Art. 1 – Acceptance of the conditions
The service described herein and offered to you (the “User”) is provided by Agrobit s.r.l. (the “Provider”), Via Fiume 11, 50123 Firenze (FI), P.IVA IT07166840483. The User fully accepts these TOS (General Conditions of Use of the Service) by checking the box next to the words “I declare that I have read the General Conditions of Use of the Service, that I understand its contents and that I accept it in full and without reservation” in the master data registration window. The Provider reserves the right to change the TOS at any time and without prior notice. The User may check at any time the current text of the TOS, as updated from time to time by Agrobit s.r.l.. The Provider may also offer additional services that from time to time may be governed by different general conditions. In such cases, the TOS will not apply to those particular services.
Article 2 – Definitions.
In the body of this agreement, some words or phrases will be used, and it is important that you understand their meaning. Keep in mind that the list is not all-inclusive: “CGUS (General Terms of Service Use)” means the terms of service; “service” refers to the services covered by the CGUS and in particular the iAgro software; “user/licensee” refers to the user of the services offered and governed by the CGUS; “licensor” refers to Agrobit s.r.l;
Art. 3 – Description of the service
iAgro is a SaaS (Software as a Service) application for mobile devices accessible via the Internet, with a computing engine cloud, which provides decision-support data to farmers and agricultural technicians.
The iAgro application allows people to use their smartphones to collect geo-referenced photographic datasets of crops in order to generate 3D models (point clouds) of the crops through in-cloud processing. Using proprietary algorithms, the 3D models are analyzed to derive biometric information of the plant under study (thickness, height, leaf volume), vigor parameters LAI (Leaf Area Index), LWA (Leaf Wall Area), TRV (Tree Row Volume), and optimal doses of water and agrochemical for phytosanitary treatments.
Data collected through the iAgro application promptly support the farmer or technician in creating maps of vegetative variability (vigor) to optimize crop operations, such as fertilization and fruit harvesting, as well as prescription maps for variable and optimized phytosanitary treatments.
The iAgro application plans to reprocess the information provided by the customer in order to improve the management of its agricultural production. All the information collected will be used in the interest of the customer in order to be able to give useful tools for the management of its activities. In order to use the Service, it is necessary to obtain internet access by means of devices that are up-to-date and owned by the user. Agrobit 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 operations of data transfer and sending of the same can be performed within a predetermined time frame.
By using the iAgro application, you agree to the terms of use. These terms of use may change from time to time. Please review these terms of use from time to time to ensure that you are familiar with the current terms.
The User agrees to submit material (photographs, text, gps location) using the iAgro application voluntarily and in good faith.
The User retains ownership of all material he or she submits using the iAgro application. If the User submits material from others, he/she must ensure that he/she has the permission of the owner. If the User is not of legal age, he/she must ensure that he/she has the permission of his/her parent or guardian.
The User is responsible for all material submitted using the iAgro application. The User agrees to ensure that the material they submit is as accurate as possible. Please do not upload inappropriate content. Inappropriate content includes photographs that have been digitally altered and inappropriate or obscene images or text. We reserve the right to remove any material submitted as we see fit.
Article 4 – Use of Software, Open Source Templates and Third Party Services.
The iAgro app uses open source third-party software components, including, but not limited to, OpenDroneMap (ODM). ODM is photogrammetric image processing software, distributed under the GNU Affero General Public License v3.0 (AGPL-3.0). iAgro uses ODM as an external and independent microservice, without making any changes to its source code. In accordance with the terms of the AGPL-3.0 license, we specify that the original source code of OpenDroneMap is freely accessible at: https://github.com/OpenDroneMap/ODM.
The iAgro app integrates a procedure for optimal calculation of plant protection product doses based on the approach and derived from the formulas presented in: Carla Román, Miquel Peris, Joan Esteve, Miguel Tejerina, Jordi Cambray, Pere Vilardell, Santiago Planas, “Pesticide dose adjustment in fruit and grapevine orchards by DOSA3D: Fundamentals of the system and on-farm validation,” Science of The Total Environment, Volume 808, 2022, 152158, ISSN 0048-9697, https://doi.org/10.1016/j.scitotenv.2021.152158. The article is released under a Creative Commons Attribution 4.0 International (CC BY 4.0) license.
