Users should read carefully the terms and conditions (“Terms”) before using www.agrohelperhq.com (“Site”) and its Services. In case of any doubts or concerns regarding these Terms and/or your legal rights and obligations, please consult your legal counsel before using the Services offered via the Site.
In this Agreement, the following words and phrases shall 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 privacy protection laws, anti-money laundering and terrorist financing regulations, consumer protection laws and data protection laws.
“Company” / “AgroHelper” means Design Steady LTD, with registered address 1 Ami Boue str., Sofia 1606, Bulgaria
“Payment Method” means 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 has agreed to process.
“Services” – the Company’s services offered via the Site and via the AgroHelper Web Application.
“User” – any person holding a valid User Account.
“User Account” – a personal Account opened in compliance with these Terms.
“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
“Web Application”/”AgroHelper app”/”app” - the web based application via which AgroHelper provides satellite imagery and related services to the users
“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 Terms
- 1.2 In case that you do not fully agree to the Terms, please do not access the Site and do not use the Web Application.
2. Ability to Accept Terms
- 2.1 If you are under the minimum legal age according to Applicable Law 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 a User Account, you acknowledge that you are of sound mind, you are capable of taking responsibility for your own actions, enter into valid legal binding contracts and consent to the processing of your personal data.
- 2.3 If we receive any reliable information that a User is under the minimum legal age according to Applicable Law in the respective jurisdiction, we may terminate or suspend that User’s Account and/or access to the Site.
3. Modification of Terms
- 3.1 We reserve the right to change the Terms at any time. In such event, we will take appropriate action to notify you.
- 3.2 Your access and use of the Services after this notification, signify that you accept and fully agree with the amended Terms.
- 3.3 If any amendment of these Terms is unacceptable to you, your only recourse is to stop using the Site and Services. In such case, and upon receiving a written notification from you, we will refund the subscription fees corresponding to a period for which you already prepaid.
- 4.1 The Site provides (i) general information and (ii) access to a Web Application.
- 4.2 The Web Application provides access to satellite images and related services.
- 4.3 We reserve the right to (i) suspend, change or discontinue any area of the Site and of the Web Application, (ii) to suspend, change or discontinue any Service offered via the Site and via the Web Application, (iii) to suspend, change, or discontinue the availability of any database, content, feature, functionality or product of the Site and the Web Application at any time.
- 4.4 We reserve the right to impose limits and/or restrict access to any Services without prior notice and liability.
- 5.1 To use certain Services, you must first register an Account.
- 5.2 To register and Account, you must provide mandatory information. You warrant that the information you provide is true, full, complete and accurate.
- 5.3 You must notify us by email on email@example.com within five (5) working days of the occurrence of any change of the provided information.
- 5.4 To comply with Applicable Law, 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.
- 5.5 By registering an Account, you warrant 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.
- 5.6 You are entitled to register and use only one Account, solely for your own personal use.
- 5.7 It is prohibited to register an Account if you have registered an Account in the past which was terminated or suspended by us.
- 5.8 By registering an Account, you commit to cooperate with us and use the Services in good faith towards us and others.
- 5.9 You are fully responsible to maintaining the confidentiality of your User Account details, including but not limited to your password and user name.
- 5.10 You are fully and solely responsible for any activity that occurs in your Account and for any unauthorized use of your Account.
- 5.11 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 person, 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 the Web Application or try to do the like.
6. Payment Method:
- 6.1 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, 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.
7. Free Trial and Subscription
- 7.1 Upon registration, you are entitled to a free 14-day trial access to the Web Application.
- 7.2 You are entitled to only one free 14-day trial period.
- 7.3 After the 14-day trial period expires, your access will be suspended. We will inform you that if you want to continue using the Services, you have to subscribe by paying a monthly subscription fee.
- 7.4 The price of the monthly (30 days) subscription fee is indicated on the Site and in the Web Application at the time of subscription and is prepaid before the beginning of the said 30-day period.
8. Platform Ownership
- 8.1 The Site and the AgroHelper Web Application, including their content, visual interfaces, design, data and code are owned by the Company and are protected by international copyright law.
- 8.2 The Company retains all right, title and interest, including intellectual property rights, in and to the Site’s and Web Application’s content, visual interfaces, design, data and code.
