Terms and conditions

Preamble

These document define the terms and conditions ("Terms") of functioning of the SatAgro Internet Service ("Service"). The owner of the Service, including the Internet shop being its part ("Shop"), as well as the administrator of the personal data of Service Users ("User") is SatAgro Sp. z o.o. ("Contractor"), entered in the register of economic activity on 07.12.2016, with its registered office in Poland at 93 Żwirki i Wigury Street, 02-089 Warsaw, NIP 7010639032, KRS 0000650481, REGON 365886156.

§ 1. What is SatAgro Service and how much does it cost?

  1. SatAgro service is an Internet platform enabling the use of automatically processed satellite data in monitoring of agricultural areas and precision agriculture.
  2. SatAgro Service is made available to the User within a dedicated subscription for a period of one year, counting from the date of sale.
  3. Prices of subscriptions available on the Website and the range of services offered within them are presented in points 4-9, § 1 of these Terms and Conditions.
  4. The following subscription types are available:

    5. Plan:

    Starter

    Professional

    Premium

    Expert

    Gross annual fee :

    0.0 PLN/ac

    8.0 PLN/ac

    12.0 PLN/ac

    16.0 PLN/ac
  5. The default subscription fee available after registration on the Service (§ 2) is the Starter Subscription. This subscription fee is available free of charge and provides data for one area with a maximum total area of 50 hectares.
  6. The following data and services related to the defined areas are offered for all types of subscriptions:
    • analysis of satellite data showing the variability of the vegetation cover and provision of all cloudless images in the form of:
      • maps: resolution of 10 m (satellites Sentinel 2A and 2B) and 15 m (satellite Landsat 8), satellite flight at least once a week;
      • charts: measurements with a resolution of 230 m (MODIS satellite sensors); satellite flight twice a day;
    • access to all cloudless data from the above-mentioned satellite sensors from the current and previous season;
    • access to the prescription maps creation and analysis module for variable rate application of agrochemicals;
    • creating maps of soil productivity zones for soil sampling and integrating soil analysis results;
    • crop growth and weather charts on monitored areas since 2002;
    • daily updating of meteorological data, including weather forecasts;
    • calculation of the Sum of Effective Temperatures (GDD) and other weather indicators;
    • possibility to display the current location;
    • possibility of introducing and visualize crop and event history;
    • possibility of defining alarms and automatic notifications;
    • possibility of comparing the field vegetation on different seasons;
    • access to the SatAgro mobile application.
  7. Within the Professional subscription, the scope of services available in the Starter subscription is extended by:
    • monitoring an unlimited number of areas within the purchased area;
    • creation of an account in SatAgro and integrating with it information about the boundaries of the monitored area and the crop history provided by the user;
    • possibility to export all maps and charts data available on the Service;
    • possibility to export application maps in formats compatible with agricultural equipment and access to them through the mobile application;
    • integration of electronic maps from the User's private resources with his/her SatAgro account;
    • support service.
  8. As part of Premium plan, the scope of additional services from Professional subscription is extended by the following:
    • access to additional commercial high-resolution monitoring provided by the Planet satellite constellation (only available on the EU and UK);
    • integration of data from the User's weather stations into the SatAgro account (if its data is published and available on the Internet);
    • integration of User's connected sensors (IoT) into the SatAgro account (if its data is published and available on the Internet);
    • agronomic consulting.
  9. The data and services described in paragraphs 6 to 8 are provided on an Internet platform accessible via a web browser. The SatAgro mobile application is an additional platform supporting access to the SatAgro service, however, the amount of data and services available through the mobile application is smaller than in the case of the Internet platform.
  10. The Contractor undertakes that at the time of implementation of new services to the basic, free version of the Website, the User who has purchased a subscription will have access to them at no additional charge.

§ 2. Registration in the Service, User Account

  1. Registration in the Service is allowed only for persons who are over 16 years of age.
  2. Use of the Service requires the following equipment:
    • a computer with a current version of Windows, MacOS or Linux operating systems; or smart mobile phone (smartphone), tablet or other device typically used for Internet use, the display of which is at least 1024 by 756 pixels;
    • broadband Internet connection;
    • current version of Firefox, Chrome, Safari or Microsoft Edge web browser;
    • JavaScript language and CSS Styles enabled in your web browser;
    • an active email account;
    • for use with SatAgro mobile application, mobile phone or tablet with version 5.0 or higher Android system.
  3. Use of the Service requires registration by performing the following actions:
    • enter your active email address and select your username and password for your SatAgro account;
    • activation of the account by entering a link sent to the User's email address;
    • login to the Service using the given username and password.
  4. With the registration on the Website, the User shall gain access to the User Account, which enables the use of the Website services, as well as access to User's data and the possibility of their modification.
  5. The User is obliged to store data necessary for registration in the Service in such a way that it is impossible for unauthorized third parties to read them.
  6. The Contractor reserves the right to make a final decision concerning the opening of the User's account, including refusal to open an account without giving any reasons.
  7. In order to remove the account using the Starter plan you should contact the Contractor by sending an e-mail to: office@satagro.eu. The deletion of accounts in other plan types is related to the termination procedure of the purchase agreement between the User and the Contractor, regulated in section 8.

