Irricontrol Platform Terms of Use and Data Protection

Irricontrol Platform Terms of Use and Data Protection

1. terms of use and data protection

Thank you for using Irricontrol. We are Irricontrol Controle Inteligente de Irrigação S.A., a company registered with the CNPJ/ME under number 26.941.490/0001-14, with headquarters at Rua Eislében Cereja Corrêa Fonseca 117, Distrito Industrial, São João da Boa Vista - SP, CEP 13.877-776, hereinafter simply "Irricontrol" or "We".

Irricontrol offers an irrigation automation platform that allows you to manage various aspects of your farm or the farm where you work (the "Platform").

You who use the Irricontrol Platform will be referred to as a "User" of the Platform, or simply "You".

When You use the Platform, You automatically agree to these Terms and Conditions of Use and take full responsibility for the acts You perform on the Platform. You also warrant that You have the power and authority to bind Yourself on behalf of the Company/Farm for which You work.

2. Objective

The purpose of this term is to inform users of the Irricontrol Platform about the information collected, as well as to clarify the use and protection of this information, in accordance with the General Data Protection Law (LGPD).

3. Use of the Platform:

✓- Irrigation platform: It is important to note that Irricontrol only acts as a technological tool aimed at irrigation automation, without establishing an employment relationship or exercising control over its users. Therefore, by using the Platform, you acknowledge that responsibility for the information provided and the proper use of the tool rests with you, protecting Irricontrol from any liability for misuse by you or your employer.

✓- Access: Full use of the Platform's functionalities requires personal and unique registration. During this process, we will ask you for some personal information. To understand how we treat the security and privacy of this data, please consult our Privacy Policy.

✓- Updating data: You undertake to provide truthful information and keep it up to date. It is also essential that you keep your login details, including password and access token, secure and do not share your account on the Platform, assuming full responsibility for any actions carried out through it.

✓ Managers on the Platform: If you are a farm manager within the Platform, you have the possibility of adding other users to your farm. When you make this addition, you will provide us with the new user's name and e-mail address, and an invitation will be sent to them to register. Make sure that this person is aware of and accepts the invitation. If you believe that a colleague may not wish to participate in the Platform, please refrain from inviting them and release Irricontrol from any eventuality related to this.

4. Intellectual property:

License to use: Irricontrol grants you a limited, non-exclusive and revocable license to access and use our platform in SaaS (Software as a Service) mode, only as specified in these Terms and in agreements with your employer or farm. You are prohibited from copying, altering, transmitting, distributing or improperly accessing any part of the Platform, as well as carrying out actions that could damage it.

Rights of Irricontrol: We acknowledge and warrant that all intellectual property related to the Platform belongs exclusively to Irricontrol. This includes, but is not limited to:

❖ Copyright (including algorithms, business rules and interfaces);

❖ Patents or related applications;

❖ Trademarks or related applications; and

❖ Domain names, both in Brazil and abroad.

Confidential Information: Both you and Irricontrol undertake to keep confidential all information that may be considered confidential for a period of 5 years after the end of our contract. This includes commercial, technical, operational and legal information, such as business plans, strategies, personal data and other details relating to the operation of the Platform or your farm.

Both parties agree not to use, disclose or allow third parties access to this information, unless specified in our Privacy Policy or additional agreements. It is our joint responsibility to protect this information from unauthorized use or disclosure, just as we would protect our own confidential information.

We remind you that the use of the Platform is always in compliance with the LGPD and other applicable laws in Brazil, guaranteeing the privacy and security of user information.

5. Information collected

The following information is collected by the Irricontrol Platform to ensure correct invoicing and the issuing of invoices:

I. Billing details:

Document Type and Number (CPF or CNPJ)

Company name

Contact Phone Number

Email address

Billing Address: Zip Code, Address, City, State and Country

II. General Information:

Farm name

Energy and Water Bill Day

Time zone

Technical Contact Information:

Technical Contact Phone Number

Technical contact address (can be the same as the billing address)

III. Location Information:

Latitude and Longitude

IV. Equipment information:

Complete technical data sheet of the equipment used

V. Use of information

The information provided will be used exclusively for the following purposes:

Calculation and delivery of the functionalities that make up the service.

