By clicking on “I ACCEPT”, you hereby agree that you have understood and accepted the terms of use. You further agree that, if you do not agree to the terms and conditions mentioned herein, you will immediately stop using the services provided by SatSure on the application and SatSure shall reserve the right to withhold or cease the access to its services and the application,

These terms of use are made and entered into between SatSure Analytics India Pvt. Ltd (which term shall include its affiliates) and the person entering into these terms or the individual/company/firm/institution/entity on behalf of whom You are entering into these terms (“Customer”) ( referred to as “User”, “You “, “Your” etc.). This agreement is effective from the date You click “I ACCEPT” (“Effective Date”). If You are accepting on behalf of the Customer, You agree that You are authorised to represent the Customer, the Customer is bound by this agreement and You have agreed to the terms of use on behalf of the Customer.

These Terms of Use govern Your access to and the use of, application and service(s) product(s) and/or data provided by SatSure therein through any electronic device including mobile phone and computer.

Scope of Use

SatSure AG is the exclusive author, developer and proprietor of SPARTA “the Application” or “app” and services, functions and utilities provided through the Application. SatSure AG has granted exclusive license to SatSure to interalia reproduce, distribute, sell, rent, commercialise and modify the application and services, functions, data, contents, publication, products and utilities provided therein by SatSure AG.

Open innovation: SatSure AG has developed the application with the intention of creating a knowledge sharing and open innovation platform to enable individuals and entities working in the agricultural sector to collaborate and co-innovate cohesive solutions, products and services by utilizing free limited data and subscription data provided and owned by SatSure and Satsure AG and other data, ideas and expertise made available on the platform by other users.

Free Limited data/Freemium data is the data, information, maps, graphs, photographs, images, content and any other material procured through remote sensing satellites or otherwise and made available by SatSure free of cost to You on the application with restriction on usage, if any as indicated in the application from time to time.

Subscription data/Premium data is such data, information, maps, content and any other material procured through remote sensing satellites or otherwise and made available by SatSure to You on the application upon payment of such subscription fee as may be notified on the application from time to time.

Co-innovation: Upon successfully innovating a model, testing the accuracy and working of such model and generating proof of concept, You along with Co-innovators, if any, can issue a proposal to SatSure for Co-innovation with SatSure. Such proposal shall provide a brief description of the innovation, the objective of the innovation, value proposition, its utility and desired impact, details of the Co-innovators and the support and contribution expected from SatSure. You further agree to provide such other information as may be sought by SatSure from time to time for the purpose of review of the said innovation and proposal provided by you. SatSure, at its sole discretion may choose to collaborate with you and the Co-innovators if any, by executing a separate agreement containing such terms as may be agreed between SatSure and You (and the co-innovators if any) to identify and realise commercial activities.

User Responsibilities and obligations

By accepting the terms of use, You hereby agree that:

You are above 18 years of age and capable of entering into a valid contract under the applicable laws,

You will not use application and service(s) and/or product(s) for any illegal or unauthorised purpose including for misuse of personal or sensitive personal information.

Irrespective of whether You are a citizen of India or of a foreign country, You will at all times respect and comply with all the laws existing in force in India and / or the country of Your residence and all other concerned regulations.

You hereby agree and assure that You and the Customer are solely responsible for Your conduct and any data, text, information, graphics, ideas, analysis, review design concepts, business proposal and ideas, and inputs that You submit and publish on the Application.

You agree that you will provide only such information, data, review and materials that You believe to be true and correct. You will not publish any information that is false, offensive and questionable or encourages violence, riots or hatred towards any gender, race, caste, religion or sect of people or degrades the reputation of SatSure.

