This document defines the general terms and conditions of use of the “WiForAgri” platform, owned by the First Principle of the Cooperative Society, by the User.
1. In order to allow a complete understanding and acceptance of the general conditions of use, for the following terms, we mean:
“Owner” is the First Principle of the Cooperative Society, having its registered office in Porto Conte Ricerche, Loc Tramariglio, 07041, Alghero (SS), VAT number 01387560913.
“WiForAgri or Platform” is the software for the management of agricultural activity, owned by the First Principle of the Cooperative Society, accessible from the website www.primoprincipio.it.
“Services” are the contents of WiForAgri.
“User” is the person who accesses WiForAgri in order to use the related Services, as a customer or as a guest.
“Contract” agreement entered into between the Owner and the User / customer concerning the use of WiForAgri.
“Conditions” are this document called “General conditions of use” which governs the relationship between the Owner and the User, and the use of WiForAgri.
“Force majeure” are extraordinary and unpredictable events that do not depend on the will of the Owner and therefore cannot be controlled by him, such as, by way of example and not limited to, popular riots, acts of terrorism and war, strikes, riots, trumpets of air, hurricanes, floods, fires, landslides and landslides, losses and damage caused by blackouts, cyber attacks, viruses, interference, hacker activity or other intrusions into security systems.
2. The singular form of the aforementioned terms includes the plural form, and vice versa, whenever the context requires it.
2. Access and description of the Services
In order to use the WiForAgri services, the User / guest must register in advance by entering the name, surname, e-mail address, telephone number, company name and VAT number in the appropriate form. At the end of the registration procedure, the User obtains the assignment of a password.
To access the Platform, the User must authenticate himself in the Reserved Area, inserting the e-mail and the password assigned in the appropriate form. Access to the Reserved Area is allowed both to Users / guests who have registered, and to Users / customers with passwords provided for this purpose by the Data Controller when entering into the Contract.
Once logged into WiForAgri, the User will have access to the following services: a) Creation of multiple independent agricultural lots for their individual management; b) High definition weather forecast dashboard; c) Data visualization and conservation; d) Graphing of real-time and historical data; e) Comparison of data and parameters; f) Alarms on customizable thresholds; g) Field data management features: Phenological phases; Climate adversity; Phytophages Pathologies; physiological disorders; Treatments (treatment agenda; h) Exportable campaign diary (per single lot and / or vintage); i) Forecast models for DSS decision support; l) Geo-localized weather forecast.
1.The Owner declares to be the owner of all moral and property rights relating to WiForAgri and its use, and undertakes to provide the non-exclusive, non-sublicensable, personal, revocable and non-transferable use of the Platform and its Services, within the limits of the provisions of these Conditions and, for the User / customer, also in compliance with the provisions of the Contract.
2.The right of use does not imply any transfer to the User of the property and exploitation rights relating to WiForAgri.
4. Requirements for using WiForAgri
1.The use of WiForAgri is reserved for adult users, or minors with the authorization and assistance of a parent or legal guardian.
2. The Platform can be used, after registration and / or authentication, on devices equipped with an internet connection.
3.The costs relating to access and use of the internet are borne by the User, based on the tariff plan of the telephone operators, as well as the updating of the system software and the implementation of measures to protect the device against any violation of computer systems.
4. Any liability of the Owner is excluded if the Platform is not compatible with the device and / or with the operating system of the same.
5. Access to WiForAgri is subject to acceptance of these Conditions.
1.The price for the User / customer is that agreed in the Contract.
2. For the User / guest, access to WiForAgri, and the use of the related services, is free for 6 (months).
1. These Conditions are considered valid for the entire duration of use of WiForAgri and access to services, or 6 (six) months for the User / guest, the term indicated in the User / Customer Agreement.
2. At least 3 (three) days before the termination of the free service, the User / guest will be notified of this deadline with an alert sent by e-mail or communicated by telephone.