§ 3. Placing of orders, concluding the Sales Agreement and making payments

  1. Users authorized to purchase services in the Online Shop are persons holding a SatAgro Service User account.
  2. To place an order, after registering or logging in to the Service, the User selects one of the Subscriptions by clicking on it from the Online Shop.
  3. Execution of an order in the Service requires acceptance of these regulations.
  4. When the User places an order for services in the form of a paid Plan fee, the Sales Agreement is concluded.
  5. The Store delivers to the User via electronic mail (to the e-mail address provided during registration) confirmation of conclusion of the Subscription Sale Agreement and, if the User requested to be issued while making an order and provided the necessary data, a VAT invoice. The invoice will also be delivered by e-mail.
  6. In the case of paid subscriptions, the User has the right to choose among the following forms of payment depending whether they are handled on its location:
    • payment by credit card or bank transfer through PayU service;
    • payment by credit card or bank transfer via Stripe service;
    • an independent payment by bank transfer outside the Online Shop.
  7. In the case of sub-paragraph a (§ 3, Art. 6), payments shall be made immediately after the choice of the option through PayU's payment gateway. In case of selection of this method, payment will be handled by PayU SA with its registered office in Poznań (60-166) at 182 Grunwaldzka St. (KRS: 0000274399)
  8. In the case of sub-paragraph b (§ 3, Art. 6), payments shall be made immediately after the choice of the option through Stripe's payment gateway (card payment). In case of selection of this method, payment will be handled by Stripe Inc. with its registered office at 510 Townsend Street in San Francisco, CA 94103, United States
  9. In the case of section c (§ 3, par. 6), the User is obliged to make the payment within 2 working days. The date of payment of the amount due shall be deemed to be the date of issuing an instruction to transfer funds to the Contractor's bank account.

    10. Details of the Contractor's bank accounts:

    SatAgro Sp. z o.o.
    93 Żwirki i Wigury St.
    02-089 Warsaw (Poland)

    Currency Account number Bank SWIFT
    EUR PL 39 1140 2004 0000 3212 0816 6573 mBank S.A. BREXPLPWMBK
    USD PL 34 1140 2004 0000 3412 0816 6565 mBank S.A. BREXPLPWMBK
    PLN PL 46 1140 2004 0000 3502 7884 7518 mBank S.A. BREXPLPWMBK
    CZK PL 89 1140 2004 0000 3512 0964 7977 mBank S.A. BREXPLPWMBK
  10. The Contractor reserves the right, in justified cases, to additional verification of User's data, e. g. by telephone.

§ 4. Protection and processing of User's personal data

  1. By registering or placing an order, the User agrees to include in the database of the Service and to process personal data provided to the Service in accordance with the Regulation (EU) of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (for convenience, we will continue to use the abbreviation "general regulation on the protection of personal data"), in relation to the personal data of Users who are natural persons.
  2. The Contractor guarantees all rights resulting from the general regulation on personal data protection, i.e. the right of access, rectification and deletion of the User's data, limitations of their processing, the right to their transfer, not being subject to automated decision making, including profiling, as well as the right to object to the processing of personal data.
  3. The Service processes (e.g. collects, stores, analyses, etc.) personal data of Users for the following purposes:
    • creating and managing User Accounts or Accounts;
    • enabling the provision of the contracted services by electronic means;
    • guaranteeing full use of the SatAgro application, providing support for the User Account, including the solving of technical problems;
    • handling of User requests transferred, in particular, to the User Service Department and through the contact form;
    • contacting the Users, including for purposes related to the provision of services, user service, permitted marketing activities, through available communication channels, in particular e-mail and telephone;
    • save the settings, configurations and given default values;
    • ensuring the security of services provided by electronic means, including enforcement of these Rules and Regulations and preventing fraud and abuse;
    • handling of possible complaints;
    • direct marketing of our own services or those of third parties or goods;
    • performance of obligations arising from the provisions of law, including tax or accounting regulations;
    • ensuring the handling of payment services, securing payments in the service and the collection of receivables;
    • conducting court, arbitration and mediation proceedings;
    • carrying out scientific research and statistical analyses;
    • conducting backup and archiving activities;
    • ensure accountability.
  4. The Contractor shall not transfer the Users' personal data to third parties without their consent, with the exception of making such data available to public bodies fighting against fraud and abuse, including in connection with ongoing proceedings concerning possible infringements of law or in combating other possible infringements of the Regulations.
  5. The Contractor may share anonymized data (i.e. data that do not identify specific Users) with external service providers, trusted partners or research institutions in order to better customize the services for Users, improve the overall quality and effectiveness of services provided by the application, or participate in scientific research with a broad social benefit.
  6. The Contractor reserves the right to provide information which is part of the User's account in a form which does not allow its identification.
  7. The User is responsible for providing false personal data.

