the conditions that favor the spread of a phytopathology, often before it even occurs.
The Agricolus software plans to rework the information provided by the customer in order to improve the management of his agricultural production. All the information collected will be used in the interest of the customer in order to be able to provide useful tools for the management of its activities. In order to be able to use the Service, it is necessary to obtain internet access by means of devices that are updated and owned by the user. Agricolus S.r.l. does not guarantee the local, temporal and qualitative availability of the internet infrastructure necessary for the transfer of data and, in particular, does not guarantee that the data transfer and sending operations can be performed within a pre-established period of time.
Agricolus S.r.l. also provides partner organisations with an Agriconnect platform, connected to Agricolus, which allows access to the services Agriconnect, Agriservices and Professional Dashboard. These services allow organisations to connect their members and/or customers who accept the invitation to join Agricolus.
By accepting the invitation, the organisations’ members and/or customers become Users of Agricolus with an account linked to the organisations. The proper functioning of the service requires the sharing of data between the User and the organisations linked to it.
The organisation may not use the data of the companies connected to it for purposes not related to the Agriconnect, Agriservices and Professional Dashboard service. In the event that the affiliated companies choose to cancel the affiliation with the organisation the sharing of information will cease, however, it will not be possible to delete the data previously shared in the system. The user can continue to use Agricolus in the Free version or by purchasing a subscription.
Art. 4 – Obligations relating to registration
In order to use the Service, the User agrees to:
- a) provide the information requested during the registration procedure ensuring that it is up-to-date, complete and true (“Registration Data”);
- b) promptly and constantly update the Registration Data so that they are always current, complete and truthful. If the User provides false, inaccurate, non-current or incomplete information, or if the supplier believes, based on his own discretionary assessment, that the information provided by the User is false, inaccurate, non-current or incomplete, this however, the latter will have the right to deactivate, temporarily or permanently, the User’s account in question and to prevent any subsequent use of the Service.
The information provided will be treated as analytically described in the articles that follow.
Art. 5 – Information on the protection of personal data
The Registration Data as well as any other information that can be associated, directly or indirectly, with a specific User, are collected and used in accordance with the European Regulation 679/2016 to the Legislative Decree n.196 / 2003 as modified by the Legislative Decree n. 101/2018 (“Privacy Code”) and subsequent amendments and additions.
Below is a summary of some information relating to how the User data is processed, referring for completeness to the information on the site and in the app downloaded and explicitly accepted by the User after having promptly viewed it:
- The data controller is Agricolus S.r.l., via Settevalli, n. 320, 06129, Perugia (PG) VAT number 06716550485. The user can contact us by contacting our DPO by email firstname.lastname@example.org to request any information regarding his personal data; in addition, the user can exercise the rights provided by the regulation pursuant to art. 15-20 of the Regulation always using the email contact email@example.com to request access, correct, update, block or limit its use, delete or ask for the portability of your personal data;
- The “Registration Data” provided is collected and used by the software also through IT and automated tools and procedures, for the following purposes: (i) purposes directly connected and instrumental to the provision and management of the Service, in accordance with these TOS; (ii) subject to the User’s consent, commercial information, marketing and market surveys, sending of advertising material relating to Agricolus S.r.l. products and services; (iii) with the User’s consent, detection of the quality of the Services and the degree of satisfaction of the Users, carried out both directly and with the collaboration of specialized companies; (iv) statistical surveys and data collection for the development of algorithms and optimizations of the services provided.
- The provision of “Registration Data” is mandatory and failure to provide will make it impossible to proceed with the provision of the Service. Failure to provide data not expressly indicated as necessary for the purposes referred to in point 1, lett. i) will not prejudice in any way the provision of the Service. Specifically, the user can withdraw consent to the use of information for commercial promotion at any time, which will make it impossible to make further contacts for the promotion of services or for similar further activities.
- Some data entered on the platform may be communicated by the supplier for all the purposes indicated above in point 1 to third parties and / or partners, in charge of carrying out activities directly connected and instrumental to the provision and distribution of the Service or to allow us to improve the service offered.
Art. 6 – User credentials
At the end of the procedure of registering for the Service, the User obtains the assignment of a reserved account (“User Name or User ID”) and a reserved password (Access Data) for which the User is solely and exclusively responsible, also in relation to the activities carried out through their use.
