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Terms & conditions

GENERAL TERMS & CONDITIONS

for Meteobot® equipment, software and services

for International Clients

 

The Vendor supplies Equipment, and provides Software and Services under the “Meteobot” registered trademark to Clients under the conditions described in these General Terms & Conditions for Meteobot® Equipment, Software and Services for international clients (hereinafter “Terms”). These terms apply only to business clients and deliveries outside the territory of Bulgaria. In case that you are a consumer, please contact us at info@meteobot.com and we will provide you with our proposal for individuals. The Terms are a contract between the Vendor and a Client, who has purchased Equipment or Services directly from the Vendor, with a subject, as described below. For Clients, who have purchased Equipment or Services from a Vendor’s distributor, other conditions may apply.

Please read the Terms carefully and, if you agree with them, confirm your consent by checking the “I accept the General Terms & Conditions” checkbox in the Software. After confirming your consent, we shall consider that you are acquainted with and have accepted the Terms and agree to keep them.

 

1.    Definitions

  1. Equipment – Meteobot® weather stations, including any components, spare parts or accessories for them;
  2. Software – the Meteobot® mobile application, as available on Google Play or Apple AppStore;
  3. Services – the services, related to the Equipment and/or Software, such as real-time and historic data, agronomic indicators, weather forecast, alerts, software updates, technical support, etc.;
  4. Client – a business client, as individualized by the e-mail, entered in the Software, who has acquired Equipment, Software or Services directly from the Vendor and uses them outside of the territory of Bulgaria for his own business activity, and not for re-sale, leasing, renting out or similar transactions;
  5. Vendor – Prointegra OOD, with registered address and headquarters in Bulgaria, Varna 9009, 2 Todor Penev str., company ID: 175443523, VAT ID: BG175443523, phone: +359 896 959 628, e-mail: info@meteobot.com.

 

2.    Subject

The present Terms regulate the:

  1. Supply of Equipment;
  2. Warranty and out-of-warranty Equipment service;
  3. Software rights of use;
  4. Transfer and storage of Equipment data;
  5. Technical support and software update.

 

3.    Equipment Specification

  1. The supplied Equipment conforms to the technical specifications, described at meteobot.com;
  2. The specific Equipment configuration, supplied to the Client, is described in the sales document(s);
  3. All Equipment is newly manufactured, fully-functional and has passed quality control checks before shipment.

 

4.    Delivery

  1. The shipping, handling and insurance costs are for the account of the Client;
  2. The Vendor may propose a shipment method, transportation and insurance company, quoting shipment and insurance costs and expected delivery time;
  3. The Vendor guarantees that the packaging, loading, and proposed method of shipment are of sufficient standards, so that the Equipment may reasonably be expected to arrive at the Client’s site in merchantable condition, provided that the transportation and handling requirements on the packaging have been observed;
  4. If the Client does not approve the proposed shipment method, transportation or insurance costs, he may organize the shipping and insurance himself;
  5. The Vendor agrees to observe the proper issuing of all the necessary sales documentation (i.e. invoice, packing list, CMR, etc.).

 

5.    Acceptance

Upon receipt of the Equipment, the Client must check it for visible defects:

  1. If the Client does not check the Equipment or does not find any defects, the Equipment is considered approved and accepted, except for latent defects (ones that cannot be discovered during a visual inspection). If the Client finds any defect upon the receipt of the Equipment, he must immediately inform the Vendor.
  2. The Vendor cannot be held liable for defects due to the transportation, storage or handling of the Equipment, for which the Client can make an insurance claim or, in the absence of an insurance, can pay the Vendor for repair.

 

6.    Warranty

  1. The warranty period of the Equipment is 24 months from the date of the purchase invoice, if not expressly provided otherwise;
  2. The warranty covers the use cases, described in the User Manual, published on meteobot.com;
  3. The warranty does not cover defects due to improper storage, transportation, packaging, handling, installation, operation, maintenance or application; misuse, abuse, modification; installation of spare parts or components, not purchased from the Vendor; unauthorized service, intentional damage, natural phenomena or disasters; damages from animals; vandalism; theft, as well as other damages, not due to Vendor’s fault.

 

7.    Warranty Service

  1. In case of an Equipment defect, the Client must send a service request, including pictures of the defective component and of the serial number, to tech@meteobot.com.
  2. Within 3 business days of the service request, the Vendor shall inform the Client whether the defect is covered by the warranty or not.
  3. If the defect is covered by the warranty, the Vendor shall rectify the defect remotely, if this is technically possible.
  4. If this is not technically possible, the Vendor shall either send the Client a new component of the same kind, or inform the Client to disassemble the defective component, observing the User Manual, and send it to the Vendor in its original packaging. The Vendor shall repair the component within 20 business days after receipt, and send it back to the Client.
  5. The shipping, handling and insurance costs are for the account of the Client.

