Agrobit Contact
English
← Home

Terms and Conditions

Art. 1 – Acceptance of the Terms

The service described and offered to the user (the "User") herein is provided by Agrobit S.r.l. (the "Provider"), Via Fiume 11, 50123 Firenze (FI), VAT No. IT07166840483. The User fully accepts these GTCS (General Terms and Conditions of Service) by ticking the box next to the statement "I declare that I have read the General Terms and Conditions of Service, that I have understood their content, and that I accept them fully and without reservation" in the personal data registration window. The Provider reserves the right to modify the GTCS at any time and without notice. The User may check the text of the GTCS currently in force at any time, as updated from time to time by Agrobit S.r.l.. The Provider may also offer additional services which may from time to time be governed by different general terms and conditions. In such cases, the GTCS will not apply to those particular services.

Art. 2 – Definitions

In the body of this agreement, certain words or phrases will be used, and it is important that their meaning be understood. Please note that the list below is not exhaustive: "GTCS (General Terms and Conditions of Service)" refers to the terms of the service; "service" refers to the services covered by the GTCS and in particular to the iAgro software; "user/licensee" refers to the party making use of the services offered and governed by the GTCS; "licensor" refers to Agrobit S.r.l.;

Art. 3 – Description of the service

iAgro is a SaaS (Software as a Service) application for mobile devices, accessible via the Internet, with a cloud computing engine, that provides decision-support data to farmers and agricultural technicians.
The iAgro application allows the user to use their smartphone to collect georeferenced photographic datasets of crops in order to generate 3D models (point clouds) of them through in-cloud processing. Using proprietary algorithms, the 3D models are analyzed to obtain biometric information about the plant under study (thickness, height, leaf volume), vigor parameters such as LAI (Leaf Area Index), LWA (Leaf Wall Area), TRV (Tree Row Volume), and optimal doses of water and crop protection product for phytosanitary treatments.
The data collected through the iAgro application promptly supports the farmer or technician in creating vegetative variability maps (vegetative vigor) to optimize crop operations, such as fertilization and fruit harvesting, as well as prescription maps for variable and optimized phytosanitary treatments.

The iAgro application processes the information provided by the customer in order to improve the management of their agricultural production. All information collected will be used in the interest of the customer in order to provide useful tools for managing their activities. In order to use the Service, the user must obtain internet access by means of up-to-date devices owned by the user. Agrobit S.r.l. does not guarantee the local, temporal, or qualitative availability of the internet infrastructure necessary for data transfer and, in particular, does not guarantee that data transfer and submission operations can be performed within a predetermined time frame.

By using the iAgro application, the User accepts these terms of use. These terms of use may change from time to time. Please review these terms of use periodically to make sure you are familiar with the current terms.

The User agrees to submit material (photographs, text, GPS location) using the iAgro application voluntarily and in good faith.

The User retains ownership of all material submitted using the iAgro application. If the User submits material belonging to others, the User must ensure that they have the owner's permission. If the User is a minor, the User must ensure that they have the permission of their parent or guardian.

The User is responsible for all material submitted using the iAgro application. The User agrees to ensure that the material submitted is as accurate as possible. Please do not upload inappropriate content. Inappropriate content includes photographs that have been digitally altered and images or text that are inappropriate or obscene. We reserve the right to remove any submitted material as we see fit.

Art. 4 – Use of Software, Open Source Models, and Third-Party Services

The iAgro app uses third-party open source software components, including, but not limited to, OpenDroneMap (ODM). ODM is software for the photogrammetric processing of images, distributed under the GNU Affero General Public License v3.0 (AGPL-3.0). iAgro uses ODM as an external, independent microservice, without making any modification to its source code. In accordance with the terms of the AGPL-3.0 license, it is specified that the original source code of OpenDroneMap is freely accessible at the following address: https://github.com/OpenDroneMap/ODM.