The User therefore undertakes to immediately notify Agricolus of any unauthorized use of his password or account as well as any other violation of the security rules of which he becomes aware; Agricolus cannot in any way be held responsible for any damage resulting from failure to comply with this article. The User is aware that, in order to regulate access to the Service, its authentication is remitted exclusively to the verification of the account of the User Name and Password used by the same. The User is therefore responsible for the safekeeping and correct use of his account, the User Name and password to access the Service, as well as for any harmful consequence or prejudice that may arise, born by Agricolus S.r.l. or of third parties, following the incorrect use, loss, subtraction and / or compromise of the confidentiality of the account, the User Name and the password used by the User.
All the operations carried out through the account, the User Name and password used by the User entail the automatic attribution to the same of the operations carried out and the requests made, without exceptions whatsoever. The User acknowledges that Agricolus S.r.l.can always produce, as proof of the operations carried out by the User and – more generally – of relations with the User itself, also means of proof obtainable from the systems and IT procedures used by the same Supplier to regulate access to the Service. The User will be able to communicate the Access Data only to its employees who must use this Data in execution of their duties. As soon as the User becomes aware of a use of such Data that does not conform to what is contractually foreseen, he must immediately report the event to the Licensor. Upon receipt of this report, the latter can disable access to the service. In this case, the reactivation of the service will be carried out only after receipt by Agricolus S.r.l. of a specific written communication from the User.
Art. 7 – Data retention
Agricolus S.r.l. ensures the secrecy and security of the storage of the data that are uploaded to the system by the user, but is not responsible for the correctness, conformity and accuracy of the data entered. Agricolus will be able to carry out some treatments using internal agents or through third parties and we will ensure that they comply with the conditions established by current legislation.
Agricolus S.r.l undertakes, in accordance with these terms of service, to keep the data entered by the User and make them available for processing through the tools offered by the Service. Agricolus S.r.l reserves the right to keep the customer information anonymous or aggregated for statistical and scientific use aimed at improving the services provided on the basis of a legitimate interest. If the user requests the cancellation of the information, this will be deleted from our archives, however the data for which the legal basis of the processing is different from the consent will be kept, as mentioned in the information provided. In such cases Agricolus S.r.l undertakes, where possible, to anonymize or pseudo-anonymise the data related to statistical activities and functional to the improvement of the service provided.
Art. 8 – Use of the Service
The Service concerns the granting of a personal, limited, non-exclusive license to use our software. The license is granted for personal use only. This means that it is not allowed to sell the service, share the license with other parties, implement Reverse Engineering or otherwise attempt to copy the service. Even in cases where the service is provided free of charge, the provisions of this article must be respected. You will not obtain property rights when you purchase our software, but instead you are purchasing or, in the case of free use, you are enjoying a license to use our software within the confines of these TOS. When using the service offered, we assume full responsibility for the use and undertake not to use it in a way not explicitly authorized by the supplier. The user is responsible for the use of Agricolus and agrees not to access, copy or otherwise use the service, and not to violate the intellectual property and / or registered trademarks, except as authorized by these TOS.
Art. 9 – Copyright of the contents
All contents present or made available on the website www.agricolus.it, in any form, are owned by Agricolus S.r.l. or its suppliers and are protected by international laws on copyright and database rights therefore it is not allowed to extract and / or reuse in any way any part of the published content without the express written consent of Agricolus S.r.l. Similarly, the use of the software downloaded from the site is permitted only and only in compliance with the license rules of use issued by Agricolus S.r.l. or from another supplier and obtainable by making an express request to the manufacturer of the same. By way of example and not limited to, the user cannot copy, modify, create software derived from or in any way attempt to discover any source code, perform reverse engineering, sell, assign, sub-license, confer or transfer to third parties any rights to the Software. The User agrees not to access the Service through an interface other than that provided or authorized by Agricolus.