 

8.    Out-of-warranty Service

If an Equipment defect is not covered by the warranty, or has occurred after the warranty period, the Client may use out-of-warranty service. The Vendor performs out-of-warranty repairs, after having informed the Client about the repair price and having received the Client’s advance payment. The shipping, handling and insurance costs are for the account of the Client.

 

9.    Software Rights of Use

  1. According to these Terms, the Vendor provides to the Client a non-exclusive, non-transferrable and limited right to use the Software for a limited term, defined in these Terms, by providing user account(s) to access the Software.
  2. All functionalities of the Software are described on meteobot.com.
  3. A Client can use one user account on up to three devices.

 

10.          Prices and Payment Terms

  1. The Vendor quotes the price of Equipment and/or Services on meteobot.com.
  2. The Client pays for the Equipment and/or Services according to the methods of payment, specified by the Vendor on the sales document(s).
  3. The price equals the net amount to be paid by the Client to the Vendor. Any sales taxes, duties, bank commissions, wire transfer costs or other fees, that may be associated with the transaction or due in the Client’s territory, shall be for the account of the Client.
  4. The Vendor agrees to observe the proper issuing of all the necessary delivery documentation (i.e. invoice, packing list, CMR, etc.)
  5. The Vendor reserves the right to change the prices from time to time by publishing the new prices on meteobot.com.
  6. Any price changes of pre-paid Services do not affect the rights of Clients, who have already paid for such Services.

 

11.          Order. Conclusion of the Contract

  1. The Client may make an order for purchasing Equipment or Services from the Vendor through the electronic order form at meteobot.com (hereinafter “Electronic order form”) or by accepting a proforma-invoice from an authorized representative of the Vendor. To make the order, the Client needs to provide a name, invoice data, shipping address, and e-mail for contacts. By clicking the “Order” button or by paying for the proforma-invoice the Client confirms the type and quantity of the items ordered and accepts these Terms. In case the order has been made through the Electronic order form, the Vendor issues a proforma-invoice, containing the items ordered, unit price, quantity, amount, discount (if applicable), delivery term, and method of payment.
  2. The delivery term starts from the payment receipt date.
  3. By checking the “I accept the General Terms & Conditions” checkbox and/or clicking the “Order” button, the Client makes an electronic statement according to the Bulgarian Electronic Document and Electronic Signature Law, through which he/she declares, that he is acquainted with these Terms, accepts them and agrees to keep them. The text of the Terms is available on meteobot.com in a form, suitable to download and reproduce.
  4. Before clicking the “Order” button, the Client may freely change the information provided by him/her in the Electronic order form.
  5. Immediately after receiving an order through the Electronic order form, the Vendor confirms receiving the Client’s order and consent by sending a confirmation message to the Client’s e-mail, together with a sales document (proforma invoice). After the order confirmation by the Vendor, a contract between the Client and the Vendor is concluded.
  6. The language of the contract is English.
  7. By accepting these Terms the Client agrees to be officially contacted at the e-mail address, provided by him/her.
  8. The contract execution statement and its receipt confirmation are deemed received, when their addressees have access to them.
  9. A party to the contract with the Vendor is the Client, according to the data, submitted with the order.
  10. These Terms regulate the contractual relations between the Client and the Vendor, unless they agree otherwise in writing. In case of a contradiction between the Terms and any individual written agreements, the individual written agreements shall apply.

 

12.          Access to Equipment Data and Services

  1. In order to use data from Equipment and/or other Services, the Client shall download the Software from Google Play or App Store, install it on his/her mobile device, and enter his/her e-mail address. At this e-mail address the Client will automatically receive a code to activate his/her user account. If the Client has purchased Equipment and/or Services, the Client needs to enter in the Software the serial number and/or PIN code, received with the Equipment and/or Services. The Client then has access to Equipment data and/or other Services;
  2. If the Client changes his/her mobile device, he/she may activate his/her user account on a new device by using the same e-mail address;
  3. The Client may use Equipment data and/or Services free of charge on up to three devices for each piece of Equipment and/or Service purchased. The Client has to purchase an additional subscription in order to use Equipment data and/or Services on more devices.
  4. The Client is solely responsible for protecting his/her user account, as well as for all acts, performed by him/her or by a third party by using that account.

