- Acceptance of terms
1.1 These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with www.smartwaterplanet.com website and the services provided by it (the “Service”) operated by SmartWater Fisf Farm Software Solution S.L. (“us”, “we”, or “our”).
1.2 Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and anyone who access or use the Service.
1.3 By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not use the Service.
- Description of the Service
2.1 We provide you access to an information system that supports management and control of aquaculture production. It includes data entry, reporting analysis and data registration using mobile phones and tablets.
2.2 Our Service is provided to aquaculture companies. If you are not an aquaculture company, you may not use our Service. Subject to our discretion, we might provide access to the Service to aquaculture professionals, training and research institutions or individuals involved with the aquaculture sector.
- Payments and fees
3.1 The use of our Service has a normal monthly or anual cost in advance, according to the individual agreement, while we offer some service free of charge at the same time. To the extent our Service or any portion is available for any fee, you will be required to choose a payment plan and make the payment using a payment instrument like credit card or PayPal. You warrant to us that this information is accurate and true, you are entitled and/or authorized to use this payment instrument, which must be legal and legitimate.
3.2 We do not keep or store any credit card information.
3.3 In case you dispute any charges, you must let us know within sixty days (60) after the day we charge you. We have the right to change our prices for which we inform you through the website or your e-mail. If you continue to use our Service after that , you agree to pay the new charges.
- Your Content
4.1 Our Service allows you to upload, store and process certain information, data, text, or other material regarding your production (referred to: “Content”). You are responsible for the Content you post to the Service, including legality, reliability and appropriateness of it.
4.2 By accessing and using the Service, you represent and warrant that:
(a) the Content is yours (you own it) or you have the right to use it. You may not submit any material that you do not have the right to make available under any law, contractual of fiduciary relationships;
(b) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;
(c)you may be liable for any illegal or prohibited content that you provide to the Service, including, without limitation, content that is unlawful, harmful, threatening, tortious, defamatory, infringing, libelous, abusive, obscene, invasive of another’s privacy, malicious or otherwise promotes illegal activities or conduct or violates any local, state, national or other applicable law or regulation;
(d) you will not duplicate, download, publish, modify or otherwise distribute any content on this website for any purpose other than for your own individual use;
(e)you will upload content containing a software virus or any other code files or programs with the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment;
(f) you will not avoid bypass, reverse engineer, interfere with, deactivate, or otherwise circumvent any technical measure implemented by the Service to administrator to protect the Service;
(g) you will not collect personally identifiable information of others without their consent for purpose of transmitting, unsolicited commercial mass mailings or “spamming”. You expressly agree that you will solely bear any liability related to your submission of these materials through our Service.
4.3 By posting Content to our Service you grant us a royalty-free, word-wide, irrevocable and perpetual license to retain, store, use and disclose the Content and your Account information (collectively referred “User’s Data) solely:
(a) in connection with our provision of the Service;
(b) for our internal purposes;
(c) to protect the operation of the Service;
(d) to create anonymized aggregated content that we can share with others; and
(e) to satisfy any legal, accounting, regulatory or contractual requirements.
- Prohibited Users
5.1 You agree to not use the Service to: upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of others privacy, ethnically, hateful, or racially, or otherwise objectionable, or in any other way harmful or illegal.
5.2 In addition to other prohibitions as set forth in the Terms of Using our Services, which prevent you to use our Service in any willful conduct, or fraud in tort, or unlawful, illegal way whatsoever, you are prohibited to use our site:
- for unlawful purpose;
- to solicit others to perform or participate in any unlawful act;
- to violate any international, federal, provincial or stage regulations, rules, or local ordinances;
- to infringe upon or violate our intellectual property rights (including but not limited to reverse engineering, disassembly of the Service) or the intellectual property rights of others (customers, clients, etc);
- to harass, abuse, insult, defame, slander, disparage, intimidate, discriminate based on gender, sexual, orientation, religion, ethnicity, race, age, national origin etc., or disability; to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other website or the internet;
- to collect or track the personal information and content of others;
- to spam, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose or against good faith or best trade practices; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet.
- Disclaimer of warranties
You expressly understand and agree that:
6.1 Your use of the Service and software are at your sole risk. The Service is provided on an “as is” and “as available” basis. SmartWater Planet Cloud, its subsidiaries, affiliates officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
6.2 SmartWater Planet and its subsidiaries, affiliates, officers, employees, agent, partners and licensors make no warranty that
- the Services or software will meet your requirements;
- that Service or software will be uninterrupted, timely secure or error-free;
- the results that may be obtained will be accurate all the time;
- the quality of any piece of information or other material obtained by you through the Service will meet your expectations, and
- that any errors in the software will be corrected
6.3 Any material or information obtained through the use of our Service is taken at your own risk.
6.4 No advice or information oral or written, obtained by you from our Service or through it or software shall create any warranty not expressly stated in the terms of service
- Limitation of Liability
7.1 You expressly understand and agree that in no event SmartWater Planet and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive direct or (even more) indirect, special, incidental, consequential, or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SmartWater Planet has been advised of the possibility of such damages), resulting from:
- the use or the inability to use our Service;
- unauthorized access to or alteration of your transmissions or data;
- the cost of procurement of substitute goods and service;
- statements or conduct of any third party on our Service;
- any other matter relating to our Service, whether equity or otherwise, arising out of or in any way connected with the use of our Service or site.
- Refund Policies
8.1 Certain refund request for Subscriptions may be considered by SmartWater Planet on a case-by case basis to be granted in sole discretion of SmartWater Planet.
- Intellectual Property
9.1 We respect your intellectual property. This agreement does not grant us any right to your content or the intellectual property rights.
9.2 You acknowledge that we own all right, title and interest in and to our Service and software, including without limitation all intellectual property rights which are protected by international law as well as European and Regional law of Spain. You will agree that you will not copy, reproduce, modify, alter or create derivative works from our Service.
- Links to Other Websites
10.1 The Service may contain links to third-party web sites or services that are not owned or controlled by the Service.
11.1 You hereby grant us a limited non-exclusive, non-transferable royalty-free non revocable, perpetual, non-sub-licensable license to display your trade names, trademarks, service marks, logos, domain names and the like for purpose of promoting or advertising that you use or have used our Service, including on our website, in press release and other media.
12.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is made we will try to provide at least 30 days notice prior to any new terms taking effect.
12.2 By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
- Governing Law
13.1 These Terms shall be governed and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.
13.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
14.1 We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
14.2 If the Service is terminated by us reasons other than breach of terms, any fees already paid for future periods will be refunded.
14.3 All provisions of the Terms which by their nature should survive termination shall survive the termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14.4 Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
- Contact Us
If you have any questions about these Terms, please contact us at firstname.lastname@example.org