Terms and conditions


Preamble

These Terms and Conditions ("Terms") define the rules and conditions for the operation of the SatAgro online platform ("Platform" or "SatAgro"). The owner of the Platform, including the online store that is part of it ("Store"), as well as the administrator of the personal data of Platform users ("User"), is SatAgro Sp. z o.o. ("Provider"), registered in the business register on 07.12.2016, with its registered office at 93 Żwirki i Wigury st., 02-089 Warsaw, NIP 7010639032, KRS 0000650481, REGON 365886156.

§ 1. What is the SatAgro Platform and how much do the services cost?

  1. SatAgro is an online platform enabling the utilization of automatically processed satellite data in monitoring agricultural areas, precision farming, regenerative agriculture, and also in analyzing profitability.
  2. SatAgro Platform is made available to the User under the selected subscription type on an indefinite basis in the case of free subscriptions, and for a period specified at purchase in the case of paid subscriptions, which may amount to 1, 3, 4 or 5 years, counting from the day of sale.
  3. Prices available on the Subscription Platform and the scope of services offered under them are presented in Section 1, Articles 4–10 of these Regulations.
  4. The following subscription types are available:

    Perpetual subscription:

    Subscription Starter Precise soil sampling
    Annual gross fee 0.0 PLN/ac 0.0 PLN/ac

    Annual subscriptions available for online purchase:

    Subscription Professional Premium Expert
    Annual gross fee 8.0 PLN/ac 12.0 PLN/ac 16.0 PLN/ac

    Long-term subscriptions, which require direct contact with the Provider – by e-mail at office@satagro.net or by phone at +48 570 000 941:

    Subscription Premium for years Expert for years
    3-year gross fee 36.0 PLN/ac 48.0 PLN/ac
    4-year gross fee 48.0 PLN/ac 64.0 PLN/ac
    5-year gross fee 60.0 PLN/ac 80.0 PLN/ac

     

  5. The default subscription available upon creating an account on the Platform is the Starter subscription. This subscription is available without fees and within its scope, without time restrictions, provides data concerning one crop field defined by the User, with a size not exceeding 50 hectares.
  6. Under all types of subscriptions, the following data and services related to defined crop fields are provided; however, in the case of the "Precise Soil Sampling" subscription, current satellite data is not updated:
    • satellite data analysis showing the diversity of vegetation cover and providing all cloud-free images in the following format:
      • map: resolution of 10 meters (satellites Sentinel-2); satellite overflight at least once a week;
      • charts: time series based on averaged data used for creating maps, and for areas larger than 10 ha also averaged data based on images with a resolution of approximately 200 m (MODIS satellite sensors; satellite passes twice daily).
    • satellite data analysis showing the diversity of vegetation cover and providing all cloud-free images in the following format:
    • access to clear data from satellite sensors' readings for at least the current and previous season;
    • access to the module enabling the creation and editing of prescription maps for variable rate application of agricultural chemicals, including based on satellite images, productivity zones, soil abundance maps, and fertilization plans;
    • access to modules enabling the creation of productive zones for arable fields and sampling zones for soil samples;
    • access to a module enabling the development of protective measures, including in a precise version;
    • access to the module enabling the creation of maps for precise sowing purposes;
    • access to the module enabling the preparation of transportation plans in the format of maps and reports;
    • charts relating to meteorological conditions and the crop growth on monitored crop fields since 2002;
    • daily update of meteorological data, including weather forecasts;
    • calculation of Growing Degree Days (GDD) and other agrometeorological indicators;
    • the possibility of displaying the current location;
    • the possibility of introducing and visualizing the history of crops and treatments;
    • the possibility of defining alarms and related automatic notifications;
    • the possibility of comparing surface area and vegetation growing seasons;
    • access to the SatAgro mobile application for Android and iOS operating systems.
  7. As part of the "Professional" subscription, the services described in Section 1, paragraph 6, are expanded with the following additionalfunctionalities:
    • monitoring an unlimited number of surfaces within the purchased area;
    • the creation of the User's account (unless it was previously created independently) and the integration with the information provided by the User regarding the monitoring boundaries of surfaces and history of cultivations;
    • the possibility of exporting application maps in formats compatible with agricultural devices and access to them via the SatAgro mobile application.
    • the possibility of exporting data shared on the Platform in the form of maps and charts as well as data previously introduced into the account on the Platform;
    • the possibility of creating reports with information about the implemented agricultural treatments;
    • integration of electronic maps from Private Repositories with the SatAgro Users account, e.g., soil sampling results, crop yield maps, or as applied maps collected by machinery operating in the field;
    • technical support;
  8. As part of the "Premium" and "Premium for years" subscriptions, the scope of additional services included in the "Professional" subscription is expanded by:
    • Access to commercial high-resolution satellite images supplied by Planet Labs PBC satellite constellation (3m);
    • integration of data from private weather stations belonging to the User with the SatAgro Users account (if such data are published and available on the Internet);
    • the integration of data from other user sensors (IoT) with his/her SatAgro account (if such data are published and available on the Internet);
    • agricultural consulting;
  9. As part of the "Exspert" and "Exspert for years" subscriptions, the scope of additional services from the "Premium" and "Premium for years" subscriptions is expanded by:
    • access to the Profitability module allowing to estimate the profitability of cultivation, also in the form of maps;
    • access to a tool enabling an assessment of compliance with selected Good agricultural and environmental conditions (GAEC);
    • access to supporting tools for implementing the ecosystem scheme "Carbon Farming and Soil Composition Management".
  10. Data and services referred to in Art. 6–9 are provided through the SatAgro Internet Platform accessible via a web browser. The SatAgro mobile applications have an auxiliary nature and do not provide full access to all functionalities and data offered by the web version.
  11. Contractor binds itself to ensure that upon implementation of new Services within the scope of a given subscription type, such Services shall automatically be made available to Users holding such Subscription without imposing additional fees.

