The Terms and Conditions define the rules for the operation and use of the WiseCrop system, produced by Wise Connect, S.A. (Wise Connect).
Wisecrop is an agricultural operating system consisting of a software component, which includes the Web Platform accessible at app.wisecrop.com and mobile applications for iOS and Android; and an optional hardware component, which includes but is not limited to dataloggers, sensors, and gateways.
This system provides the agricultural entrepreneur with meteorological, edaphoclimatic, or other information acquired from sensors, provided by weather forecasting services or others. It offers indications of the current risk of occurrence of diseases, pests, or climatic events harmful to production, bioclimatic indicators, issues alerts in case of danger to the farm, allows remote control of some electronic devices, as well as the recording of all activities related to the farm and subsequent operational and economic analysis.
If the client purchases the hardware component of the system, with the quantity of monitoring devices and controllers and types of sensors most convenient to them, data acquisition begins from the moment the system is installed on the farm.
All information generated by the system is accessible after creating an account on the Web Platform. With this registration, the client has access to the software component of the system and can add new users to their account, assigning to each the access permission levels they consider appropriate.
It is also possible, within the software, to access a Service Store from which services from Wise Connect or other providers can be purchased or subscribed to.
Data collected by the system is stored on Wise Connect’s servers and can be accessed at any time by users with the necessary permissions, except in cases where irregularities occur, some of which are described in the General Conditions of Use.
The use given to the information provided by Wisecrop is the sole responsibility of the client/user. Wise Connect is not liable for any damage resulting from the use, ignorance, misinterpretation, disregard, neglect, or rejection of the information generated by Wisecrop.
By using Wisecrop, the client/user knowingly accepts these Terms and Conditions of their own free will. The client/user is obliged to transmit the WiseCrop Terms and Conditions to all users granted access and is individually responsible for each user associated with their account.
Wise Connect reserves the right to change the Terms and Conditions whenever it deems necessary, without needing to notify users.
Last updated: March 5, 2021.
To clarify the definition of terms used, the following meanings are presented:
SYSTEM: The Wisecrop solution as a whole. It may include hardware and software, regardless of the characteristics of each of these components. It does not depend on the number of monitoring points, action points, types and number of sensors, or available functionalities.
SOFTWARE: Consists of the interface to access data and information through unique access credentials, whether via the Web Platform accessible by any browser, the mobile application for iOS, or the mobile application for Android.
HARDWARE: Physical components of the System, such as but not limited to dataloggers, sensors, gateways, and support structures.
SERVICE: All data collected and information generated by the System, including risk indicators, reports, alerts, and recommendations.
COMPANY: Wise Connect, S.A., responsible for providing the System.
USER: A natural person holding access credentials to the Wisecrop Software. By accessing and using Wisecrop, the User enters into a contract with Wise Connect, S.A. and accepts these Terms and Conditions governing that Contract.
CLIENT: Any legal or natural person with full legal capacity to enter into contracts according to Portuguese Law, who has created an account on Wisecrop and subscribed to one or more services, even if these have no associated monetary value. By creating an account on Wisecrop, they also create a User, thereby entering into a contract with Wise Connect, S.A. and accepting these Terms and Conditions governing that Contract.
By using the Software, you also agree to the following points:
(i) Not to transmit anything that is illegal, abusive, offensive, harmful to reputation, pornographic, indecent, profane, obscene, hateful, or racist;
(ii) To provide truthful and accurate content;
(iii) Not to violate any contract, rules, or policies governing the use of your mobile device, as indicated by your communications service provider and/or mobile device manufacturer;
(iv) Not to transmit any malicious or unsolicited software;
(v) Not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
(vi) Not to violate any network requirements, procedures, policies, or regulations associated with the Software;
(vii) Not to interfere with or disrupt the Software’s services;
(viii) Not to hack, spam, or phish against the Company, the Software, or other users;
(ix) To act within the limits of common decency when using our Software;
(x) Not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
(xi) Not to store personal data about other users;
(xii) Not to violate any laws or regulations, being solely responsible for such violations;
(xiii) Not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a warranty, or otherwise transfer any rights to the technology or software underlying our products or services;
(xiv) Not to cause or collaborate in the destruction, manipulation, removal, disabling, or obstruction of any part of our Website, including de-indexing or cache removal of any part of our site on third-party websites, such as by requesting its removal from a search engine;
(xv) Not to infringe our intellectual property rights unless expressly authorized by the Company for a specific use, declared by us in writing;
(xvi) Accessing the Software through a virtual private network (VPN) or proxy is expressly prohibited.
Violation of any of the above points entitles the Company, at its discretion, to suspend or even withdraw usage privileges, without prejudice to reserving the right to take legal action.