7. User obligations and responsibilities
1. The User can use WiForAgri only to access the Services described in art. 2 of the Conditions, and in compliance with the rules set out in this document.
2. The User must not: i) reproduce, translate, adapt, transform, modify any part of WiForAgri by any means; ii) make any form of distribution to the public of the original of the Platform or a copy thereof; iii) reverse engineer, decompile or disassemble the Platform; iv) create derivative works; v) use unauthorized, illegal, counterfeit or modified software; vi) violate laws or regulations, or the rights of the Data Controller or third parties in relation to access or use of WiForAgri; vii) use the Platform for purposes not compliant with these Conditions and not authorized by the Owner; viii) tamper with or circumvent the security technologies contained in the Services.
3. The User is solely responsible for the access data of his / her account, and for the consequences in the event of unlawful disclosure or use of the same data; all the acts and / or activities carried out through the Platform through the account associated with the User, will be attributed to it, and will have binding effect on it.
8. Intellectual property rights
1. The User expressly acknowledges that all industrial and intellectual property rights inherent to WiForAgri and contained in the relative Services, such as, by way of example and not limited to, computer programs, databases or the like, company, name or company name, trademarks, logos and distinctive signs in general can be protected on the basis of Law no. 633/194, of the articles 2575 and following of the civil code, of Legislative Decree 30/2005, and subsequent amendments, and remain the exclusive property of the Owner and Partners.
2. The aforementioned elements cannot therefore be reproduced in any form nor by any means, nor used, except in accordance with these Conditions.
9.Suspension of the Services and express termination clause
1. The Data Controller has the right to suspend access to the Services as well as, the right pursuant to art. 1456 of the Italian Civil Code, to terminate these Conditions without notice, in the event of violation of Articles 7 and 8 of these Conditions.
2. In any case, the right to compensation for damage by the owner is reserved.
3. The suspension of the Services and / or the termination of law, do not entail the return of the price possibly paid for the use of the Platform.
10. Obligations and responsibilities of the Owner
1. The Owner guarantees the correct functioning of WiForAgri and the use of the Services.
2. The maintenance, updating, and / or repairs that become necessary for technical or operational reasons are communicated to the Users in advance in the manner deemed most appropriate by the Owner. In case of urgent intervention, the communication can be deferred.
3. The Owner cannot be held liable in any way towards the User, except in cases of willful misconduct or gross negligence, in cases where WiForAgri is inaccessible or inoperative for: i) carrying out maintenance, updating and / or repairs, which are necessary for technical or operational reasons; ii) a failure of the internet or server; iii) causes completely unrelated to the will of the Data Controller, including Force Majeure events.
1. The Data Controller may unilaterally modify these Conditions, if this is necessary: i) by the applicable legislation; ii) technical or operational updates; iii) or as a result of changes affecting the Platform Services.
2. The changes are communicated to Users by means of a notice, which is published automatically when using WiForAgri, or sent to the User by e-mail.
3. The changes are communicated to the User ten days before the effective date of the same.
4. The continued use of the Platform by the User, after the above term, constitutes a manifestation of the will to accept the changes made to these Conditions.
12. Assistance and communications
1. The User can request assistance or send communications to the Data Controller by writing to the following e-mail address: firstname.lastname@example.org.
1. The possible tolerance of the Data Controller towards User behavior in violation of any provision of these Conditions, does not constitute a waiver of the rights deriving from the violated provision, let alone waive the right to request the exact fulfillment.
2. The invalidity, nullity or partial or total ineffectiveness of one or more clauses as a result of legal provisions or provisions, does not affect the validity of the Conditions.
14. Applicable law and competent court
1.The Conditions are fully regulated and interpreted in accordance with Italian law.
2.All disputes and / or disputes relating to this document, including those relating to interpretation and execution, will be referred to the jurisdiction of the exclusive forum of Sassari, without prejudice to the provisions of mandatory provisions of the law.