§ 2. Required Equipment and User Account

  1. Using the Platform requires having the following equipment:
    • a computer with the latest versions of operating systems (Windows, MacOs, or Linux); or an intelligent mobile phone (smartphone), tablet, or other device typically used for accessing the Internet, having a screen with a minimum resolution of 1280 x 1024 pixels.
    • broadband Internet connection;
    • the up to date version of a web browser, such as Firefox, Chrome, Safari, or Microsoft Edge;
    • enabled support for JavaScript and CSS styles in the web browser;
    • active e-mail account
    • to use the SatAgro mobile application: a smartphone or tablet with Android version 6.0 or higher, or iOS version 14.0 or higher.
  2. Using the Platform’s services requires having an active User account.
  3. The User Account may be created independently by performing the following actions:
    • submission of an active email address and definition of the username and password for the account on the registration form available at the address:
    • express the consent to the present Terms and Conditions;
    • activating the account via the activation link received at the provided email address. app.satagro.pl/accounts/signup/ ;
  4. Alternatively, the account may be created by the Contractor based on the following data provided by the User or their representative by sending an email to the address office@satagro.net or by phone calling the number +48 570 000 941:
    • name of the farm or first name and surname of the User;
    • an active e-mail address of the User
    In such a case, the Contractor sets up an account for the User and provides the User with access data (login and password). The commencement of using the User's account requires acceptance of the Terms and Conditions.
  5. The User Account permits the use of Platform services and also provides access to User data along with the ability to modify them.
  6. The User is hereby obligated to store the data necessary for logging in (username and password) in a manner that precludes unauthorized third parties from accessing them.
  7. The User utilizing free subscriptions: "Starter" or "Precision Soil Smpling" has the option to independently delete their account by logging into the Platform, through the "Profile" section, or may contact the Executor via email at office@satagro.net or by telephone at number +48 570 000 941. In the case of Users who have an active paid subscription, deleting the account is equivalent to terminating the Sales Agreement and is subject to the rules specified in Section 8 of the Terms and Conditions.