Art. 10 – Account, Username and Password – Suspension and Interruption of the Service
The User acknowledges and agrees that Agricolus S.r.l. may, in its sole and exclusive discretion, deactivate the User’s password and account or interrupt the use of the Service where it considers that the User has violated or acted in an incompatible or contrary manner with the spirit or letter of the conditions of service. The User acknowledges and agrees that any suspension or interruption of his access to the Service pursuant to the provisions of these conditions of service may take place without notice. In the event of interruption, termination or suspension of the service for reasons of force majeure, Agricolus will do everything possible to keep the records and allow their recovery to the User, without assuming, however, any burden or obligation in this regard. No other rights will fall to the User.
The user declares to accept that Agricolus S.r.l. may interrupt the use of the service which in the event that:
– transmit illegal, abusive, harassing, reputable, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable content according to our indisputable opinion;
– does not give truthful and / or accurate information;
– pretend to be another person or entity, use a fictitious name or falsify your affiliation;
– collect or archive personal information about other end users in any way this can be made possible;
– violate current laws or regulations of any kind;
– copy, modify, rent,, loan, sell, check, distribute, decode, grant information relating to the security of the service offered;
– provoke or contribute to the destruction, manipulation, removal, disabling, or compromise of any part of our service, whether it is done in a malicious or negligent manner;
– violates the intellectual property of the supplier.
Art. 11 – Fee
Agricolus S.r.l. offers free and paid subscriptions. The price for using the service may vary. Before paying please check that you understand the price and the terms of payment.
12 – Duration
This contract has an indefinite duration and will be periodically renewed annually or monthly by payment of the periodic fee. These TOS are intended to apply for the entire duration of the Subscription, from the activation and for the entire period in which the Subscription is actually made.
The User is subscribing to the Agricolus Service which will automatically renew for the same periodicity initially requested (annual or monthly) and with the same payment method used previously, unless cancellation that the User must request by disabling the automatic renewal at least on the day before the deadline and communicating it in case of foreign users by email to firstname.lastname@example.org or in case of national users by pec to email@example.com, indicating in both cases the contract code in the cancellation where present.
The user inside the shop can check his active subscriptions and by clicking inside the shop he can disable the automatic renewal simply by clicking on the appropriate button.
Agricolus will inform the User in case of changes in the Subscription price, in which case, before renewal, the User can deactivate the contract by communicating it to Agricolus in case of foreign users by email to firstname.lastname@example.org or in case of national users by pec to email@example.com within 3 working days from the communication of change in prices.
If the User decides to cancel the Subscription, he will have the possibility to continue using the account until the expiry of the period already paid. The cancellation is not retroactive and does not entitle you to refunds.
Art. 13 – Source Code
The User License does not grant any rights on the original source code. All the techniques, algorithms and procedures contained in the software and in the related documentation are information protected by copyright and are owned by Agricolus S.r.l. Therefore, they cannot be used in any way by the Licensee for purposes other than those indicated in the TOS.
Art. 14 – Limitation of liability
The User acknowledges and agrees that Agricolus will in no case be liable for any damages of any kind and nature, including those related to loss of profits, goodwill or data resulting, for example, from: (i) misuse or misuse use of the Service; (ii) from the procurement of goods and / or services other than the goods and / or services purchased or obtained from Agricolus; (iii) unauthorized access or alteration of the User’s data; (iv) statements or behavior of any third party.
Art. 15 – Guarantees
The Licensor guarantees the Licensee against all possible third-party claims concerning alleged copyright on the software referred to in this contract.
The Licensor cannot, however, be held responsible for any type of damage to the software deriving from unforeseeable circumstances or force majeure and does not provide any guarantee for them.
The Licensor guarantees that the software at the time of installation and loading will be in perfect operating conditions, in accordance with what is described and provided for in this contract and guarantees its implementation according to the rule of art.
The warranty provided by the Licensor is also conditioned by the correct functioning of the machines and the related system program used by the user by the third-party users, as well as by the correct use of the system by the same.
The Licensor cannot in any way be held responsible for disservices and / or damages caused by the use of the software covered by this contract in the event of:
- a) tampering or interventions that compromise the correct functioning of the software by personnel of the Licensee or by third parties not authorized by the Licensor;
- b) incorrect use of the software by the Licensee or by operators or third users authorized by the Licensee;
- c) not regular functioning of hardware or software used by the Licensee, whose maintenance is not performed directly by the Licensor;
- d) use by the Licensee of hardware or software indispensable for the development and use of the developed software not supplied and / or recommended by the Licensor, and without the necessary approvals and / or licenses;
- e) total or partial interruption of the local access service or termination of the call provided by the telecommunication operator and / or the internet network;
- f) non-compliance, breaches and violations of the law attributable to the Licensee, such as, by way of example, but not limited to, violations of Legislative Decree 81/08 or the Privacy Code.
It is also understood that any changes made directly by the Licensee to the software will result in the immediate termination of any warranty by the Licensor.
Art. 16 – Age limits
Agricolus and related services can only be used by anyone over the age of 18. The Supplier assumes no responsibility for the use of the Service by minors.
Art. 17 – Force majeure
Agricolus S.r.l. will not be responsible for its breach in relation to the obligations provided here if it is able to prove: (i) that the breach was caused by an event beyond its control; and that (ii) it was not reasonable to expect that, when signing this Agreement, it would take into consideration the possibility of the occurrence of this event and its effects on its ability to fulfill; and that (iii) it was not reasonably possible to avoid or remedy this event or at least its effects.
For the purposes of this clause, and without the list offered here being considered exhaustive, a “Force Majeure Event” will include natural disasters, fires, floods, wars (declared or undeclared), civil insurrections, riots, embargoes sabotage, accidents, union disputes, strikes, measures of any public or governmental authority, both local and national, including laws, ordinances, rules and regulations, are valid or invalid, and any other similar or different eventuality.
If a Force Majeure Event occurs, the Party that suffers the consequences (“The defaulting Party”) will inform the other Party of the occurrence of this event and its effects on its possibility of initiating contractual agreements. In this case, the parties will meet to take the necessary actions to cancel or reduce the effects of this event. For the entire period in which the Force Majeure Event, or its effects, remain, the Defaulting Party will not be held responsible for its inability to perform its obligations, the execution of which is prevented by the Force Majeure Event, without prejudice it being understood that these obligations will be fulfilled as soon as possible after the termination of the Force Majeure Event. During the persistence of the Force Majeure Event, the complying Party may refrain from performing some of the obligations provided herein, if and insofar as said obligations are correlated with the obligations of the other Party, whose execution is prevented by the occurrence of an Event of Force Majeure.
Art. 18 – Communications
Any communication between the parties must take place in writing and, unless explicitly provided for in the TOS, can be made by certified e-mail, by ordinary mail or by simple e-mail to the address provided during registration. Agricolus S.r.l. may make communications regarding changes to these TOS or other issues by entering general notices to users or links to these notices, or by e-mail to the address provided during registration.
Art. 19 – Applicable law and competent court
These TOS and the relations between the Service Provider and the User are governed by the law of the Italian Republic to which express reference is made. For any controversy inherent, deriving from or in any case connected to these TOS or to the use of the Service, the Court of Perugia will have jurisdiction, after an attempt at conciliation to be carried out at a Mediation Body accredited by the Ministry of Justice, based in Perugia, if applicable.
Art. 20 – Various
These TOS constitute, together with the Annexes, the only and exclusive agreement between the User and Agricolus S.r.l. and regulate the use of the Service by exceeding any agreement previously entered into between the User and Agricolus S.r.l. Agricolus S.r.l.’s failure to exercise of its own right, provided for by law or by these TOS, does not in any case constitute a waiver of the right itself. If one or more provisions of these Term of Service are declared invalid by the Competent Judge, the parties agree that the judge must in any case try to maintain the effectiveness of the agreements between the parties, as specified in this agreement and the other Term of Service will remain fully valid and effective in all respects. In the event that a provision of this agreement is unlawful, in conflict with another provision of the agreement, or otherwise unenforceable, the agreement will remain fully valid. If two or more provisions of this agreement are deemed to be in conflict, Agricolus S.r.l. will have the exclusive right to choose with authentic interpretation the prevailing provision in the case in question.
The titles of the articles of the Term of Service have the sole purpose of making the reading of the same Term of Service more comfortable and have no legal or practical effect.
Pursuant to and for the purposes of articles. 1341 and 1342 c.c. the user declares to expressly approve the following articles of this contract: art. 7 (data retention); art. 10 (suspension and interruption of the service); art. 12 (duration); art. 14 (limitation of liability); art. 15 (guarantees); art. 19 (applicable law, conciliation clause and jurisdiction)