The iAgro app incorporates a procedure for the optimal calculation of crop protection product doses based on the approach and derived from the formulas presented in: Carla Román, Miquel Peris, Joan Esteve, Miguel Tejerina, Jordi Cambray, Pere Vilardell, Santiago Planas, "Pesticide dose adjustment in fruit and grapevine orchards by DOSA3D: Fundamentals of the system and on-farm validation", Science of The Total Environment, Volume 808, 2022, 152158, ISSN 0048-9697, https://doi.org/10.1016/j.scitotenv.2021.152158. The article is released under the Creative Commons Attribution 4.0 International (CC BY 4.0) license.

The plant disease and insect identification service based on image analysis integrated into iAgro makes use of the Gemini API, a multimodal artificial intelligence model provided by Google LLC (via Google AI or Google Cloud Vertex AI). Images uploaded by the user are transmitted to the Gemini service for diagnostic processing and the subsequent return of the result to the app. It is specified that the Gemini API does not constitute open source software, but rather a proprietary third-party service, the use of which is governed by the relevant Terms of Service, available at https://ai.google.dev/terms and, for use via Vertex AI, at https://cloud.google.com/terms. The processing of data associated with the use of the Gemini API is governed by the specific section of this notice dedicated to the processing of personal data.

The iAgro app also uses pedological data (chemical-physical properties of the soil) provided by the SoilGrids service, developed and maintained by ISRIC – World Soil Information. SoilGrids provides global soil property maps at a resolution of 250 m, generated using machine learning models trained on the WoSIS (World Soil Information Service) database. SoilGrids data is distributed under the Creative Commons Attribution 4.0 International (CC BY 4.0) license and is accessible at https://www.isric.org/explore/soilgrids. Bibliographic reference: Poggio, L., de Sousa, L. M., Batjes, N. H., Heuvelink, G. B. M., Kempen, B., Ribeiro, E., Rossiter, D., "SoilGrids 2.0: producing soil information for the globe with quantified spatial uncertainty", SOIL, 7, 217–240, 2021, https://doi.org/10.5194/soil-7-217-2021.

The iAgro app also uses Earth observation data acquired by the Sentinel-2 mission, part of the European Union's Copernicus Programme, implemented by the European Commission in collaboration with the European Space Agency (ESA), which is responsible for the development and management of the space segment. Sentinel-2 data consists of high-resolution optical multispectral images (10 m, 20 m, and 60 m depending on the band), used within iAgro to monitor the vegetative status of crops, calculate vegetation indices (including NDVI, NDRE, EVI, NDWI), and generate intra-field variability maps to support agronomic decisions. Sentinel data is distributed in accordance with the "full, free and open" policy established by Regulation (EU) No. 377/2014 of the European Parliament and of the Council and is governed by the "Legal Notice on the use of Copernicus Sentinel Data and Service Information", which allows its use, reproduction, distribution, adaptation, and redistribution by users worldwide, subject to appropriate attribution. The data is accessible through the Copernicus Data Space Ecosystem at https://dataspace.copernicus.eu/, and information about the mission is available at https://sentinels.copernicus.eu/web/sentinel/missions/sentinel-2. Attribution: "produced from ESA remote sensing data" / "contains modified Copernicus Sentinel data [year]".

Lastly, the iAgro app makes use of the Open-Meteo service (https://open-meteo.com/) to provide weather data and agrometeorological forecasts, used exclusively for agronomic purposes, such as supporting in-field decisions, planning crop operations, and analyzing climate risks. Open-Meteo is an open source service that aggregates and reprocesses numerical forecast data provided by national meteorological services (including Deutscher Wetterdienst – DWD, the National Oceanic and Atmospheric Administration – NOAA, Météo-France, and the Canadian Meteorological Center – CMC). Data provided through the Open-Meteo API is distributed under the Creative Commons Attribution 4.0 International (CC BY 4.0) license, while the related source code is released under the GNU Affero General Public License v3.0 (AGPL-3.0) and is accessible at https://github.com/open-meteo/open-meteo. The terms of service and license conditions are available at https://open-meteo.com/en/terms and https://open-meteo.com/en/license, respectively. Attribution: "Weather data by Open-Meteo.com". The data transmitted to the Open-Meteo service is limited to the geographic coordinates of the field or area of interest, necessary to obtain contextualized forecasts; no personally identifying data of the user (such as name, email address, or phone number) is transmitted.

