Terms and Conditions
AgrohelperHQ Terms and Conditions
Users should read carefully all of the terms and conditions (“Terms”) before using www.agrohelperhq.com (“Site” or “AgroHelper”) and its services. In case of any doubts or concerns regarding these conditions and/or your legal rights and obligations, please consult legal counsel before using the services offered via the Site.
In this Agreement, the following words and phrases shall (unless the context otherwise requires) have the meanings set out below:
“Applicable Law” means any and all international treaty or cooperative arrangement, foreign, national, local and other laws, statutes, regulations, rules, codes, directives and ordinances, judicial orders and judgments, enacted, adopted, issued or promulgated by the regulators, authorities, courts and government bodies having jurisdiction over the parties and/or the subject matter, including but not limited to anti-money laundering and terrorist financing regulations, anti-bribery laws, consumer protection laws, consumer credit laws and Data Protection Laws, all of the above to the extent applicable to a party, to the performance or business of that party or to the services provided by or on behalf of that party.
“Company” – Design Steady LTD, with registered address 1 Ami Boue str., Sofia 1606, Bulgaria
“Payment Method” - any kind of credit, debit, pre-paid, charge or purchase or other card and any kind of alternative payment methods (other than cards) which the Company is able and has agreed to process.
“Services” – the Company’s services offered via the Site.
“User” – any person holding a valid User Account.
“User Account” – a personal Account opened via the Site by an individual, solely for the use of that individual, for the purpose of using the Services.
“Username” and “Password” – the e-mail address and password specified by the User at the point of registration, subject to any subsequent variations, that are intended to ensure that the User can be uniquely identified by AgroHelper.
“us”/”we”/”our” – the Company, and any subsidiaries, affiliates, directors, officers, employees, representatives, agents and contractors, and any other person acting for or on behalf of the Company.
“Website”/”Site” – www.agrohelperhq.com
“you”/”your” – the User.
The preamble and definitions of this Agreement shall for all purposes form part of this Agreement, and constitute a material and substantial part of it.
1. Consent to Site Terms
- 1.2 In case that you do not fully agree to the Site Terms, please do not access and/or use the Site.
2. Ability to accept Site Terms
- 2.1 If you are under the minimum legal age according to Applicable Laws in your jurisdiction, you are prohibited to access and use the Site, register an Account and use any of the Services.
- 2.2 By accessing the Site and registering an Account, you acknowledge that you are of sound mind, you are capable of taking responsibility for your own actions and enter into valid legal binding contracts.
- 2.3 If we receive any reliable information that a User is under under the minimum legal age according to Applicable Laws in the respective jurisdiction, we may terminate or suspend that User’s Account and/or access to the Site.
3. Modification of Site Terms
- 3.1 We reserve the right to amend the Site Terms at any time. In such event, the Company shall take appropriate action to notify the User of such changes. Such action may include the placing of a notice of such change on a prominent position on the Website, e-mail notification, etc.
- 3.2 It is the sole responsibility of the User to ensure that he is aware of the amendments.
- 3.3 Continued use of the Website following any changes to the Terms and Conditions will be deemed as an acceptance of the Terms and Conditions as per their amendment. Your access and/or registration after the publishing of the amended Site Terms, signify that you accept and fully agree with the amended Site Terms.
- 3.4 If any amendment of these Terms is unacceptable to you, your only recourse is to stop accessing and/or using the Site.
- 4.1 The Site (i) provides general information about the use of drones and image processing software in agriculture and (ii) access to a web platform that converts drone captured images into orthomosaic maps and allows to analyze the images via the application of normalized difference vegetation index services, all subject to the Site Terms.
- 4.2 We reserve the right to (i) suspend, change or discontinue any area of the Site, (ii) to suspend, change or discontinue any Service offered via the Site, (iii) to suspend, change, or discontinue the availability of any database, content, feature, or product of the Site at any time.
- 4.3 We reserve the right to impose limits and/or restrict access to any Services offered by the Site and to any parts or the entire Site without prior notice and liability.
- 5.1 In order to use certain services offered via the Site, you must first register an Account.
- 5.2 In order to register and Account, you must provide mandatory information. You warrant that the information you provide is true, full, complete and accurate. You are obliged to notify us within five (10) working days of occurrence of any change of the provided information.
