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Terms and Conditions of Kilimo

These Terms and Conditions govern the relationship between users (hereinafter “Users”) and Kilimo Inc, a company incorporated under the laws of the State of Delaware, or Kilimo S.A., a company incorporated under the laws of the Argentina Republic, or Kilimo Chile SpA, a company incorporated under the laws of the Republic of Chile, and or Kilimo México SA de CV, a company incorporated under the laws of Mexico (“KILIMO”), all of them with email address at [email protected] (together referred to as the “Parties”). By using KILIMO’s services, Users are bound by these Terms and Conditions, along with any other policies governing KILIMO, which are incorporated herein by reference.

 

PLEASE READ THESE TERMS CAREFULLY. ANY PERSON WHO DOES NOT ACCEPT THESE MANDATORY AND BINDING TERMS SHOULD REFRAIN FROM USING THE SITE.

 

Users must read, understand, and accept these Terms and Conditions and the PRIVACY POLICY of KILIMO included in (www.Kilimo.com).

 

KILIMO offers a web platform (“Site“) and a mobile application (“Application“) for irrigation management in agriculture. These services use satellite data, weather information, and data provided by Users to recommend optimal irrigation practices, thus enhancing water efficiency.

To use the various services, Users must be over 18 years old and have full capacity to contract, assume, and fulfill all types of obligations and rights, especially those outlined in these Terms and Conditions.

KILIMO may freely modify or update these Terms and Conditions at any time. When this happens, Users will be notified so that they can provide their acceptance of the new proposed version. Only if the User accepts the new Terms and Conditions may they continue using the Site, Application, and the Services offered.

Any modified or updated version of these Terms and Conditions will be understood as superseding all previous versions.

If at any time Users disagree with these Terms and Conditions, they must immediately stop using the Site, Application, and the Services.

The Terms and Conditions binding on the User will be the most recent ones published by KILIMO on (www.Kilimo.com).

1. USER REGISTRATION

1.1 Access to Content: Users may access the Site and Application without registration. However, to use KILIMO‘s services, Users must register by providing a valid username and password. They may also register employees, consultants, contractors, agents, or third parties involved in their operations for access to the Site and Application (“Registered Users“).

 

1.2 Accuracy of Information: Registered Users are required to ensure the accuracy, precision, and truthfulness of all data provided (“Personal Data“) and update their information as necessary. Users authorize KILIMO, either directly or through third parties, to make any inquiries or use any methods it deems necessary to validate and/or authenticate their identity and information for the use of Services and content. While KILIMO may use various means to verify Registered Users’ identities, it assumes no responsibility for inaccurate information. 

 

1.3 Account Management: Upon registration, a personal account (“Account“) is created. Registered Users access their Account using a unique, non-transferable security key. Users will be responsible for the proper use and confidentiality of the security key. Users are prohibited from registering or holding multiple accounts. KILIMO reserves the right to suspend or cancel any accounts it detects as duplicative or associated with false information. Users are solely responsible for the activity on their Account. 

 

1.4 Personal Data: The personal data that will be requested upon registration are the following: your name, date of birth, address, e-mail address, phone number, irrigation strategies and business information, soil samples, product preferences, payment or financial information. Notwithstanding the foregoing, KILIMO reserves the right to request additional verification of Personal Data. Personal Data will be stored in KILIMO’s database and/or third party providers database in accordance with the Privacy Policy. 

 

1.5 Prohibited Access: Competitors may not access KILIMO’s services without prior written consent, nor can anyone access the services for benchmarking, competitive analysis, or similar purposes.

2. SERVICE CONDITIONS

2.1 Service Description: KILIMO´s purpose is to simplify irrigation management, by improving efficiency and reducing environmental impact. KILIMO utilizes satellite, weather, and User-provided data (“Data“) to enhance irrigation strategies. KILIMO utilizes predictive models for rainfall and irrigation (which are not always precise and may contain errors) with the objective of maintaining the water balance, alerting Users to missing data, and making data input easier. The service requires the Registered Users to provide soil samples to adjust KILIMO’s algorithm to site-specific conditions. Users may need to grant KILIMO access to their weather stations to improve data accuracy and to their irrigation controllers to facilitate data input. The services are provided with the aim of maintaining water balance and provide the User with a more effective irrigation strategy.

 

2.2 Exclusive Access: The service is available exclusively to Registered Users.

 

2.3 Service Fees: Access to the Site and Application is free, but the Service itself is fee-based. KILIMO will provide Registered Users with a proposal specifying the fees (The “Proposal“), which Users may accept or decline. Once accepted, the terms of the proposal can only be modified with the written consent of KILIMO.