Any questions regarding the use of software, open source models, or third-party services within iAgro may be addressed to: helpdesk@agrobit.ag.

Art. 5 – Registration obligations

In order to use the Service, the User undertakes to:

  1. a) provide the information requested during the registration process, ensuring that it is up-to-date, complete, and truthful ("Registration Data");
  2. b) promptly and continuously update the Registration Data so that it always remains current, complete, and truthful. If the User provides false, inaccurate, outdated, or incomplete information, or if the Provider believes, based on its own discretionary assessment, that the information provided by the User is false, inaccurate, outdated, or incomplete, the Provider shall in any case have the right to temporarily or permanently deactivate the User's account and to prevent any further use of the Service by that User.

The information provided will be processed as set out in detail in the following articles.

Art. 6 – Information on the protection of personal data

The Registration Data, as well as any other information that may be linked, directly or indirectly, to a specific User, is collected and used in accordance with European Regulation 679/2016, Legislative Decree No. 196/2003 as amended by Legislative Decree No. 101/2018 (the "Italian Privacy Code"), and subsequent amendments and additions.

Below is a brief summary of certain information regarding how the User's data is processed; for further detail, reference is made to the notice available on the website and within the app, downloaded by the User and explicitly accepted after having been duly reviewed:

  1. The Data Controller is Agrobit s.r.l., via Fiume 11, 50123 Firenze (FI), VAT No. IT07166840483. The user may contact the Data Controller by email at info@agrobit.ag to request any information regarding their personal data; furthermore, the user may exercise the rights provided for under articles 15-20 of the Regulation, again using the email contact info@agrobit.ag, to request access, correction, updating, blocking or restriction of use, deletion, or portability of their personal data;
  2. The "Registration Data" provided is collected and used by the software, including by means of computerized and automated tools and procedures, for the following purposes: (i) purposes directly connected with and instrumental to the provision and management of the Service, in accordance with these GTCS; (ii) subject to the User's consent, commercial information, marketing, and market research, and the sending of advertising material relating to products and services; (iii) subject to the User's consent, assessment of the quality of the Services and the degree of User satisfaction, carried out either directly or with the collaboration of specialized companies; (iv) statistical surveys and data collection for the development of algorithms and the optimization of the services provided.
  3. Providing the "Registration Data" is mandatory, and failure to provide it will make it impossible to provide the Service. Failure to provide data not expressly indicated as necessary for the purposes referred to in point 1, letters ii) and iii) above will not in any way affect the provision of the Service. Specifically, the user may withdraw consent to the use of information for commercial promotion at any time, which will result in the impossibility of further contact for the promotion of services or similar activities.
  4. Some data entered into the platform may be disclosed by the Provider, for all the purposes indicated above in point b, to third parties and/or partners engaged to carry out activities directly connected with and instrumental to the provision and distribution of the Service, or to enable us to improve the service offered.

Art. 7 – User credentials

Upon completion of the Service registration process, the User is assigned an account ("Username or User ID") and a confidential password (Access Data), for which the User is the sole and exclusive person responsible, including with regard to the activities carried out through their use.

