End User License Agreement.

 

Art. 1 – Acceptance of conditions

The service called AGRIALYTICS (the Service) described and offered to the user (the “User”) is provided by Latitudo 40 srl Napoli Via Gianturco 31/c.  The User fully accepts these General Conditions of Use of the Service  by selecting the box next to the wording “I agree with processing of my personal data in conformity with the Privacy Policy. When clicking on “Get Started”, you also agree with the End User License Agreement. ” to the window for registering personal data. The Supplier reserves the right to modify the TOS at any time and without notice. The User can check the current text of the TOS at any time, as well as from time to time updated by Latitudo 40 Srl. The Supplier may also offer additional services which from time to time may be governed by different general conditions. In such cases, the GCUS will not apply to such particular services.

Art. 2 – Definitions

In the body of this agreement, some words or phrases will be used, and it is important that you understand their meaning. Please note that the list is not all inclusive ivo: “CGUS (General Conditions of Use of the Service)” indicates the terms of the service; “service” refers to the services covered by the TOS and in particular to the AgriAlytics software and any related applications; “user / licensee” refers to the user of the services offered and governed by the TOS; “Licensor” refers to Latitudo 40 Srl

Art. 3 – Description of the service

The AgriAlytics software is an application accessible via the Internet in the SaaS (Software as a Service) field. AgriAlytics is a cloud platform, which can be consulted from the web and mobile devices, which analyzes the status of crops, the adequate presence of water and fertilizers, estimates the expected production yields based on historical data, and integrates existing data with those from IoT devices and weather forecasts, allowing every farmer to have all the information in a GIS dashboard.

These data promptly support the farmer in the fight against plant diseases that can attack the cultivation, indicating the most suitable timing for carrying out the treatments, even in a differential way.

Accurate forecasting models provide precise indications on the conditions that favor the spread of a plant disease, often even before it manifests itself.

The AgriAlytics software plans to reprocess the information provided by the customer in order to improve the management of his agricultural production. All information collected will be used in the interest of the customer in order to be able to provide useful tools for the management of their activities. In order to use the Service, it is necessary to obtain internet access by means of devices that are updated and owned by the user. Latitudo 40 Srl does not guarantee the local, temporal and qualitative availability of the internet infrastructure necessary for the transfer of data and, in particular, does not guarantee that the data transfer and sending operations can be performed within a pre-established time frame.

Art. 4 – Obligations relating to registration

In order to use the Service, the User undertakes to:

1. a) provide the information requested during the registration procedure ensuring that these are updated, complete and truthful (“Registration Data”);
2. b) promptly and constantly update the Registration Data so that they are always current, complete and truthful. If the User provides false, inaccurate, not current or incomplete information, or if the supplier believes, based on its own discretionary assessment, that the information provided by the User is false, inaccurate, not current or incomplete, this the latter will in any case have the right to deactivate, temporarily or permanently, the User’s account in question and to prevent any subsequent use of the Service.

The information provided will be treated as analytically described in the articles that follow.

Art. 5 – Information on the protection of personal data

The Registration Data as well as any other information that can be associated, directly or indirectly, to a specific User, are collected and used in accordance with the European Regulation 679/2016 to the Legislative Decree n.196 / 2003 as amended by Legislative Decree no. 101/2018 (“Privacy Code”) and subsequent amendments and additions.

Below is a summary of some information relating to how the User’s data are processed, referring for completeness to the information on the site and in the app downloaded by the User and explicitly accepted after having promptly viewed it:

40. a) The data controller is Latitudo Srl, via Gianturco 31/c Napoli. The user can contact us by contacting our DPO by means of the email privacy@latitudo40.com to request any information regarding his personal data; furthermore, the user can exercise the rights provided for by the regulation pursuant to art. 15-20 of the Regulations always using the email contact privacy@latitudo40.com to ask to access, correct, update, block or limit their use, delete or request the portability of your personal data;
41. b) The “Registration Data” provided is collected and used by the software also by means of IT and automated tools and procedures, for the following purposes: (i) purposes directly connected and instrumental to the provision and management of the Service, in accordance with these CGUS; (ii) with the User’s consent, commercial information, marketing and market surveys, sending advertising material relating to Latitudo 40 Srl products and services; (iii) with the consent of the User, detection of the quality of the Services and the degree of satisfaction of the Users, carried out both directly and with the collaboration of specialized companies; (iv) statistical surveys and data collection for the elaboration of algorithms and optimizations of the services provided.
42. c) The provision of “Registration Data” is mandatory and failure to provide it will make it impossible to proceed with the provision of the Service. Failure to provide data not expressly indicated as necessary for the purposes referred to in point 1, lett. i) will not prejudice in any way the provision of the Service. Specifically, the user can withdraw consent to the use of information for commercial promotion at any time, which will make it impossible for further contacts to be made for the promotion of services or for similar additional activities.
43. d) Some data entered on the platform may be communicated by the supplier for all the purposes indicated above in point 1 to third parties and / or partners, in charge of carrying out activities directly connected and instrumental to the provision and distribution of the Service or to allow us to improve the service offered.

