1.
ABOUT
THESE CONDITIONS
Before using any of our Products,
please take a few minutes to review them carefully:
(i)
these
General Conditions;
(ii)
our privacy notice
at https://appdigiproyprd.azurewebsites.net/PrivacyPolicyDigiProy.html("Privacy Notice"): This provides more information
about how we process personal data as data controllers and your rights.
(iii)
Conditions of the
special offer.
These General Conditions and the Conditions
of Special Offers constitute a binding legal agreement between you and us in
relation to the use of our services. We will refer to them as "Agreement".
In the event of a conflict or inconsistency between these General Conditions
and the Conditions of the Special Offer, the Conditions of the Special Offer
(Commercial Offer) will prevail.
In order to use any of the Products,
you must first: (i) create or own an Account; and
(ii) read and accept this Agreement.
This Agreement makes use of certain defined terms
(which we have capitalized). Such terms are defined throughout the Agreement or
in the sectiontwenty(Defined
terms).
We are "Camposol"
- Camposol, Av. El Derby 250 Floor 4 Urb. El
Derby de Monterrico Santiago de Surco Lima Peru.
In this
Agreement we use the terms "we", "us" and "our" to
refer to Camposol and our group companies.
By using our Products and agreeing
to these Terms and Conditions, you agree that you are a business user, acting
on behalf of and for the purposes of your business, whether a company, sole
trader or any other form of business entity (your "Business"). ").
We do not offer our Products to consumers.
Unless the context requires otherwise,
in this Agreement, "you" and "your" refer to both the
person (user) who has created an Account to use the Products and the Company on
whose behalf the Account has been created. .
Please note that the Company will
be responsible for the processing of personal data that you communicate to us when
using the Products (see section 16).
The user who first creates an Account
on behalf of a Company will be the "Primary User." If you are the
Primary User, you must have the authority to bind your Company to this Agreement.
The Primary User may add another user
(a "Secondary User") to their Account in two ways:
(i)
sharing access
to the primary user's account data with a secondary user of the product; I
(ii)
by creating Secondary Userswho are representatives
of the Primary User's Company who are authorized to perform specific tasks
through the Product.
If you are a Secondary User, you should
be aware that the Primary User may limit or otherwise restrict your ability to
use the data in the Primary User's Account.
Regardless of whether you are a Primary
or Secondary User, you must comply with the terms of this Agreement.
5.
MODIFICATIONS
TO THIS AGREEMENT
We reserve the right to make changes
to this Agreement or any part of it (including these Terms and Conditions and
any Special Offer Terms) at any time, including when we release new or updated
Products.
If you do not accept such updates, you may be denied access to the Products.
The Products use Your Inputs (as defined
in sectiontwenty)
and process them, including through the use of extrapolation, combination with
data and knowledge from other sources, and the use of algorithms andstatistical models developed by Camposol, in order to produce the Results.
The Results are intended to be used to support and
inform agronomic decisions made independently by you or, whereuse the
Products as part of a service you provide to your CustomersEnds, by you and your End
Clients. The Products, including the Results, must not be used for any other
purpose. In particular, you agree not to use the Products (and the capture of
personal data, device location or other location data enabled by the Products)
for the purpose of monitoring the behavior or location of any person.
ATTENTION - TheResults that products provide depend on
some factors that we cannot control:
· Algorithms- The orientationfor agronomic decision making is generated by algorithmsvery complex that cannot represent all the
peculiarities of each case. We are constantly trying to improve our decision
support approach. Therefore, it is essential that you use your professional
judgment as to the safety and appropriateness of any results.
·
Your entries: quality,
precisionand timeliness of the data you enter will affect
the outputs.
· Third party data: Although we take
reasonable care to ensure the quality and accuracy ofassociated third party data, some third party data is made available for
use without any guarantee that it is correct or error-free.
· Agricultural product data may not be fully up to date:We take reasonable
steps to ensure that agricultural product data (for example, information on Camposol and third-party seed varieties, crop protection products
and agricultural equipment) is up to date when we publish a Product. New or
updated agricultural product data may be posted from time to time, but will
only be incorporated into our Products periodically when we post an update.
Therefore, you should not rely on the Products to be an authoritative and
up-to-date source of agricultural product data.
· Real world conditions: You may not achieve the desired results (e.g. drift reduction, yield, pest
control) predicted by the Products because real-world conditions, such as weather,
are variable and may be different from conditions in the for which the equipment
was tested or for which algorithms and statistical models were developed.
· Time- due
to the nature of weather forecasts, forecasts provided by our weather partners
will not be entirely accurate.
· The customizable profiles or settings thatyou have specified in the
Products (or that a Primary User has specified for you), for example, risk
thresholds.
The results should not be
used as the sole basis for making agronomic decisions.
Information about Camposol products.Any information contained
or referenced in the Products relating to Camposol
and its seeds or crop protection products and services is providedto support and inform your independent agronomic decisions.For additional information or inquiries about our seed
varieties, crop protection products or services, please contact us directly.