You further assure and agree that You will not directly or indirectly be a part of or privy to any illegal or unauthorised use of this application. Illustrations of such illegal or unauthorised use of this application include but are not limited to the following

Modifying, adapting, translating or reverse engineering this application, its product(s) and / or its service(s), reverse engineer, extract, modify, copy or disassemble any or all of the source code and interfere with the network of SatSure in the application.
Removing any copyright, trade mark or other proprietary rights notices contained in application or any part thereof.
Using any robot, spider, site search / retrieval application, or other device to retrieve or index any portion or the service(s) / product(s) offered by this application.
Creating user accounts by automated means or under false or fraudulent pretences or use the service(s) and/or product(s) in a manner to avoid incurring fees.
Creating or transmitting unwanted electronic communications such as ‘spam’, or chain letters to or otherwise interfering with other user’s enjoyment of the service by blocking.
Submitting materials or representing Yourself and such material as either sponsored or endorsed by this application.
Using this application, service(s) and/or product(s) in any manner that infringes, or misappropriates or violates the intellectual property, publicity, privacy or other rights of any other party including SatSure and SatSure AG.
Restrict any other User from using the application, product(s) and service(s).
Using this application to transmit any viruses, worms, defects, or other items of a destructive nature.
Use the application and the service(s) and/ or product(s) on behalf of or for the benefit of a third party who is legally prohibited from using the application and service(s) and/or product(s)
Providing false information, data, inputs and materials with the intention of misleading other users, third parties or SatSure.

In the event such unauthorised / illegal use and / or abuse of this application and the information and data available therein is discovered by us independently or reported to us, then we reserve all our rights to pursue any action appropriate under the law (including but not limited to termination / deletion of the user account) against the user to whom such unauthorised / illegal use and / or abuse is attributable to and the Customer on behalf of whom the User was committing such actions.

While all reasonable care and precaution has been taken to prevent such illegal and unauthorised conduct, this application or any person affiliated to this application including its owners are not responsible for any damage or inconvenience You may be exposed to due to misuse, or blocking by other users or any other acts by third parties and that You use this application at Your own risk.

SatSure and SatSure AG, its affiliate shall also not be liable or responsible for any losses or damages that may be incurred as a result of third parties and other users providing false and inaccurate data, information, analysis, review, prices of products or any other information or material on the application, infringing of your intellectual property rights, misuse or falsely claiming of ownership over information, ideas, innovation, graphics or any other data that You may add/publish on the application or make available in connection with you using the application/product or services.

You will immediately inform SatSure of any suspicion regarding unauthorised or illegal usage of Your account or the personal or sensitive personal information or data, information and your intellectual property provided by You in the application.

You will not sell, assign, sub license or create any third party rights in the rights available to You and the service(s) and/or product(s) provided to You under the application.

You will provide accurate, complete, current and valid information sought for in the application.

If You are accepting these Terms on behalf of the Customer, You agree that You are authorised by the Customer to use the Application and accept the Terms of Use on behalf of the Customer,

Inform SatSure immediately if there is any change in the information provided by You in the application for using the application, service(s) and/or product(s)

You shall not use the account belonging to any other person without their valid consent.

Use authorised internet network to access and use the application and the services provided therein.

Use Your own electronic device while accessing and using the application and ensure that no third party accesses it without Your consent. You as well as the Customer, if any shall however be liable for any activity performed using Your account, either by You or a third party (with or without Your consent)

You shall immediately notify SatSure, if Your device is lost or stolen to have the application immediately blocked or deactivated.

Your electronic devise and the browser will meet the minimum requirements, if any specified by SatSure, which may vary from time to time on the Google Play store or on any other app deployment platform.

You shall solely bear responsibility for ensuring that You download the correct the version of the application on Your electronic device.

You and the Customer if any, are solely responsible of maintaining confidentiality of all the sensitive and personal information/personally identifiable information shared by You on the application.

Information Collected

Subject to the terms under Privacy Policy, sensitive and personal information/personally identifiable information, if any provided by You will be available on the Application and can be accessed only through the username and password assigned to you, unless You publish it or make it available to other users and public on the Application . The privacy policy related to this is separately published and you will be required to read through the same and provide consent for the policy before you commence usage of the Application.

By submitting data, ideas, innovation, proof of concepts, graphs, inputs, reviews, analysis, product designs, business plans, content or any other information to us, You the user are assigning all Your rights over such information so supplied and we reserve absolute and unqualified rights over such information so submitted.

You agree that, in order to provide services under the application, SatSure might collect data from You, including coordinates, images of locations, longitude and latitude, IP addresses, search terms, images, details pertaining commodity prices, weather conditions, etc., You hereby agree including on behalf of the Customer if any, that SatSure and Satsure AG may use and retain this data to provide and improve products and/or services under the application subject to the privacy policy.

