TERMS AND CONDITIONS

Pixofarm GmbH

Donau-City-Straße 6/2. OG/1

1220 Wien

E-Mail: [email protected]

 

Purpose of the company:

Help apple producers optimize their harvest

 

Managing Directors:

Farid Edrisian

Stefan Perkmann Berger

 

VAT number: ATU74757934

Company registration number: 514936i

Commercial registration court: Commercial Court Vienna

1. Your Acceptance

Unless otherwise agreed to in writing between you and us, by using our Site and Service you agree to the following: These Terms and Conditions are an agreement ("Agreement", “Terms”) between Pixofarm GmbH, an Austrian company doing business as Pixofarm and the owner and operator of the Pixofarm software, the Pixofarm mobile applications ("Pixofarm"), and you ("you ," "your" or "user (s)"), a user of our website or service. Throughout this document, the words "Pixofarm", "Pixofarm GmbH", "us", "we", and "our" refer to us, Pixofarm GmbH; our site and service pixofarm.com ("Site" or "Service"), or our application, Pixofarm ("Application"), as is appropriate in the context of the use of the words. These Terms apply to your use of all the Services, including any applications available via the Apple, Inc.'s App Store, Google Inc.'s Google Play Store, and any other third-party application store (collectively, the "Application Provider").

Please read the Terms and the Privacy Policy before using our Site and Service. This Agreement is legally binding on both parties and governs your use of our Application, Site and Service. By using or accessing any part of our Site or Service, you agree to be bound by these Terms and the Privacy Policy.

If you are registering or using the Service on behalf of, or in connection with, your employment or engagement with a company, entity or organization (collectively, “Subscribing Organization”), you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms, and you hereby do agree to be bound by these Terms on behalf of such Subscribing Organization. In such a case, references to “you” in these Terms shall be construed to mean you, the Subscribing Organization, and any other individual that uses the Service on the Subscribing Organization’s behalf or in connection with their employment with or engagement by such Subscribing Organization. To the extent your Subscribing Organization has a separate written agreement with Pixofarm that separate written agreement will define the order of precedence between these Terms and that separate agreement with respect to such Subscribing Organization, provided that you remain individually bound by these Terms with respect to your use of the Service.

We may amend our Terms or Privacy Policy from time to time and ask you to check this page to review the changes. Where permitted by law your continued use of our Application, Site or Service will constitute acknowledgement and consent to any amendments made within the Privacy Policy and Terms of Service.

2. Description of Service

Pixofarm is a mobile application, which helps farmers optimize their harvest. By getting accurate and real-time information about fruit growth and production forecasts, they have the control over your orchards and can manage their resources more efficiently, reduce uncertainty and take measures to optimize season’s outcome. We will never sell or provide your personal data or farm data to another party without your explicit consent.

"Personal Information" refers to information that may be used to distinguish or trace an individual's identity, either alone or when combined with other personal identifying information.

3. User Accounts

Before using Pixofarm, you will need to sign up for an account. During registration we require that you provide us with your full name, country and Phone number. We may also require additional information from you if necessary. When downloading our Application, we may collect additional information such as your MAC or IP address.

After registering, Pixofarm will provide you with a username. We have the final discretion in granting accounts and reserve the right to reject users without explanation.

If there is no necessity due to comply with our contractual or legal obligations, we will never disclose your personally identifying information to third parties without your consent. However, we may provide non-identifying information to third parties in an aggregate form. We may at our discretion restrict, limit or revoke your ability to register or use Pixofarm at any time. For more information please read our Privacy Policy.

4. Limited License and Use of Pixofarm

When using any of our Site, Services or our Application, we grant you a limited, non-exclusive license to install and use our software or application. We may make our Application available on our Site or elsewhere, such as a third-party store dedicated to the promotion and sale of apps. You are given the right to download one copy of the Application at the price listed on our website or in our App, if any.

This means that you cannot sell our Service or Application anywhere else, share your license with anyone else, reverse engineer or otherwise attempt to copy our Service or Application without our express written permission. Even if we offer our Service or Application for free, you must still abide by these provisions and not copy or otherwise use our Application in a manner prohibited by this section. You obtain no ownership rights when you purchase and download our software or Application but are instead buying (or, in the case of a free download, being given) a license to install and use our software or Application within the confines of this Agreement.

When using our Application, Site or Service, you assume full responsibility for your use and agree not to use it in ways not explicitly authorized by Pixofarm. You are responsible for your use of Pixofarm and for any use of Pixofarm makes using your account. You agree not to access, copy, or otherwise use Pixofarm, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Pixofarm.

 

By using our Site and Service you agree to the following:

  • You agree not to transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our reasonable opinion;

  • You agree to provide truthful and accurate content;

  • You agree not to violate any contract, rules or policies that govern the use of your mobile device, as directed by your wireless carrier and/or mobile device manufacturer;

  • You agree not to transmit any malicious or unsolicited software;

  • You agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;

  • You agree not to violate any requirements, procedures, policies or regulations of networks connected to Pixofarm;

  • You agree not to interfere with or disrupt the operations and/or business of Pixofarm;

  • You agree not to hack, spam, or phish us or other users;

  • You agree to act within the bounds of common decency when using our website;

  • You agree not to collect or store personal information about other end users;

  • You agree to not violate any law or regulation, and you are solely responsible for such violations;

  • You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Application, Site, or any of our Services;

  • You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a thirty party's website, such as by requesting its removal from a search engine;

  • You agree not to infringe upon our intellectual property rights unless you have our written permission to use it in the specific manner that you used it;

  • You represent and warrant that you are the current or prospective owner or tenant, or are otherwise directly involved in the production of a crop from the fields for which any imagery service has been ordered;

  • You agree that you will not nor allow other persons to use the imagery service for fields that you do not own or directly farm;

If you undertake any of the aforementioned actions, your privileges to use our Service may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but Pixofarm reserves the right to suspend or terminate any account at any time without notice or explanation.