§ 3. Placing Orders, Concluding the Sales Agreement and Processing Payments

  1. A paid annual subscription may be purchased by the User independently—at the time of account creation or after logging into the account—by selecting one of the available subscription plans on the platforms Store. Alternatively, the order may be placed through direct contact with the Contractor via email at office@satagro.net or by phone under +48 570 000 941.
  2. In the case of long-term subscriptions (for a period of 3, 4, or 5 years), placing an order for a subscription package is exclusively possible through direct contact with the Contractor via email at office@satagro.net or by phone under +48 570 000 941.
  3. Upon purchasing a one-year subscription or when the User places an order for a paid SatAgro subscription, there results the conclusion of the Sales Agreement and the Licensing Agreement.
  4. The User will be informed via electronic mail about the activation of the paid subscription (to the e-mail address provided at account registration). If during the order placement the User requests the issuance of a VAT invoice and provides the necessary data, the invoice shall also be delivered via electronic mail.
  5. In the case of an independent purchase of an annual SatAgro subscription through the Store, the User has the right to choose one of the following payment methods (if it is available in the user's geographic location):
    • Payment by credit card or bank transfer through the intermediary service of PayU;
    • Payment by credit card or bank transfer via the Stripe service;
    • Self-service payment by bank wire transfer outside the Online Store.
    In the case of a purchase made as a result of an email or telephone contact with the Contractor, payment shall be made by bank transfer to the account number specified in Section 3 paragraph 8.
  6. In the case of the payment method described in Section 3, Paragraph 5, Point a, payment must be made immediately upon selecting this option. If this payment method is chosen, the payment will be processed by PayU S.A., headquartered in Poznań (60-166) at 182 Grunwaldzka st. (KRS: 0000274399).
  7. In the case of the payment method described in Section 3(5)(b), payment shall be made immediately upon selection of this method. In the event of selection of this payment method, payment shall be processed by Stripe Inc., located at 510 Townsend Street, San Francisco, CA 94103, United States.
  8. In the case of the form described in Section 3 paragraph 5 point c, the User shall be obliged to make the payment within two business days. The payment date shall be deemed to be the date of issuing an order to transfer funds to the bank account of the Contractor.

    Details concerning the execution contractor's bank accounts:

    SatAgro Sp. z o.o.
    93 Żwirki i Wigury St.
    02-089 Warsaw (Poland)

    Currency IBAN Bank SWIFT
    EUR PL 39 1140 2004 0000 3212 0816 6573 mBank S.A. BREXPLPWMBK
    USD PL 34 1140 2004 0000 3412 0816 6565 mBank S.A. BREXPLPWMBK
    PLN PL 46 1140 2004 0000 3502 7884 7518 mBank S.A. BREXPLPWMBK
    CZK PL 89 1140 2004 0000 3512 0964 7977 mBank S.A. BREXPLPWMBK

     

  9. The Contractor reserves to itself the right to conduct additional verification of User data, e.g., through telephone contact, in justified cases.

§ 4. Protection and Processing of User Personal Data

  1. By independently creating an account or through a mandate given to the Contractor, the User simultaneously consents to the placement of their personal data in the Platform’s database and its processing in compliance with Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the "General Data Protection Regulation" or "GDPR"). Such data shall be processed exclusively for purposes related to the provision of services offered by SatAgro, in a manner ensuring their security and confidentiality. The User has the right to access, correct, restrict processing, or request deletion of their data, in accordance with the principles set forth in the privacy policy.
  2. The Contractor guarantees all rights arising from the General Data Protection Regulation, i.e. the right of access, rectification and erasure of the User’s data, restriction of processing, the right to data portability, the right not to be subject to automated decision-making, including profiling, as well as the right to object to the processing of personal data.
  3. The Platform processes (e.g., collects, stores, analyzes, and otherwise) Users' personal data for the following purposes:
    • establishing and managing an Account or Accounts of the User;
    • enablement of providing Services to the User electronically and full use of the Platform;
    • assurance of account servicing, including resolution of technical issues;
    • assisting User inquiries, in particular those submitted directly to the Customer Service Department and also through the general contact form;
    • contacting Users, including for purposes related to the provision of services, user support, and permitted marketing activities, through available communication channels, in particular via e-mail and telephone.
    • recording settings, configurations and the users specified default values;
    • assurance of the security of the services provided electronically, including enforcement of compliance with this Regulation and combating fraud and abuse;
    • complaints handling;
    • conducting direct marketing activities relating to Contractors own services or products, as well as services or goods offered by third parties;
    • execution of obligations arising from legal provisions, including tax and accounting regulations;
    • assurance of payment services, guarantee of payments, and debt recovery;
    • conducting litigious, arbitral and mediation proceedings;
    • conducting scientific research and statistical analyses;
    • conducting archiving activities;
    • guarantee of settlement.
  4. The Contractor does not transfer Users' personal data to third parties without their consent, except for sharing such data with public institutions combating fraud and abuse, including in connection with ongoing proceedings related to potential rights violations or breaches of these Terms and Conditions.
  5. The Contractor may disclose anonymized data (i.e., such as cannot identify specific Users) to external service providers, trusted partners, or research institutions for the purpose of better adapting Services for Users, improving the overall quality and efficiency of Services provided via the Platform, and/or participating in scientific research.
  6. The Contractor reserves the right to transmit information which is part of the User's account in a manner that does not allow for his identification.
  7. The User is responsible for providing false personal data.