However in certain instances the product(s) / service(s) in the application which You have opted for may involve interaction with either staff from our support centre or third party professionals and in such cases Your implied authorisation including on behalf of the Customer, if any to declassify the data / information You have provided is presumed.
The information so collected will be stored and used to operate the application for You. The said information may also be used to notify You of new products or services
In circumstances when Your employer or principal has bought our services / products and You use our application and service on behalf of or in discharge of Your duties to Your employer, we may use the information provided by You on behalf of Yourself as well as Your employer/Customer.
The information You provide may be used to notify You of new products / services of SatSure, SatSure AG, other users or other companies/individuals/entities. Satsure AG, SatSure or its owner shall not be responsible or liable in any manner for liability arising out of the use of the products and services of other users or companies/individual/entities. If You do not wish to receive promotional e-mail from us, an email will have to be sent to us at sparta@satsure.co.
You agree that, You, the user, while using the services and products under the application, You shall not share any personally identifiable information of any person.
You and the Customer, if any are solely responsible for maintaining confidentiality of Your Registration Data and Application login credentials, and will be liable for all activities and transactions, and any other misuse of the Application, that occurs through Your Account (whether initiated by You or any third party), except to the extent caused or contributed by SatSure

Email and SMS/Message alert services

On selection of email Alert service or SMS alert service or Whatsapp alert service, if any, You agree and grant non-exclusive permission and irrevocable right to use, for the purpose of sending emails / SMS/ Message alerts or for any other purpose by way of messages or any other formats from time to time in a manner that we see fit. Your implied consent for the manner in which we send out such alerts or any changes in the same is presumed at all times.

The material in application developed and/or made available by SatSure and SatSure AG, unless otherwise stated are protected by the Indian copyright laws and other applicable laws and SatSure/ SatSure AG, its parent/ affiliates/ associates is the absolute owner of all such materials irrespective of whether they are capable of protection / registration under the relevant statute or not.

SatSure AG and SatSure are the absolute owners of logos, trademarks, data, content, materials, publications and Intellectual Property in all information, techniques, Know-how, software and materials, whether subject to statutory protection or not, developed and made available in the application by SatSure and/or SatSure AG. You are granted non-exclusive, limited and non-transferable right to access and use only the application and the data made available therein, in compliance with this agreement and the privacy policy. You shall not infringe any of the intellectual property belonging to SatSure including trademarks and copyrights made available in the application.

The ownership over any intellectual property jointly developed by SatSure and You along with co-innovators if any, pursuant to Your proposal being accepted by SatSure for Co-innovation shall be determined by a separate agreement to be entered between parties in writing.

Term and termination

These Terms of Use shall remain in force from the effective date until terminated by SatSure under the Terms of Use. SatSure may terminate the Terms of Use if you breach the provisions of this Terms of Use. SatSure, at its sole discretion may choose against terminating the Terms of use if you cure the breach within 30 days of receiving written notice. However, Satsure hereby reserves the right to suspend your usage of the application, service(s) and/ or product(s) until you cure such breach of Terms of Use.

Limited Permission

You are permitted to print or download extracts from these pages for the purposes of complying with the applicable laws and the Terms of Use on behalf of the Customer, if any that you are representing. No part of this site maybe reproduced or disseminated in any electronic or non-electronic form, nor included in any public or private retrieval system or service without prior written permission.

Subject to compliance with the Terms of Use, You are granted non-exclusive, limited and non-assignable/ non-transferrable right to access and use the application during the continuance of the Terms of Use

Nothing under this Terms of Use shall convey any rights, title or interest over the data, articles, materials, maps, source code, algorithm, intellectual property which enables functioning of the application, or any other intellectual property that is owned and/or made available by SatSure and/or SatSure AG on the application/product(s) or services(s)

Modifications/Alterations

SatSure reserves all right to change, alter, modify any of the terms and conditions of this Terms of Use including but not limited to the right to suspend services available without giving notice, alter / change or remove any or all the content available on the application irrespective of whether such information is published by You or SatSure, terms and conditions of this agreement, product or services contained on this application, etc. without giving any sort of prior notice to that effect and we assume your consent for such alterations, deletions and changes.