The Pixofarm Site, Service, and Application may contain links to other websites (such as in advertisements), integrated third-party products or allow others to send you such links. A link to a third-party's website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites. Your access to such third-party websites or content shall be at your own risk, and you should always read the terms of use and privacy policy of a third-party website before using it. Pixofarm shall not be responsible for any damages or loss related to the use of any contents, goods or services available on or through any third-party website.

5. Intellectual Property Rights

The design of the Pixofarm Service along with Pixofarm-created text, scripts, graphics, interactive features, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Pixofarm, and subject to copyright and other intellectual property rights under Austrian and foreign laws and international conventions. Pixofarm reserves all rights not expressly granted in and to the Service and the Site.

You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given you express written permission.

6. Content

When you send content to Pixofarm (e-mail, social media, etc.), you grant Pixofarm and its affiliates and representatives and assigns a non-exclusive, fully-paid, perpetual, royalty-free, worldwide, universal, and transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, and prepare derivative works and otherwise use and reuse all or part of your content and anything we may make with your content through Pixofarm or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with your content, and to use your content to advertise and promote Pixofarm.

We are not required to host, display, or distribute any content, and we may refuse to accept or transmit content and may remove or delete content from Pixofarm at any time.

7. Payment and Refunds

Pixofarm offers paid subscriptions. After receipt of the invoice by Pixofarm, the customer must transfer the amount stated therein within 30 days to the account Erste Bank-Wien, IBAN: AT22 2011 1840 9798 6700, BIC-Code GIBAATWWXXX.

The prices for Pixofarm services are exclusive of VAT. In case of settlement, any taxes will be added to the product price.

At Pixofarm, we want to make sure that you are completely satisfied with our Service. Therefore, you may cancel your account with us at any time. However, a refund may not be granted in all circumstances. Although we may grant refunds in most cases, we examine refunds on a case-by-case basis and have the sole discretion in granting or denying any refunds.

8. Representations and Warranties

We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this agreement or our services, for reasons including, but not limited to, failure of our service, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists. You agree that we are not responsible in any way for damages caused by third parties who may use our services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards you.

We are not liable for any failure of the goods or services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently. The provision of our service to you is contingent on your agreement with these Terms and any other agreement we have entered into with you. Nothing in the provisions of this "representations & warranties" section shall be construed to limit the generality of the first paragraph of this section.

​For the avoidance of doubt Pixofarm shall in no event be responsible for a failure or non-performance of its Services if this is due to circumstances beyond the control of Pixofarm (without Pixofarm having at least gross negligently violated a contractual obligation associated therewith).

9. Limitations on Liability

In no event shall Pixofarm, its directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Pixofarm shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. In the event of any problem with this Site and/or Application or any content, you agree that your sole remedy is to cease using this Site. In the event of any problem with the products or services that you have purchased on or through this website, you agree that your sole remedy, if any, is to terminate use of our Site and/or Application. Pixofarm is not liable to you or to third parties for any damage, harm, injury or claim.

Furthermore, Pixofarm shall have no liability if damages or errors results from use of the service without following the explanations available on https://www.pixofarm.com/user-guide

10. Indemnity

You agree to defend, indemnify, and hold harmless Pixofarm GmbH, its directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Pixofarms Site and Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Pixofarm Service.

The Pixofarm software may contain software provided by third parties, and such third party’s software shall be subject to the terms set forth in the agreements pertaining to such software. In the event such agreements are not available, such third party’s software is provided on an “as is” and “as available” basis, without any warranty of any kind, and the provisions of this Agreement shall apply to all such third party software providers and third party software as if they were Pixofarm and the Service, respectively.

11. Miscellaneous

Should individual provisions of these Terms be ineffective, the remaining contract remains nonetheless valid. In this case, the ineffective provision will be replaced by a legally valid provision that comes closest to that intended by the parties.

Austrian law applies to these Terms and the purchase contract based thereon. The place of jurisdiction is Vienna, Austria.

All agreements, subsequent changes, additions, ancillary agreements, etc. must be in writing to be valid, including the original signature or secure electronic signature.

Declarations, advertisements, etc. addressed to Pixofarm - with the exception of notices of defects - must be in writing in order to be legally effective, including the original signature or the secure electronic signature.

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

12. CONTACTING US

If you have any questions about Our Site or this Privacy Policy, please contact Us by e-mail at [email protected] or by post at Donau-City-Straße 6/2.OG/1, 1220 Vienna, Austria. Please ensure that your query is clear.

 

13. CHANGES TO OUR TERMS OF SERVICES

We may change this Privacy Policy as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up to date.

Pixofarm GmbH

Donau-City-Straße 6/2. OG/1

1220 Wien

E-mail: [email protected]

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