The image analysis-based plant and insect disease identification service integrated into iAgro makes use of the Gemini API, a multimodal artificial intelligence model provided by Google LLC (via Google AI or Google Cloud Vertex AI). Images uploaded by the user are transmitted to the Gemini service for diagnostic processing and subsequent return of the result to the app. Please note that the Gemini API does not constitute open source software, but rather a proprietary third-party service, the use of which is governed by its Terms of Service, which can be found at https://ai.google.dev/terms and, for use via Vertex AI, https://cloud.google.com/terms. The processing of data associated with the use of the Gemini API is governed by the specific section of this policy on the processing of personal data.
The iAgro app also uses soil data (soil chemical and physical properties) provided by the SoilGrids service, developed and maintained by ISRIC – World Soil Information. SoilGrids provides global maps of soil properties at 250-m resolution, generated through machine learning models trained on the WoSIS (World Soil Information Service) database. SoilGrids data are distributed under a Creative Commons Attribution 4.0 International (CC BY 4.0) license and can be accessed at https://www.isric.org/explore/soilgrids. Bibliographic reference: Poggio, L., de Sousa, L. M., Batjes, N. H., Heuvelink, G. B. M., Kempen, B., Ribeiro, E., Rossiter, D., “SoilGrids 2.0: producing soil information for the globe with quantified spatial uncertainty,” SOIL, 7, 217-240, 2021, https://doi.org/10.5194/soil-7-217-2021.
The iAgro app also uses Earth observation data acquired by the Sentinel-2 mission, part of the European Union’s Copernicus Program, carried out by the European Commission in collaboration with the European Space Agency (ESA), which is responsible for the development and management of its space segment. Sentinel-2 data consist of high-resolution optical multispectral imagery (10 m, 20 m and 60 m depending on the band), used within iAgro for monitoring the vegetative state of crops, calculating vegetation indices (including NDVI, NDRE, EVI, NDWI) and generating intra-appearance variability maps to support agronomic decisions. Sentinel data are distributed according to the “full, free and open” policy established by Regulation (EU) No. 377/2014 of the European Parliament and of the Council and are governed by the “Legal Notice on the use of Copernicus Sentinel Data and Service Information,” which allows their use, reproduction, distribution, adaptation, and redistribution by users worldwide, subject to appropriate attribution. The data can be accessed through the Copernicus Data Space Ecosystem at https://dataspace.copernicus.eu/ and mission information is available at https://sentinels.copernicus.eu/web/sentinel/missions/sentinel-2. Attribution: “produced from ESA remote sensing data” / “contains modified Copernicus Sentinel data [year].”
Lastly, the iAgro app makes use of the Open-Meteo service(https://open-meteo.com/) for the provision of weather data and agro-meteorological forecasts, which are used exclusively for agronomic purposes, such as field decision support, crop intervention planning and climate risk analysis. Open-Meteo is an open source service that aggregates and reprocesses numerical forecast data provided by national weather services (including Deutscher Wetterdienst – DWD, National Oceanic and Atmospheric Administration – NOAA, Météo-France and Canadian Meteorological Center – CMC). The data delivered through the Open-Meteo API are distributed under a Creative Commons Attribution 4.0 International (CC BY 4.0) license, while the related source code is released under the GNU Affero General Public License v3.0 (AGPL-3.0) and can be accessed at https://github.com/open-meteo/open-meteo. The terms of service and license conditions can be found at https://open-meteo.com/en/terms and https://open-meteo.com/en/license, respectively. Attribution: “Weather data by Open-Meteo.com.” The data transmitted to the Open-Meteo service are limited to the geographic coordinates of the plot or area of interest, which are necessary for obtaining contextualized forecasts; no personally identifying user data (such as name, email address, or phone number) are transmitted.
Any questions regarding the use of third-party software, open source templates or services within iAgro can be directed to: [email protected].
Article 5 – Obligations related to registration.
In order to use the Service, the User agrees to:
- a) provide the information requested during the registration process ensuring that it is current, complete and true (“Registration Data”);
- b) promptly and continuously update the Registration Data so that it is always current, complete and true. If the User provides information that is false, inaccurate, not current or incomplete, or if the Provider believes, based on its own discretionary evaluation, that the information provided by the User is false, inaccurate, not current or incomplete, the Provider shall nonetheless have the right to temporarily or permanently deactivate the account of the User in question and prevent the User from any subsequent use of the Service.