- 5.3 We reserve the right to request additional information and/or documents, including but not limited to proof of identity and current address, and can suspend your Account until these have been provided. The Company can terminate your Account, should you fail to provide the requested information and/or documents within the respective deadline.
- 5.4 By registering an Account, you acknowledge that your use of the Services does not violate any laws and regulations of any jurisdiction applicable to you. You fully acknowledge and agree that it is your responsibility to observe if any Applicable Law is restricting or prohibiting your ability to use the Services offered via the Website.
- 5.5 You are entitled to register and use only one Account, solely for your own personal use. It is prohibited to register an Account if you have registered an Account in the past which was terminated or suspended by us or any by other Company providing similar services.
- 5.6 By registering an Account, you commit to cooperate with us and use the Services in good faith towards us and others using the Services.
- 5.7 You are fully responsible to maintaining the confidentiality of your User Account details, including but not limited to your password and User name.
- 5.8 You are fully and solely responsible for any activity that occurs in your Account and for any unauthorized use of your Account.
- 5.9 You are responsible to immediately inform us when you suspect unauthorized use of your Account. You guarantee that: (i) your Account will not be used and you will not allow any other group and/or organization to use your Account for unauthorized, unlawful, fraudulent, wrongful, or other inappropriate actions (ii) you will not breach the Site or try to do the like.
6. Payment Method:
- 6.1 In order to use certain Services, you must provide full, complete and accurate information of your Payment Method.
- 6.2 You warrant that you are fully entitled to use the Payment Method provided in connection with your Account.
- 6.3 In case that you are not the owner of the Payment Method, you warrant that you obtained consent to use the Payment Method from the owner of the Payment Method prior to registration.
- 6.4 In the event that any information of any unauthorized use of a Payment Method by you comes to our attention trough reliable means, we reserve the right to inform any competent authority, entity, organization, online payment service providers, banks, credit card companies, electronic payment providers or other financial institutions of your personal identifiable information and of any suspected unlawful, fraudulent or improper activity performed by you or via your Account.
- 6.5 If you transfer funds into your Account, such funds will be deposited into your Account upon actual receipt of funds.
- 7.1 We will use reasonable endeavour to avoid any error related to any information published on the Site and we reserve the right to correct any errors.
- 7.2 Where we become aware of an error, we will use reasonable endeavour to inform the affected User of the error.
- 7.3 The User agrees to notify us as soon as reasonably possible, if the User becomes aware of any error in relation to the Services.
8. LIMITED RESPONSIBILITY
- 8.1 We endeavour to ensure that the Site and the Services available through it are available to Users as much as is reasonably possible, but cannot and does not guarantee that: (i) the Site will be available at any specific time or for any specific period; or that the Site’s features, functionality or performance will meet the User’s requirements or those of anyone else (ii) the Site or its features and functionality are, or will be, compatible with, or available on, the device or system used by a User to access the Site.
- 8.2 THE USER RECOGNIZE THAT THE SERVICES ARE PROVIDED ON AN "AS-IS" AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY SPECIFICALLY AND EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY TYPE OR NATURE WHATSOEVER WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, SUITABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ACCURACY IN RELATION TO OR ARISING OUT OF OR IN CONNECTION TO ANY INFORMATION PROVIDED, THE SERVICES OR OTHERWISE TO COMPANY’S PERFORMANCE HEREIN; (2) AS TO THE AVAILABILITY OR CONTENT OF THE SERVICES; COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES AND PRODUCTS OR THAT THE SERVICES AND PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY WILL BE CORRECTED. COMPANY WILL NOT BE LIABLE FOR DAMAGES, LOSSES, COSTS OR LIABILITIES OF ANY KIND WHATSOEVER SUFFERED OR INCURRED IN THIS RESPECT.
- 8.3 In particular, the Company and any of its associates, affiliates, parent or subsidiary corporations and their respective assignees, agents, franchises, licensees, employees, officers and directors shall not be liable for any indirect, consequential, exemplary, special, incidental or punitive damages (including without limitation, lost business, revenue, profits, or goodwill) arising in connection with the Terms or the provision of the Services (including any service implementation delays/failures), under any theory of tort, contract, warranty, strict liability or negligence, even if the Company has been advised, knew or should have known of the possibility of such damages.
