Terms and Conditions
Grape.ag, Inc.
By accessing and using the website (the “Site“) or mobile application (the “Application“), and together with the Site, the “Services“, of Grape.ag, Inc. and FlyX Systems SAPI de CV, you (the “User“) agree to each of the terms and conditions set forth herein (each a “Term” and collectively, the “Terms of Service“). We reserve the right to amend these Terms of Service at any time and without notice. These Terms of Service will be accessible on the Site and Application at all times and the User undertakes an obligation to observe and follow these Terms of Service including any changes that may occur from time to time. Any changes to these Terms of Service become effective from the date of modification and any subsequent use of the Services constitutes acceptance of the revised Terms of Service. We reserve the right to block the User’s access at any time for any reason, including but not limited to violations of these Terms of Service. Please also read our Privacy Notice which is hereby incorporated into these Terms of Service.
Definitions
Application: refers to Grape.ag’s suite of products.
Content: means any information that is submitted to the Site or Application, publicly or privately, including but not limited to personal information, images, videos, graphics, sounds, texts and emails.
Grape (variously, “we”, “us” or “our”): refers to Grape.ag, Inc. and FlyX Systems SAPI de CV. and all its subsidiaries.
Site: means the Grape.ag, Inc. website hosted at www.grape.ag.
User (variously, “you” or “your”): an individual who accesses and uses the service.
Description of Service
Grape.ag, Inc services include physical and virtual sensor monitoring, weather information analytics, aerial imagery and advanced crop health diagnostics.
Reach
These considerations will apply globally.
User Conduct and Responsibility
Users pledge that they will not participate in any form of action or conduct that may have a disruptive, destructive, or negative impact on the Services or Users. This includes but is not limited to:
illegal activity
uploading, posting or sharing of material that is obscene, offensive or discriminatory
threatening, abusive, obscene or harassing behavior
invasions of privacy
distribution of software viruses
any interference with the proper operation of the Services
tampering with the software code for the Services
bypassing any security measures put in place by Grape.ag, including but not limited to password protections.
Content
We do not claim ownership of any Content that you create and share with us or the Users. Unless otherwise stated, you retain copyright and other rights already possessed by you over Content that you create and share on or through the Services. However, by creating and sharing Content, you give us an irrevocable license to reproduce, adapt, modify, publish and distribute derivative works from any Content created and shared by you through the Services. You understand and accept that this license gives us the right to make the Content available to other companies, organizations or individuals that have relationships with us, and use the Content in connection with these services.
Intellectual Property
The Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets and other rights and laws. By using the Services, you agree to respect all copyright and other legal notices, information and restrictions contained in any of the content that we provide through the Services. You also agree not to change, translate, or otherwise create derivative works of the Services or any of the content found thereon including, but not limited to, Grape.ag, Inc. trademarks, logos, and copyrighted material. We do not grant you a right or license to reproduce Content from the Services, for any reason.
Indemnification
You agree to indemnify and hold Grape.ag, Inc. and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your connection to the Site or Application, your violation of these Terms of Service, or your violation of any rights of another person or entity.
Warranty Disclaimer
The User agrees that they use the Services solely at their own risk. The Services are provided “as is” and “as available” and without warranty of any kind, express or implied. grape.ag, inc. specifically disclaims any and all warranties and conditions of merchantability, non-infringement, and fitness for a particular purpose, and any warranties implied by any course of dealing, course of performance, or usage of trade. no advice or information (oral or written) obtained by you from grape.ag, inc. shall create any warranty.
Force Majeure
You agree that Grape.ag, Inc. shall not be liable for failures or delays in performance due to causes beyond its reasonable control, including war, strikes, lockouts, fire, flood, storm and other phenomena. We will use best efforts to minimize the effects of such failures or delays.
Limitation of Liability
To the fullest extent permitted by law, in no event will Grape.ag, Inc., its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special or exemplary damages of any kind, including but not limited to damages: (i) resulting from your access to, reliance on, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct or content of any third party on the Site or Application. In no event shall Grap.ag, Inc.’s liability for direct damages be in excess of (in the aggregate) on hundred U.S. dollars ($100).
Other situations
Our sensors are powered by batteries made by third party providers and we are not responsible for malfunction and in any situation we should be accountable or responsible for any incident. We do, however, replace those batteries in case they lose recharge capacity up to one time per year per device.
