a) "Farmcontrol" provides services and equipment for agricultural holdings and other entities deemed appropriate. It is a product developed and owned by Farmcontrol, SA, NIPC PT510712762, registered at the respective Commercial Registry Office, under the same number, with an office at Rua Alfredo da Silva, 12 2610-016 Alfragide – Portugal, hereinafter referred to as “Farmcontrol”.
b) These “General Conditions” regulate the contractual terms applicable to temporary non-exclusive licensing and the use by you (the “User”) of the Farmcontrol platform and its equipment, without prejudice to other specific documents that the parties may contract (the latter hereinafter referred to as “Particular Conditions”).
c) The set of these General Conditions and, possibly, of the Particular Conditions that the User has contracted with Farmcontrol constitute the contractual terms that regulate his commercial relationship with Farmcontrol. In the event of any contradiction between the provisions of these General Conditions and the provisions of the Particular Conditions, then the Particular Conditions shall prevail.
2. Registration and acceptance of contractual terms
a) The use of the Farmcontrol platform requires a registration by the User, within which the User will be asked for personal or other data.
b) The use of the Farmcontrol platform assumes full knowledge and acceptance and without reservation of the Contractual Terms by the User.
c) The User accepts that when he registers with Farmcontrol he is giving his consent to be sent emails and / or text and / or voice messages resulting from his use of the service, namely related to notifications, alerts and information about new features.
3. Provision of Services
a) Farmcontrol seeks that access to the platform and equipment is available on an ongoing basis but cannot guarantee that access is permanently available.
b) Access to the platform may not be available, namely, for reasons beyond the control of Farmcontrol, for suspensions or interruptions in access or communication networks or in the availability of the services that underlie them, for maintenance tasks or due to the performance of interventions for resolving errors or incidents. Farmcontrol will always and in any case look for suspensions or interruptions to be as brief as possible and will disclose prior information in case of scheduled or previously known interventions but cannot be held responsible for the impossibility of access due to failures or unavailability of the Web access.
c) At the same time, the User acknowledges and accepts that Farmcontrol may need, at its discretion, to temporarily suspend and for a reasonable and strictly necessary period, access to the platform for Users, without prior notice in the scope of innovation for the addition of new features or changes of the graphic appearance or existing features.
4. User license
a) The use of the Farmcontrol platform assumes the payment of a “Software as a Service” monthly Fee in accordance with the agreed specifications and considering the prices in force at the time of the renewal, to which are added the taxes that apply to them under the legal terms.
b) If payment is not made within 30 days after expiration, the User will lose access to the platform.
c) In cases where the User chooses to discontinue the service, their historical data will be kept for a maximum period of 90 days.
5. Account use and password security
a) The User acknowledges that Farmcontrol is an accessible service and used by multiple Users and that it is the obligation of each User to ensure the security of their account as a way of also guaranteeing security and preventing the improper access of third parties.
b) The User also assumes and undertakes not to upload (if and when possible) documentation (or other content) that may introduce or disseminate viruses through Farmcontrol or any documentation that violates the law or is offensive. Thus, Farmcontrol reserves the right to remove, without prior notice, any content that may be included in this point.
c) The User assumes and undertakes not to carry out any activity that interferes with or interrupts the operation of Farmcontrol, including servers, networks, interfaces or controllers, assuming which responsibilities for damages caused as a result of such activity.
6. Personal data and privacy
a) The User acknowledges and accepts that the provision to Farmcontrol of personal data concerning himself or others requested in the registration process or during the contractual relationship is necessary for the establishment and maintenance of a contractual relationship between the User and Farmcontrol within the scope of its use.
b) The User undertakes to always provide Farmcontrol with truthful, correct, complete and updated information, the User being solely responsible for its permanent veracity and completeness.
c) Farmcontrol, within the scope of these General Conditions, collects and uses personal data of Users in strict compliance with the provisions of Regulation (EU) 216/679, of 27 April 2016.
d) Farmcontrol collects and uses the following personal data from Users: i. Name - for user identification on the Farmcontrol platform, providing access to the various services, features and applications available as a registered user, as well as to allow support contacts or after-sales service when necessary. ii. Email - to send notifications previously subscribed by the user, to disseminate service functionality updates, including security updates, as well as to allow support contacts or after-sales service when necessary. iii. Telephone contact - to send previously subscribed notifications and to allow support contacts or after-sales service when necessary.