Art. 6 – User credentials

At the end of the registration procedure for the Service, the User obtains the assignment of a reserved account (“User Name or User ID”) and a password (Access Data) of which the User himself is solely and exclusively responsible, also with regard to the activities carried out through their use.

The User, therefore, undertakes to immediately notify Latitudo 40 of any unauthorized use of their password or account as well as any other breach of the security rules of which they become aware; Latitudo 40 cannot in any way be held responsible for any damage resulting from failure to comply with this article. The User is aware that, in order to regulate access to the Service, his or her authentication is exclusively entrusted to the verification of the User Name and Password used by the same. The User is therefore responsible for the custody and correct use of his account, the User Name and the password to access the Service, as well as for any harmful consequence or prejudice that may arise, against Latitudo 40 Srl or third parties, following the incorrect use, loss, theft and / or compromise of the confidentiality of the account, username and password used by the user. All the operations carried out through the account, the User Name and the password used by the User entail the automatic attribution to the same of the operations carried out and the requests made, without exception of any kind. The User acknowledges and acknowledges that Latitudo 40 Srl will always be able to 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 systems and IT procedures used by the same. Provider to regulate access to the Service. The User may communicate the Access Data only to its employees who must use such Data in the execution of their duties. As soon as the User becomes aware of a use of such Data that does not comply with the contractual provisions, he must immediately report the event to the Licensor. Upon receipt of this report, the latter may disable access to the service. In this case, the reactivation of the service will be carried out only after Latitudo 40 Srl has received a specific written communication from the User.

Art. 7 – Data retention

Latitudo 40 Srl ensures the secrecy and security of the storage of the data that are loaded into the system by the user, but is not responsible for the correctness, conformity and accuracy of the data entered. Latitudo 40 may carry out some treatments using internal agents or through third parties and it will be our responsibility to ensure that they comply with the conditions provided for by current legislation.

Latitudo 40 Srl undertakes, in accordance with these conditions of service, to keep the data entered by the User and to make them available for processing through the tools offered by the Service. Latitudo 40 Srl reserves the right to keep customer information anonymized or aggregated for statistical and scientific use aimed at improving the services provided on the basis of a legitimate interest. If the user requests the deletion of the information, these will be deleted from our archives, however the data for which the legal basis of the processing is different from consent will be kept, as mentioned in the information provided. In such cases Latitudo 40 Srl undertakes, if possible, to anonymize or pseudo-anonymise the data related to the statistical and functional activities to improve the service provided.

Art. 8 – Use of the Service

The Service concerns the granting of a personal, limited, non-exclusive license to use our software. The license is granted for personal use only. This means that it is not allowed to sell the service, share the license with other parties, perform Reverse Engineering or otherwise attempt to copy the service. Even in cases where the service is provided free of charge, the provisions of this article must be respected. You will not obtain ownership rights when you purchase our software, but are instead purchasing or, in the case of free use, are licensed to use our software within the confines of these TOS. When using the service offered, you assume full responsibility for the use and undertake not to use it in a way not explicitly authorized by the provider. The user is responsible for the use of AgriAlytics platform and agrees not to access, copy or otherwise use the service, and not to violate the intellectual property and / or registered trademarks, except as authorized by these TOS.

Art. 9 – Copyright and Content Copyright

All the contents present or made available on the website www.agrialytics.com, in any form, are the property of Latitudo 40 Srl or its suppliers and are protected by international laws on copyright and database rights therefore it is not allowed to extract and / or reuse in any way any part of the published content without the express written consent of Latitudo 40 Srl.In the same way, the use of the software downloaded from the site is only permitted and only in compliance with the rules of license of use issued by Latitudo 40 Srl or by its other supplier and obtainable by making an express request to the manufacturer of the same. By way of example and not limited to, the user may not copy, modify, create software derived from or in any way attempt to discover any source code, perform reverse engineering activities, sell, assign, sub-license, confer or transfer to any third party rights in the Software. The User undertakes not to access the Service through an interface other than the one provided or authorized by Latitudo 40.