3. PAYMENT TERMS

3.1 Service Fees: Registered Users agree to pay KILIMO the fees outlined in The Proposal. The Proposal must specify whether the fees include the payment of applicable taxes or not. 

 

3.2 Payment Deadlines: Invoices must be paid within the deadlines specified according to the selected payment method.

 

3.3 Payment Verification: Any transaction made by the User for the use of Kilimo’s fee-based services, including payments for subscriptions, one-time services, or any other services specified in The Proposal, will be subject to verification by the issuing company of the bank card or other payment method chosen by the User. A transaction shall not be considered complete until KILIMO receives authorization from the respective financial institution. In the event that KILIMO does not receive such confirmation, the transaction will be canceled.

 

3.4 Changes in Fees: KILIMO reserves the right to adjust its fees at any time, with prior notice to Registered Users. In the event that Users continue using the Services offered, it will be understood that they accept the changes in pricing conditions. 

 

3.5 Non-Payment: Failure to meet payment obligations may result in suspension or cancellation of the Service without any claim by the Registered User. 

 

3.6 Debt Collection and Indemnification of Damages: KILIMO reserves the right to pursue legal judicial or extrajudicial actions to collect unpaid debts and indemnify damages arising from the Registered User’s breach. 

4. USE OF THE SITE AND APPLICATION

4.1 User Responsibility: KILIMO is not liable for any issues related to a User’s access to the Site or Application due to insufficient communication or technological resources.

4.2 Proper Use: Users agree to use the Site and Application in compliance with applicable laws, these Terms, public order, and generally accepted moral standards.

4.3 Prohibitions: Users agree not to:

   – Resell or transfer their Account.

   – Use the Service for unlawful or unauthorized purposes.

   – Disrupt the Service or Site in any way.

   – Use unauthorized or incompatible devices to access the Site or Application.

   – Spread viruses or malicious code.

   – Do not decode, track, reverse engineer, deconstruct, or recreate the source code of the Site and Application.

   – Do not distribute information or content from KILIMO that is protected by intellectual property or copyright laws.

   – Do not use the Site, Application, or Services to harass, intimidate, or violate the rights of third parties, nor distribute information, messages, posts, or content that may be fraudulent, misleading, discriminatory, violent, threatening, harassing, or in general, harmful to third parties.

5. LIABILITY

5.1 Data Accuracy: The accuracy of KILIMO‘s reports and recommendations depends on the integrity of the Data. Incorrect or incomplete data provided by Users may result in incorrect reports, for which KILIMO will not be liable.

 

5.2 No Guarantees: Even with accurate data, KILIMO cannot guarantee the accuracy or reliability of its reports or recommendations since it utilizes predictive models for rainfall and irrigation (which are not always precise and may contain errors).

 

5.3 User Responsibility: Users conduct transactions with KILIMO at their own risk. KILIMO is not liable for any loss of profits or damages resulting from the use of its services.

 

5.4 No Guarantees of Success: KILIMO makes no guarantees regarding the commercial success of its recommendations and is not responsible for any losses incurred by Registered Users.

 

5.5. Exclusions of Liability: KILIMO shall not, under any circumstances, be held liable for the following:

  1. Improper Use: The improper or unauthorized use by Users or visitors of the Site or Application of materials, intellectual property rights, or industrial property rights displayed on the platform.
  2. Technical Issues: Damages or potential damages caused to Users or Registered Users resulting from technical issues with the Site, Application, or the predictive models utilized by KILIMO, including errors in weather data, soil samples, or satellite information.
  3. External Content: The content or accuracy of third-party websites or pages that Users may access with or without KILIMO‘s authorization.
  4. Unauthorized Access: Access by minors or individuals lacking legal capacity, as defined by applicable laws, to the contractual relationship or data provided through the Site or Application.
  5. Misuse of Credentials: Any loss, misuse, or unauthorized use of security keys or login credentials by Users or third parties after access has been granted, whether during or after the registration process.
  6. Viruses and System Security: Damages caused by viruses, malware, or other harmful elements that may affect Users’ devices or systems due to their use of the Site, Application, or Services. Users are responsible for implementing appropriate antivirus and security measures.
  7. Improper Use by Users: Damages caused to the Site or Application due to improper or malicious use by Users, including but not limited to intentional misuse of features, data manipulation, or actions taken in bad faith.
  8. Double Payments: In the event of duplicate payments made by a User or Registered User, KILIMO will refund the excess amount within 15 days of receiving a formal written claim and the necessary supporting documentation, including proof of the duplicate payment.
  9. Liability Limitation: KILIMO‘s total liability, whether contractual, non-contractual, or statutory, shall not exceed the total amount paid by the User for the specific service provided.

