Kilimo Logo
Contact Us

Terms and conditions of Kilimo

The present terms and conditions of service regulate the contractual relationship between the users (hereinafter “Users”), with KILIMO SA CUIT 30-71510794-1; with legal address at Zenon Lopez 1121, Pilar, Departamento de Río Segundo, Provincia de Córdoba, Argentina, email address [email protected] (together with the Users, the “Parties”). Users will be subject to the respective General Terms and Conditions, along with all other policies and principles that govern KILIMO SA and are incorporated herein by reference.

ANY PERSON WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, SHOULD REFRAIN FROM USING THE SITE.

The User must read, understand, and accept all the conditions established in the General Terms and Conditions and the Privacy Policies.

KILIMO provides a web platform (hereinafter the “Site”) and a mobile application (hereinafter, the “Application”) for irrigation management in agriculture, using satellite information, weather data, and data provided by the Users, recommending optimal irrigation for each crop, thereby increasing the efficiency of water use.

FIRST CLAUSE: Registration

1.1. Registration of the User is not necessary to access the contents of the Site and/or Application. However, to access the services provided by KILIMO, the User must register in the KILIMO system by entering their username and password with valid data. In the case of companies, they may include data of their employees, consultants, contractors, and agents, or third parties with whom they conduct business transactions for the use of the Platform (hereinafter, the “Registered User” or in plural “Registered Users”). Anyone wishing to become a Registered User must verify that the information made available to KILIMO is accurate, precise, and true (hereinafter, the “Personal Data”). The Registered User also commits to updating the Personal Data whenever there are changes. KILIMO may use various means to identify Registered Users, but KILIMO is not responsible for the accuracy of the Personal Data provided by its Registered Users. Registered Users guarantee and are responsible, in any case, for the truthfulness, accuracy, validity, and authenticity of the Personal Data made available to KILIMO.

1.2. In order to acquire the status of a Registered User of KILIMO, the User must complete the registration form, accept the Privacy Policy, and these Terms and Conditions.

1.3. Once the Registration is completed, KILIMO will grant the Registered User a personal account to access with the chosen password (hereinafter the “Account”). The Registered User will access their Account by entering their username and chosen personal security key. The Account is personal, unique, and non-transferable, and it is prohibited for a Registered User to register or possess more than one Account. If KILIMO detects different Accounts containing matching or related data implying that the same User has two or more accounts, it may cancel, suspend, or disable them. The User will be solely responsible for the use of their Account.

1.4. The Personal Data entered by the Registered User must be accurate, current, and truthful at all times. KILIMO reserves the right to request some proof and/or additional data to verify the Personal Data and to temporarily and/or permanently suspend a Registered User whose data could not be confirmed. KILIMO is not responsible for the accuracy of the data provided during Registration. The Personal Data provided by the Registered User will be integrated into a personal database for which KILIMO is responsible. For more information, consult the Privacy Policy.

1.5. Competitors are prohibited from accessing the services provided by KILIMO without prior consent from KILIMO. It is also prohibited to access the Services provided by KILIMO for the purpose of monitoring their performance or functionality, publishing them, or making them accessible to any competitor or third party not governed by these terms and conditions, or for any other benchmarking or competitive purposes.

SECOND CLAUSE: General Service Conditions

2.1. The service (hereinafter “Service”) consists of simplifying irrigation management in agriculture, improving the economic equation for the agricultural producer (hereinafter the “producer”) and reducing the environmental impact. KILIMO will request specific soil samples from the Registered User’s establishment to adjust the algorithm to the site-specific conditions (the “Samples”). With the information provided by the Registered User, KILIMO automatically obtains and analyzes the necessary weather and satellite information to maintain the water balance (the “Big Data”). With the Big Data, KILIMO will have the necessary information to provide the Registered User with relevant data to improve their irrigation strategy.