If you intend to use a plant protection or seed
product (whether from Camposol or a third party) you
must read and follow the label accompanying such product and comply with all
applicable laws and regulations in your country regarding the use of such
product. product. Before using any product, make sure it is registered for use
in your country.
7.
PRODUCT
CHANGES
We reserve the right to change any of the Products
(including their Features and other content and functionality) from time to
time, and this may in turn make it necessary to make changes to this Agreement,
following the process set out above. Except to the extent expressly set forth
in this Agreement, Camposol will not be liable to you
in any way for the possible consequences of changes to the Products or this
Agreement.
It's his responsabilitykeep your Account password secure. This includes choosing a complex password that is not used for other accounts, and not sharing your password with anyone else or giving them access to your Account. If you forget your password, you can reset it.
The Products contain Trademarks and Content that are the
property of Camposol or its licensors and that are
protected by intellectual property and other rights and laws. Camposol and its licensors retain exclusive ownership of
the Products, their Contents and Brands. You may not reproduce, display or
otherwise use any Marks except as provided below. When you use the Products as
part of a service you provide to your End Customers, you must not hold yourself
out as the owner or exclusive licensor of the Products, their Content and
Trademarks, or represent them as yours when dealing with your End Customers.
10. YOUR LICENSE TO USE
THEPRODUCTS
You are granted the non-exclusive,
non-transferable, non-sublicensable right to use the
Products and to download, run, store, print, copy and share the Products while
this Agreement applies to you, provided that you only use the Products within
your Company (or, if you use the Products as part of a service you provide to
your End Customers, within your End Customers' companies) in a manner that
complies with this Agreement (in particular the section6) and do not modify the
Products in any way (for example, by deleting or altering any Trademarks or other
notices). You may not sell, rent, license or otherwise transfer the Products to
third parties or generate Products for third parties (except, when using the
Products as part of a service you provide to your
end Customers, for the end Customers). Any third party wishing to use the Products
must create their own Account.
Except as indicated above, no other
rights in the Products or any of their Content are transferred to you. For example (without limitation) you may not do the following
without first obtaining Camposol's written
permission: publish, display or transfer the Products or link to them from any
other publicly available site.
We warrant that, when used correctly
and in accordance with this Agreement and any other instructions issued with or
as part of the Products, the Products will perform substantially in accordance
with this Agreement. When you use the Products as part of a service you provide
to your End Customers, you acknowledge that this warranty is provided solely to
your Company and that no End Customer may rely on it.
You represent and warrant that:
(i) Your Entries (as defined below in sectiontwenty) were obtained in
accordance with and continue to comply with all applicable laws, and you have
the necessary rights to enter or upload Your Entries to the Products and to
grant the license set forth below in section13("Your grant of license to Camposol");
(ii)
Where Your Entries include personal
data relating to a person other than yourself (e.g. name, email address, device
geolocation data, images), you (as the relevant Company) will have established
a valid legal basis under the applicable data protection legislation to process
such personal data, and will otherwise comply with its obligations as a data
controller (see section16), including in relation to transparency;
(iii)
Your Inputs do not infringe the
intellectual property, privacy or other rights of third parties and Camposol will not need to obtain licenses from or pay
royalties to third parties; and
(iv)
You will keep your account information
(including company details and details of authorized primary and secondary
users) up to date at all times.
The Products may require Your Inputs
(as defined below in section 20). You hereby grant us a non-exclusive, worldwide,
transferable, royalty-free, sublicensable, perpetual
right to use your Inputs for the purpose of producing the Outputs and otherwise
enabling your use of the Products, as well as for We use them to improve our
Products, develop new products and any other purpose we determine, always
subject to the terms of this Agreement. You may not be able to use certain
features of the Products if you do not provide the required information. As
between you and Camposol, you are the owner of Your
Inputs.
14. OUR USE OF ANONYMOUS DATA
To the extent
Your Entries include personal data,We will only use such personal data in accordance with our Privacy Notice
and section16.Without limiting the foregoing, you acknowledge that we may aggregate or
otherwise anonymize any personal data included in your contributions so that
they no longer constitute personal data ("Anonymized Data"), and that
our use of the Anonymized Data is not limited by our Notice of Privacy.
You agree to comply with applicable laws when using
the Products. You agree not to use an automated system to access the Products,
facilitate unauthorized access by any person to the Products, or alter the
functionality or availability of the Products. You agree not to decompile, reverse
compile, disassemble, reverse engineer or otherwise reduce to a
human-perceivable form all or any part of the Products or their Content, or
attempt to obtain the source code or create derivative works.
.
You understand that any
personal data included in your Inputs that we use to produce the Outputs is
processed by us as a data processor, on behalf of you (as the relevant Company)
as a data controller. WithregardFor such personal data, we, as processors, will comply
with the provisions of Article 28(3) of the General Data Protection Regulation
("GDPR"), which are incorporated by reference into this Agreement.