7. Property Rights
a) Property Rights: Farmcontrol holds the intellectual and industrial property rights for the products and software presented.
b) Restrictions: The customer may not under any circumstances, and unless expressly authorized by Farmcontrol i) allow third parties to access the service provided, ii) copy, use, disclose or transfer directly or indirectly part or integral of the equipment and service provided, iii) practice reverse engineering or iv) access services and equipment in order to build another product or service and / or copy any functions, graphics or features.
c) Application and product code: If, for any reason, Farmcontrol creates computer code and / or specific developments, these will be the property of Farmcontrol.
d) Customer data: the data obtained is the property of the customer. The client authorizes Farmcontrol to access, verify and manipulate it, always aiming at the client's needs and / or anonymous statistical treatment.
8. Confidential Information
Both parties must maintain the same confidentiality care that they maintain with their own information, thus not using any confidential information resulting from the contractual relationship between Farmcontrol and the User.
9. Disclaimers of Warranty and Limitation of Liability
a) Farmcontrol is intended to be used by professionals who are responsible, under their own responsibility, for interpreting the data, calculations and results provided by its use. Farmcontrol cannot be held responsible for any damage resulting from the use or lack of use of its equipment and services, including interruptions of work, data loss, economic losses or lost profits, or for any damages resulting from the unavailability or inability to use it whose use management is the responsibility of the User.
b) In cases where the User has access to synchronization with other software, Farmcontrol cannot be held responsible for the consequences that any data synchronization failures may cause.
c) There may be situations beyond the control of Farmcontrol that imply functional failures and do not guarantee compliance with the parameters defined in the guaranteed functionalities. These include, but are not limited to, momentary or prolonged power failures, internet connectivity failures, damage to equipment or installation caused by third parties.
d) Farmcontrol, S.A. does not guarantee and declare that the equipment and / or services cannot be compromised or circumvented or that, in all cases, they will prevent any loss by assault, theft or otherwise. It is understood that Farmcontrol is not responsible for the customer's property, as well as the safety of the personnel who will contact the equipment and / or services. In this way, the responsibility of the property or its contents, as well as any life, health or other insurance is the customer's entire responsibility.
e) Farmcontrol is not responsible for any loss that occurs as a consequence or incident related to the use of the equipment and services.
10. Applicable law and jurisdiction
In order to settle any dispute arising from this contract, the jurisdiction of the District of Lisbon will be exclusively competent, with express waiver of any other.
11. Force Majeure
Farmcontrol, SA is not responsible for non-compliance with the respective obligations arising from this contract if the non-compliance is due to external, extraordinary and unpredictable factors, including, but not limited to, fires, floods, thunderstorms, natural catastrophe situations, wars, accidents, riots, or any other disturbances.
12. Term and termination of your contractual relationship
If another term is not established between the parties, the contract is valid for periods of 12 months, automatically renewable for equal periods, if there is no opposition to the renewal notified by either Party to the other 30 days in advance of the expiration date of the contract. current period.
13. Modifications to the Terms
a) Farmcontrol reserves the right, at any time, to make changes to the General Conditions or to the Particular Conditions, obliging itself to notify and make them available through its website and Farmcontrol platform.
b) If the User does not agree with the changes made to the General Conditions or to the Particular Conditions, the User has 30 days to notify Farmcontrol in writing of the termination of the contract.
Updated on December 21st, 2020