Hereby, the terms of using the SynField system provided by Synelixis SA (hereinafter referred to as "Company", based at 10 Farmakidou Street, Chalkida Gr-34100, Evia, Greece) are defined.
- SynField system: the SynField online platform, the SynField equipment, the SynField Control application, the SynField API, the SynControl mobile application, and the Water Management application. In this text the SynField system will be referred to as "SynField".
- Use: direct access to any of the services provided by SynField.
- SynField web platform: the SynField online application for precision agriculture. The SynField platform is provided through the Company's facilities and can be used on any computer, laptop, tablet or mobile phone with Internet access.
- SynField equipment: the SynField nodes and SynField peripherals
- SynField node: the main part of your hardware equipment that functions as a recording system for analogue and digital sensors, as well as, a remote actuator control system.
- SynField peripherals: the hardware that allows for the collection of data from the environment at the installation site and that transmits them to the node (sensors) and/or actuators (e.g. solenoid valves). The peripherals depend on the services you prefer.
- SynField Services: services offered when you purchase SynField equipment and select additional preferable services on the SynField web platform.
- SynField Control application: a mobile device application that allows you to set up and control your SynField equipment via smart mobile phone, directly on the field
- Water Management application: a mobile device application that enables you to control the water drill site you are part of remotely via a smart mobile phone.
- Company Partner: any third party outside you and the Company from where you are supplied with SynField equipment and SynField services.
3. Assigning a User License
- The Company grants you a SynField user license for the agreed time period 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 allowed to use SynField via any compatible device that you own or just handle for your personal use.
- To access the SynField web platform and the SynField services, SynControl, and the API, you must create a user account that requires you to provide, among other things, a valid email address through which you will receive communications from the Company. During the account creation process, you must select a user ID and password. You are responsible for the accuracy of the information you provide and for the safe keeping and managing of 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 that an unauthorized third party may use your account or that your account information have been lost or stolen.
4. 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 along with the upgrade or update. In the event of a discrepancy between these Terms and the "other terms", the other terms will prevail.
5. Protection of personal data
- The Company may collect and process certain information and data (which may include information of personal identification of individuals and/or personal data) related to:
- the platform user,
- 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 information that is transmitted through the use of the service may be read or intercepted by third parties even if the transmission is encrypted. The Company has taken every modern precaution to protect its infrastructure and your personal data. However, it cannot guarantee that third parties cannot violate these security measures and use your personal data in an illegal manner. By accepting these Terms, you acknowledge that you provide personal information at your own risk.
- In no event will the Company hold claim over the data generated by you or the data added to the SynField System by you. These data are and remain exclusively yours.
6. Storage and transmission of data
- In any case, you agree not to store or transmit data that:
- may cause harm, loss, physical or mental injury, death, disability or deformity 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,
- may force someone to disclose his/her personal information either directly or indirectly, without his/her prior, explicit and unenforceable consent,
- 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 are wrong
- You agree that any content that you create does not and will not infringe on any third party's rights, including intellectual property or privacy.
7. Limited Warranty, Disclaimers and Liability
- SynField is provided "as is" and under no circumstances does it substitute the farmer. The product is solely of a advisory nature and anything that is provided in the form of information, advice or suggestion is at your discretion to evaluate and act upon it based on your own will, excluding any liability of Synelixis. For example, the Company bears no responsibility if:
- you have not set a rule to irrigate your field resulting in no watering when there should be
- you have not set a rule to stop irrigating your field resulting using more water on the field than was needed
- you have set a rule to irrigate your field but there was no water available
- you have set a rule to start and stop irrigation through the platform, but you have not properly connected the hardware equipment resulting in no watering
- you have set a rule to start and stop irrigation through the platform but you have not taken care of the node having sufficient battery
- you have not set the appropriate time format in your account settings, so the system watered at a different time from the desired
- you have not properly connected the equipment resulting in incorrect measurements being sent to the platform
- you have not properly calibrated your sensors, if that is necessary, resulting in incorrect measurements being sent to the platform
- you have set a Disease Prediction but chosen not to follow the advices it provides
- you have set Rules and Notifications but you have not activated them - you have left them at the Draft stage
- you have not removed the partner rights from someone you do not wish to have access to your data anymore
- SynField is covered by a 24 months warranty. If within the warranty period you notify in writing the Company of errors or malfunctions that result in SynField not operating as expected, the Company will contact you in order to find out how this issue can be resolved (e.g. replacement of equipment, upgrade of subscription package at no extra cost, or refund) as befits the situation.
