Thank you for choosing Synelixis’ products and services.
Hereunder are provided the terms of the SynField system (SynField web platform, SynField nodes, SynField Control application and SynField Water Management application, hereinafter collectively referred to as "SynField"), which is provided by Synelixis SA (hereinafter "Company"), located at 10, Farmakidou Street, Chalkida Gr-34100, Evia, Greece. "Use" means direct access to any of the services provided by SynField.
User License Assignment
The Company grants you a SynField license for the agreed period of time including any extensions or renewals thereof. This license is personal, exclusive and non-transitory and concerns the use of SynField. Through this license, you are permitted to use SynField via any compatible device that you either own or just handle for personal use.
In order to access the SynField web platform, you must create a user account, which requires you to provide, among other things, a valid email address in which you will receive communication messages from the Company. During the process of creating your account, you must select a user ID and password. You are responsible for safely maintaining and correctly managing your user ID and password. The Company bears no responsibility whatsoever for any unauthorized misuse of lost or stolen user IDs or passwords.
You are responsible for all activities carried out in your account, regardless of whether the activities are undertaken by you or any third party. The Company bears no responsibility for any unauthorized use of your account. Please contact the Company immediately if you believe an unauthorized third party may be using your account or your account information has been lost or stolen.
Upgrades and Updates
The Company may, at times during the subscription period and without your explicit permission or consent, develop upgrades or updates.
These terms apply to any upgrade or update unless the Company provides other terms with the upgrading or updating. In the event of any discrepancy between these Terms and the "other terms", the other terms will prevail.
The Company may collect and process certain information and data (which may include information that may be used for personal identification of individuals and/or personal data) related to:
- the user of the platform,
- the use of the platform,
- the provision of support services related to SynField.
By using the service you accept and agree that the transfer of data over the Internet is never completely private or secure. Any message or any information transmitted using the service may be read or intercepted by third parties, even if the transmission is encrypted. The Company has taken every modern measure to protect its infrastructure and personal data. However, it cannot guarantee that third parties can not violate these security measures and use your personal data in an illegal manner. By accepting these Terms, you acknowledge that you provide personal information under your own responsibility.
Under no circumstances will the Company claim data generated or added to SynField by you. This data is and remains solely yours.
Storage and transmission of data
In any case, you agree not to store or transmit any data which:
- may possibly cause harm, loss, physical or mental injury, death, disability or distortion to you or any other person or animal,
- may cause loss or damage to any person, object or property,
- may expose children to danger or inappropriate content,
- can cause someone to disclose personal information either directly or indirectly without the prior, explicit and unenforceable consent of the individual,
- contains information or content that may be deemed illegal, harmful, abusive, racist, sexist, defamatory, violating privacy, annoying, immoral, humiliating, threatening, profane or commonly unacceptable,
- is illegal,
- you do not have the right to make available to third parties,
- you know is untrue
You agree that any relationship you create or attempt to create with a Company partner is solely between you and the Company's partner and not with the Company. It is not allowed to copy, personally identify or disclose contact details of an employee of the Company without his/her consent. You also agree that any content that you create does not infringe and will not infringe any third party's rights, including intellectual property or privacy.
Limited Warranty, Disclaimers and Liability
SynField is provided "as is" and under no circumstances substitutes for the farmer. The Company warrants that SynField, if used in an appropriate manner, will operate in accordance with the functions described in its manual and the manual correctly describes its operation in all respects.
SynField is covered by a 24 months warranty. If within the warranty period you notify the Company in writing of any errors or malfunctions of SynField that cause it not to work as intended, the Company will contact you about how the issue can be resolved (e.g. replacement of equipment, upgrading of subscription at no extra cost or refund) as we see fit. The warranty does not apply:
- if the error or malfunction of the service is due to a modification of the device on your part,
- if the error or malfunction of the service is due to the use of SynField in a way other than that described in the manual,
- beyond its end as specified in the contract signed on receipt of the equipment (if any).
The Company is liable for foreseeable losses or damages that you suffer in the event of our failure to comply with these Terms or due to our own negligence but shall not be liable for unforeseen losses or damages. Losses or damages are foreseeable if they are an obvious consequence of our default or if they are named by you and us at the time you were assigned your license.
To the fullest extent permitted by applicable law, no liability is created whatsoever for the Company for any special, incidental, indirect or consequential, positive or negative damages or losses, lost profits or any other damages (including lost data, interruption of professional activity, personal injury or loss of privacy) associated in any way with the use or inability to use SynField.
Nothing contained in the Terms will affect your statutory rights as a consumer and which you cannot conventionally agree or deny.
Nothing in these Terms excludes or limits the liability of the Company for losses that cannot reasonably be excluded or restricted under the applicable law. Under this condition, the Company is not liable to you for:
- any indirect or consequential loss you may have suffered. The above includes any loss of profit (either direct or indirect), any loss of clientele or business reputation or loss of data you may have suffered,
- any loss or damage you may have suffered as a result of:
- any changes to SynField that the Company may make or any permanent or temporary suspension of the provision of its services (or any elements within its services),
- deletion, deterioration or storage failure of any content and other communications data maintained or transmitted by or through the use of SynField by you,
- your inability to provide the Company with accurate account information,
- your inability to keep your password or account information secure and confidential.
