Agreement entered into by and between AGRIHIV3 (hereinafter referred to as "AGRIHIV3" or the "Platform") and the user (hereinafter referred to as the "User"; together with AGRIHIV3, the "Parties"), relating to the content of the information transmitted by AGRIHIV3 to the User. Whereas: AGRIHIV3 has been developed with the aim of revolutionizing the agricultural sector through its innovative precision farming platform, which seamlessly integrates cutting-edge technology with a vibrant community network; The information that will be transmitted to the User is the result of a system; AGRIHIV3 seeks to empower farmers of all sizes with accessible, data-driven solutions, while also providing collaborative support; At the core of AGRIHIV3's offering lies a comprehensive "package" of precision farming technological tools, leveraging advanced technologies such as satellite imagery, IoT sensors, and artificial intelligence-based analytics; Now, therefore, the subject of this Agreement is the transmission by AGRIHIV3 to the User of information relating to weather forecasts and data related to the user's own crops as well as the protection of agricultural SMEs using the software to receive such information. The software provider guarantees responsibility for any damages caused, in accordance with Article 2050 of the Italian Civil Code ("Liability for the exercise of dangerous activities"). Structure and Functionality Contract Owner: Only the Contract Owner is authorized to: i) Deposit funds into the insurance pool. ii) Resolve claims and manage compensations. The Parties expressly agree and stipulate the following
User's Name, having its registered office at address, VAT number number, hereinafter referred to as the "Client" or "User."
1.1 This Agreement governs the provision of the service of [e.g., weather forecasting,] via the AGRIHIV3 application by the Provider to the Client. 1.2 The service enables the Client to access personalized weather forecasts, climate models, and other useful data for the management of agricultural activities.
2.1 The Client shall use the application in accordance with the technical instructions provided by the Provider. 2.2 Access to the application is granted via unique credentials provided to the Client. 2.3 The use of the service for unlawful purposes or in violation of applicable regulations is strictly prohibited.
3.1 The service is provided upon payment of a fee amounting to euros, VAT included, according to the terms set forth in the commercial offer accepted by the Client.
4.1 This Agreement shall remain in force for a period of 5 years, starting from the date of signing. 4.2 Either Party may terminate the Agreement by giving today days' written notice.
5.1 The Provider shall not be held liable for damages resulting from improper use of the service or from events beyond its control, including errors in weather forecasts. 5.2 The Provider shall not be held liable for any service interruptions caused by force majeure.
6.1 The Client's personal data shall be processed in accordance with Regulation (EU) 2016/679 (GDPR) and the applicable national legislation. 6.2 The data provided by the Client shall be used exclusively for the provision of the service.
7.1 All rights related to the application, content, and data provided through the service remain the exclusive property of the Provider. 7.2 Any unauthorized reproduction, distribution, or use of the application is strictly prohibited.
8.1 The Provider does not guarantee the absolute accuracy of the weather forecasts and shall not be liable for any direct or indirect damages, crop losses, loss of profits, or interruptions to agricultural activities arising from the use of information provided by the service. 8.2 The Provider shall not be liable for errors, omissions, or delays resulting from: i) Force majeure events (e.g., natural disasters, war, strikes, network outages); ii) Malfunctions of the Client's or third parties' technological infrastructure; iii) Improper or unauthorized use of the application by the Client. 8.3 In any case, the Provider's total liability shall not exceed the total amount paid by the Client for the service during the 12 months preceding the event giving rise to the claim.
9.1 Any dispute arising out of or relating to the interpretation, performance, or termination of this Agreement shall fall under the exclusive jurisdiction of the Court of Milan.
Read, approved, and signed