4. Specific Responsibility of the Client
It is the Client’s responsibility to:
a) Provide truthful, as complete and up-to-date data as possible;
b) Not to assign, transfer, or sell their contractual registration to third parties;
c) Ensure the confidentiality of the access credentials to their registration on app.wisecrop.com and be solely responsible for actions performed through their registration, with or without prior authorization;
d) Ensure that the use of the software and all their behaviors do not violate the current legal order, notably privacy and personal data protection legislation, or infringe protected legal provisions;
e) Fulfill all payment obligations guaranteeing access to the System;
f) Always timely inform the Company if there is any impossibility or event that may affect or prevent punctual compliance with the General Terms of Use set forth herein;
g) Always communicate any changes that may affect the General Terms of Use to the Company, such as changes in headquarters or residence;
h) Provide the necessary means and materials for the proper installation of the system, if applicable;
i) Ensure that the Hardware has an internet connection, either wired or by guaranteeing it is in an area with mobile network coverage;
j) Ensure, in cases where the System includes Hardware, a regular check of its condition, as well as abnormal situations that may prevent or affect its proper functioning;
k) Have a device with internet access to enjoy all the functionalities of the System.
It is further informed that violation of the General Terms of Use by the Client entitles the Company to compensation under civil law, with a minimum indemnity value of €250 (two hundred and fifty euros). Violation of any of the above points entitles the Company, at its discretion, to suspend or even cancel the Client’s registration, without prejudice to reserving the right to take legal action.
6. Access Conditions
The functionalities of the System subject to purchase and/or subscription can only be acquired/subscribed by a legal entity, whether individual or collective, with effective legal capacity to enter into onerous contracts, according to Portuguese Law. The Company directly authorizes access to the Software to Clients and Users, with Users invited by Clients to access their account requiring the Client’s authorization and permission configuration to access the Software. In this case, it is the Client’s responsibility to ensure that all Users they invite are aware of the Terms and Conditions set forth in this document. Each User may only have one registration; any subsequent registrations by the same User will be canceled. Upon registration, the User becomes the holder of access credentials (email and password), and this registration is personal and non-transferable. It is expressly forbidden to transmit access credentials to third parties, and the User is solely responsible for the actions carried out through their registration. The Company reserves the right, at any time, to cancel or delete the registration of any User who does not comply with these general conditions and/or acts detrimentally towards the Company and other Users.
Use of the platform is limited to the purposes and mode of operation previously defined and described in these Terms and Conditions, and any use of the platform by other means or for different purposes is expressly prohibited; the Company cannot be held responsible for any use of the System in violation of this section and reserves the right to cancel the account and take legal action against anyone who acts as such.
Any User or Client may request the cancellation of their registration at any time. However, this does not entitle them to a refund of amounts already spent on the System nor exempt them from payment of any remaining contracted amounts, if applicable.
The Client/User represents, declares, and guarantees that:
No material uploaded to the System contains defamatory, offensive, vexatious, pornographic, obscene, offensive, intimidating, racist content, incitement to illegal acts, or violates any third-party intellectual property rights;
Content submitted by Users is provided by adults, and if the User is a minor, all submitted material must be reviewed, authorized, and consented to by their legal representative;
The Client/User acknowledges and agrees that any element submitted on the platform may be used by the Company without prejudice to Copyright and Related Rights, Industrial Property, or Privacy and Data Protection laws, and no compensation or recognition is owed to them.
Following and subject to the limitations above, the Client/User grants the Company a worldwide, irrevocable, royalty-free, non-exclusive license, sublicensable or transferable, to use, reproduce, distribute, publicly perform, publicly display, transmit, and publish.
7. Data Collection, Processing, and Sharing Related to the Farm Operation
The accuracy of the data provided by the Client/User is their sole and total responsibility. The Company is not liable for erroneous indications from the System based on incorrect information entered by the User. The data collected is stored in the System’s database and may be processed and handled by the Company. Registered Clients/Users may update their data either through their account settings or by request to the Company. Meteorological data or other data acquired by the System installed at the Client’s farm, or automatically generated by Software processing algorithms, may be used by the Company at any time for any purpose, provided that confidentiality and anonymity are ensured.
The Company reserves the right to publish, transfer, or sell any data originating from the System without prior authorization from the User, provided this does not compromise trade secrets related to the farm or treatment methods or procedures where the System is installed.