The above limitations of the Company's liability to you will apply irrespective of whether the Company has been informed or ought to have been aware of the possibility that such losses may arise.
Events of Force Majeure
The Company bears no responsibility for errors or malfunctions or reduced performance of our obligations under these Terms, or for any failure or delay in execution of a project, wholly or partly due to a force majeure event. The following are considered as force majeure events:
- Utility error (including power supply),
- Internet connection error,
- error in public or private telecommunications or information technology networks,
- strike or other labor disturbance,
- hostilities or terrorist acts,
- denial of service attacks or other IT attacks or violations affecting the Company,
- natural disasters
- any other cause beyond the reasonable control of the Company.
SynField is provided in the form of a subscription service of escalating cost depending on the service specified in the contract you signed (if SynField nodes were purchased).
In any case, the Company reserves the right, upon prior notice, to suspend the operation of your account if the subscription period has expired and has not been renewed after one month from the subscription expiry date. In this case, the terms listed in the section relating to "Suspension of Use and Dissolution of Contract" apply.
Suspension of Use and Dissolution of Contract
You reserve the right to terminate your account at any time, recognizing that pre-paid subscriptions cannot be refunded. The Company reserves the right to terminate your license and suspend your account immediately through your appropriate notice if you violate these Terms and do not remedy (if remedy is possible) within 14 days of the provision of the service.
In the event of termination for any reason, all rights granted to you under the license that accompanies these Terms cease to be valid and all your data will be deleted without being retrievable.
Intellectual Property Rights
All of SynField's intellectual property rights are owned by the Company and are protected by law, including applicable copyright, trade secrets, patents and trademarks. You may not remove or cover any product designation on the SynField nodes. Your possession, installation, and use of SynField does not entitle you to the right or ownership of any intellectual property rights thereon. The Company retains all rights in SynField, including all relevant copyrights, patents, trade secrets, trademarks and other intellectual property rights.
Web platform Software
The Company provides you with a personal, non-transitory, revisable license to use the software of the SynField web platform. You do not have the right to:
- modify, decompile or attempt to export the platform Software source code unless you have written permission from the Company,
- rent, lease, sell, sublicense, distribute or, in any case, transfer the Software to third parties or use the platform Software to provide services to third parties,
- copy the Software,
- remove, modify, disable, destroy or in any case interfere with the security features of the platform Software or features that limit the operation of the Software,
- remove the intellectual property data from the platform Software.
By accepting these Terms, you agree that the Company may update the platform Software at any time. Previous licensing is not a sale of the Software and the Company retains all rights thereon. Any attempt by you to transfer any of the rights or obligations arising out of your license is void.
Software for mobile devices
As part of the services provided by SynField, the Company provides software applications designed for mobile devices (Mobile Software). To use the Mobile Software, you must use a compatible mobile device. The Company does not warrant that the Mobile Software will be compatible with your device. The Company provides you with a personal, non-transitory, revisable license to use the Mobile Software. You do not have the right to:
- modify, decompile, or attempt to export the source code of the Mobile Software unless you have written authorization from the Company,
- rent, lease, sell, sublicense, distribute or in any case transfer the software to third parties or use this Mobile Software to provide third party services,
- copy the Mobile Software,
- remove, modify, disable, destroy, or in any case interfere with the operation of Mobile Software security features or features that set limits to the operation of Mobile Software,
- remove intellectual property from the Mobile Software.
By accepting these Terms, you acknowledge that the Company may update the Mobile Software at any time. You acknowledge that you accept the automatic update of your device and agree to these terms and conditions regarding the upgrades of the Mobile Software. Third party software that may be incorporated into the Mobile Software is covered by the relevant license of the relevant software that authorizes its use.
Previous licensing is not a sale of the Mobile Software and the Company retains all rights thereon. Any attempt by you to transfer any of the rights or obligations arising out of your license is void.
Binding Arbitration Agreement and Resignation from Class Action
In the event of a dispute, you must provide the Company with a written statement including the name, address and contact details of the party providing it, the facts giving rise to the dispute and the remedial measures requested. "Dispute" means any dispute, lawsuit or other confrontation, regardless of the cause or grounds of action (that is to say, apart from any other possible cause of action or legal basis, breach of contract, fraud and breach of law or regulation).
All procedures for resolving or adjudicating a dispute in any court will be conducted solely on an individual basis. You will not seek to discuss any dispute in the context of a group action, an action brought by an individual in the public interest or of other procedure in which one of the parties acts or intends to act as a representative of others. Arbitration or any other proceeding will not be adjudicated without the prior written consent of all parties for all relevant arbitrations or proceedings.
