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.
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 georeferenced photographic datasets of crops in order to generate 3D models (point clouds) of the crops through in-cloud processing. Using proprietary algorithms, the 3-D 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 plant protection 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 information collected will be used in the interest of the client in order to be able to give useful tools for managing their activities. In order to use the Service, you must obtain Internet access by means of devices that are up-to-date and owned by you. Agrobit s.r.l. does not guarantee the local, temporal, and qualitative availability of the Internet infrastructure required for data transfer and, in particular, does not guarantee that data transfer operations and data sending can be performed within a predetermined time frame.
The User agrees to submit material (photographs, text, gps location) using the iAgro application voluntarily and in good faith.
You retain ownership of all material you submit using the iAgro application. If the User submits material from others, he/she must make sure that he/she has the permission of the owner. If the User is not of legal age, he or she must ensure that he or she has the permission of his or her parent or guardian.
The User is responsible for all material submitted using the iAgro application. You agree to ensure that the material you 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 – 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 nevertheless 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.
Article 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 European Regulation 679/2016 to Legislative Decree n.196/2003 as amended by Legislative Decree. n. 101/2018 (“Privacy Code”) and by 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 can contact us by addressing our DPO by emailing firstname.lastname@example.org to request any information concerning your personal data; in addition, you may exercise your rights under Articles 15-20 of the Regulation always using the email contact
to request access to, correct, update, block or restrict its use, delete or request portability of your personal data;
- The “Registration Data” provided is collected and used by the software, including through 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 TOS; (ii) with the User’s consent, commercial information, marketing and market surveys, sending of advertising material related to products and services; (iii) with the consent of the User, detection of the quality of the Services and the degree of satisfaction of Users, performed either directly or with the cooperation of specialized companies; (iv) statistical surveys and data collection for the development of algorithms and optimization of services provided.
- The provision of “Registration Data” is mandatory in nature and failure to provide it will result in the inability to proceed with the provision of the Service. Failure to provide data not expressly indicated as necessary for the purposes mentioned in 1, lett. above. (ii) and (iii) will not affect the delivery of the Service in any way. Specifically, the user may revoke 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 provider 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. 6 – 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 his or her password or account as well as any other violation of security rules of which he or she becomes aware; Agrobit s.r.l. shall in no way be held liable for any damages resulting from failure to comply with this article. You understand that in order to regulate access to the Service, your authentication is referred solely to account verification of the Username and Password used by you. 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, against 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 relations with the User himself, also means of proof obtainable from the computer systems and procedures used by the same Supplier to regulate access to the Service. The User may only disclose Access Data to its employees who need to 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 terms of the contract, the User shall immediately report the event to the Licensor. Upon receipt of such a report, the latter may disable access to the service. In this case, the reactivation of the service will be carried out only after Agrobit s.r.l. receives appropriate written notice from the User.
Article 7 – 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, compliance 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 current regulations.
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 deletion of the information it will be deleted from our records, however, data for which the legal basis for processing is other than consent will be retained, as mentioned in the information provided. In such cases, Agrobit s.r.l. undertakes, whenever possible, to anonymize or pseudo-anonymize data related to statistical and functional activities to improve the service provided.
Article 8 – 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, the provisions of this article must be complied with. You do 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 using the offered service, 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.
Art. 9 – Copyright and Copyright of Content
All content present or made available on the site 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..
Article 10 – Account, Username and Password – Suspension and Discontinuation of Service.
You acknowledge and agree that Agrobit s.r.l. may, in its sole and exclusive discretion, disable your password and account or discontinue your use of the Service where it believes that you have violated or acted inconsistently 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 prior notice. In the event of interruption, termination or suspension of the service for reasons of force majeure, Agrobit s.r.l. will make every effort to maintain the records and allow their recovery to the User, not assuming, however, 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.
Art. 11 – Fee
Agrobit s.r.l. offers free and paid subscriptions. The price for using the service may vary. Please make sure you understand the price and payment terms before paying.
12 – Duration
This contract is for an indefinite term and will be periodically renewed annually or monthly through payment of the periodic fee. These TOS shall be deemed applicable for the entire duration 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@example.com or in the case of domestic users by pec to firstname.lastname@example.org, 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@example.com or in the case of domestic users by pec to firstname.lastname@example.org within 3 working days of the communication of price changes.
Should the User decide 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 to refunds.
Art. 13 – 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 14 – 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.
Art. 15 – 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.
The Licensor warrants that the software upon 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 by 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 LD. 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. 16 – Age limits
Agrobit s.r.l. and related services may be used only by those 18 years of age or older. The Provider assumes no responsibility with respect to the use of the Service by minors.
Art. 17 – 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 default was caused by an event beyond its control; and that (ii) it was not reasonable to expect it, when entering into this Agreement, to take into consideration the possibility of the occurrence of such an event and its effect on its ability to perform; and that (iii) it was not reasonably possible to avoid or remedy said 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.
In the event that 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 Force Majeure Event, the performing Party may refrain from performing some of the obligations herein 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 a Force Majeure Event.
Article 18 – Communications
Any communication between the parties shall be in writing and, except where explicitly provided for 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 during registration.
Article 19 – Applicable Law and Jurisdiction
These TOS 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. Any dispute inherent in, arising out of, or in any way connected with these TOS or the use of the Service shall be submitted to the jurisdiction of the Court of Florence, after an attempt at conciliation to be carried out at a Mediation Body accredited with the Ministry of Justice, based in Florence, if applicable.
Art. 20 – 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 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 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.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the user declares that he/she expressly approves the following articles of this contract: art. 7 (data retention); art. 10 (suspension and interruption of service); art. 12 (duration); art. 14 (limitation of liability); art. 15 (guarantees); art. 19 (applicable law, conciliation clause and competent court)