Terms and conditions

Preamble

These Terms and Conditions ("Terms") define the rules and conditions for the operation of the SatAgro digital 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"), with its registered office at 93 Żwirki i Wigury St., 02-089 Warsaw, registered in the business register on 07.12.2016, with KRS: 0000650481, NIP: 7010639032, REGON: 365886156, and with share capital of 104 750 PLN.

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

  1. SatAgro is a precision agriculture digital platform that enables the use of automatically processed data from satellite sensors, ground-based sensors and agricultural machinery for monitoring crop fields, implementing precision farming practices, practising regenerative agriculture, and analysing profitability.
  2. The SatAgro platform is made available to the User via a User account created by the User, or on the User’s behalf (§ 2).
  3. Use of the Platform is subject to the type of subscription chosen by the User, which determines the scope of the services offered and the period for which they are provided. The types of subscriptions available, their prices and the scope of services offered under them are set out in § 1, Paragraphs 4–12 of the Terms and Conditions.
  4. The following subscription types are available:
    1. Subscriptions for perpetual access to the Platform:
      Subscription Starter Professional sampler Premium sampler
      One-off gross fee
      (includes 23% VAT)       		0.0 PLN/ac 10.0 PLN/ac 15.0 PLN/ac

      The Starter subscription is the default subscription, available free of charge and with no time restrictions upon creating an account on the Platform. Under this subscription, data relating to a single, User-defined crop field, with an area of no more than 50 hectares, is provided.

      The Professional sampler and Premium sampler subscriptions are designed for carrying out precise soil analysis that takes into account the variable soil potential visible in satellite images. These subscriptions can be purchased in the Store or by contacting the Provider – by email (office@satagro.net) or by telephone (+48 570 000 941).

      The detailed scope of services available under the Starter, Professional sampler and Premium sampler subscriptions is set out in § 1, Paragraphs 6, 10 and 11.

    2. Subscriptions for annual access to the Platform:
      Subscription Professional Premium Expert
      Annual gross fee
      (includes 23% VAT)       		20.0 PLN/ac 30.0 PLN/ac 40.0 PLN/ac

      The Professional, Premium and Expert subscriptions are designed for the comprehensive implementation of precision farming practices and other aspects of precision and digital agriculture. They can be purchased in the Store or by contacting the Provider – by email (office@satagro.net) or by telephone (+48 570 000 941).

      The detailed scope of services available under the Professional, Premium and Expert subscriptions is set out in § 1, Paragraphs 6-9.

    3. Subscriptions for multi-year access to the Platform:
      Subscription Premium for years Expert for years
      3-year gross fee
      (includes 23% VAT)       		90.0 PLN/ac 120.0 PLN/ac
      4-year gross fee
      (includes 23% VAT)       		120.0 PLN/ac 160.0 PLN/ac
      5-year gross fee
      (includes 23% VAT)       		150.0 PLN/ac 200.0 PLN/ac

      Subscriptions for multi-year access to the Platform can be purchased by contacting the Provider directly – either by email (office@satagro.net) or by telephone (+48 570 000 941).

      The detailed scope of services available under the Premium for years and Expert for years subscriptions is set out in § 1, Paragraphs 6-9.

  5. Whilst using a Professional, Premium or Expert subscription, regardless of the length of the subscription period, the User may also purchase an additional annual Full support service.
    Additional service Full support
    Annual gross fee
    (includes 23% VAT)     		246.0 PLN/crop field

    The Full support service extends technical support to include agronomic consultancy, particularly in relation to mapping and agrotechnical tasks (the detailed scope is set out in § 1, Paragraph 12). This service can be purchased by contacting the Provider directly – either by email (office@satagro.net) or by telephone (+48 570 000 941).