The User therefore undertakes to immediately notify Agrobit s.r.l. of any unauthorized use of their password or account, as well as of any other breach of security rules of which they become aware; Agrobit s.r.l. cannot in any way be held liable for any damages resulting from non-compliance with this article. The User acknowledges that, in order to regulate access to the Service, authentication is based exclusively on verification of the Username and Password used by the User. The User is therefore responsible for safeguarding and correctly using their account, Username, and password to access the Service, as well as for any harmful consequence or prejudice that may result, to Agrobit s.r.l. or to third parties, from the incorrect use, loss, theft, and/or compromise of the confidentiality of the account, Username, and password used by the User. All operations carried out through the account, Username, and password used by the User result in the automatic attribution to the User of the operations carried out and the requests made, without exception. The User acknowledges that Agrobit s.r.l. may always produce, as evidence of the operations carried out by the User and, more generally, of its relations with the User, evidence obtained from the systems and computerized procedures used by the Provider to regulate access to the Service. The User may disclose the Access Data exclusively to their own employees who need to use such Data in carrying out their duties. As soon as the User becomes aware of any use of such Data that does not comply with what is contractually provided, the User must immediately report the event to the Licensor. Upon receipt of such notification, the Licensor may disable access to the service. In such a case, the service will only be reactivated after Agrobit s.r.l. has received specific written communication from the User.

Art. 8 – Data retention

Agrobit s.r.l. ensures the confidentiality and security of the storage of data uploaded to the system by the user, but is not responsible for the correctness, compliance, or accuracy of the data entered. Agrobit s.r.l. may carry out certain processing activities using internal personnel or through third parties, and it will be our responsibility to ensure that they comply with the conditions set out in applicable legislation.

Agrobit s.r.l. undertakes, in accordance with these terms of service, to store the data entered by the User and to make it available to the User for processing through the tools offered by the Service.

Agrobit s.r.l. reserves the right to retain customer information in anonymized or aggregated form for statistical and scientific use aimed at improving the services provided, on the basis of a legitimate interest. Should the user request the deletion of their information, it will be removed from our archives; however, data for which the legal basis of processing is other than consent will be retained, as stated in the notice provided. In such cases, Agrobit s.r.l. undertakes, where possible, to anonymize or pseudonymize data related to statistical activities that serve to improve the service provided.

Art. 9 – Use of the Service

The Service consists of the grant of a personal, limited, non-exclusive license to use our software. The license is granted solely for personal use.

This means that it is not permitted to sell the service, share the license with other parties, carry out reverse engineering, or otherwise attempt to copy the service. Even where the service is provided free of charge, the provisions of this article must be complied with. You do not acquire ownership rights when you purchase our software; instead, you are purchasing, or, in the case of free use, making use of, a license to use our software within the limits of these GTCS. When using the service offered, you assume full responsibility for its use and undertake not to use it in any manner not explicitly authorized by the Provider. The user is responsible for the use of the service and agrees not to access, copy, or otherwise use the service, and not to infringe intellectual property rights and/or registered trademarks, except as authorized by these GTCS.

Art. 10 – Account, Username, and Password – Suspension and Discontinuation of the Service

The User acknowledges and agrees that Agrobit s.r.l. may, at its sole and exclusive discretion, deactivate the User's password and account or discontinue the User's use of the Service where it believes that the User has violated, or acted in a manner incompatible with or contrary to the spirit or letter of, the terms of service. The User acknowledges and agrees that any suspension or discontinuation of their access to the Service under these terms of service may occur without prior notice. In the event of discontinuation, termination, or suspension of the service due to force majeure, Agrobit s.r.l. will do its best to preserve records and allow the User to retrieve them, without, however, assuming any obligation or duty in this regard. The User shall have no other right in this respect.

The user declares that they accept that Agrobit s.r.l. may discontinue use of the service in the event that the user:

  • transmits content that is illegal, abusive, harassing, damaging to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our sole and unquestionable judgment;
  • does not provide truthful and/or accurate information;
  • pretends to be another person or entity, uses a fictitious name, or misrepresents their affiliation;
  • collects or stores personal information about other end users in any manner in which this may be made possible;
  • violates any applicable laws or regulations of any nature;
  • copies, modifies, leases, rents, lends, sells, assigns, distributes, decompiles, or discloses information relating to the security of the service offered to them;
  • causes or contributes to the destruction, manipulation, removal, disabling, or compromising of any part of our service, whether done intentionally or negligently;
  • infringes the Provider's intellectual property.