§ 5. Protection of the Contractor's intellectual property

  1. The Service, together with all texts, source code, graphics, interactive elements and trademarks, is subject to intellectual property protection of the Contractor, guaranteed by Polish and international law. The Contractor reserves all rights to the Service, including those not listed.
  2. The Contractor grants the User an exclusive license to use the Service account for the duration of the Agreement and a non-exclusive license for an indefinite period of time in the case of products produced for the Ordering Party during the term of the Agreement.
  3. The User undertakes not to copy, distribute or use any of the elements of the Service in any other way than specified in these Terms of Use, or in a written consent issued by a representative of the Website.
  4. In case of a breach of the Regulations by the User, the Contractor reserves the right to suspend or remove the User Account at any time without prior notice or giving reasons. In such a situation, the User shall be entitled to reimbursement of costs in accordance with the principles described in § 8.

§ 6. Limitation of the Contractor's liability

  1. The User accepts the fact that the content provided through the Service is informative and all decisions regarding its use are decisions of the User, for which he is fully responsible.
  2. In no event shall the Contractor be liable in any way for any direct or indirect, incidental or intentional losses resulting from any of the following:
    • errors or imperfections in the content of the Service;
    • errors or imperfections in the operation of the Service;
    • Service usage;
    • unauthorized access to the Service servers;
    • interruption of Service availability;
    • technical circumstances not allowing operators of satellites and meteorological stations to provide data according to a set frequency;
    • fluctuations in the supply of satellite optical sensor data due to cloudiness;
    • viruses, trojan horses and the like, transmitted by other entities to the Website or to the User's computer device via the Website.
  3. The limitation of liability described in § 6, clause 2 shall apply to the highest level permitted by law in the applicable jurisdiction.
  4. In the event of any problem with the functioning of the Service, the User agrees that the only action of his or her side is to contact with the Contractor and eventually to stop using the Service.

§ 7. Guarantees

  1. The Contractor undertakes to proceed immediately with the removal of any defects in materials and workmanship of the subject matter of the Contract after the User has notified the defect to the Contractor and has informed him of the progress of work in this respect.
  2. Repairs under the guarantee are performed by the Contractor free of charge.
  3. In case of a critical error (incorrect operation of the system preventing the User from performing his tasks) the Contractor shall apply an effective method of circumvention within 2 working days from the moment of notification. A critical error should be corrected within 5 working days from the moment of notification.
  4. In the event of a non-critical error, the Contractor shall apply an effective bypassing method within 5 working days from the date of notification. The error should be rectified within 10 working days of notification.

§ 8. The right to withdraw from the Sale Contract and to recover amounts due

  1. The User may withdraw from the Sales Agreement in writing, without giving any reason and without incurring any costs, within 14 days from the date of placing the order. All you need to do is send your declaration before the deadline expires.
  2. In the case of resignation after a period longer than 14 days from the date of placing the order, the Contractor shall reimburse the amount due for the remaining months until the end of the subscription period, counting from the next month after which the resignation occurred.
  3. Withdrawal can be made directly into the SatAgro web application or by filling in a statement, the template of which is included in Attachment No. 1 of these Regulations, and sending it in electronic form by e-mail to the address: office@satagro.eu, or in written form to the following address: SatAgro Sp. z o.o. 93 Żwirki i Wigury St. 02-089 Warsaw (Poland)
  4. The Contractor shall immediately send to the User an acknowledgement of receipt of a declaration of will to withdraw from the sale agreement to the e-mail address indicated by the User.
  5. The Contractor shall not be held liable for any failure to make a refund or delay in payment, if it occurred due to the transfer of incorrect personal data or erroneous account number by the User.

§ 9. Final provisions

  1. The Parties will use their best endeavours to resolve any disputes arising from the implementation of the Agreement and resolve them amicably.
  2. The provisions of the Polish Civil Code shall apply to matters not regulated by the Agreement.
  3. The Contractor shall notify registered Users of any changes in the Terms and Conditions by e-mail with the right to terminate the Agreement within 14 days. Amendments to the Regulations shall come into force upon expiry of the notice period. Orders placed before the amendments to the Regulations enter into force shall be subject to the provisions of the Regulations in force at the moment of placing the order.
  4. In case of any questions, information about irregularities in the functioning of the Service, as well as rationalisation motions, the Contractor asks for an e-mail address: office@satagro.net.
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