The information provided will be treated as analytically described in the following articles.
Art. 6 – Information on the protection of personal data
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 European Regulation 679/2016 to Legislative Decree No. 196/2003 as amended by Legislative Decree No. 101/2018 (“Privacy Code”) and subsequent amendments and additions.
Below we summarize briefly some information regarding how the User’s data is processed, referring for completeness to the information on the site and in the app downloaded by the User and explicitly accepted by the User after having duly reviewed it:
- The data controller is Agrobit s.r.l., via Fiume 11, 50123 Firenze (FI), P.IVA IT07166840483. The user may contact us by contacting our DPO by email [email protected] to ask for any information concerning his/her personal data; in addition, the user may exercise his/her rights under Articles 15-20 of the Regulation always using the email contact [email protected] to ask to access, correct, update, block or restrict its use, delete or request portability of your personal data;
- The “Registration Data” provided are collected and used by the software also by means of computer and automated tools and procedures, for the following purposes: (i) purposes directly related and instrumental to the provision and management of the Service, in accordance with these CGUS; (ii) with the User’s consent, commercial information, marketing and market surveys, sending of advertising material related to products and services; (iii) with the User’s consent, detection of the quality of the Services and the degree of satisfaction of the Users, performed either directly or with the collaboration of specialized companies; (iv) surveys of a statistical nature and collection of data for the processing of algorithms and optimization of the services provided.
- The provision of “Registration Data” is mandatory in nature and failure to provide it will result in the impossibility of proceeding with the provision of the Service. Failure to provide data not expressly indicated as necessary for the purposes referred to in point 1, lett. ii) and iii) above will not affect in any way the provision of the Service. Specifically, you may revoke your consent to the use of information for sales promotion at any time, which will result in the impossibility of further contact for the promotion of services or similar further activities.
- Some data entered in the platform may be communicated by the supplier for all the purposes indicated above in point b to third parties and/or partners, entrusted with the execution of activities directly related and instrumental to the provision and distribution of the Service or to allow us to improve the service offered.
Art. 7 – User Credentials
Upon completion of the registration process for the Service, the User is assigned an account (“User Name or User ID”) and a confidential password (Access Data) for which the User is solely and exclusively responsible, including with respect to the activities put in place through their use.
The User, therefore, agrees to immediately notify Agrobit s.r.l. of any unauthorized use of their password or account as well as any other violation of security rules of which they become aware; Agrobit s.r.l. cannot in any way be held liable for any damages resulting from failure to comply with this article. The User is aware that, in order to regulate access to the Service, its authentication is referred exclusively to the account verification of the User Name and Password used by the same. The User is therefore responsible for the safekeeping and proper use of his or her account, User Name and Password to access the Service, as well as for any harmful consequence or prejudice that may arise, at the expense of Agrobit s.r.l. or third parties, as a result of the incorrect use, loss, theft and/or compromise of the confidentiality of the account, User Name and Password used by the User. All operations carried out through the account, User Name and password used by the User entail the automatic attribution to the same of the operations conducted and requests made, without exception of any kind. The User acknowledges and takes note that Agrobit s.r.l. may always produce, as proof of the operations carried out by the User and – more generally – of the relationship with the User himself, also means of proof obtainable from the computer systems and procedures used by the same Provider to regulate access to the Service. The User may communicate the Access Data exclusively to its employees who must use such Data in the performance of their duties. As soon as the User becomes aware of any use of such Data that is not in accordance with the contractual provisions, the User shall immediately report the event to Licensor. Upon receipt of such report, the latter may disable access to the service. In this case, the reactivation of the service will be carried out only after receipt by Agrobit s.r.l. of appropriate written notice from the User.
Article 8 – Data Retention.
Agrobit s.r.l. ensures the secrecy and security of the storage of data that are uploaded into the system by the user, but is not responsible for the correctness, conformity and accuracy of the data entered. Agrobit s.r.l. may carry out some processing using internal appointees or through third parties and it will be our care to ensure that they comply with the conditions provided for by the regulations in force.
Agrobit s.r.l. undertakes, in accordance with these terms of service, to keep the data entered by the User and make them available to the same for processing through the tools offered by the Service.