The website www.agrobit.ag and the iAgro application may contain links to other websites or feature services offered by other parties. A link to a third-party website does not mean that Agrobit s.r.l. endorses it or is affiliated with it. Agrobit s.r.l. exercises no control over third-party websites, the content of the services they provide, or the policies they adopt in providing them. Access to such third-party sites or content is at your own risk, and you are advised always to read the terms of use and privacy policy of a third-party website before using it. Agrobit s.r.l. will not be liable for any damages or losses relating to the use of any content, product, or service available on or through any third-party website.

Art. 11 – Copyright of content

All content present or made available on the website www.agrobit.ag, in any form, is the property of Agrobit s.r.l. or its suppliers and is protected by international laws on copyright and database rights; accordingly, no part of the published content may be extracted and/or reused in any way without the express written consent of Agrobit s.r.l.. Likewise, use of the iAgro software is permitted solely in accordance with the license rules issued by Agrobit s.r.l. or another of its suppliers, obtainable by making express request to the producer thereof. By way of example only, and not exhaustively, the user may not copy, modify, create derivative software from, or in any way attempt to discover any source code, carry out reverse engineering, sell, assign, sub-license, grant, or transfer to third parties any right in the software. The User undertakes not to access the Service through any interface other than the one provided or authorized by Agrobit s.r.l..

Art. 12 – Fees

Agrobit s.r.l. offers both free and paid subscriptions. The price for using the service may vary. Before making a payment, please make sure you have fully understood the price and the payment terms.

Art. 13 – Duration

This agreement has an indefinite duration and will be periodically renewed on an annual or monthly basis through payment of the periodic fee. These GTCS shall be deemed applicable for the entire duration of the Subscription, from activation and for the entire period during which the Subscription is actually provided.

The User is subscribing to the Service, which will automatically renew for the same period initially requested (annual or monthly) and using the same payment method previously used, unless cancelled. The User must request cancellation by disabling automatic renewal at least one day before expiry and notifying us: for users based abroad, by email to amministrazione@agrobit.ag; for users based in Italy, by certified email (PEC) to agrobit@pec.it, indicating the contract code in the cancellation notice in both cases, where available.

Within the shop, the user can check their active subscriptions and, by clicking within it, can disable automatic renewal simply by clicking the relevant button.

Agrobit s.r.l. will notify the User of any changes to the Subscription price; in such a case, before renewal, the User may deactivate the contract by notifying Agrobit s.r.l. — for users based abroad, by email to amministrazione@agrobit.ag; for users based in Italy, by certified email (PEC) to agrobit@pec.it — within 3 business days of the price change notification.

Should the User decide to cancel the Subscription, they will be able to continue using the account until the end of the period already paid for. Cancellation is not retroactive and does not entitle the User to any refund.

Art. 14 – Source Code

The license to use grants no right to the original source code. All techniques, algorithms, and processes contained in the software and its related documentation are information protected by copyright and are owned by Agrobit s.r.l.. They may therefore not be used in any way by the Licensee for purposes other than those indicated in the GTCS.

Art. 15 – Limitation of liability

The User acknowledges and agrees that Agrobit s.r.l. shall in no case be liable for any damages of any kind or nature, including those relating to loss of profits, loss of business goodwill, or loss of data, resulting, for example, from: (i) use or misuse of the Service; (ii) the procurement of goods and/or services other than the goods and/or services purchased or obtained from Agrobit s.r.l.; (iii) unauthorized access to or alteration of the User's data; (iv) statements or conduct of any third party.