Payments and Cancellation
Grape.ag services are charged monthly or yearly in advance of the selected payment cycle. The customer may cancel the account at any time by sending an email to contact@grape.ag (English) or contacto@grape.ag (Spanish) requesting the termination of the services. The services will continue to be available until the end of the subscription period, in this case the current month or year. If the customer fails to provide successful payment, they will be notified via email. If payment is not successful two weeks after the due date, the service will no longer be available and users will have no access to their data. If payment is not received within two months after the payment due date the service will be terminated, and the customer information will be permanently deleted.
Third Party Website and Interaction
By accessing third party websites or applications through our Services, you are consenting to the terms of service and privacy policies of those websites. We do not accept any responsibility or liability for their policies. You should read the terms of service and privacy policies of such websites and make an informed decision whether or not to use these websites based upon their practices and your discretion.
Dispute Resolution and Governing Law
These Terms of Service (and all other rules, policies or guidelines incorporated by reference) are governed by and construed in accordance with the laws of the USA and Mexico. Without giving effect to any common law or statutory principles of conflicts of law. You expressly agree that any action arising out of or relating to your use of the Services shall be filed in a Court in the USA and Mexico and that you attorn to the jurisdiction of that Court.
Contacting Us
For any questions regarding these Terms of Service, you may contact us using the information below.
www.grape.ag
contact@grape.ag
Privacy Notice of Grape.ag
This Privacy Notice provides information on the processing of the personal data of the users of the Website and App (Users) by Grape.ag INC.
This Privacy Notice may be changed at any time. Users of the Website and Application are advised to regularly review the Privacy Notice for possible changes.
When is this Privacy Notice applicable?
This Privacy Notice is applicable to the processing of all personal data of Users through the platform (Grape.ag) and the Website of the Company. These parties are storing and processing your data:
Data controller
Data types
Grape.ag - Mobile App
Name, last name, role, email, telephone number, time zone, organization name, fields data, fields geolocation, fields polygons, sensors data, sensors location, gateway data, gateway location, notifications.
AWS - Cloud platform
Name, last name, role, email, telephone number, time zone, organization name, fields data, fields geolocation, fields polygons, sensor data, sensor location, gateway data, gateway location.
Grape.ag Marketing purposes
Google Analytics - Web and App improvements
ip address, pages view, session time, location, country, demographics like gender, age, browser platform, browser version, language.
Who owns the data?
The data is owned by the Customer and Grape.ag and will not be shared without your written permission. Grape.ag uses this data for analysis purposes only.
Who has access to your data?
The Company uses third parties for certain procedures, such as website hosting, University findings and e-mail notifications. These third parties have access to personal data in order to execute these procedures, the Company has taken the required organizational and contractual measures to ensure that your personal data is exclusively processed for the purposes mentioned above.
Only if the Company is required to do so by law, your personal data will be provided to supervisory agencies, fiscal authorities and investigative agencies.
What is your cookie policy?
The Website uses cookies. Cookies collect data on the use of the Website and send data on this pattern to the Company.
The Company does not retain a cookie longer than necessary. We use session cookies and permanent cookies:
A session cookie can track usage such as the web pages you visit and what options you use. When you close the internet browser, the session is ended and the cookie is deleted.
A permanent cookie enables the Website to recognize you at a subsequent visit.
The Company stores cookies that are essential in providing the functionalities of the Website. If you do not wish to receive any cookies at all, you may set your browser to refuse cookies altogether. Please note that in that case you may no longer be able to use all the functionalities of the Website.
Only if you have given prior consent, the Company places cookies that are not strictly necessary for providing the functionalities of the Website. Through such non-strictly necessary cookies we collect information about your use of the Website and remember your preferences, so that we can optimize your experience on the site. Examples of collected information are which pages are visited and the length of a user session. Through these cookies we aim to improve your user experience of our Website. If you do not consent to cookies being placed, these cookies will be blocked.
Only if you have given prior consent, the Company will use Google Analytics ‘cookies. If you do not consent to the placement of such cookies, these cookies will be blocked. Google Analytics is a web analysis service that is offered by Google Inc. (Google). Google Analytics uses cookies to analyze the usage of the Website by Users. Google uses aggregated statistical data to give the Company an insight in the way Users use the Website. Google may only provide these data to third parties if Google is required to do so by law, or to the extent of third parties processing these data on behalf of Google.
How do we secure the data?
Your personal data are treated strictly confidential and the Company has taken the appropriate technical and organizational security measures against loss or unlawful processing of this data. The Company uses several security techniques including secure servers, firewalls and encryption, as well as physical safeguard of the locations where data are stored.
These Terms of Service were last updated in September 2022.