For the purposes of Article 28(2) of the GDPR, we are generally authorized to
appoint sub-processors, provided that such appointments comply with Article
28(4) of the GDPR. For the purposes of Article 28(3)(h) of the GDPR, you
acknowledge that your right to an audit or inspection will be satisfied in the
first instance by the submission of an internal audit report. In the event that
such report does not address your concerns, you will have the right, at your
expense, to conduct a maximum of one audit (by yourself or an authorized
auditor) per calendar year.
Furthermore, you understand
that the above obligationsThey apply only to
personal data that we process on your behalf as data processors, and not to
personal data that we process for our own purposes as data controllers. Please
see our Privacy Notice for more information about our processing of personal
data as data controllers. When you use the Products as part of a service you
provide to your End Customers, you must ensure that each End Customer, as well
as each data subject associated with an End Customer whose personal data is
provided to us, has been directed to our Privacy Notice. .
As a data controller, you acknowledge that you are responsible for ensuring the lawfulness of the processing of personal data, including the obligation to provide a privacy notice to data subjects whose personal data is processed in the context of the processing of the data. Products.
The Products and their Contents are provided "as is", "as
available".
We do not guarantee that the Products
will always be available. Although we will try to minimize disruption and
inform you in advance of planned closures, we reserve the right to close the
Products without prior notice.
To the maximum extent permitted by
applicable law, and except as expressly set forth in this Agreement, Camposol and our respective service providers and licensors
disclaim all representations and warranties of any kind, including: (a) all
warranties of merchantability , fitness for a particular purpose, ownership and
non-infringement with respect to the Products and their Contents; (b) all warranties
relating to delays, interruptions, errors or omissions in the operation of the
Products or any part of the Products; (c) all warranties relating to the
transmission or delivery of the Products or their availability at a particular
time or place; (d) all guarantees relating to the availability of your Tickets
- you must retain copies of your Tickets and not rely on our Products as the
primary means of storing them (e) all guarantees relating to the security of
the Products or that the Contents are free from viruses, worms or other code
that may manifest contaminating or destructive properties; and (f) all
warranties regarding the use, validity, accuracy, timeliness, integrity,
suitability, reliability and availability of the Products and Content.
Our Products may contain hyperlinks to websites
that are not operated by us or other companies in the Camposol
group. These hyperlinks are provided for your reference and convenience only,
and do not imply any endorsement of the material on these third party websites.
nor any association with its operators. Camposol does not control these websites and is not
responsible for their content. You access and use these websites at your own
risk.
Your use of the Products and
their Content is at your own risk. To the maximum extent permitted by
applicable law, Camposol and our respective service
providers and licensors will not be liable to you (whether in contract,
negligence, tort, strict liability, breach of statutory duty or otherwise) for
any loss or damage arising out of or in connection with: (a) your access, use
or inability to use the Products or their Contents or your reliance on the
Contents; (b) for possible errors or omissions in the Contents; or (c)that the Account information you provide us
is incorrect, incomplete or not updated. This
exclusion of liability applies to all losses and damages of any kind, whether
direct or indirect, including, without limitation, business interruption, loss
or damage to data, crops or goodwill, and loss of income or profits, even if Camposol knew or should have known of the possibility of
such loss.
19. APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed by
the laws of the country in which Camposol has its
registered office, without regard to principles of conflict of laws, and the
(ordinary) courts of the place of Camposol's
registered office shall have exclusive jurisdiction for any claim. related to
this Agreement.
In this Agreement, the following terms will have the following definitions:
"Account" meansa user account that
creates a Primary User and to which you can give access to Secondary Users.
"Contents" means the following and
all intellectual property rights therein: (i) the
Products; (ii) the design, features, functionality, navigation and appearance
of the Products; and (iii) the Comments.
"Final
client" means a
company to which you provide a service using one or more of the Products.
"Characteristic" means a functional element within a Product.
"Feedback" meansratings, comments, reviews, suggested
improvements, opinions and ideas submitted by you or other users through the
Products.
"Results" refers to weather forecasts,
historical weather data, satellite images, guidelines for making agronomic decisions, agricultural input recommendations and any other results you
obtain through the Products.
By "Product" means a web module, smartphone
application or other service, including mobile applications for agricultural
data exploration, analysis, spray decision support, product selection support,
etc., that we make available availability of users. Products may contain one or
more Features and, unless otherwise specified, the term "Product" includes
its Features.
By "Special Offer
Conditions" means all conditions
that apply to the use of a Product or any Feature(s) of a Product.
"Brands" means trademarks, service marks and logos.
"Your data" means the information and
data that you upload, input, transmit, store or otherwise make available through
the Products, as information about an agricultural holding, field location,
maps, boundaries, information on local weather or climate conditions, sowing
date, emergence date, field-specific application times, last treatment date,
field zone-specific application scripts for plant protection products, agronomic
practices, crop losses, crop yields, field observations, images, field-specific
growth phases, previous applications of plant protection products, their
selected thresholds (e.g. for pest, disease or weed pressure For example, pest,
disease or weed pressure).