- 9.1 Certain Site and Web Application features allow Users to create and/or upload content (“User Content”). You retain any intellectual property rights that you hold in that User Content.
- 9.2 To store your data, process it and transmit it to you via our Services, you hereby grant the Company and its third-party suppliers a non-exclusive, worldwide license to use, store, reproduce, process, modify, publish, transmit, display, and distribute your User Content. The rights you grant in this license are for the limited purpose of providing and improving the Services, as well as for developing and commercializing new products and services. This license continues after you stop using the Services and/or you close your User account, until you notify us in writing that you wish to revoke it.
- 9.3 You warrant and represent that: (i) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize the Company to use and distribute your User Content; and (ii) your User Content and its use by the Company do not and will not infringe any third-party right, including but not limited to any intellectual property, privacy or proprietary right;
10. LIMITED RESPONSIBILITY
- 10.1 We endeavour to ensure that the Site and the Services are available to Users as much as is reasonably possible, but cannot and do not guarantee that: (i) the Site and the Services will be available at any specific time or for any specific period, (ii) the Site’s and the Web Application features, functionality or performance will meet the User’s requirements or those of anyone else, (ii) the Site, Services and features and functionalities are, or will be, compatible with, or available on, the device or system used by a User.
- 10.2 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 (I) 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; (II) 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.
- 10.3 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.
- 10.4 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.
- 10.5 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.
11. Complaints, cancellations and refunds
- 11.1 If you have any complaints, requests or feedback, please contact us by email to firstname.lastname@example.org, describing your claim/complaint/request with maximum details. We will make reasonable efforts to resolve the matter to your satisfaction and will respond within 14 days.
- 11.2 You can cancel your subscription anytime by accessing the “Subscription page” within the Web Application and pressing the “Cancel Subscription” button.
- 12.1 The Company may, at its sole discretion, refuse to register and provide a User Account to anyone and close any User Account. In case we unilaterally decide to close your user account, we will refund the subscription fees corresponding to the period for which you prepaid, but during which you were not able to access the services pursuant to said unilateral decision.
- 12.2 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 the Web Application 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 these Terms.
- 12.3 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 exercise of such right or remedy.
- 12.4 If any part of these Terms is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
- 12.5 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.
- 12.6 The Company reserves the right to limit or refuse any activity and/or request made by you or through your User Account.
- 12.7 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.
13. Agreement, applicable law and dispute resolution
- 13.1 These Terms constitute the entire agreement between the Company and you with respect to the subject matter and supersede 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.
- 13.2 The Terms shall be governed by and construed in accordance with the laws of the Republic of Bulgaria. You agree to submit to the exclusive jurisdiction of the courts of Sofia, Bulgaria for settlement of any disputes or matters arising out of or related to these Terms.
- 14.1 We collect the following types of personal data:
- your name, email, and IP address; and
- information on your use of our Website and Web Application
- To gather some of the data described in 14.1, we:
- use Mailchimp as our marketing platform and share information with The Rocket Science Group LLC. To learn more about Mailchimp’s, click here .
- 14.3 We use your personal data to:
- implement verification procedures, identify you and allow you to access the Web Application and use the Services
- improve our Website and Web Application
- solve technical issues
- contact you to share information relevant to the Website, Web Application or the Services via email with you. Each email contains an unsubscribe link and you can unsubscribe from all email communications at anytime
- contact you to request that you participate in a User survey to give us feedback regarding the Website, Web Application or the Services. Such participation is always voluntary
- 14.4 Your personal data will not be disclosed to third parties, other than the third parties described in these Terms, except for disclosures necessary for the provision of the services you requested or unless it is required by Applicable Law.
- 14.5 The User has the right to access the personal data held by the Company about him/her at any time. To exercise it, the User needs to contact us by email to email@example.com.
- 14.6 The User has the right to request the Company to stop processing its personal data and to delete all of his/her personal data that the Company currently holds. To exercise it, the User needs to contact us by email to firstname.lastname@example.org.
- 14.7 The User hereby consents that the Company and/or its service providers transfer personal data from one country to another in order to provide the User with the Services.
- 14.8 In order to make the visit to the Website by the User more user-friendly, the Company collects a small piece of information sent from the browser, called a cookie. The User may if he desires turn off the collection of cookies by following the relevant browser instructions.