Billing processes and issuing invoices.

Technical assistance.

Improvements to the platform and services.

Statistical analysis.

Data Security.

The Irricontrol Platform undertakes to protect the data provided, using appropriate security measures and at compliance with the LGPD.

6. Your Obligations and Responsibilities

You are solely responsible for how you use the Platform and must follow these Terms and Brazilian law. Any damage caused by improper use that affects irrigation equipment, generates extra costs or affects third parties will be the responsibility of you and/or your employer/farm.

a. Digital Security: Ensure that your devices (such as computers, cell phones and tablets) are secure by using tools such as antivirus and firewall. Irricontrol is not responsible for problems caused by a lack of security on your devices.

b. Irrigation infrastructure: You and your employer/farm are responsible for the equipment and radios on the property. If Irricontrol is called in to assist with this infrastructure, additional charges may be incurred.

c. Exceptions and limitations: As an online platform, Irricontrol cannot guarantee uninterrupted operation. We are not responsible for connection problems, technical failures or other problems beyond our control, such as power cuts or irrigation system failures.

VI. Your other obligations:

Adapt your systems according to Irricontrol's updates.

Keep your payments up to date.

7. Payments and conditions

Values: The rates applied are those in force at the time of the request. Up to the date of the last update of this term, the prices applied are:

R$1,200.00 for center pivot automation;

R$1,780.00 for SAF (anti-theft system);

R$800.00 for the other devices (irripump and level meter).

We reserve the right to change and update the above prices in line with the market, as well as to include new products and services or discontinue them. For future services, extra fees will be offered separately at the user's discretion.

Payment method: Generally, payments for use of the Platform are agreed with your employer/farm. Payment can be made directly through the Platform via the Stripe gateway. Always update your payment information and consult our Privacy Policy for more details.

Delays and Consequences: If a payment is not made for more than 15 days, your access to the Platform may be suspended. Reactivation takes place within 24 working hours of payment being settled. Irricontrol may refuse new services if you have outstanding debts.

Taxes: Any taxes due for the use of the Platform are the responsibility of whoever the tax legislation determines. Irricontrol will make the legal withholdings as required.

Remember that by using the Platform, you agree to these terms, guaranteeing compliance with the responsibilities and understanding the limitations presented.

VII. Payment gateway

For payment processes, we use the Stripe platform. It is important to consult Stripe's Privacy Policy to understand how your data is handled during transactions. You can find it here: [Stripe Privacy Policy]

8. Customer Service

Opening Hours - Workflow:

Support number: +55 19 2112-9856

Monday to Friday: 8:00 a.m. to 9:00 p.m.

Saturdays, Sundays and Public Holidays: 8:00 a.m. to 6:00 p.m.

Service Channels: WhatsApp, through the service balloon on the platform and the knowledge base.

VIII. Initial Response Time:

Commitment to respond within 1 hour during opening hours. If the deadline is exceeded, a response is guaranteed within 1 hour on the next working day.

9. Changes to the Term

The Irricontrol Platform may update these terms from time to time. This may include new solutions, features and products. You will be notified within the platform when this update occurs, as the system will only become available when you are aware of the changes.

10. Questions and additional information

For any questions regarding these terms or the protection of your data, please contact us. By using the Irricontrol Platform, you agree to these terms and to the use of your information as described.

11. The Forum

The parties elect the central court of the district of São João da Boa Vista, state of São Paulo, to the exclusion of any other, however privileged, to settle any doubts or controversies arising from this instrument, undertaking to abide by the laws of Brazil.

12. Questions and suggestions

Any questions or suggestions regarding this document can be answered by e-mailing dpo.brasil@irricontrol.com.br.

These Terms and Conditions were updated on 21/11/2023.