1. Identifying data and background
In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, the following data is reflected below:
AGROPTIMA, S.L. (hereinafter, ‘Agroptima’) is a company domiciled in Pasaje Mulas, 6, Bajos 1ª, 08182 of Sant Feliu de Codines (Spain), with CIF B66350497 and registered in the Mercantile Registry of Barcelona with the number: 34112072 Volume : 44428 Folio: 202 Sheet: B-455808 Registration 1 and with the telephone number 607 76 35 48 and the following email address: firstname.lastname@example.org.
Agroptima is the developer and marketer of the computer program, which has the same name, for the management of agricultural operations accessible from any web browser through the web www.agroptima.com and its subdomains and through its Smartphone applications (in forward, “Service”). Agroptima provides access to a multitude of information, services, programs or data belonging to Agroptima (hereinafter, “Contents”) through the Service to which the User may have access.
The breach of any of the Conditions of Use may be the cause for interruption of the provision of the Service by Agroptima.
2. Conditions of the account
The User agrees to provide a complete legal name, a valid email address and any other information required to complete the registration process.
The User is responsible for maintaining the privacy of his account. Agroptima is not responsible for any damage or loss that may be the result of an error by you in protecting your access information, including your password.
The User agrees to make appropriate use of the Content and the Service (which may include, in addition to the application itself, chat service, support by telephone, web pages oriented to the support) that Agroptima offers and, with an enunciative character but not limiting, not to use them to (i) engage in illegal activities, illegal or contrary to good faith and public order; (ii) disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, advocating terrorism or attacking human rights; (iii) cause damage to the systems of Agroptima (iv) try to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages. Agroptima reserves the right to withdraw all comments and contributions that violate respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that attempt against youth or childhood, order or public safety or that, in his opinion, are not suitable for publication. In any case, Agroptima will not be responsible for the opinions expressed by users through forums, chats, or other participation tools.
3. Creation of the account and trial period
Immediately afterwards, you will be able to access your account and have 15 calendar days to test the Service without any commitment to pay. At the end of the trial period, the User must pay for the service to continue using it. The User may enter the payment information before the end of the trial period if desired. At the time of entering the payment data, your annual subscription will begin.
If the User does not pay for the Service, Agroptima will assume that on this occasion the User decides not to continue with the Service. However, the account will remain active indefinitely and the data accumulated by the User in said account will be saved with the aim that if the User decides to retest or contract the Service in the future, it will be easier for him / her.
4. Purpose of data processing
The data provided during the provision of the Service by the User treated in accordance with the Organic Law on Data Protection (LOPD) and are used in accordance with the following purposes:
The communication of such data is mandatory in order to provide the Service. A possible denial of communication by the User could lead to the inability of Agroptima to comply with the provision of the Service.
5. Confidentiality of the User’s data
The data accumulated in the User’s account are the property of the User. The User has the right to download at any time the data stored in his Agroptima account where the “Download to Excel” function is offered.
Agroptima reserves the right to analyze, in aggregate and anonymous form, and in no case individually, the information of its user base for the detection of improvements or to extend the Service to its Users. Agroptima reserves the right to access, always with verbal or written permission of the User, a part or all of the data, in order to provide remote support for the resolution of problems or doubts related to the Service, that the same User has requested .
Agroptima will not transmit the User’s data to third parties, except when it is necessary and indispensable for the development of the services that you have requested or there is a legal obligation. Other possible communications will be made to other collaborators (authorized, appointed and specifically instructed by Agroptima).
6. Price and payment
The Service is provided in several modalities (Plans) and the annual fees for each modality are announced on the Agroptima website.
The “Plan Field and the Plan Costs” are limited to 1000 hectares. In the event that the Client manages an amount greater than 1000 hectares, he must move to the Business Plan, which is governed by a different price and service.
The Service is charged in an annual fee mode and is not refundable. Payment for the Service is made by credit or debit card.
After a calendar year, the renewal of the fee will be charged on said credit or debit card. If the charge is not possible because there are no funds on the card or for other technical reasons, the Customer will be notified to update said data. If the renewal can not be carried out, the Customer will lose the ability to access the Service automatically until the payment information is updated.
Agroptima reserves the right to change the fees with a 15-day advance notice by email. The notifications of the quota change will be published on the Agroptima website.
7. Modification of the Service
The User accepts that Agroptima may add, remove or change functionalities to the Service. All the functionalities will be subject to the same Conditions of Use. Agroptima may collect suggestions from the User, but in no case is it a commitment to add, modify or eliminate said functionality.
Agroptima reserves the right to modify or suspend, temporarily or permanently, the Service at any time for reasons of force majeure.
8. Cancellation and rescission
The User has the right to inactivate their account at any time by sending an email to email@example.com with the subject “Inactivate account”. The User does not have any type of commitment to remain in the Service.
In the case that the User wants to exercise their right to permanently delete their account and all their data must indicate it by sending an email to firstname.lastname@example.org with the subject “Delete my account and my data.”
9. Intellectual and Industrial Property
Agroptima is the owner of all the intellectual and industrial property rights of its website, as well as the elements contained in it (for example, images, sound, audio, video, software or texts, trademarks or logos, color combinations , structure and design, selection of used materials, computer programs necessary for its operation, access and use, etc.), owned by Agroptima or its licensors. All rights reserved. By virtue of the provisions of articles 8 and 32.1, second paragraph, of the Law on Intellectual Property, the reproduction, distribution and public communication, including the method of making them available, of all or part of the articles is expressly prohibited. contents of this web page, with commercial ends, in any support and by any technical means, without the authorization of Agroptima. The User agrees to respect the rights of Intellectual and Industrial Property owned by Agroptima.
10. Exclusion of guarantees and responsibility
Agroptima is not responsible, in any case, for damages of any kind that may cause, by way of example: errors or omissions in the content, errors in calculations or lack of availability of the portal, despite having adopted all the technological measures necessary to avoid it.
In the event that the Service or the Contents display links or hyperlinks to other Internet sites, Agroptima will not exercise any type of control over said sites and contents. Under no circumstances will Agroptima assume any responsibility for the contents of any link belonging to a third party website, nor will it guarantee the technical availability, quality, reliability, accuracy, amplitude, veracity, validity and constitutionality of any material or information contained in any of said hyperlinks. or other Internet sites. Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.
12. General conditions
The User agrees not to resell, duplicate, reproduce or exploit any part of the Service or the Contents without the express written consent of Agroptima. The User can not use the Service to store or send malicious or unsolicited emails (spam). Neither can you use the Service to transmit any virus, worm, or any other malicious or malicious content.
Agroptima is not responsible for any direct, indirect, secondary, consequential, special, exemplary, punitive, or any other type of damage that arises or that is related in any way to the use that the User makes of the Service. Only the User can resolve the dissatisfaction of the Service by not using it and canceling his account.
If any condition written here is invalidated or can not be applied, the application of any of the rest will not be affected in any case.
The Conditions of Use establish an absolute understanding between the User and Agroptima about the Service and prevail over any prior agreement reached between the User and Agroptima.
The Conditions and relation that the User has with Agroptima respect these Conditions, will be governed by the Laws of Spain. The User and Agroptima agree to submit to the exclusive jurisdiction of the courts of Barcelona to resolve any legal issue in relation to the Conditions.