 

13.          Data Sharing

  1. By purchasing a new piece of Equipment, the Client receives a subscription with data sharing in a common farming network, which is included in the Equipment price. “Equipment data” means data, generated by the Equipment sensors, such as: precipitation quantity, soil temperature, soil moisture, wind speed, wind direction, air temperature, air humidity, air pressure, leaf wetness, date and time, battery voltage, solar panel voltage. Equipment Data is not personal data. The Client has no right to share data from Equipment, which is not owned by him/her.
  2. By participating in the farming weather network and sharing Equipment Data, the Client can realise maximum benefits from the Equipment and Software, such as using data from neighbor Equipment, notifications for spreading of diseases, etc.
  3. In case the Client purchases a subscription with data sharing, he/she expressly agrees, under these Terms, that Equipment Data, as well as all databases, derived from them, are exclusive property of the Vendor. The copyright on all databases, created using Equipment Data, belongs to the Vendor. The Vendor has the right to dispose of, use, reproduce and distribute shared Equipment Data and databases, including to provide them to third parties, without owing the Client any remuneration for that.
  4. In case the Client does not want to participate in the farming weather network and does not want to share Equipment Data, he/she may select a subscription without data sharing. By purchasing such a subscription, the Equipment Data, generated during the term of the subscription, and the derived databases, are exclusive property of the Client, and he/she may dispose of, use, reproduce and distribute data from his/her Equipment and the derived databases, including to provide them to third parties, without owing the Vendor any remuneration for that.
  5. For the avoidance of doubt, in case the Client continues to use the Software after the expiry of a subscription without data sharing, and does not renew that subscription, Equipment Data and the databases derived therefrom in the period without a subscription, are property of the Vendor.

 

14.          Technical Support

  1. The technical support includes consulting for using the Equipment, Software and Services – on the phone and via e-mail – each business day from 09:00 to 18:00, Eastern European Time.
  2. To Clients, who have purchased a subscription, the Vendor provides technical support without additional charge.
  3. To Clients, who have not purchased a subscription, the Vendor provides technical support after having informed the Client about the price and having received the Client’s advance payment.

 

15.          Data Transfer

  1. For certain regions, specified on meteobot.com, the Vendor may supply the Equipment to the Client with installed SIM card for data and SMS for transfer of Equipment Data from the Equipment to the Meteobot® servers,.
  2. The Client may not use the SIM card for any other purposes, except with the Equipment, purchased by the Vendor. Should the Client breach this condition, the Vendor reserves the right to deactivate the SIM card, without owing any compensation.

 

16.          Data Access and Storage

  1. The Client agrees, that in order to use the Equipment, Software and related Services, the Vendor has access to, can store and process data. Detailed information about the purpose of storage, processing and access to Equipment Datais provided in the Privacy Policy. The Client may at any time deny the Vendor the right to store, process or access data, by sending an e-mail to info@meteobot.com. In case of such a denial, the Vendor is relieved of his obligation to provide software functionalities and services, which require such data access, processing or storage.
  2. The Vendor agrees to store on his server(s) data from Equipment, purchased by the Client, for a specified period of time. The period depends on whether the Client has purchased a subscription or not. With subscription data is stored for minimum 10 years, and without a subscription – for 3 months.
  3. The Client can receive information about the stored data at any time.
  4. This section 16 does not apply to personal data, which shall be treated according to the Privacy Policy and the applicable data protection regulation.

 

17.          Software Availability

The Vendor provides availability of the Software and the servers, where data is stored, minimum 99% of the time, calculated on a monthly basis. In case the Vendor breaches this obligation, the Client may claim a refund of part of the subscription, proportional to the duration of the Software outage.

 

18.          Equipment and Software Updates

  1. The Vendor updates the Software by adding new functionalities and/or fixing bugs, if such arise, minimum four times per annum. During such updates short Software outages may be possible, for which the Vendor will make reasonable efforts to inform the Client in advance. These outages do not preclude the Vendor’s obligation to provide Software availability in 99% of the time, calculated on a monthly basis.
  2. The Vendor reserves the right to change and/or update the technical specifications of the Equipment, Software and/or Services, as well as to add new features, provided that the technical specifications of the Equipment, Software and/or Services have been improved, compared to the previous ones.
  3. The Vendor shall not be required to provide any notice for any bug fixes, error corrections, or other modifications to the Equipment or the Software, in case that these modifications:
    • Will not affect the operability;
    • Will improve the security, or
    • Are required by any law, regulation, government entity, court order or other legal or contractual requirement.