8. Processing of Personal Data
To clarify the definitions used in this section, the following terms apply:
CONTRACT: The Wisecrop system usage contract entered between the Company and the Client;
APPLICABLE LEGISLATION: Any constitution, treaty, law, rule, regulation, ordinance, decree, directive, judgment, measure, or decision by any legislative, administrative, or judicial authority;
DATA CONTROLLER: As defined in Article 4(7) of the GDPR;
COVERED DATA: Data in any form or format, provided or uploaded by the Client or User, including confidential information under the Contract and Personal Data processed in connection with the Contract;
DATA BREACH: Loss or unauthorized use, processing, disclosure, alteration, destruction, or any action compromising data security;
DATA PROTECTION LEGISLATION: Any legislation related to privacy and data protection, including the EU General Data Protection Regulation (GDPR);
DATA SUBJECT: Any natural person whose personal data is collected or processed;
PERSONAL DATA: Any information relating to an identified or identifiable person, including but not limited to name, address, phone number, ID numbers, biometric data, location data, IP address, or any device identifiers;
PROCESSING: Any operation on data, such as collection, storage, use, disclosure, or deletion;
SERVICES: All services provided by the subcontractor on behalf of the Client under the Contract.
For the execution of the Contract, the Company accesses personal data of Clients and Users. This section complies with the legal obligation that data processing by subcontractors be regulated by contract or binding act.
Under the EU Regulation 2016/679 (GDPR), the Client acts as data controller and the Company as subcontractor.
Identification data of Users is collected through forms on the Web Platform. When registering, Clients and Users provide data necessary for access and identification. Additional data may be collected automatically or manually during service provision, including identification, professional, billing, connection, location, and biometric data.
Personal data is processed solely for purposes related to the services under the Contract.
The Company commits to strict confidentiality of personal data and limits its processing to the Contract’s purposes, except as otherwise stated.
The Client confirms they have informed data subjects legally of such processing.
The Company ensures adequate technical and organizational measures to protect data and comply with confidentiality and privacy regulations.
The Company’s employees and service providers with data access receive appropriate data protection training.
The Company assists the Client in responding to data subject requests under GDPR.
Any confidentiality breaches or data privacy violations are reported promptly to the Client.
The Company implements security measures to ensure confidentiality, integrity, availability, and resilience of data processing systems.
Only subcontractors with adequate data protection guarantees will be contracted.
The Company notifies the Client immediately if a data subject request is received directly.
The Company establishes procedures for data breach notifications.
The Client is responsible for deciding on notifying affected data subjects and authorities in case of a data breach, with prior approval of notification content.
The Company provides information and facilitates audits by the data controller.
The Company may disclose personal data to competent authorities when required by law.
Personal data remains available after Contract termination for Client consultation unless deletion is expressly requested.
The Client and all Users agree that the Company shall not be liable to any of them for any situation resulting from events including, but not limited to, acts of God, war, insurrection, riots, terrorism, crimes, work interruptions (including lawful and unlawful strikes), embargoes, postal service interruptions, communication outages, infrastructure failure or shortage, material shortages, or any other event beyond the Company’s control.
11. Other Provisions
These General Terms of Use may be modified with immediate effect without prior written opposition from the User. Use of the System depends on full acceptance of these terms; any total or partial non-acceptance will prevent the use of the System.
12. Communication Between the Parties
All considerations regarding these General Terms of Use must be made in writing. For the User or Client, correspondence should be sent to the company’s address at Rua Alfredo Allen nº 455, 4200-135 Porto, or to the email info@wisecrop.com. For the Company, correspondence should be sent to the address or email registered in the User’s or Client’s account. The same applies to judicial actions intended to enforce monetary obligations arising from the contract. All written communications are considered effective upon receipt of the letter or email, except if received outside business hours, in which case the first following business day is considered.
The Client agrees that the standard form of communication used by the Company is email. The Company may communicate with the Client and User, for example but not limited to, via email or by publishing information within the Software. The Client agrees that any communication sent electronically by the Company satisfies any legal requirement that such communication be made in writing.
13. Expenses
All judicial and extrajudicial expenses arising from the Client’s failure to meet their monetary obligations under the contract, as well as obligations stated in these General Terms of Use, shall be borne by the Client.
14. Governing Law and Jurisdiction
These General Terms of Use are governed by Portuguese law, and for all matters arising from them, the parties elect the jurisdiction of the Court of Porto.
15. Legal Information
Considering Decree-Law No. 197/2012, dated August 24, 2012, which amends the VAT Code, effective January 1, 2013:
a) It is mandatory to issue an invoice for every transfer of goods or service provision as defined in Articles 3 and 4, regardless of the status of the purchaser or recipient, even if they do not request it, as well as for payments made before the date of the goods transfer or service provision;
b) In invoices processed by computerized systems, all mandatory information, including the name, trade name or corporate name, and tax identification number of the purchaser, must be inserted by the respective invoicing software or equipment;
c) Indicating the identification and address of a purchaser or recipient who is not a taxable person is not mandatory in invoices under €1000, unless the purchaser or recipient requests such information on the invoice;
d) Indicating the tax identification number of a purchaser or recipient who is not a taxable person is always mandatory if requested by them. Further, if the User wishes their tax information to appear on the invoice, it must be entered in their registration details. It is also noted that no changes will be possible after the purchase of the service and issuance of the respective invoice.