Agrobit s.r.l. reserves the right to retain anonymized or aggregated customer information for statistical and scientific use to improve the services provided on the basis of legitimate interest. If the user requests the deletion of the information it will be deleted from our archives, however, data for which the legal basis for processing is different from consent will be retained, as mentioned in the information provided. In such cases Agrobit s.r.l. undertakes, where possible, to anonymize or pseudo-anonymize data related to statistical activities and functional to improve the service provided.
Article 9 – Use of the Service
The Service is about granting 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, you must comply with the provisions of this article. You will not obtain ownership rights when you purchase our software, but are instead purchasing or, in the case of free use, are enjoying a license to use our software within the confines of these TOS. When you use the service offered, you assume full responsibility for its use and agree not to use it in a manner not explicitly authorized by the provider. You are responsible for your use of the service and agree not to access, copy, or otherwise use the service, and not to infringe intellectual property and/or trademarks except as authorized by these TOS.
Article 10 – Account, Username and Password – Suspension and Discontinuation of Service.
The User acknowledges and agrees that Agrobit s.r.l. may, in its sole and exclusive discretion, deactivate the User’s password and account or terminate the User’s use of the Service where it believes that the User has violated or acted in a manner inconsistent with or contrary to the spirit or letter of the terms of service. You acknowledge and agree that any suspension or termination of your access to the Service pursuant to the provisions of these terms of service may occur without notice. In the event of any interruption, termination or suspension of the Service due to force majeure, Agrobit s.r.l. will use its best efforts to maintain the records and allow the User to retrieve them, but will not assume any burden or obligation in this regard. No other rights will accrue to the User.
You agree that Agrobit s.r.l. may discontinue use of the service that in the event that:
- transmits content that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our indisputable opinion;
- Does not give true and/or accurate information;
- pretend to be another person or entity, use a fictitious name or falsify their affiliation;
- Collects or stores personal information about other end users in any way this can be made possible;
- violates applicable laws or regulations of any kind;
- copy, modify, rent, lease, lend, sell, assign, distribute, decode, grant information related to the security of the service offered to you;
- causes or contributes to the destruction, manipulation, removal, disabling, or impairment of any part of our service, whether done maliciously or negligently;
- infringes on the supplier’s intellectual property.
The www.agrobit.ag website and the iAgro application may contain links to other websites or have services offered by other parties. A link to a third-party Web site does not mean that Agrobit s.r.l. endorses it or is affiliated with it. Agrobit s.r.l. does not exercise any control over third-party Web sites or the content of the services they provide or the policies they adopt in providing them. Access to such third-party sites or content is at your own risk and you should always read the terms of use and privacy policy of a third-party Web site before using it. Agrobit s.r.l. will not be liable for any damages or losses related to the use of any content, products or services available on or through any third party Web site.
Art. 11 – Copyright and Copyright of Content
All content present or made available on www.agrobit.ag, in any form, is the property of Agrobit s.r.l. or its suppliers and is protected by international copyright and database rights laws therefore it is not permitted to extract and/or reuse in any way any part of the published content without the express written consent of Agrobit s.r.l. Similarly, the use of iAgro software is permitted only and only in compliance with the rules of license of use issued by Agrobit s.r.l. or its other supplier and obtainable by making an express request to the producer of the same. By way of example only, the User may not copy, modify, make software derived from or in any way attempt to discover any source code, engage in reverse engineering, sell, assign, sublicense, confer or transfer any right in the software to third parties. You agree not to access the Service through any interface other than one provided or authorized by Agrobit s.r.l..
Art. 12 – Fee
Agrobit s.r.l. offers free and paid subscriptions. The price for using the service may vary. Please make sure you fully understand the price and payment terms before paying.
Art. 13 – Duration
This contract is for an indefinite term and will be periodically renewed on an annual or monthly basis by payment of the periodic fee. These TOS shall be deemed applicable for the entire term of the Subscription, from activation and for as long as the Subscription is actually rendered.
The User is subscribing to the Service, which will be automatically renewed for the same periodicity initially requested (annual or monthly) and with the same payment method used previously, unless terminated, which the User must request by disabling automatic renewal at least the day before expiration and communicating it in the case of foreign users by email to [email protected] or in the case of domestic users by pec to [email protected], indicating in both cases the contract code in the termination where present.