Nature of the service. The User acknowledges and expressly accepts that the iAgro application constitutes a Decision Support System (DSS) of a purely informative and indicative nature, and does not in any way replace the assessment, diagnosis, and prescription of a qualified technician or professional in the agricultural sector. The app and all its features, including agronomic suggestions, are provided for informational purposes only and do not constitute professional advice. The user is aware that such indications may not be accurate or up to date and must therefore independently verify them before taking any action.

Inherent limitations of algorithms and artificial intelligence models. With reference to all functions of the application — including, by way of example and not limitation, the plant disease and insect identification service based on image analysis, the calculation of crop protection product doses, agrometeorological forecasts, the calculation of vegetative vigor indices (LAI, LWA, TRV, NDVI, NDRE, NDMI, TCARI/OSAVI), variability maps, and prescription maps — the User acknowledges that the results provided by the application derive from the processing of proprietary algorithms, third-party artificial intelligence models (including the Gemini API from Google LLC), and data from third-party services (including SoilGrids, Sentinel-2/Copernicus, Open-Meteo). Such tools, by their nature, are subject to margins of error, statistical uncertainty, and limits of accuracy, and may produce false positives, false negatives, incorrect classifications, imprecise estimates, or indications that do not correspond to the actual situation in the field. The quality of the results also depends on factors beyond Agrobit's control, including the quality of the images captured by the User, lighting conditions, the accuracy of georeferencing, the resolution of the mobile device, atmospheric conditions at the time the satellite data was acquired, and the biological and agronomic variability of the crop context. Agrobit is furthermore not responsible for the accuracy, availability, or reliability of data provided by third-party services integrated via API. The user acknowledges that such data is subject to the terms of use and conditions of service established by the providers of those services.

Failure to detect diseases, insects, stress, or anomalies. The User expressly accepts that the application does not in any way guarantee the detection of plant diseases, insect infestations, biotic or abiotic stress, nutritional deficiencies, or any other crop anomaly. The absence of an alert from the application must never be interpreted as confirmation of the absence of a pathological, parasitic, or stress-related phenomenon in the crop under analysis. The User is aware that the correct identification of diseases and adverse conditions requires direct on-site inspections, laboratory analysis, and the assessment of a qualified technician.

Decision-making responsibility of the professional User. The User — whether a farmer, agronomist, consultant, contractor, or other operator in the sector — is and remains the sole and exclusive party responsible for every agronomic, phytosanitary, crop-related, managerial, and economic decision made on the basis, in whole or in part, of the information provided by the iAgro application. In particular, the User undertakes to:

  • independently verify, before any intervention, the correctness, currency, and applicability to the specific case of the information provided by the application, by means of direct field inspection and, where necessary, consultation with a qualified technician;
  • comply with all applicable regulations regarding the use of crop protection products, workplace safety, environmental protection, integrated pest management, and integrated/organic production, including, by way of example, Legislative Decree 150/2012, Regulation (EC) No. 1107/2009, and the National Action Plan (PAN);
  • observe the labels of crop protection products and the manufacturer's instructions, which in all cases prevail over the indications given by the application;
  • independently assess, under their own responsibility, every dose, timing, application method, and choice of crop protection product, even where the application provides suggestions or automated calculations to that effect.

Exclusion of liability for damages. Agrobit s.r.l., its directors, employees, collaborators, affiliates, suppliers, and partners shall in no case be held liable, whether on a contractual, tortious, pre-contractual, or any other basis, for any damages — direct, indirect, consequential, patrimonial, or non-patrimonial — suffered by the User or by third parties, including, by way of example and not limitation:

  • partial or total crop losses, and reductions in yield or in the quality of the agricultural product;
  • damages caused by the failure of, or delay by, the application in detecting diseases, insects, stress, deficiencies, or any other adverse condition affecting the crop;
  • damages arising from phytosanitary treatments carried out, omitted, postponed, or brought forward on the basis of the application's indications, including damages from overdosing, underdosing, phytotoxicity, residues exceeding the legal maximum residue limits (MRLs), resistance, and environmental damage;
  • damages arising from the use of weather and agrometeorological forecasts provided via Open-Meteo or other integrated third-party services;
  • damages arising from the use of prescription maps, variability maps, vigor index calculations, or 3D models processed by the application;
  • administrative, civil, or criminal penalties imposed on the User for violation of regulations regarding the use of crop protection products, CAP cross-compliance, or environmental, phytosanitary, or food safety regulations;
  • reputational damages, loss of profit, loss of business goodwill, or loss of economic opportunity.