2.2. KILIMO’s Service is exclusively directed to Registered Users.

2.3. Mere access to the Site and/or Application will be provided to the Registered User free of charge. Nevertheless, in all cases, the Service provided by KILIMO to the Registered User will be granted for a fee according to the values established by KILIMO. This means that once the Registered User decides to use the Service, KILIMO will send the Registered User the service proposal (hereinafter “The Proposal”), where the amount to be paid as a service fee offered by Kilimo will be specified. Once the proposal offered by Kilimo is received, the Registered User will have the option to accept or reject said proposal and consequently the service offered by KILIMO. At all times, the quotation offered by KILIMO is subject to the conditions of the Service offered, and once The Proposal is sent, it cannot be modified.

THIRD CLAUSE: Payment and Billing Conditions

3.1. As compensation for the use of the Service, the Registered User agrees to pay KILIMO the amount established in the Proposal, which will be sent to the potential client via email.

3.2. The Registered User must pay the invoices issued by KILIMO within the deadlines established based on the chosen payment method.

3.3. KILIMO reserves the right to modify, change, add, or remove current rates at any time, with prior notice to the Registered User.

3.4. Failure to comply with the payment obligations assumed by the Registered Users will grant KILIMO the right to suspend or permanently cancel the Service without this generating any right to claim in favor of the Registered User.

3.5. Additionally, KILIMO reserves the right to take any judicial and extrajudicial measures it deems appropriate in cases where debts are registered by the Registered Users.

FOURTH CLAUSE: Use of the Site and/or Application

4.1. KILIMO will not be responsible if the User does not have a communication or technological means compatible with the use of the Site and/or Application for accessing the information.

4.2. The User agrees to make proper and lawful use of the Site and/or Application in accordance with applicable legislation, these Terms and Conditions, generally accepted morals and good customs, and public order.

4.3. By using the Site and/or Application and/or the Service, the Registered User agrees that:

  1. They will not have the authority to resell their Account to a third party.
  2. They will not authorize third parties to use their Account.
  3. They will not assign or otherwise transfer their Account to any other person or legal entity. d. They will not use an account that is subject to any rights of a person other than themselves without appropriate authorization.
  4. They will not request the Service for illicit, illegal purposes, contrary to the provisions of these Terms and Conditions, good faith, and public order, or detrimental to the rights and interests of third parties.
  5. They will not attempt to damage the Service and/or Site and/or Application in any way, nor will they access restricted resources on the Site and/or Application.
  6. They will securely and confidentially keep the password of their Account and any identification provided to allow them to access the Service.
  7. They will not use the Service and/or the Site and/or Application with an incompatible or unauthorized device.
  8. They will not introduce or spread computer viruses or any other physical or logical systems that may cause damage to the Site and/or Application.

FIFTH CLAUSE: Responsibility

5.1. The results of any report, outcome, or recommendation from the Services largely depend on the integrity, truthfulness, and accuracy of the Big Data. Any incorrect or false information provided by the Users may negatively affect such reports, outcomes, or recommendations, potentially making them incorrect and harmful.

5.2. Even if the data provided by the User is comprehensive, truthful, and accurate, KILIMO does not guarantee that the report or recommendation will always be correct.

5.3. The User acknowledges and agrees that conducting transactions with KILIMO is done at their own risk. In no event will KILIMO be liable for lost profits or any other damages and/or losses that the User may have suffered due to the Service provided.

5.4. Additionally, KILIMO does not guarantee commercial success or make any promises of any kind and will not be responsible for the damages and/or losses that the Registered Users may suffer as a result of developing their commercial or professional activities.

SIXTH CLAUSE: Use and Warranty of the Site and/or Application

6.1. KILIMO does not guarantee the availability and continuity of the operation of the Site and/or Application. Consequently, KILIMO will not be liable for any damages that may arise from (i) the lack of availability or accessibility to the Site and/or Application; (ii) the interruption in the operation of the Site and/or Application or computer failures, telephone malfunctions, disconnections, delays, or blocks caused by deficiencies or overloads in telephone lines, data centers, communication systems, the Internet, or other electronic systems occurring during their operation; and (iii) other damages that may be caused by third parties through unauthorized intrusions beyond the control of KILIMO.