Users within the shop can check their active subscriptions and by clicking within the shop can disable auto-renewal by simply clicking on the appropriate button.
Agrobit s.r.l. will inform the User in the event of changes in the price of the Subscription, in which case, prior to renewal, the User may deactivate the contract by notifying Agrobit s.r.l. in the case of foreign users by email to [email protected] or in the case of domestic users by pec to [email protected] within 3 working days of the communication of price changes.
If the User decides to cancel the Subscription, he/she will have the opportunity to continue using the account until the expiration of the period already paid. Termination is not retroactive and does not entitle the User to a refund.
Art. 14 – Source Code
The User License does not grant any rights to the original source code. All techniques, algorithms and processes contained in the software and related documentation are copyrighted information and are the property of Agrobit s.r.l.. Therefore, they may not be used in any way by the Licensee for purposes other than those stated in the TOS.
Article 15 – Limitations of Liability
The User acknowledges and agrees that Agrobit s.r.l. shall in no event be liable for any damages of any kind or nature including those related to loss of profits, goodwill or data resulting from, for example: (i) a use or misuse of the Service; (ii) the procurement of goods and/or services other than the goods and/or services purchased or obtained from Agrobit s.r.l.; (iii) unauthorized access to or alteration of User data; (iv) statements or conduct of any third party.
Nature of service. The User expressly acknowledges and agrees that the iAgro app constitutes a Decision Support System (DSS) tool of a purely informational and indicative nature, and in no way replaces the assessment, diagnosis and prescription of a licensed technician or qualified agricultural professional. The app and all of its features, including agronomic suggestions, are provided for informational purposes only and do not constitute professional advice. The user is aware that these directions may not be accurate or up-to-date and should therefore independently verify them before taking action.
Intrinsic limitations of artificial intelligence algorithms and models. With reference to all functionalities of the application-including, but not limited to, the plant disease and insect identification service based on image analysis, calculation of plant protection product doses, agro-meteorological forecasts, calculation of vegetative vigor indices (LAI, LWA, TRV, NDVI, NDRE, NDMI, TCARI/OSAVI), variability maps and prescription maps – the User acknowledges that the results provided by the application are derived from the processing of proprietary algorithms, third-party artificial intelligence models (including Google LLC’s Gemini API) and data from third-party services (including SoilGrids, Sentinel-2/Copernicus, Open-Meteo). These tools, by their nature, are subject to margins of error, statistical uncertainty and accuracy limitations, and may produce false positives, false negatives, misclassifications, inaccurate estimates or indications that do not correspond to the actual situation in the field. The quality of the results also depends on factors beyond Agrobit’s control, including the quality of the images acquired by the User, lighting conditions, the accuracy of georeferencing, the resolution of the mobile device, atmospheric conditions at the time of satellite data acquisition, and biological and agronomic variability of the crop context. Agrobit is also not responsible for the accuracy, availability, or reliability of data provided by third-party services integrated via API. You acknowledge that such data is subject to the terms of use and terms of service established by the providers of such services.
Failure to detect disease, insects, stress, or abnormalities. The User expressly agrees that the application in no way guarantees the detection of plant diseases, insect infestations, biotic or abiotic stresses, nutritional deficiencies or any other crop abnormality. The absence of a report from the application should in no case be interpreted as confirmation of the absence of the disease, pest or stress phenomenon on the crop under analysis. The User understands that the correct identification of diseases and adversities requires direct field inspections, laboratory analysis, and evaluation by a qualified technician.
Decision-making responsibility in the hands of the Professional User. The User – whether farmer, agronomic technician, consultant, contractor or other operator in the sector – is and remains solely and exclusively responsible for any agronomic, phytosanitary, cultivation, management and economic decisions made based, in whole or in part, on the information provided by the iAgro application. In particular, the User agrees to:
- autonomously and independently verify, prior to any intervention, the correctness, timeliness and applicability to the specific case of the information provided by the application, by direct inspection in the field and, where necessary, by consultation with a qualified technician;
- Comply with all applicable regulations on the use of plant protection products, occupational safety, environmental protection, integrated pest management and integrated/organic production, including but not limited to Legislative Decree 150/2012, Regulation (EC) No. 1107/2009 and the National Action Plan (NAP);
- observe the labels of plant protection products and the manufacturer’s requirements, which in all cases take precedence over the directions of the application;
- independently evaluate, on their own responsibility, each dose, timing, distribution method and choice of plant protection product, even if the application provides suggestions or automated calculations to that effect.