Art. 10 – Account, Username and Password – Suspension and Interruption of the Service

The User acknowledges and agrees that Latitudo 40 Srl may, in its sole and exclusive discretion, deactivate the User’s password and account or interrupt the use of the Service where it believes that the User has violated or acted in a manner that is incompatible or contrary to the spirit or letter of the terms of service. The User acknowledges and agrees that any suspension or interruption of his access to the Service pursuant to the provisions of these terms of service may also take place without notice. In the event of interruption, termination or suspension of the service due to force majeure, Latitudo 40 will do everything possible to keep the records and allow the User to recover them, not assuming, however, any burden or obligation in this regard. No other rights will be granted to the User.

The user declares to accept that Latitudo 40 srl may interrupt the use of the service in the event that:

– it transmits illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist content or otherwise questionable in our indisputable opinion;

– does not give truthful and / or accurate information;

– pretend to be another person or entity, use a fictitious name or falsify your affiliation;

– collect or store personal information about other end users in any way this can be made possible;

– violate applicable laws or regulations of any kind;

– copy, modify, rent, rent, lend, sell, check, distribute, decode, grant information relating to the security of the service offered to you;

– causes or contributes to the destruction, manipulation, removal, disabling, or compromise of any part of our service, whether it is done intentionally or negligently;

– infringes the supplier’s intellectual property.

The website www.agrialytics.com and the AgriAlytics web platform may contain links to other websites or have services offered by other parties. A link to the third party website does not mean that Latitudo 40 Srl endorses it or is affiliated with it. Latitudo 40 Srl does not exercise any control over the websites of third parties or the contents of the services it provides or the policies adopted by them in their provision. Access to such third party sites or content is at your own risk and we recommend that you always read the terms of use and privacy policies of a third party website before using it. Latitudo 40 Srl will not be liable for any damage or loss related to the use of any content, product or service available on or through any third party website.

Art. 11 – Fees

Latitudo 40 Srl offers free and paid subscriptions. The price for using the service may vary. Before paying, please check that you understand the price and payment conditions.

Art. 12 – Duration

This contract has an indefinite duration and will be periodically renewed on an annual or monthly basis by paying the periodic fee. These TOS are intended to be applicable for the entire duration of the Subscription, from activation and for the entire period in which the Subscription is actually returned.

The User is subscribing to the AgriAlytics Service which will be renewed automatically for the same periodicity initially requested (annual or monthly) and with the same payment method used previously, unless canceled by the User, by disabling the automatic renewal at least on the day. before the deadline by communicating it in case of foreign users by email to marketing@latitudo40.com

The user inside the shop can check his active subscriptions and by clicking inside it he can disable the automatic renewal by simply clicking on the appropriate button.

Latitudo 40 will inform the User in case of subscription price changes, in this case, before the renewal, the User can deactivate the contract by notifying Latitudo 40 in case of foreign users by email to marketing@latitudo40..com.

If the User decides to cancel the Subscription, he will have the possibility to continue using the account until the expiry of the period already paid. The cancellation is not retroactive and does not give the right to refunds.

Art. 13 – Source Code

The license does not grant any rights to the original source code. All the techniques, algorithms and procedures contained in the software and in the related documentation are information protected by copyright and are the property of Latitudo 40 Srl Therefore, they cannot be used in any way by the Licensee for purposes other than those indicated in the TOS.

Art. 14 – Limitations of liability

The User acknowledges and agrees that Latitudo 40 will in no case be liable for any damages of any kind and nature also relating to the loss of profits, commercial goodwill or data resulting, for example from: ( i) use or incorrect use of the Service; (ii) from the procurement of goods and / or services other than goods and / or services purchased or obtained from Latitudo 40; (iii) unauthorized access or alteration of User data; (iv) statements or conduct of any third party.

Art. 15 – Warranties

The Licensor warrants the Licensee against any third party claims concerning alleged copyrights on the software referred to in this contract.

The Licensor cannot, however, be held responsible for any type of damage to the software deriving from unforeseeable circumstances or force majeure and does not provide any guarantee for them.

The Licensor guarantees that the software, upon installation and loading, will be in perfect operating conditions, in accordance with what is described and provided for in this contract and guarantees its implementation according to the rules of the art.

Furthermore, the guarantee given by the Licensor is conditional on the correct functioning of the machines and the relative system program in use by the user by third parties, as well as on the correct use of the system by the same.

