Last modified: 01.01.2017.
1. General Terms
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand their meaning. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical: "Agreement" means these Terms of Service; "Service" refers to the services that we provide through our Site, as well as any "Site" refers to our websites, www.agrivi.com, and its subdomains, beta.agrivi.com, app.agrivi.com and help.agrivi.com; "Agrivi," "us," "we," and "our," refers to our company Agrivi d.o.o., our Site or our Service, depending on the context of the usage; "User" refers to you, those who use our Services, and general visitors to our Site; "You" refers to you, the person who is entering into this Agreement with Agrivi d.o.o.
3. Description of Service
Agrivi is online farm management software that helps farmers to manage their agriculture production, finance, inventory and provides them analytic tools for analyzing their data. The service is accessible through our Site.
4. User Accounts
Before using Agrivi, you will need to sign up for an account by providing us with your name, company name and e-mail. We may also require additional information from you if necessary. Your credit card information will be provided to FastSpring, our third party payment processor. We have the final discretion in granting accounts and reserve the right to reject users without explanation. We will never disclose your personally identifying information to third parties without your consent. However, we may provide non-identifying information to third parties in an aggregate form. We may at our discretion restrict, limit or revoke your ability to register or use Agrivi at any time.
5. Use of Agrivi
When using any of our Site and Services, we grant you a personal, limited, non-exclusive license use our software. When you use our Service you are granted a license only for your personal use. This means that you cannot sell our Service, share your license with anyone else, reverse engineer or otherwise attempt to copy our Service, or try and make money off of it without our express written permission. Even if we offer our Service for free, you must still abide by these provisions and not copy or otherwise use our Service in a manner prohibited by this section. You obtain no ownership rights when you purchase our software, but are instead buying (or, in the case of a free use, being given) a license to use our software within the confines of this Agreement. When using our Site or Service, you assume full responsibility for your use and agree not to use it in ways not explicitly authorized by Agrivi. You are responsible for your use of Agrivi, and for any use of Agrivi made using your account. You agree not to access, copy, or otherwise use Agrivi, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Agrivi. By using our Site and Service you agree to the following:
- You agree not to transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our reasonable opinion;
- You agree to provide truthful and accurate content;
- You agree not to violate any contract, rules or policies that govern the use of your mobile device, as directed by your wireless carrier and/or mobile device manufacturer;
- You agree not to transmit any malicious or unsolicited software;
- You agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to Agrivi;
- You agree not to interfere with or disrupt Agrivi;
- You agree not to hack, spam or phish us or other users;
- You agree to act within the bounds of common decency when using our website;
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree not to collect or store personal information about other end users;
- You agree to not violate any law or regulation and you are solely responsible for such violations;
- You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Site or any of our Services;
- You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a thirty party's website, such as by requesting its removal from a search engine;
- You agree not infringe upon our intellectual property unless you have our permission to use it in the specific manner that you used it;
- You are expressly prohibited from accessing Agrivi through a virtual private network or by proxy.
6. Intellectual Property Rights
The design of the Agrivi Service along with Agrivi created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Agrivi d.o.o., subject to copyright and other intellectual property rights under Croatia and foreign laws and international conventions. Agrivi reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.
7. Content and Privacy
Agrivi offers both free and paid subscriptions. After registering for a paid Agrivi subscription you will be prompted for payment information and you will have to submit a credit card as payment. The price to use our Site and Service may vary. When paying please verify that you understand the price and the terms and conditions of payment. If you are purchasing a monthly plan, please be aware that your credit card will be charged and automatically billed on a monthly basis without additional notice to you. We reserve the right to raise our monthly rates at any time; however, we will provide you with notice of the fee increase. Your information will be disclosed to our third party payment processor, FastSpring, to process payments. You may cancel your account with us at any time which will stop new payments for the Service subscription. However, refunds are not granted for previously executed payments of the Service subscriptions.
9. Representations and Warranties
We make no representations or warranties for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to this agreement or our Services, for reasons including, but not limited to, failure of our service, neglience, or any other tort. You agree that we are not responsible in any way for damages caused by thir parties who may use our services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct with you. We are not liable for any failure of the goods or services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevents access to our website temporarily or permanently. The provision of our service to you is contigent on your agreement with this and all other sections of this Agreement.
10.Limitations on Liability
Agrivi, its employees, agents, officers, directors and other staff in no event shall be liable to you for any direct, indirect, incidental, special, punitive or consequuential damages whatsoever resulting from (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature, resulting from your access to and use of our services, (III) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interuption or cessation of transmition to or from our services (V) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Agrivi shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Agrivi shall not be liable for any business problems that arises by using our Site and Service. All content provided to you by the Site and Service is informative and the decision to react based on provided information is your own decision and liability, so you should consider all facts properly before taking any business decision. In the event of any problem with our Site, Service or any content, you agree that your sole remedy is to cease using our Site, Service or any content. Agrivi is not liable to you or to third partis for any damage, harm, injury or claim that arises from your use of Site, Service or any products purchased from our Site. For your convenience, the following are some important details of this Agreement that affect your rights and remedies:
- We take no responsibility and assume no liability for any user content that is posted, stored, uploaded, or transmitted to us, or for any loss or damages that may occur because such member content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity;
- We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of Agrivi, whether arising in tort or contract, law or equity;
- Your ability to use or interact with this website is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law at our sole discretion.
Agrivi shall not be liable for any other reason or for damages, even if we have been advised of the possibility of such damages. In the event that this clause is prohibited or restricted by applicable law, our liability shall be limited to the lowest legally required amount. The Service is controlled and offered by Agrivi from its facilities in Croatia, European Union. Agrivi makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold Agrivi d.o.o., its employees, agents, officers, directors and other staff from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (I) your use of and access to the Agrivi Site and Service; (II) your violation of any term of these Terms of Service; (III) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (IV) any claim that any of your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Agrivi Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
12. Age restrictions
Agrivi and its Services may only be used by persons 18 years and older. If you are under the age of 18 please do not use our Site and do not submit any information to us.
13. Choice of Law
This Agreement shall be governed by the laws in force in Zagreb, Croatia, European Union. The offer and acceptance of this contract is deemed to have occurred in Croatia. You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest Zagreb, Croatia, European Union. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party's reasonable attorneys' fees, court costs, and disbursements.
14. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other's operation, Agrivi shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
17. Termination and Cancellation
We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Cancellation may result in the immediate deletion of any content that you have submitted to Agrivi. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.