Device compatibility. Agrobit s.r.l., as publisher of the iAgro app, makes no warranty or representation of any kind regarding the compatibility of the app with mobile devices or hardware used in conjunction with it or with any of its features. For a list of compatible devices, please refer to the following link: devices compatible with the iAgro app. In no event shall Agrobit or its affiliates be liable for any loss or damage, including personal injury or death, arising from the use or inability to use the iAgro app with any compatible device, or from actions taken by any user. Agrobit s.r.l. and its affiliates are not responsible for any technical malfunctions, failures, interruptions, or other damage to hardware, software, or equipment resulting from the use of the iAgro app with any device.

Indemnification. By using the iAgro app, the user agrees that Agrobit s.r.l. and its affiliates shall not be liable for any damages caused to the user or to third parties arising from the use of the iAgro app or of any content generated through the app in violation of applicable privacy and data protection laws. The User further undertakes to indemnify, defend, and hold harmless Agrobit and its affiliates from all claims, liabilities, damages, and expenses (including, without limitation, legal fees) arising from any claim, action, or proceeding brought by third parties — including, by way of example, the User's customers, purchasers of agricultural products, contractors, neighboring landowners, and public regulatory authorities — connected with the use of the iAgro app or of any content generated through it, including in violation of applicable laws and regulations, including data protection regulations.

Recommendation of professional advice. Agrobit s.r.l. expressly recommends that the User always seek the advice of a qualified agronomist or other qualified professional before making any significant agronomic or phytosanitary decision, particularly in the presence of suspected diseases, infestations, or crop stress conditions.

Exclusive remedy. If you are not satisfied with the iAgro app or its terms, conditions, and/or restrictions, your sole and exclusive remedy is to discontinue use of the app.

Art. 16 – Warranties

The Licensor guarantees the Licensee against any third-party claims relating to alleged copyright in the software covered by this agreement.

The Licensor cannot, however, be held liable for any type of software damage resulting from an unforeseeable event or force majeure, and provides no warranty in respect of such events.

The Licensor warrants that the software will be in perfect working order at the time of installation and loading, in accordance with what is described and provided for in this agreement, and warrants that it has been developed in accordance with best practice.

Furthermore, the warranty provided by the Licensor is conditional upon the correct functioning of the machines and the related system software used by the user and by third-party users, as well as upon the correct use of the system by them.

The Licensor may in no way be held liable for service disruptions and/or damages caused by the use of the software covered by this agreement in the event of:

  1. tampering or interventions that compromise the correct functioning of the software carried out by the Licensee's personnel or by third parties not authorized by the Licensor;
  2. incorrect use of the software by the Licensee or by operators or third-party users authorized by the Licensee;
  3. irregular functioning of hardware or software used by the Licensee, the maintenance of which is not carried out directly by the Licensor;
  4. use by the Licensee of hardware or software essential for the development and use of the software developed that were not provided and/or recommended by the Licensor, and that lack the necessary approvals and/or licenses;
  5. total or partial interruption of the local access service or call termination service provided by a telecommunications operator and/or of the internet network;
  6. non-compliance, breaches, and violations of law attributable to the Licensee, such as, by way of example only and not exhaustively, violations of Legislative Decree 81/08 or of the Italian Privacy Code.

It is furthermore understood that any modifications made directly by the Licensee to the software will result in the immediate termination of all warranties provided by the Licensor.