The Licensor cannot in any way be held responsible for disservices and / or damages caused by the use of the software covered by this contract in the event of:

1. a) tampering or interventions that compromise the correct functioning of the software carried out by the Licensee’s staff or by third parties not authorized by the Licensor;
2. b) incorrect use of the software by the Licensee or by operators or third parties authorized by the Licensee;
3. c) non-regular operation of hardware or software used by the Licensee, whose maintenance is not performed directly by the Licensor;
4. d) use by the Licensee of hardware or software essential for the development and use of the developed software not supplied and / or recommended by the Licensor, and without the necessary approvals and / or licenses;
5. e) total or partial interruption of the local access or call termination service provided by the telecommunications operator and / or the internet network;
6. f) non-compliance, non-fulfillment and violations of the law attributable to the Licensee, such as, by way of example, but not limited to, violations of Legislative Decree 81/08 or the Privacy Code.

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

AgriAlytics  and related Latitudo 40 services can be used only by those who have reached the age of 18. The Supplier assumes no responsibility for the use of the Service by minors.

Art. 17 – Force majeure

Latitudo 40 Srl will not be responsible for its non-fulfillment in relation to the obligations set forth herein if it is able to prove: (i) that the non-fulfillment was caused by an event beyond its control; and that (ii) it was unreasonable to expect it, at the time of entering into this Agreement, to 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 said event or at least its effects.

For the purposes of this clause, and without the listing offered here being considered exhaustive, a “Force Majeure Event” will include natural disasters, fires, floods, wars (declared or undeclared), civil uprisings, riots, embargoes , sabotage, accidents, labor disputes, strikes, provisions of any public or governmental authority, both local and national, including laws, ordinances, rules and regulations, are valid or invalid, and any other similar or different occurrence.

If a Force Majeure Event occurs, the Party that suffers the consequences (“The defaulting Party”) will inform the other Party of the occurrence of this event and its effects on its ability to implement the contractual agreements. In such case, the parties will meet to take the necessary actions to cancel or reduce the effects of such event. For the entire period in which the Force Majeure Event, or its effects, persist, the Defaulting Party will not be held responsible for its inability to perform its obligations, the execution of which is prevented by the Force Majeure Event, without prejudice to it being understood that said obligations will be fulfilled as soon as possible after the termination of the Force Majeure Event. During the persistence of the Force Majeure Event, the compliant Party may refrain from fulfilling some of the obligations set forth herein, if and insofar as said obligations are correlated with the obligations of the other Party, whose execution is prevented by the occurrence of an Event of Force Majeure.

Art. 18 – Communications

Any communication between the parties must be in writing and, except where explicitly provided for by the TOS, may be made by certified e-mail, by ordinary mail or by simple e-mail to the address provided during registration. Latitudo 40 Srl may make communications regarding changes to these TOS or other issues by entering general notices to users or links to such notices in the Service, or by e-mail to the address provided during registration.

Art. 19 – Applicable law and competent

court These TOS and the relations between the Service Provider and the User are governed by the law of the Italian Republic to which express reference is made. For any dispute concerning, deriving from or in any case connected to these GCUS or to the use of the Service, the Court of Perugia will be competent, subject to an attempt at conciliation to be made at a Mediation Body accredited by the Ministry of Justice, based in Perugia, if applicable. .

Art. 20 – Miscellaneous

These GCUS constitute, together with the Attachments, the only and exclusive agreement between the User and Latitudo 40 Srl and regulate the use of the Service overcoming any agreement previously entered into between the User and Latitudo 40 Srl by Latitudo 40 Srl of its own right, provided for by law or by these TOS, it does not in any case constitute a waiver of the right itself. Should one or more provisions of these General Conditions be declared invalid by the Competent Judge, the parties agree that the judge must in any case try to maintain the effectiveness of the agreements between the parties, as specified in this agreement and the other General Conditions will remain fully valid and effective in all respects. 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 will remain in full force. If two or more provisions of this agreement are deemed to be in conflict, Latitudo 40 Srl will have the exclusive right to choose with an authentic interpretation the prevailing provision in the case in question.

The titles of the articles of the General Conditions have the sole purpose of making it easier to read the same General Conditions and have no legal or practical effect.

Specific acceptance

Pursuant to and for the purposes of articles 1341 and 1342 cc, the user declares to expressly approve the following articles of this contract: art. 7 (data retention); art. 10 (suspension and interruption of the service); art. 12 (duration); art. 14 (limitation of liability); art. 15 (guarantees); art. 19 (applicable law, conciliation clause and competent court).