You agree that in the event that an action of yours causes damage to the Company in any way, you are liable to indemnify it and that you will intervene in favor of the Company or against any claim against it, including attorneys' fees and any costs arising from the above unlawful or unconstitutional action of yours. You agree that in any case of unlawful or contrary to these terms and to the applicable legal framework governing the use of SynField that you will indemnify the Company for any positive and/or negative loss that may be caused by your unlawful or unconstitutional action.
Other important terms
Each of the Terms applies separately. If any court or competent authority decides that any of the terms are not lawful or enforceable, that term shall be deemed to be severable insofar as it is not lawful or enforceable, without prejudice to the validity of other terms which are retained in full force.
The current Terms, their subject matter and their formulation are subject to Greek and European legislation.
These Terms were initially drafted in the Greek language. Although the Company may provide one or more translated versions of the Terms for your convenience, the Greek version of these Terms will prevail in the event of a conflict or inconsistency.
It is possible that through the SynField web platform you are redirected to other sites that are not under the control of the Company. The Company is not responsible for the content or nature of the content displayed on these sites.
The Company reserves the right to modify the current Terms at any time by publishing a revised version of these on the SynField web platform. In this case, you will be notified via email using the email address you provided when creating your account. You are responsible for using and maintaining a valid email address.
Last Updated: June 4, 2018.
Data you provide
To use the SynField platform you need to create an account. When creating a SynField account, you provide us with some personal information including your name, email address, username and password.
You can then add a profile image, a phone number or your address to your account. You can alter or delete these items at any time if you wish. Your username and profile image will appear in all your possible interactions with other users on the platform.
If you choose to add your phone number, it can be used for various purposes depending on your settings. For example, you may get SMS notifications from the platform, you may get help to access your account if you have forgotten your password or we may provide you with assistance in case you report a problem. Under no circumstances will your phone number be disclosed to third parties for advertising or other purposes.
Beyond your identification, your email may, depending on your settings, be used so that you may receive notifications from the platform for topics you have set or so that we may be able to interact directly with you. For example, to let you know about upcoming changes or improvements to our services or for you to send us your request for any problems you may face.
Shipping and billing information
If you wish, we may process your financial information to proceed with a potential product purchase. This financial information refers to credit or debit card data that is read in a secure way through the PayPal payment service and is not stored in any way on the SynField platform. We may request product shipment information, depending on the product you choose, which we will share with a shipping company to reach your location. Information such as your VAT number may be required to issue the relevant transaction document.
To make the most of the platform's services, you will need to add information referring to the nature of your agricultural activities, the farms and crops under your supervision as well as the possible equipment you manage in them, for example soil and environmental conditions sensors or actuators. This data only concerns the customisation of SynField to your needs and is not disclosed to third parties.
Data we collect
When using the platform, if you manage data logging equipment for your agricultural activities, for example, soil measurements or weather conditions, this data is collected and recorded by the SynField platform. This data is in no way subject to any kind of review or processing by us and is stored on our servers only so you may have access to it and use our services.
We collect the content you create or receive from other users when you use our services. This can include personal messages that you send or other users send to you. This content is not subject to any kind of review or processing by us and is stored so that you may access it whenever you wish.
We collect information about the interaction of applications, browsers and devices with our services, such as IP address, type and manufacturer of your device, type of web browser and operating system as well as date and time when, for example, a SynField service on your device communicates with our servers.
Use of Data
Provision of Services
We use the information we collect solely to provide our services, such as providing you with information about your fields and crops or to help you share content with other users. The information Synelixis collects and how it is used depends on how you use our services and how you manage your privacy controls.
We also use your information to ensure that our services are functioning as intended, such as monitoring downtime or resolving problems you report to us. We are constantly monitoring our systems to identify problems. If we find that there is a problem with a particular function, checking the information from the traffic history that was collected before the problem occurs, allows us to resolve it in a speedier manner.
The data you provide is intended solely to ensure the operation of the services provided and the legality of the transactions concerned and is not used by any third party. The data you provide remain on Synelixis’ servers within the European Union. Unless explicitly required by law, Synelixis will not publish, sell or disclose any information you provide without your consent. Synelixis retains your data throughout your length of service or until you explicitly revoke it by choosing to delete your account.
Collection and Transmission of Data under Condition
Synelixis may provide data to the appropriate judicial, police and other administrative authorities upon legal request in order to:
- Comply with applicable laws
- Respond to government inquiries (or inquiries by legal, governmental or semi-governmental or local or Internet Protection Authority of any kind)
- Comply with a valid legal process
- Protect its rights and property, the platform and/or other users of it
Security and Protection of your Data
Synelixis is committed to protect the personal information and data provided by SynField platform users. To this end, it has taken the necessary technical security and organization measures of processing your personal data. Personal data collected is stored on password-protected restricted servers. Synelixis uses specialised technologies and procedures and takes strict electronic and administrative security measures to enhance the protection of this information against loss or misuse and to protect it against unauthorized access, disclosure, modification or destruction.
Synelixis to protect the information it exchanges with its customers uses Secure Socket Layer (SSL) decryption. This type of technology encodes the files when they are transferred electronically so that they are not intercepted by third parties.
Last Updated: June 4, 2018.