In the interest of the User, the said changes / alterations or modifications may be published or notified to you and You hereby undertake to follow up on such developments regularly and prudently. Such modifications / alterations/ changes shall automatically be incorporated into this user agreement and in the event You continue to use this application or any product(s) and/or service(s) of this application, You shall automatically have consented to / agreed to be bound by the said modifications / alterations / changes/ deletions.

Third party services

The User hereby acknowledges and agrees that

The Application includes OpenStreetMap features and content.

Use of the said features and content of Open Street Map Foundation (“OSMF”) is subject to the then-current versions of the: (1) OSMF Terms of Use at https://wiki.osmfoundation.org/wiki/Terms_of_Use ; (2) OSMF Privacy Policy at https://wiki.osmfoundation.org/wiki/Privacy_Policy and (3) such other policies and terms announced by OSMF.

If You fail to comply with applicable terms of OSMF, SatSure will take appropriate enforcement action, including suspending or terminating Your use of OSMF features and content in the Application, service(s) and/or product(s).

You will further bear exclusive and sole liability and responsibility for violation of the aforesaid policies. In this connection, you will indemnify and keep indemnified SatSure against any and all liability arising out of or in connection with violation of the aforesaid policies and terms of use of OSMF. You will also render us harmless in the event of any action or claim being brought against us for violating the aforesaid policies and terms of use of OSMF.

Suspension of usage

SatSure reserves the right to immediately suspend Your use and deny access to the application, service(s) and/ or product(s) or information/data/content available in the application if there is an emergency security threat or there is a requirement to suspend such use to comply with applicable law.

If SatSure suspects that You are infringing its intellectual property or that of a third party, SatSure may decide to suspend Your usage and prevent access to the application, services and/ or products.

OSMF and its affiliates may use and retain the data provided by you while using the services provided by OSMF such as Open Street Map during usage of the application, service(s) and/or product(s) subject to the OSMF’s Privacy Policy.

You hereby provide your express consent to SatSure obtaining and using your location data while your usage of the application, service(s) and/or product(s), independently or along with other data provided by you to or available with SatSure failing SatSure at its sole discretion might prevent you from accessing the application/product(s) or service(s) or portions thereof.

Validation and Feedback

The feedback provided by the User and the Customer, if any on the application and the data provided by the User may be used by SatSure in any manner it deems fit and the User irrevocably assigns all non- exclusive license, right and interest in such Feedback and Validation report

Indemnity

You on behalf of yourself as well as the Customer, if any hereby indemnify and hold SatSure and SatSure AG harmless against any losses, damages, liability, claims and expenses incurred by SatSure and/or SatSure AG as a result of You breaching the Terms of Use and/or the applicable laws including infringing intellectual property rights of third parties and other users.

Warranties

All guaranties, warranties and representation not expressly made under the Terms of Use are excluded from the Terms of Use to the maximum extent permissible by law.

The application, product(s) and service(s) are provided as is. You agree that neither SatSure nor SatSure AG make or have made any warranties of any kind, express or implied including warranties of fitness, merchantability, fitness for use, error free and uninterrupted use of the application, service(s) and product(s), non-infringement of the materials and content in the application,

You hereby acknowledge and agree that the application functions and provides service(s) and product(s) based on data provided by third parties including the User, customer, other users, third parties and third-party service providers and data such as satellite data which is constantly changing. Therefore, you agree that SatSure and SatSure AG make no representation about data, information, reviews, proof of concepts, analysis, theories, test results, business models or any other content including satellite images, maps or routes available on the application either developed or provided by SatSure, SatSure AG or third parties, its accuracy or correctness. Information available on the application may vary from the actual conditions and You hereby agree to exercise independent judgment when using the application, service(s) and product(s).

Limitation Of Liability

SatSure and SatSure AG do not accept responsibility for the accuracy and correctness of any content, information, data, materials, maps, reviews, proof of concept, test results, analysis, claims, business models or any other content submitted by SatSure, SatSure AG or the users of this application. SatSure and SatSure AG further do not accept any liability for infringement of your intellectual or industrial property rights or loss of profits, revenues or confidentiality of your confidential information or business interruption while using the application.

To the maximum extent permitted by applicable law, SatSure and SatSure AG shall not be held liable under these Terms of Use for more than the amount paid by the User to SatSure under this Terms of Use during the 6 months before the event giving rise to liability.