Exclusion of liability for damages. Agrobit s.r.l., its directors, employees, collaborators, affiliates, suppliers and partners shall in no event be held liable, in contractual, extra-contractual, pre-contractual or any other capacity, for any damages – direct, indirect, consequential, pecuniary or non-pecuniary – suffered by the User or third parties, including but not limited to:
- crop losses, partial or total, and decreases in yield or quality of the agricultural product;
- damage caused by the application’s failure or delay in detecting diseases, insects, stresses, deficiencies, or any other crop adversity;
- Damage resulting from phytosanitary treatments carried out, omitted, postponed or anticipated on the basis of the application directions, including damage from overdosing, underdosing, phytotoxicity, residues exceeding legal maximum limits (MRLs), resistance and environmental damage;
- damages resulting from the use of weather and agro-meteorological forecasts provided through Open-Meteo or other integrated third-party services;
- damage resulting from the use of prescription maps, variability maps, vigor index calculations, or 3D models prepared by the application;
- Administrative, civil or criminal penalties imposed on the User for violation of regulations on the use of plant protection products, CAP cross-compliance, environmental, phytosanitary or food safety regulations;
- reputational damage, loss of profit, loss of business goodwill or economic opportunity.
Compatibility with devices. Agrobit s.r.l., as publisher of the iAgro app, makes no warranties or representations of any kind regarding the compatibility of the app with mobile devices or hardware used in conjunction with it or any of its features. For a list of compatible devices, please see the following link: devices compatible with the iAgro app. In no event will Agrobit or its affiliates be liable for any loss or damage, including personal injury or death, resulting from the use or inability to use the iAgro app with any compatible device, or from actions taken by any user. Agrobit s.r.l. and its affiliates are not responsible for any technical malfunctions, failures, interruptions or other damage to hardware, software or equipment resulting from the use of the iAgro app with any device.
Manleva. By using the iAgro app, you agree that Agrobit s.r.l. and its affiliates will not be liable for any damages caused to you or any third party resulting from your use of the iAgro app or any content generated through the app in violation of applicable privacy and data protection laws. The User also agrees to indemnify, defend and hold Agrobit and its affiliates harmless from all claims, liabilities, damages and expenses (including, without limitation, attorneys’ fees) arising out of any claim, action or proceeding brought by any third party – including, but not limited to, the User’s customers, purchasers of agricultural products, contractors, neighbors, public regulatory authorities – related to the use of the iAgro app or any content generated through it, including in violation of applicable laws and regulations, including data protection regulations.
Professional counseling recommendation. Agrobit s.r.l. expressly recommends that the User always seek the advice of a licensed agronomist or other qualified professional before making any relevant agronomic or phytosanitary decisions, particularly in the presence of suspected diseases, infestations or crop stress situations.
Exclusive remedy. If you are dissatisfied with the iAgro app or its terms, conditions, and/or restrictions, your sole and exclusive remedy is to discontinue using the app.
Article 16 – Guarantees
The Licensor warrants the Licensee against any and all claims by third parties asserting purported copyrights in the software covered by this agreement.
The Licensor cannot, however, be held liable for any damage of the software resulting from unforeseeable circumstances or force majeure and makes no warranty for them.
Licensor warrants that the software at the time of installation and loading will be in perfect working condition, in accordance with what is described and provided for in this agreement, and warrants that it will be implemented in accordance with the rule of art.
The warranty provided by the Licensor, moreover, is conditional on the proper operation of the machines and the related system program in use by the user from the third party users, as well as the proper use of the system by the third party users.
The Licensor shall in no way be held liable for inefficiencies and/or damages caused by the use of the software covered by this agreement in the event of:
- tampering or interventions that compromise the proper functioning of the software performed by Licensee’s personnel or third parties not authorized by Licensor;
- Misuse of the software by the Licensee or operators or third party users authorized by the Licensee;
- Non-smooth operation of hardware or software used by the Licensee, the maintenance of which is not performed directly by the Licensor;
- Licensee’s use of hardware or software essential for the development and use of the developed software not supplied and/or recommended by Licensor, and lacking the necessary approvals and/or licenses;
- Total or partial interruption of local access or call termination service provided by telecommunication operator and/or Internet network;
- Failures, defaults and violations of law attributable to Licensee, such as, but not limited to, violations of Legislative Decree 81/08 or the Privacy Code.