Art. 17 – Age limits

Agrobit s.r.l. and its related services may be used exclusively by persons who have reached 18 years of age. The Provider assumes no liability with regard to the use of the Service by minors.

Art. 18 – Force majeure

Agrobit s.r.l. shall not be liable for its failure to perform the obligations set out herein where it is able to prove: (i) that the failure to perform was caused by an event beyond its control; and that (ii) it could not reasonably have been expected, at the time of entering into this Agreement, to take into account the possibility of such an event occurring and its effects on its ability to perform; and that (iii) it was not reasonably possible to avoid or remedy such event, or at least its effects.

For the purposes of this clause, and without the list provided here being considered exhaustive, a "Force Majeure Event" shall include natural disasters, fires, floods, wars (declared or undeclared), civil unrest, riots, embargoes, sabotage, accidents, labor disputes, strikes, measures of any public or governmental authority, whether local or national, including laws, ordinances, rules, and regulations, whether valid or invalid, and any other similar or different occurrence.

Should a Force Majeure Event occur, the Party affected by its consequences (the "Non-Performing Party") shall inform the other Party of the occurrence of such event and of its effects on its ability to carry out its contractual undertakings. In such a case, the parties shall meet to adopt the actions necessary to eliminate or reduce the effects of such event. For the entire period during which the Force Majeure Event, or its effects, persist, the Non-Performing Party shall not be considered liable for its inability to perform its obligations, the performance of which is prevented by the Force Majeure Event, it being understood that such obligations shall be performed as soon as possible after the Force Majeure Event ceases. During the persistence of the Force Majeure Event, the performing Party may refrain from carrying out some of the obligations provided for herein, to the extent that such obligations are related to the obligations of the other Party, the performance of which is prevented by the occurrence of a Force Majeure Event.

Art. 19 – Communications

Any communication between the parties must be made in writing and, unless otherwise expressly provided for in the GTCS, may be made by certified email (PEC), ordinary mail, or standard email to the address provided at the time of registration. Agrobit s.r.l. may issue communications regarding changes to these GTCS or other matters by posting general notices to users, or links to such notices, within the Service, or by email to the address provided at the time of registration.

Art. 20 – Governing law, conciliation clause, and competent court

These GTCS and the relationship between the service Provider and the User are governed by the law of the Italian Republic, to which express reference is made. For any dispute relating to, arising from, or in any way connected with these GTCS or the use of the Service, the Courts of Florence shall have jurisdiction, following an attempt at conciliation to be carried out before a Mediation Body accredited with the Ministry of Justice, based in Florence, where applicable.

Art. 21 – Miscellaneous

These GTCS, together with their Annexes, constitute the sole and exclusive agreement between the User and Agrobit s.r.l. and govern the use of the Service, superseding any prior agreement between the User and Agrobit s.r.l.. The failure of Agrobit s.r.l. to exercise any right provided for by law or by these GTCS shall not, under any circumstances, constitute a waiver of that right. Should one or more provisions of these General Terms and Conditions be declared invalid by the competent Court, the parties agree that the court shall in any case seek to preserve the effectiveness of the agreements reached between the parties, as set out in this agreement, and the other General Terms and Conditions shall remain fully valid and effective for all purposes. Should a provision of this agreement prove to be unlawful, in conflict with another provision of the agreement, or otherwise unenforceable, the agreement shall remain fully valid. If two or more provisions of this agreement are deemed to be in conflict, Agrobit s.r.l. shall have the exclusive right to determine, through authentic interpretation, which provision shall prevail in the case at hand.

The article headings of the General Terms and Conditions are intended solely to make the General Terms and Conditions easier to read and have no legal or practical effect.

Specific acceptance

Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the user declares that they expressly approve the following articles of this agreement: art. 8 (data retention); art. 10 (suspension and discontinuation of the service); art. 13 (duration); art. 15 (limitation of liability); art. 16 (warranties); art. 20 (governing law, conciliation clause, and competent court)