Terms of Use | verifik8

BY ACCESSING, BROWSING OR USING OUR WEB SITE, SERVICES, AND APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS.

DESCRIPTION OF SERVICE

VERIFIK8 system is a web-based system with a mobile application for farms data collection.

VERIFIK8 processes data input by the various users by transforming it into aggregated data often presented as a graph on a dashboard or in some other manner to allow for interpretation to be used as new decision support for value creation and to implement a data model for agriculture management.

VERIFIK8 offers users access to their farms data and the various aggregated data.

INTELLECTUAL PROPERTY

➢ Rights to content

VERIFIK8 is protected under copyright and intellectual property laws [© Verifik8].

Except as otherwise noted, all website and/or mobile application content included but not limited to software, database, user interfaces, visual interfaces, computer code, text, design, graphics, website layout and any music, broadcasts and images (collectively “content”) is owned, controlled or licensed by or to VERIFIK8.

It is the exclusive property of VERIFIK8 protected by Copyright laws both as individual works and as a compilation as well as various intellectual property rights and unfair competition laws.

Except specific provisions you may not copy, reproduce, modify, publish, upload, download, post transmit or distribute the content of VERIFIK8 website and/or mobile application or any of its components to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise in any way without VERFIK8’s written permission.

Content on this site, including all materials posted by VERFIK8, might have been developed under an open-source GNU Operating system and is licensed under a common creative GNU General Public Licence (GPL) version 3 or any version available.

➢ Grant of use

This Terms and conditions grants you a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license to access and use VERIFIK8’s Service only.

These Terms do not grant you any right, title, or interest in VERIFIK8 ’s intellectual property and no ownership is transfer under this Agreement.

➢ Third parties infringement

You agree that you will only input data that you have the right and authority to share and for which you have the right and authority to grant to VERIFIK8 the licenses and rights related.

VERIFIK8 cannot and will not be liable for any Third parties infringement.

YOUR USE OF THE SERVICE

To use the services, each user must have access to our Web-based content through devices that access and pay any and all service fees or equipment costs associated with such access when applicable.

Your access requires to open an account, including setting up an ID and password.

Those ID and password are used to grant you access and to protect the integrity and confidentiality of our service when you input data. Those ID and password are personal and confidential. They cannot be changed without informing VERIFIK8.

In case of loss or theft, you will use the feature implemented by VERIFIK8 to renew the password.

Registration Obligations. You are entirely responsible for maintaining the confidentiality of your ID and password and to not share it with unauthorized person without a written agreement from VERIFIK8.

Account control and responsibility. You retain control over your user account and the content within it and are liable for any action taken using your user’s account, passwords or access credentials.

Illegitimate use. You agree that you will not access, use or attempt to use the Website and/or mobile app by any illegitimate means including but not limited to mining, hacking, probe, scan security of the site, or unauthorized use.

Account confidentiality. You are entirely responsible for maintaining the confidentiality and the information you hold under your account, your use of the services and any content you provide, and all activities that occur under the account and any other actions taken in connection with the account.

Notification of unauthorized use. You will promptly notify VERIFIK8 at contact@fairagora.com if you become aware of any unauthorized use of, or access to, our service through your Account, including any unauthorized use of your password or Account.

Accuracy and legacy of data input. You agree that you will only input data that you have the right and authority to share and for which you have the right and authority to grant to VERIFIK8 the licenses and rights related and that your data will be accurate, complete, and updated registration information.

VERIFIK8 cannot and will not be liable for any loss or damage from your failure to comply with this user control obligation.

DATA

➢ OWNERSHIP

User data: VERIFIK8 believes that you are the owner of your raw data (data generated without editing or any other form of processing) and primary data (e.g soil data, water data). As the data originator, you retain all rights and interests in and to the information you provide us with.

You hereby grant VERIFIK8 a non-exclusive, worldwide, royalty-free license to collect, use, copy, store, transmit and create derivative work from your data.

Aggregated data: VERIFIK8 is the owner of any aggregated data (combined dataset made up of a few or a wide range of sources) that has been processed and analyzed, usually with connections being established by Verifik8 algorithms.