However, it is understood that any changes made directly by the Licensee to the software will result in the immediate termination of all warranties by the Licensor.
Art. 17 – Age limits
Agrobit s.r.l. and related services may only be used by those 18 years of age or older. The Provider assumes no responsibility with respect to the use of the Service by individuals under the age of 18.
Art. 18 – Force Majeure
Agrobit s.r.l. shall not be liable for its failure to perform its obligations hereunder if it can prove (i) that the failure to perform was caused by an event beyond its control; and that (ii) it was not reasonable to expect that it, at the time of entering into this Agreement, would take into consideration the possibility of the occurrence of such event and its effects on its ability to perform; and that (iii) it was not reasonably possible to avoid or remedy such event or at least its effects.
For the purposes of this clause, and without the listing offered herein being exhaustive, a “Force Majeure Event” shall be inclusive of natural disasters, fires, floods, wars (declared or undeclared), civil insurrections, riots, embargoes, sabotage, accidents, labor disputes, strikes, measures of any public or governmental authority, whether local or national, including laws, ordinances, rules and regulations, whether valid or invalid, and any other similar or different occurrences.
If a Force Majeure Event occurs, the Party suffering the consequences (“The Defaulting Party”) will inform the other Party of the occurrence of such an event and its effect on its ability to give effect to the contractual agreements. In such a case, the parties will meet to take the necessary actions to undo or reduce the effects of such an event. For the entire period during which the Force Majeure Event, or its effects, persist, the Defaulting Party shall not be held liable for its inability to perform its obligations, the performance of which is prevented by the Force Majeure Event, it being understood that such obligations shall be performed as soon as practicable after the Force Majeure Event ceases to exist. During the continuance of the Event of Force Majeure, the performing Party may refrain from performing some of its obligations hereunder to the extent that such obligations are related to the obligations of the other Party, the performance of which is prevented by the occurrence of an Event of Force Majeure.
Art. 19 – Communications
Any communication between the parties must be in writing and, except where expressly provided in the TOS, may be made by certified electronic mail, by regular mail or by simple electronic mail to the address provided at registration. Agrobit s.r.l. may make notices regarding changes to these TOS or other matters by placing general notices on the Service to users or links to such notices, or by electronic mail to the address provided at registration.
Art. 20 – Applicable law, conciliation clause and place of jurisdiction
These CGUS and the relationship between the Service Provider and the User are governed by the law of the Italian Republic to which express reference is made. For any dispute inherent to, arising out of or in any way connected with these CGUS or the use of the Service, the Court of Florence shall have jurisdiction, subject to an attempt at conciliation to be carried out at a Mediation Body accredited with the Ministry of Justice, based in Florence, where applicable.
Art. 21 – Miscellaneous
These CGUS constitute, together with the Annexes, the sole and exclusive agreement between the User and Agrobit s.r.l. and govern the use of the Service superseding any previous agreement between the User and Agrobit s.r.l.. The failure of Agrobit s.r.l. to exercise one of its rights, provided by law or by these TOS, does not in any case constitute a waiver of that right. Should one or more provisions of these General Terms and Conditions be declared invalid by the Competent Judge, the parties agree that the judge shall in any event seek to maintain the effectiveness of the agreements between the parties as specified in this agreement and the other General Terms and Conditions shall remain in full force and effect for all purposes. In the event that any provision of this agreement is found to be unlawful, in conflict with another provision of the agreement, or otherwise unenforceable, the agreement shall remain in full force and effect. If two or more provisions of this agreement are found to be in conflict, Agrobit s.r.l. shall have the exclusive right to select by authentic interpretation the provision prevailing in the case.
The titles of the articles in the General Conditions are intended only to make the General Conditions more convenient to read and have no legal or practical effect.
Specific acceptance
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the user declares that he/she expressly approves the following articles of this contract: art. 8 (data retention); art. 10 (suspension and interruption of service); art. 13 (duration); art. 15 (limitation of liability); art. 16 (guarantees); art. 20 (applicable law, conciliation clause and competent court)