§ 5. Protection of the Contractor’s Intellectual Property and the Licensing Agreement

  1. The Platform, together with all texts, source code, graphics, interactive elements, and trademarks, is subject to the intellectual property rights of the Contractor, protected under Polish and international law. The Contractor reserves all rights to the Platform, including those not specified herein.
  2. Creating an account for the User on the SatAgro Platform (as referred to in Section 2) is equivalent to entering into a Software License Agreement, under which the Contractor grants the User:
    • exclusive license to use the User’s account during the validity period of the subscription;
    • A non-exclusive license for digital products created for the User, for an indefinite period.
  3. The User undertakes not to copy, distribute, or use any elements of the Platform in any manner other than as specified in the Terms and Conditions or in a written agreement issued by the Platform's representative.
  4. In the event of a breach by the User of the Terms and Conditions, the Contractor reserves the right to suspend or terminate the User’s account at any time without prior notice or reason. In such a case, the User is entitled to a refund of costs in accordance with the principles set forth in Section 8.

§ 6. Limitation of the Contractor’s Liability

  1. The User acknowledges the fact that contents transmitted via the Platform have an informational nature and that all decisions concerning their use are decisions of the User for which she/he bears full responsibility.
  2. The Contractor shall in no event be liable for any direct or indirect, accidental or intentional, losses arising from:
    • errors or defects in the content of the Platform;
    • errors or defects in the operation of the Platform;
    • misuse of the Platform;
    • unauthorized access to the Platform's servers;
    • interruptions in the availability of the Platform;
    • circumstances of a technical nature which prevent satellite operators and meteorological stations from providing data in accordance with the agreed frequency;
    • fluctuations in the supply of data from satellite optical sensors resulting from cloud cover;
    • viruses, Trojan horses, and similar malicious software transmitted by other entities through the Platform or onto the User’s computer device via the Platform.
  3. The liability limitation described in Section 6 Article 2 applies up to the highest level permitted by law within the jurisdiction in question.
  4. In the event of any issue occurring in the operation of the Platform, the User agrees that the sole action on their part shall be to contact the Contractor and optionally cease using the Platform.

§ 7. Warranties

  1. Contractor undertakes to immediately proceed with the removal of all material and implementation defects in the subject matter of this Agreement upon notification thereof by the User, and also to promptly inform about the progress of works in this regard.
  2. Repairs under the provided warranty are carried out by the Contractor free of charge.
  3. In the event of a critical error (incorrect operation of the Platform preventing the completion of a task that could be performed under normal operating conditions), the Contractor shall apply an effective workaround method within 2 business days from the date of notification. The elimination of the critical error shall take place within 5 business days from the date of notification.
  4. In the event of a non-critical error occurring, the Contractor shall apply an effective workaround within 5 business days from the date of filing the report. The correction of the error shall be implemented within 10 business days from the date of reporting.

§ 8. Right to Withdraw from the Sales Contract and Refund of Fees

  1. The User may rescind the Sales Agreement in writing without giving a reason and at no cost within fourteen (14) days from the date of purchase of the SatAgro subscription. To comply with the deadline, the declaration referred to in paragraph 3 of this section must be sent before its expiration.
  2. In the case of withdrawal occurring more than 14 days after the purchase date of the subscription, the Contractor shall refund the amount for the remaining months until the end of the subscription period, calculated from the following month after the cancellation occurred.
  3. To withdraw from this Sales Agreement, please complete the declaration of withdrawal attached as Annex 1 to the Regulations and send it electronically via email to the following address at office@satagro.net, or in writing to SatAgro Sp. z o.o., 93 Żwirki i Wigury st., 02-089 Warsaw.
  4. The Contractor shall immediately send to the User at the email address specified by him a confirmation of receipt of the declaration of withdrawal from the Sales Agreement.
  5. The executor shall not be liable for any failure to make a refund or delay in such payment if this arises from the User providing incorrect personal data or an erroneous bank account number.

§ 9. Final Provisions

  1. The Parties will make every effort in order to resolve any disputes arising from the use of the Platform through the method of amicable settlement.
  2. In matters not regulated by these Rules, the provisions of the Polish Civil Code shall apply.
  3. Regarding any change to the Termas and Conditions, the Contractor shall notify the User through a notification displayed upon logging into the User’s account.
  4. In case of any questions, information regarding irregularities in the functioning of the Platform, as well as improvement suggestions, the Contractor requests contact by email at: office@satagro.net,
  5. In the event of discrepancies, ambiguities, or interpretative conflicts between different language versions of these Terms and Conditions, the sole authentic version is the original version in Polish, which shall take precedence over all other translations.

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