 

19.          Subscription

  1. A 2-year subscription with Equipment Data sharing is included in the price of new Equipment. If the Client does not want to share data, he/she may acquire a subscription without Equipment Data sharing against an additional payment. The prices for both types of subscription are quoted by the Vendor.
  2. After the expiry of the subscription period, the Client may renew it for another period. If the Client does not want to renew the subscription, he/she may use certain Services and Software functionalities without subscription.
  3. A subscription is non-transferrable.

 

Service With subscription Without subscription
Real-time data from Equipment + +
Historical data min. 10 years 3 months
Agronomic indicators min. 10 years 3 months
Weather forecast +
Agrometeorological history +
Weather notifications +
Software updates + +
Technical support + On a pay-per-use basis

 

20.          Third-party Products and Services

  1. The Vendor may provide to the Client products and/or services from third parties, such as mapping software, satellite imagery, geolocation, weather forecast, disease notifications, etc.
  2. The third-party products and services are provided under the terms and conditions of the respective third party.
  3. By providing these products and/or services, the Vendor guarantees, that he has performed all necessary tests to ascertain their high reliability, availability and performance, but does not assume any liability for them.

 

21.          Infrastructure

In order to use the Equipment, Software and/or Services and ensure their normal operation according to these Terms, the Client agrees to provide the necessary infrastructure and resources, including:

  1. Proper location and conditions for operating the Equipment, according to the User Manual;
  2. A pole (e.g. metal tube) for installing the Equipment, according to the User Manual;
  3. Data SIM card with SMS service, if not provided by the Vendor;
  4. Available mobile network coverage at the installation site;
  5. A mobile device with internet connection and operating system Android, version 4.1 (or higher) or iOS, version 8.0 (or higher), where to use the Software;
  6. User account in Google Play or App Store to download and update the Software.

 

22.          Installation and Operation

The Client agrees to install the Equipment according to the User Manual, unless the Client and the Vendor have agreed otherwise. The Client agrees to observe the requirements for storage, transportation, packaging, handling, installation, operation, maintenance and application, described in the User Manual.

 

23.          Correspondence

The Client shall notify the Vendor about any operation issues that may arise with the Equipment, Software and/or Services at the official electronic or postal address of the Vendor. The Vendor shall notify the Client at the e-mail address, provided by the Client during Software registration.

 

24.          Intellectual Property and Rights

  1. Intellectual property rights (called „IP rights“) are trademarks, rights on trade names, logo, patents, useful models, rights on inventions, registered and unregistered rights on design, copyright and similar rights, rights on semi-conductor topography, databases, internet domains, know-how, trade secrets, rights on unfair competition claims, as well as any and all other intellectual property rights worldwide, regardless if registered on unregistered, including application for registering such rights and the rights to apply for such registration.
  2. The Meteobot trademark, the logo ; the Software, including its source code, object code, executable files, algorithms, infrastructure, technical specifications, architecture, database, graphical user interface, know-how; IP rights on Equipment, including, design, architecture, semi-conductor topography, firmware, as well as the components of the Software and Equipment, except the components belonging to third parties, are exclusive property of the Vendor and he owns all IP rights on them according to the applicable legislation, including, but not limited to the right to sell, reproduce, distribute, license to third parties, use, modify, develop, adapt or in any other way dispose of, as well as to provide rights to third parties to dispose of the Software and Equipment.
  3. Neither the Client, nor any other person may modify, reverse engineer, decompile, adapt, have unauthorised access, copy or in any other way reproduce or modify the Software or Equipment.
  4. In case the Client or its related person violate the IP rights of the Vendor, the Client owes a penalty amounting to five times the purchase value of the respective Equipment, Software or Service. This does not preclude the Vendor to seek additional compensation, in case of larger damages suffered.

 

25.          Liability

  1. The Software, Equipment and Services are provided AS ARE and AS AVAILABLE. All use cases, for which Software, Equipment and Services are fit, are described in the User Manual.
  2. To the extent permitted by law and EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE VENDOR DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE VENDOR DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS WILL OPERATE SECURELY OR WITHOUT INTERRUPTION, EXCEPT AS EXPRESSLY STATED IN THESE TERMS. THE CLIENT ACKNOWLEDGES THAT HE HAS NOT ENTERED INTO THIS CONTRACT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE EXPRESSLY STATED IN THESE TERMS. NO ADVICE OR INFORMATION, OBTAINED THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
  3. The Vendor is not liable for ANY DIRECT, INDIRECT, INCIDENTAL or CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SOFTWARE; (II) THE INABILITY TO USE THE SOFTWARE TO ACCESS CONTENT OR DATA; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (V) ANY OTHER MATTER RELATING TO THE SOFTWARE.
  4. The limitations of liability shall not apply in cases of intent or gross negligence of the Vendor.