6. SERVICE AVAILABILITY AND WARRANTY

6.1 Service Interruptions: KILIMO does not guarantee uninterrupted access to the Site or Application and is not liable for any damages arising from interruptions, technical failures, or unauthorized intrusions. In such cases, efforts will be made to restore it as quickly as possible, without holding KILIMO liable in any way. 

 

6.2 Cybersecurity: KILIMO takes measures to protect the Site and Application but cannot guarantee protection against unauthorized third-party access.

 

6.3 Hold Harmless: Users agree to indemnify KILIMO for any claims arising from violations of these Terms or applicable laws.

 

6.4. Modifications: KILIMO may, at any time and whenever it deems appropriate, without prior or subsequent notice to Users, make corrections, additions, improvements, or modifications to the content, presentation, information, services, areas, databases, and other elements of the Site, Application, or Services offered, without giving rise to any claim or compensation rights, and without implying any acknowledgment of liability in favor of the User. It is the sole responsibility of the User to ensure they are aware of such modifications. 

 

6.5. User Declarations: Users declare they know and accept: 

 

  1. That they are aware of the technological nature of the Site and Application, and its content, and that it is natural for them to be exposed to interruptions and/or unavailability that are not necessarily under the control and responsibility of KILIMO. 
  2. That the availability of the Site and Application may be affected due to preventive or corrective maintenance to update its content, safeguard its security and integrity, or for similar reasons or purposes. 
  3. That the Site and Application use first-party and third-party cookies, both temporary and permanent, which are used to store non-personal identification information of the Users. 
  4. That it is their responsibility to have up-to-date antivirus systems, firewalls, and/or other security systems. 
  5. They have been warned that there are scams that use the internet to carry out illicit transactions such as Smishing, Phishing, Pharming, etc. For this reason, it is the responsibility of each User to implement the corresponding measures to avoid becoming a victim of any of these crimes. 

7. INTELLECTUAL PROPERTY

7.1 Ownership: All intellectual and industrial property rights over the content on the Site and Application belong to KILIMO. All content included on the KILIMO platform, such as text, graphics, logos, icons, images, algorithms, source code, software, data compilations, and any other materials, is the property of KILIMO or its content providers and is protected by intellectual property laws. The KILIMO name, logo, and other visual or textual elements of the platform are trademarks or trade dress owned by KILIMO in Chile, Argentina, United States and other countries. These trademarks, trade dress, and proprietary designs may not be used in connection with any product or service that could cause confusion among users or in any way that disparages or discredits KILIMO.

Unless expressly authorized in these Terms and Conditions, no content, software, or tools provided by KILIMO may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial or non-commercial purpose without prior written consent from KILIMO. 

7.2 Data Ownership: Samples and data provided by Users through the Site or Application are the property of KILIMO.

7.3 Authorized Use: Registered Users are authorized to use the content for personal, non-commercial purposes only. Any other use requires prior written consent from KILIMO.

8. DATA PROTECTION

8.1 Data Use: The personal data provided during registration will be stored in a personal and/or third party provided database, managed by KILIMO.

 

8.2 Purpose: Personal data will be used solely for registration purposes as stated in Section 1.

 

8.3 User Rights: Registered Users may access, rectify, or delete their personal information in accordance with applicable data protection laws.

 

8.4 Privacy Compliance: KILIMO commits to complying with data protection laws of each of the country it operates and provides Services. 

 

The information provided by the Users will be protected and will be processed in accordance with the terms outlined in the Privacy Policy. 

9. NOTIFICATIONS

KILIMO may notify Registered Users via email or phone. Users can contact KILIMO by sending an email to [email protected].

 

Users may receive promotional, informational, or administrative messages regarding KILIMO, its Services, and new services or products, which will be sent via email, modal pop-ups, or SMS/text messages. By accepting these Terms and Conditions, Users expressly agree and consent to receiving such messages. 

10. ASSIGNMENT

Users may not assign their rights under these Terms without prior written consent from KILIMO. KILIMO may assign these Terms without User consent.

11. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are governed by the laws of the Republic of Argentina. Any dispute, controversy, or claim arising out of, or in connection with, this Agreement, including any question regarding its existence, validity, interpretation, or termination, shall be subject to the exclusive jurisdiction of the competent courts of the City of Córdoba, Province of Córdoba, Argentina. The parties expressly waive any other jurisdiction that may correspond to them by reason of their present or future domiciles or for any other reason.