- The warranty does not apply:
- if the error or malfunction of the service is due to a modification of the device by you
- if the error or malfunction of the service is due to the use of SynField in a different way from the one described in the manual
- if the error or malfunction of the service is due to the use of hardware (sensors or actuators) not defined by the Company as compatible with SynField.
- beyond its termination
- The Company guarantees that if SynField is used appropriately, it will operate in accordance with the functions described in the user manual accompanying the equipment. You are responsible and obliged to install the SynField equipment in accordance with the instructions provided in the manual and regularly check its functional adequacy. The installation and regular maintenance and supervision of your equipment are not in Synelixis’ obligations, including changing the battery of the node.
- You are responsible for the technical requirements for the reliable operation of the system. The Company provides you with the telecommunication connection with the Telecommunication Services required to connect to the SynField services. You are responsible for checking that the mobile connection in the area of SynField’s use is enough for proper use of the SynField services. The Company is not required to ensure that the connection is possible.
- The Company is liable for foreseeable losses or damages you suffer in the event of failure from our part 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 the obvious consequence of our default or if they are specified in writing by you and the company at the time the company assigned the user license to you.
- To the fullest extent permitted by applicable law, there is no liability whatsoever for the Company for any special, incidental, indirect or consequential damages or for negative profits, lost profits, or any other damages (including lost data, interruption of professional activity, physical injury or loss of privacy) related in any way to the use or inability to use SynField.
- Nothing contained in these Terms will affect the statutory rights that you always have as a consumer and which you cannot under any contract agree or abnegate.
- Nothing in these Terms excludes or limits the liability of the Company for losses that cannot legally 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 items within its services),
- deletion, deterioration, or failure of storage of any content and other communication data that are 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.
- In the event of service interruption or reduced system performance due to our negligence, you will have to notify the Company in writing and the Company will contact you on how the issue can best be resolved. This obligation exists only if you communicate the matter to us in writing and immediately, but no later than two weeks after it comes to your notice.
- The above limitations of the Company's liability to you will apply irrespective of whether the Company had been informed or ought to have been aware of the probability that such losses may arise.
8. Force majeure events
- The Company shall not be liable for errors or malfunctions or reduced performance of SynField under these Terms, or for any failure or delay in execution of a work, that is 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 of public or private telecommunication networks or error of information technology networks,
- strike or other labor turmoil,
- hostilities or terrorist acts,
- denial of service attacks or other IT attacks or violations that affect the Company,
- natural disasters
- any other cause beyond the reasonable control of the Company.
9. Product Returns
- You reserve the right to return any equipment you have purchased from the Company, without having to announce the reason as to why you wish to return it, within fourteen (14) calendar days from the receipt of the products. In order for a return to be accepted, the returned part of the equipment should not have been used, it should be in perfect condition just as it was when purchased, its value should not have been reduced and it should be in its original packaging accompanied by the Invoice. If the return is accepted, the Company is obliged to refund the returned products in full. The shipping of the returned products is at your expense.
10. Subscription Policy
- Access to the SynField web platform, SynControl, SynAPI and in extension to the SynField Services is provided in the form of a subscription service with escalating cost depending on the service you have selected.
- In any case, the Company reserves the right, upon your prior notice, to change its pricing policy and/or suspend your account if the subscription period has expired and has not been renewed after one month from its expiration date. In this case, the terms written in the paragraph "Suspension of Use and Agreement Termination" apply.
- In the event of a change in the Value Added Tax (VAT), the Company reserves the right to adjust the cost of the subscription service accordingly without prior notice.
11. Suspension of Use and Agreement Termination
- 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 appropriate notice if you violate these Terms and do not remedy (if it can be remedied) within fourteen (14) calendar days after the notice.