The responsibility in respect of statutory compliance and/or compliance with any other regulation or agreement along with other matters for publishing content, materials, information, data, proof of concept, test results, maps or any other material, and advertisements or promotions listed out on this application lies solely with the person making such publication, advertisement or promotion. SatSure and Satsure AG accept no responsibility and bear no liability for any such publication, advertisement or promotion made on its application.

SatSure and SatSure AG accept no responsibility for information, data, content or any other materials that you publish on the application. You agree to share and provide access to your information, data, content and materials to other users and third parties on the application at your own risk. SatSure and SatSure AG bear no responsibility for breach of confidentiality by other users or third parties with whom you have shared confidential information in the course of using the application or otherwise.

SatSure and SatSure AG accept no responsibility for any losses or damages incurred by You as a result of You collaborating or co-innovating with other users or third parties in the application. You do so at your own risk.

SatSure and SatSure AG accept no responsibility for any losses or damages incurred by You as a resulting of SatSure rejecting your proposal to co-innovate.

If You generate any Intellectual Property while using the application, you bear complete responsibility in taking all necessary measures to protect such Intellectual Property generated and owned by You. If such intellectual property is co-created by You along with other user(s) and/or third parties, You along with such other user(s) and/or third parties bear responsibility in determining your respective ownership over such intellectual property and protecting the same under the applicable laws. SatSure and SatSure AG accept no liability towards any losses or damages that may be incurred by You as a result of disclosure or infringement of such Intellectual Property Right.

The analysis and output of our application is generated by processing the following data, in addition to such other data that might be used by SatSure from time to time:

Satellite images containing modified Copernicus Sentinel data (2017), processed by the European Space Agency (ESA), Landsat-8 image courtesy of the U.S. Geological Survey
The location data including latitude and longitude co-ordinates
Crop Health Index and crop moisture from data made available by Copernicus Sentinel data and Service information.
Weather information including rainfall and temperature from the data made available by Dark Sky company LLC
Warehouse data made available by Warehousing Development and Regulatory Authority, Government of India

The accuracy of any outputs provided by the Application depends upon the quality and accuracy of the data specified herein and the data provided in the application by users including You. Therefore, SatSure and SatSure AG disclaim any liability or responsibility for any inaccuracy in the output of the Application that is attributable to the inaccuracy or the quality of the above data.

Assignment

In the event where SatSure, SatSure AG and / or its parent is acquired by another legal entity, then the terms and conditions set forth in this agreement shall continue to stand valid and the user undertakes to continues to be bound by these terms and conditions notwithstanding the assignment of this agreement to another entity. The User shall not assign the terms of this agreement to any third party without the express written consent of SatSure.

Force Majeure

SatSure and SatSure AG shall have no liability when there is cessation, interruption or delay in the performance of SatSure’s obligations due to any reasons beyond its controls including among other things breakdown of concerned servers, interruptions in communication channels, earthquakes, volcanoes or such acts of God, labour controversy, civil disturbance, economic recession, internet failures, computer equipment failures, telecommunication equipment failures, fires, floods, storms, epidemics, pandemics including Covid – 19, order or domestic or foreign courts, , war or the inability to obtain services from other third party service providers including but not limited to OSMF, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgement or decree.

Indian Law

This agreement shall be governed by the Laws of India. The Courts of Law at Bangalore shall have exclusive jurisdiction over any disputes arising under this agreement.

Entire Agreement

These terms of use along with the Privacy Policy constitute the entire agreement between You and SatSure with respect to the subject matter thereof and this supersedes / replaces / revokes all prior understanding or agreements whether oral or written regarding the said subject matter between You, the user and SatSure.

MISCELLANEOUS

If any term or clause of these Terms of Use are declared to be invalid, void or unenforceable, the rest of the agreement will remain effective . Non-exercise or delay in exercise of rights under this Terms of Use or the applicable laws shall be construed as waiver of such rights. All notices under this Terms of Use shall be in writing and sent to SatSure at its email address sparta@satsure.co . In addition to the reliefs and remedies available under the Terms of Use, SatSure and Satsure AG shall be entitled to any other equitable relief available under the law.