  6. All subscription types for access to the SatAgro platform include the data and services described in points a–o below, relating to the User’s defined crop fields; however, under the Starter subscription, the data and services may relate to only one crop field, and in the case of the Professional sampler and Premium sampler subscriptions, current satellite data is not updated after the date of purchase:
    1. satellite data analysis showing the diversity of vegetation cover and providing all cloud-free images in the following format:
      • map: resolution of 10 meters (Sentinel-2 satellites); 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 satellites; satellite overflight twice daily).
    2. access to historical (i.e. acquired prior to the activation of the subscription) cloudless data from the above-listed satellites from at least the current and previous season;
    3. 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 (management) zones, soil survey results, and fertiliser management plans;
    4. access to a module enabling the creation of productivity (management) zones for crop fields;
    5. access to a module enabling the creation of soil sampling zones and integration of the sampling results with the User’s account;
    6. access to a module enabling the development of crop protection treatments, including in a variable rate application version;
    7. access to the module enabling the creation of maps for precision sowing/planting purposes;
    8. access to the module enabling the preparation of fertiliser management plans in the format of maps and reports which are basis for precision treatments;
    9. the possibility to enter and visualise crop history and registry of treatments;
    10. access to charts enabling analysis of past and current meteorological data;
    11. daily update of meteorological data, including weather forecasts;
    12. calculation of Growing Degree Days (GDD), accumulated precipitation and other agrometeorological indicators;
    13. the possibility to define automatic notifications linked to crop condition and meteorology
    14. the ability to compare crop fields and growing seasons, measure length and area, and to edit map;
    15. access to the SatAgro mobile app for Android and iOS operating systems, including the tools integrated into it to support the execution of precision treatments in the field, crop condition assessment, and adding of notes and photos linked to the User’s account, complete with geographical coordinates.
  7. The Professional subscription includes the set of data and services described in § 1, Paragraph 6, as well as the following additional features:
    1. monitoring of an unlimited number of crop fields within the purchased area;
    2. 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;
    3. the possibility of exporting application maps in formats compatible with agricultural devices and access to them via the SatAgro mobile application.
    4. 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;
    5. integration with the external online systems: MyJohnDeere Operations Center, FarmENGAGE, agrirouter and Hydra System
    6. the possibility of exporting treatment registries;
    7. 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;
    8. technical support;
  8. The "Premium" and "Premium for years" subscriptions include the set of data and services described in § 1, Paragraph 6 and 7, as well as the following additional features:
    1. access to commercial high-resolution satellite images (pixel 3 m) supplied by Planet Labs PBC satellite constellation;
    2. integration of data from User’s weather stations with the SatAgro account (if such data are published and available on the Internet);
    3. integration of data from User’s other sensors (IoT) with the SatAgro account (if such data are published and available on the Internet);
    4. assistance in the definition of field management zones.
  9. The "Expert" and "Expert for years" subscriptions, include the set of data and services described in § 1, Paragraph 6, 7 and 8, as well as the following additional features:
    1. access to the Profitability module allowing to estimate crops’ profitability, also in the form of maps;
    2. access to a tool enabling an assessment of compliance with selected Good Agricultural and Environmental Conditions (GAEC);
    3. access to tools supporting the implementation of the eco-scheme "Carbon Farming and Nutrient Management".
  10. The Professional sampler subscription includes all the data, services and features offered under the Professional subscription, with the exception of the ability to export application maps, fertiliser plans and treatment registries, and access to satellite data recorded after the subscription purchase date.
  11. Under the Premium sampler subscription, the Professional sampler subscription package is extended to include access to commercial high-resolution satellite imagery (pixel 3 m) captured by the Planet Labs PBC satellite constellation prior to the date of subscription purchase.
  12. The additional service Full support includes:
    1. aligning electronic crop fields boundaries with the current area under cultivation;
    2. assigning the following to crop fields: cadastral parcels, their identification numbers, owners and lease payment dates;
    3. entering the crop and yield history, based on information provided by the User;
    4. defining management (productivity) zones;
    5. defining soil sampling zones;
    6. integrating soil sampling results (provided the location of the zones or sampling points is known);
    7. defining fertiliser management plans and related reports in accordance with applicable requirements, including the ‘Carbon Farming and Nutrient Management’ eco-scheme;
    8. creating precise application maps for the purposes of:
      • sowing;
      • mineral fertilisation;
      • organic fertilisation;
      • liming;
      • crop protection;
      based on information and guidelines provided by the User (products used, dates, rates – where different from those specified in fertiliser management plans), as well as crop condition data available on the platform;
    9. maintaining a record of:
      • fertilisation treatments;
      • plant protection treatments;
      • other agrotechnical treatments;
    10. 5 hours of online training on using the SatAgro platform;
    11. remote support for exporting application maps, including wireless export;
    The User is required to provide the information necessary to carry out a specific support service at least ten working days before the support is provided.
  13. At any time, the subscription to the SatAgro platform initially selected by the User may be upgraded to a subscription offering more data, services and features (e.g. upgrading from a Professional subscription to a Premium subscription), whereby the price for the upgrade is equal to the difference in price between the current and target subscriptions, multiplied by the fraction of the subscription period remaining until its expiry.
  14. Data and services referred to in Art. 6–12 are provided through the SatAgro 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.
  15. 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 SatAgro Platform requires having the following equipment:
    1. 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;
    2. broadband Internet connection;
    3. the up-to-date version of a web browser, such as Firefox, Chrome, Safari, or Microsoft Edge;
    4. enabled support for JavaScript and CSS styles in the web browser;
    5. active e-mail account;
    6. to use the SatAgro mobile application, a smartphone or tablet should have 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 permits the use of Platform services and also provides access to User data along with the ability to modify them.
  4. The User Account may be created by the User by performing the following actions:
    1. entering of an active email address and definition of the username and password for the account on the registration form available at the address: app.satagro.pl/accounts/signup/;
    2. consenting to these Terms and Conditions;
    3. activating the account via the activation link received at the provided email address.
  5. Alternatively, the User 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):
    1. name of the farm or first name and surname of the User;
    2. 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.
  6. The Provider reserves the right to make the final decision regarding the creation of a User Account, including the right to refuse to create an account without giving a reason.
  7. 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.
  8. The User utilising free subscriptions "Starter" has the option to independently delete their account after logging into the Platform, or may send a request to the Provider via email (office@satagro.net) or by telephone (+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 § 8 of the Terms and Conditions.