- 8.4 The maximum aggregate liability of the Company for any liability and any cause of action arising under or in connection with the Terms or the provision of the Services, howsoever arising (including by way of negligence or any other theory of law), shall be limited to the fees paid by the User to the Company under the Terms.
- 8.5 Without prejudice to any other provision of these Terms, the Company shall not be liable to any person for any event beyond its reasonable control including without limitation, any actual or threatened war or other threat or challenge to governmental authority, confiscation, nationalization, requisition or destruction of or damage to property by or under the order of any Government or public or local authority, strike, lockout, industrial action, fire, flood, drought, tempest, power cut and/or failure or obstruction of any network, broadcasting or telecommunications service;
9. Complaints, cancellations and refunds
- 9.1 If you have any complaints, claims or disputes with regard to the Site and/or the Services, you must submit your complaint to the Company in writing as soon as is reasonably practicable following the occurrence of the event to which the complaint, claim or dispute refers. Complaints may be submitted by email to email@example.com, or via our Contact Us Page indicating your claim/complaint with maximum description and details. We will endeavour to resolve the matter to your satisfaction within 14 days maximum.
- 10.1 The Company may, at its sole discretion, refuse to register and provide a User Account to anyone and close any User Account.
- 10.2 The Company shall be entitled, at its sole discretion and without any prior notice, to change, amend, modify, remove or discontinue, from time to time, any of the Services with immediate effect. We shall not be liable for any loss suffered by you resulting from any changes made and you shall have no claims against us in such regard.
- 10.3 The Company may, at its sole discretion, transfer or assign this Agreement (in whole or in part) to any third party without any prior notice; without derogating from the above, the Site and/or any of the Services may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of your rights or obligations under this Agreement.
- 10.4 You understand that you will receive electronic communications from the Company, posted on the Site and/or sent to you via e-mail. All such communications will be considered in writing and will be considered received by you within 24 hours from the time in which the notice was posted on the Site or sent to you via e-mail.
- 10.5 These Terms constitute the entire agreement between the Company and you with respect to the subject matter hereof and supersede any and all prior agreement between the Company and you in relation to the same. You confirm that, in agreeing to accept the Terms, you have not relied on any representation made by us. Any representation, promise, undertaking or consent, whether verbal or in writing, which is not included in the Terms, will not be valid.
- 10.6 The failure of the Company at any time in enforcing any right or remedy under the Terms shall not be construed as a waiver of any future or other exercise of such right or remedy.
- 10.7 The Terms shall be governed by and construed in accordance with the laws of Bulgaria. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Sofia for settlement of any disputes or matters arising out of or concerning this Agreement or its enforceability.
- 10.8 If any part of these Terms is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, then such provision shall be excluded from the Terms and the remainder of this Terms shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event the Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by Applicable Law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
- 10.9 The Terms have been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of the Terms and the English language version, the meaning of the English language version shall prevail.
- 10.10 The Company may, at any time, set off any positive balances in your User Account against any amount owed by you to the Company.
- 10.11 The Company reserves the right to limit or refuse any activity and/or request made by you or through your User Account.
- 10.12 Unless explicitly stated in this Agreement, nothing in this Agreement shall: be construed as creating any agency, arrangement, partnership, joint venture, trust of fiduciary relationships or any other similar relationship between you and us; create or confer any rights or benefits to any third party, or grant you any security interest in any asset of us, including (but not limited to) any sum held in your User Account.
- 10.13 The contents of this Website (including these Terms) are protected by international copyright laws and other intellectual property rights. The owner of these rights is the Company or other third party licensors. All products and company names and logos mentioned on this Website are the trademarks, service marks or trading names of their respective owners, including Design Steady and AgroHelper. Users are permitted to print and download extracts from this Website only for their personal reference and not for any type of commercial or other monetary gain, and only provided that:
- i. no documents or related graphics on this Website are modified in any way;
- ii. no graphics on this Website are used separately from accompanying text; and
- iii. the status of the Company (and of identified contributors) as the author of any material on this Website is acknowledged.
- 10.14 Otherwise, no part of this Website may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including, but not limited to, text, graphics, video, messages, code and/or software without Company’s express prior written consent.