 

26.          Confidential Information

  1. The parties hereto agree not to disclose confidential information.
  2. Confidential information is all information, related to the organization, commercial activities, financial and accounting information, clients, suppliers, equipment, staff, inventory, source code, algorithms, infrastructure, technical specifications, architecture, databases, know-how, utility models, semi-conductor topography rights and rights in designs, drawings, diagrams as well as other information, pertaining to the Intellectual Property Rights of the parties, excluding the information, which a party has explicitly defined as non-confidential, commonly known facts, or information, which has been made public by a third party (for example, through advertisement, press releases, printed or web publications, etc.)
  3. Each party agrees not to disclose confidential information to third parties in whatever form, as well as to ensure that its affiliates, employees, subcontractors and collaborators are bound by the same obligations for a period of three years after termination.
  4. In case of infringement of the confidentiality obligations, the non-performing party owes to the other one compensation for the losses suffered.

 

27.          Personal Data

By using the Equipment, Software and Services, the Client agrees to have his/her personal data processed and stored by the Vendor in accordance with the Privacy Policy, published at www.meteobot.com. The Vendor reserves the right to amend the Privacy Policy, after informing the Client thereof 30 days in advance by means of publication at www.meteobot.com. In case of personal data processing for the purpose of performing a particular task, the Vendor will process such data only with the Client’s express consent and to the extent, necessary to perform the Vendor’s obligations under these Terms and the Privacy Policy.

 

28.          Term and Termination

A. Except as expressly stated in these Terms, the contract between the parties shall be terminated in case of:

  • expiry of subscription or performance of Services, provided by the Vendor to the Client according to these Terms;
  • mutual agreement of the parties for termination;
  • termination of the Vendor’s or the Client’s business activity;
  • other cases, provided for in the applicable legislation.

B. In case either party breaches any provision of these Terms or in an individual agreement between the parties:

  • the other party is relieved from its respective obligations for the period of the first party’s breach. In that case, the performing party does not owe any compensation to the defaulting party;
  • the performing party may notify in writing the defaulting party to correct the breach within 15 days. Should the defaulting party not correct the breach within that term, the performing party may terminate, without further notice, the present Terms and, respectively, the performance of its obligations under these Terms.

C. In case of early termination, which is not Vendor’s fault, the Vendor does not owe a refund for a pre-paid subscription.

D. In case of termination, the clauses regarding intellectual property and confidential information shall survive.

 

29.          Force Majeure

Neither party shall be in default hereunder by reason of its delay in the performance of or failure to perform any of its obligations hereunder if such delay or failure is caused by natural disasters, strikes, war, riots, incendiaries, interference by civil or military authorities, compliance with governmental laws, rules and regulations, delays in transit or delivery, inability to secure necessary governmental priorities for materials, or any fault beyond its control or without its fault or negligence.

 

30.          Dispute Resolution and Applicable Law

  1. These Terms shall be governed and interpreted according to the laws of the Republic of Bulgaria.
  2. All disputes, arising from or related to these Terms, shall be resolved by means of negotiations between the parties. In case the parties cannot reach an agreement, the dispute shall be referred to the competent Bulgarian court.
  3. Except as required by law, neither party, nor its affiliates, employees, subcontractors and collaborators, shall disclose the existence, contents or outcome of any dispute resolution between the parties, without the other party’s written consent.

 

31.          Complete Agreement and Assignment

These Terms contain all the understandings and representations between the parties relating to the matters referred to herein, and supersede any arrangements previously entered into between them with respect thereto. The rights and obligations under these Terms cannot be assigned without the prior written consent of the other party, which consent will not be unreasonably withheld.

 

32.          Amendments

In case of amendments to these Terms the Vendor shall notify the Client. Unless the Client expressly objects the amendments, the amended Terms shall become binding for the Client, as published at www.meteobot.com. The term for a Client’s objection shall be one month after being notified by the Vendor. Should the Client send his dissent about the amendments in writing to info@meteobot.com, these Terms shall be considered terminated. The termination does not affect the rights of a Client, who has already paid for a certain Equipment, Software or Service.

 

33.          Severability

In case any provision in these Terms shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties will replace the invalid, illegal or unenforceable provision with a valid, legal and enforceable one, which, as permitted by the applicable legislation, has an identical or similar business and legal meaning.

 

34.          Paragraph Headings

The paragraph headings are for convenience only and shall not be deemed to affect in any way the language of the provisions to which they refer.

 

 

Effective Date: September 15, 2017

Last Updated: December 28, 2017

 

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