- The Company reserves the right to temporarily or permanently suspend your account and terminate your user license, while notifying you by email, if it has reasonable suspicions that are related to:
- violation by you of these Terms
- provision of false information during your registration
- non-renewal of the subscription service within one month of its expiration date
- In the event of a temporary suspension, you will be able to access your account after the suspension period has expired or after the issue that caused the suspension has been settled.
- In the event of a permanent suspension of the account for any of the aforementioned causes, all rights assigned to you under the license that accompanies these Terms will cease to apply and all your data will be deleted without being retrievable.
12. Intellectual Property Rights
- All intellectual property rights of SynField are owned by the Company and are protected by law, including the applicable copyright, trade, patent, and trademark laws. You may not remove or obscure any product designation on the SynField nodes. Your ownership, installation, and use of SynField do not entitle you with rights or ownership of any intellectual property on it. The Company retains all rights on 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 user license of 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 authorization 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 third party services,
- copy the Software,
- remove, modify, disable, destroy or in any case interfere with the functionality of the platform Software security features or the features that set limits to the operation of the Software,
- remove the intellectual property features from the platform Software.
- By accepting these Terms, you acknowledge that the Company may update the Software at any time. Previous licensing is not a sale of the Software and the Company retains all rights on it. Any attempt by you to transfer any of the rights or obligations arising out of your user license is invalid.
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 user license of the Mobile Software. It is expressly prohibited to:
- modify or attempt to export the source code (reverse engineering) of the Mobile Software unless you have written authorization from the Company,
- rent, sublicense, distribute or, in any case, transfer the software to third parties or use this Mobile Software to provide services to third parties,
- copy the Mobile Software,
- remove, modify, disable, destroy, or in any case interfere with the operation of Mobile Software security features or the features that set the limits to the operation of Mobile Software,
- remove the intellectual property features 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 you agree to these Terms that include the upgrades of the Mobile Software. Third party software that may be incorporated into Mobile Software is covered by the license to use the relevant software that authorizes its use.
- Previous licensing does not constitute a sale of the Mobile Software and the Company retains all rights on it. Any attempt by you to transfer any of the rights or obligations arising out of your user license is invalid.
13. Binding Arbitration Agreement and Resignation from Exercising Collective Action
- In the event of a dispute, you must provide the Company with a written statement that includes 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 reason or reasons of action (including in addition to any other possible cause of action or legal basis, breach of contract, fraud and breach of law or regulation).
- All procedures for resolving or hearing a dispute in any court will be conducted solely on an individual basis. You will not seek to discuss any dispute in a group action, any action brought by an individual in the public interest or another procedure in which one of the parties acts or intends to act as a representative of others. Arbitration or other proceedings will not be adjudicated without the prior written consent of all parties for all relevant arbitration or proceedings.
- You agree that in the event that your action causes damage in any way to the Company, you will be liable to indemnify it, and that you will intervene in favor of the Company or against any claim against the Company, including attorney's fees and any costs arising from the above unlawful or against the Terms action from your part. You agree that in any case of unlawful action or action against these Terms and the applicable legal framework governing the use of SynField, you will indemnify the Company for any potential damage loss inducing damage that may be caused by this particular action.
15. Other important terms
- Any relationship you create or attempt to create with a Company partner is exclusively between you and the Company partner, not the Company.
- It is not allowed to copy, personally identify or disclose contact information of an employee of the Company without his/her consent.
- These Terms, their content and their formulation are subject to Greek and European law. Each of the Terms applies separately. If any court or competent authority decides that any of the terms is unlawful or not enforceable, that term shall be deemed to be separable insofar as it is unlawful or not enforceable, without prejudice to the validity of the rest of the terms that remain in full force and effect.
- 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 may be redirected to other sites that are not under the control of the Company. The Company bears no responsibility 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 thereof on the SynField web platform. In this case, you will be notified by email at the email address which you provided when you created your account. You are responsible for using and maintaining a valid email address.
10 Farmakidou Street,
Last Updated: November 20th, 2018.