6.2. KILIMO does not guarantee the absence of viruses or other elements on the Site and/or Application introduced by third parties unrelated to KILIMO that may cause alterations in the physical or logical systems of the User or in the electronic documents and files stored in their systems. Consequently, KILIMO will not be liable for any damages that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents, or files of the Registered User.

6.3. KILIMO adopts various protective measures to protect the Site and/or Application and the contents against cyber-attacks from third parties. However, KILIMO does not guarantee that unauthorized third parties will be unable to learn about the conditions, characteristics, and circumstances in which the Registered User or any other type of user accesses the Site and/or Application. Consequently, KILIMO will not be liable for any damages that may arise from such unauthorized access.

6.4. By accepting these Terms and Conditions, you declare that you will hold harmless KILIMO, its controlled and controlling companies, directors, partners, employees, lawyers, and agents from any claim arising from (i) non-compliance by the Registered Users or any other user with any provision contained in these Terms and Conditions or any applicable law or regulation; (ii) non-compliance or violation of the rights of third parties including, but not limited to, other Registered Users or other types of users; and (iii) non-compliance with the permitted use of the Site and/or Application.

SEVENTH CLAUSE: Intellectual and Industrial Property Rights

7.1. The Registered User, as well as any other type of user, acknowledges and agrees that all intellectual and industrial property rights over the contents and/or any other elements inserted in the Site and/or Application (including, without limitation, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio, and video) belong to KILIMO.

7.2. The Registered User, as well as any other type of user, acknowledges and agrees that the Samples obtained by KILIMO to provide its service and all data entered or provided by the Registered User or any other type of user that do not constitute personal data, through the Site and/or Application or any other means in connection with the Service, are the property of KILIMO.

7.3. KILIMO authorizes the Registered User, for the duration of the Service, to use, view, print, download, and store the contents and/or elements inserted in the Site and/or Application exclusively for personal, private, and non-commercial use, refraining from performing any act of decompilation, reverse engineering, modification, disclosure, or supply on them. Any other use or exploitation of any contents and/or other elements inserted in the Site and/or Application, other than those expressly provided herein, will be subject to prior authorization from KILIMO.

EIGHTH CLAUSE: Data Protection

8.1. The personal data (hereinafter, the “Data”) that you provide during Registration will be integrated into a personal database for which KILIMO is responsible, whose address appears at the beginning of this document.

8.2. KILIMO declares that the Data of Registered Users will be used solely for the purpose of registration mentioned in the FIRST CLAUSE.

8.3. Registered Users may exercise their rights to access, rectify, delete, and update their Personal Information, as well as to object to its processing, all in accordance with the provisions of applicable regulations (Law 25.326 – Personal Data Protection Law).

8.4. KILIMO commits to ensuring compliance with the provisions of Law 25.326 and Decree 1558/2001 regarding the Protection of Personal Data, for users and/or any third party, as well as guaranteeing the rights conferred by the aforementioned regulations.

8.5. Issues related to the protection of personal data linked to the Service will be addressed in the Privacy Policies published at the following link: www.kilimoagtech.com/politicas-de-privacidad, which form an integral part of these Terms and Conditions.

NINTH CLAUSE: Notifications

9.1. KILIMO may make appropriate notifications to the Registered User via email or mobile phone provided by the Registered User in their account. The User may notify KILIMO by sending an email to the address [email protected].

TENTH CLAUSE: Assignment

10.1. The Registered User may not assign their rights and obligations arising from these Terms and Conditions without the prior written consent of KILIMO. KILIMO may assign these Terms and Conditions, without the need to obtain the prior consent of the User, to any entity within its group of companies worldwide, as well as to any person or entity that succeeds it in the exercise of its business by any titles.

ELEVENTH CLAUSE: Applicable Law and Jurisdiction

11.1. These Terms and Conditions, as well as the relationship between KILIMO and the User, will be governed and interpreted in accordance with the laws in force in the Republic of Argentina.