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

  1. A paid annual subscription (Professional, Premium, Expert) or a paid perpetual subscription (Professional sampler, Premium sampler) 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 Platform’s Store. Alternatively, the order may be placed through direct contact with the Provider via email (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), and the Full support additional service, placing an order is exclusively possible through direct contact with the Provider via email (office@satagro.net) or by phone under (+48 570 000 941).
  3. The Sales Agreement and the Licensing Agreement are concluded as soon as the User purchases a subscription independently via the Shop or places an order by email or telephone.
  4. The User will be informed via electronic mail, sent to the e-mail address provided at account registration, about the activation of the paid subscription. If during the order placement the User requested the issuance of a VAT invoice and provided 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):
    1. payment by credit card or bank transfer through the intermediary service of PayU;
    2. payment by credit card or bank transfer via the Stripe service;
    3. 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 § 3, Paragraph 9.
  6. In the case of the payment method described in § 3, Paragraph 5(a), payment must be made immediately upon selecting this option. 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 § 3, Paragraph 5(b), payment must be made immediately upon selecting this option. The 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 § 3, Paragraph 5(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.
  9. Details of the Contractor’s bank accounts:

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

    Currency IBAN Bank SWIFT
    PLN PL 46 1140 2004 0000 3502 7884 7518 mBank S.A. BREXPLPWMBK
    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
    CZK PL 89 1140 2004 0000 3512 0964 7977 mBank S.A. BREXPLPWMBK
  10. The Contractor reserves the right, where justified, to carry out additional verification of the User’s details, e.g. by telephone.

§ 4. Protection and Processing of the User’s 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 their 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, and repealing Directive 95/46/EC (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.
  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, analyses, and otherwise) Users' personal data for the following purposes:
    1. establishing and managing an account or accounts of the User;
    2. enablement of providing Services to the User electronically and full use of the Platform;
    3. assurance of account servicing, including resolution of technical issues;
    4. handling User enquiries, in particular those submitted directly to the user support department and via the general contact form;
    5. contacting Users, including for purposes related to the provision of services, user support, and permitted marketing activities related to Contractor’s own services or products and services or goods offered by third parties, through available communication channels, in particular via e-mail and telephone;
    6. recording settings, configurations and the users specified default values;
    7. assurance of the security of the services provided electronically, including enforcement of compliance with this Regulation and combating fraud and abuse;
    8. complaints handling;
    9. execution of obligations arising from legal provisions, including tax and accounting regulations;
    10. assurance of payment services, guarantee of payments, and debt recovery;
    11. conducting litigious, arbitral and mediation proceedings;
    12. conducting scientific research and statistical analyses;
    13. conducting archiving activities;
    14. 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 provided via the Platform to Users, improving the overall quality and efficiency of Services, or participating in scientific research that brings benefits to society in the broadest sense.
  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 § 2) is equivalent to entering into a Software License Agreement, under which the Contractor grants the User an exclusive license to use the User’s account during the validity period of the subscription.
  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 Contractor's representative.
  4. In the event of a breach of the Terms and Conditions by the User, 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 § 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:
    1. errors or defects in the content of the Platform;
    2. errors or defects in the operation of the Platform;
    3. misuse of the Platform;
    4. unauthorized access to the Platform's servers;
    5. interruptions in the availability of the Platform;
    6. circumstances of a technical nature which prevent satellite operators and meteorological stations from providing data in accordance with the agreed frequency;
    7. fluctuations in the supply of data from satellite optical sensors resulting from cloud cover;
    8. 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 § 6, Paragraph 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. Warranty

  1. The Contractor undertakes to proceed without delay to rectify any material or workmanship defects within the Platform once they have been reported by the User, and to keep the User informed of the progress of such work.
  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 by the User. 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 notification by the User. The correction of the error shall be implemented within 10 business days from the date of notification.

§ 8. The right to withdraw from the Sales Agreement and a refund

  1. The User may rescind the Sales Agreement in writing without giving a reason, and at no cost, within 14 days from the date of purchase of the SatAgro subscription or the Full support additional service. 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 due for the remaining months until the end of the period to which the purchase related, counting from the month following that in which the contract was terminated.
  3. To withdraw from this Sales Agreement, please complete the declaration of withdrawal attached as Annex 1 to the Terms and Conditions and send it electronically via email to the email address office@satagro.net, or in writing to the address SatAgro Sp. z o.o., 93 Żwirki i Wigury st., 02-089 Warsaw.
  4. Upon reception of the declaration of withdrawal, the Contractor shall immediately send the User, to the email address provided by the User, confirmation of receipt of the notice 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 Terms 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, notification regarding irregularities in the functioning of the Platform, as well as improvement suggestions, the Contractor requests to be contacted 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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