The aggregated data provide the data originator with additional value and as such you hereby acknowledge and agree that it is VERIFIK8 proprietary creative work.

You hereby agree that VERIFIK8 will monitor, analyze and report your data and generate aggregated data that VERIFIK8 might use for any business purpose (according to the description of service) during or after the term of this Agreement.

VERIFIK8 will only disclose aggregated data externally in an anonymous, de-identified form, stripped of all identifiers such as IP, addresses, cookies IDs. The user is not responsible for Aggregated data.

PRIVACY AND PERSONAL INFORMATIONS

Verifik8 collects, stores, and uses data collected from you in accordance with the Verifik8 Privacy Policy . The terms and conditions of the Privacy Policy are incorporated into these Terms.

SUBSCRIPTION

CONFIDENTIALITY

You (Receiving Party) might have access, be exposed or otherwise received Confidential and Proprietary Information relating to either VERIFIK8’s information or other user’s information (Disclosing Party):

Regarding those informations, you agree that for all the duration of this Terms and conditions and afterward:

(i) Confidential Information is to be considered confidential and proprietary to Disclosing Party and no Party shall not:

Disclose, publish or otherwise reveal any Confidential Information to any third party whatsoever at any time, except with the specific prior written authorization of the Disclosing Party, or any Confidential Information developed by a Disclosing party pursuant to this Agreement

Commercially use or otherwise use in any way except for the benefit of the Disclosing Party, any of Disclosing Party’s Confidential Information disclosed to the Receiving Party or any Confidential Information developed by Disclosing Party pursuant to this Agreement

(ii) The Receiving Party shall only use the Disclosing Party’s confidential information to fulfill its obligations and exercise its rights under this Terms and conditions

DISCLAIMER OF WARRANTIES

THIS SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.

You understand that no information system is 100% secure or free from errors in design or operation.

VERIFIK8 DISCLAIMS ANY REPRESENTATIONS THAT THE WEB SERVICES WILL MEET YOUR REQUIREMENTS, THAT ACCESS TO OR OPERATION OR USE OF THE WEB SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEB SERVICES AND/OR MOBILE APPLICATION, IF ANY, WILL BE CORRECTED, OR THAT RESULTS WILL BE TIMELY, ACCURATE, ADEQUATE, OR COMPLETE.

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE WEBSITE.

LIMITATION OF LIABILITY

THE WEB SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES OR INACCURACIES. FAIRAGORA ASIA DISCLAIMS LIABILITY FOR ANY SUCH MISTAKES OR INACCURACIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW PARTIES WILL NOT BE LIABLE FOR ANY UNFORESEEABLE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS, EACH PARTY’S LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS ARISING OUT OF THE AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID BY USER TO VERIFIK8 DURING THE SIX MONTHS PRIOR TO WHEN THE LIABILITY ARISES. NOTWITHSTANDING THE FOREGOING, VERIFIK8’S LIABILITY TO USER FOR DATA BREACH WILL NOT EXCEED TWO TIMES THE AMOUNT PAID BY CUSTOMER TO VERIFIK8 DURING THE SIX MONTHS PRIOR TO WHEN THE LIABILITY ARISES.

THIRD PARTIES

This Website and/or mobile application may contain links to third-party sites. Access to any other Internet site linked to this page is at the user’s own risk and VERIFIK8is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these Third Party Sites. VERIFIK8 does not warrant that any such combination will not infringe any third party’s intellectual property.

TERMINATION

These Terms will remain in effect at all times while you use the Service or any data obtained through the Service.

You agree that VERIFIK8 may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Website or any Content. VERIFIK88 may terminate or limit your access to or use of the WebSite and/or mobile app if VERIFIK8 determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that VERIFIK8 will not be liable to you or any third-party for any termination or limitation of your access to, or use of, the WebSite and/or mobile app or any Content, including Content that you may have shared.

ADDITIONAL TERMS

➢Governing Jurisdiction

Any disputes that may arise from this Agreement shall be settled by arbitration in accordance with the procedural rules of SINGAPORE. The seat of the arbitration shall be SINGAPORE and its language will be English.

➢Governing law

This Terms & Conditions should be governed by and construed in accordance with, the laws of SINGAPORE.

Verifik8 reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes.