Last update: dec 12, 2020
By clicking to accept the Agreement, the User acknowledges and agrees to comply with the provisions of the Agreement when accessing and using the Application.
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, the following definitions apply: “Application” means the Sencrop application developed by Sencrop and made available to the User via a third party app store and/or at the following URL: app.sencrop.com.
“Application Content” means the data and other content accessible through the Application, for example and without limitation text, reports, statistics, diagrams and charts, including the Third Party Content but excluding the User Content and the Feedback.
“Data Protection Legislation” means the General Data Protection Regulation EU 2016/679 and applicable national personal data protection laws and regulations, including without limitation the French loi n°78-17 relative à l’informatique, aux fichiers et aux libertés, as amended from time to time.
“Feedback” means any opinion or commentary regarding the Application and/or the Application Content provided by the User, through the Application either at its initiative or upon request from Sencrop.
“Force Majeure” shall have the meaning set out in Article 1218 of the French civil code.
“Hardware Data” means all data generated by the User’s Sencrop hardware.
“Identifiers” means the username and password created by the User to access the Application.
“IPRs” means all copyright, moral rights, database rights, trade mark rights, trade secrets and all related rights and neighboring rights and any other intellectual property rights of whatsoever nature throughout the world whether or not registered or capable of registration including all renewals and/or extensions thereof.
“Law” means any treaty, international convention, directive, regulation, law, decree, order, ordinance, sector-specific or inter-professional agreement or convention, or any other rule which is binding on the party to which it relates.
“Loss” means any demand, claim, action, proceeding, liability, damage, loss, penalties, fines or interest, cost, expenses and charges, including reasonable legal fees, actually and directly incurred by the relevant party.
“Third Party Application” means any application developed by a third party and made available to the User through the Application.
“Third Party Content” means any content including without limitation text, reports, data, statistics, diagrams and charts, provided by a third party and accessible to the User via the Application.
“Update” means any update, bug fixes, patches, modifications made to the Application to improve its performance.
“User Content” means any text, photographs, information and/or any other data that the User may input into the Application. For the avoidance of doubt, the User Content does not include the Feedback or the information provided by the User about himself/herself to populate his/her account.
1.2 The headings in this Agreement do not affect its interpretation.
1.3 Any words following the terms “including”, “include”, “in particular”, “for example” or any other similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or terms following those terms.
1.4 References in this Agreement to any statute or statutory provision shall refer to any statute or statutory provision in force at the date of this Agreement.
2.1 Sencrop is a company (société par actions simplifiée) incorporated under the laws of France with a share capital of 20 438.48 € whose registered office is at 165 Avenue de Bretagne, 59160 Lille-Lomme and registered with the RCS of Lille Metropole under number 817 791 288. Sencrop can be reached at this number: +33 972 606 439.
2.2 The publishing director of the Application is Michaël Bruniaux.
2.3 The hosting service provider of the Application is Amazon Web Services EMEA SARL (“AWS Europe”) which registered office is at 38 avenue John F. Kennedy, L-1855 Luxembourg.
3. PURPOSE OF THIS AGREEMENT
3.1 This Agreement is concluded between Sencrop and the User.
3.2 When using the Application, the User may have access to four different types of data as part of the Application Content:
- Hardware Data ;
- data emanating from the Sencrop hardware belonging to other Users ;
- third party data emanating from third party hardware ;
- other Third Party Content (e.g. national meteorological services).
This Agreement governs the User’s access to and use of this Application Content, and the Application.
3.3 When accessing to and using the Application, the User agrees to comply with this Agreement.
3.4 The User acknowledges that his/her access to and use of the Application and of the Application Content is made solely in the context of his/her professional activity and that therefore, for the purposes of this Agreement, he/she is considered as a professional, as this notion is construed by applicable Laws.
4. ACCESS TO THE APPLICATION
4.1 The User creates its own Identifiers to access the Application. The User shall keep any Identifier confidential and shall not share this information, intentionally or otherwise, with any third party. The User shall be liable for any access to and use of his/her account by a third party which is due to the disclosure of the Identifiers in breach of this clause.
4.2 The User must provide certain information about himself/herself to populate his/her account. The User acknowledges and agrees to provide accurate information and will ensure that this information remains accurate. Sencrop shall not be liable for any adverse impact on the access to, or use of the Application due to a breach of such clause.
5. USE OF THE APPLICATION, THE APPLICATION CONTENT AND IPRS
5.1 Sencrop hereby grants to the User a worldwide, revocable, non-transferable, non-sub-licensable, non-exclusive license to access and use the Application and the Application Content solely for its own internal business purposes. Except as expressly authorized in the Application, no distribution, sale, commercial use or disclosure to any third party of any element of the Application Content is authorized by this license.
5.2 This Agreement does not provide for any transfer or assignment of either party’s IPRs to the other party.
5.3 The User is not entitled to grant any sub-license, in whole or in part, of any of the rights granted by Sencrop under this Agreement, without Sencrop’s prior written consent.
5.4 If the User becomes aware of any misuse or infringement of any Sencrop’s IPRs, including Sencrop’s rights in the Application Content, the User shall promptly notify Sencrop and fully cooperate with Sencrop to remedy the issue as soon as reasonably practicable.
5.5 If the User becomes aware of any security breach, of the presence of any malicious software or virus on the Application which may compromise the security and integrity of the Application Content or otherwise adversely affect Sencrop, the User shall promptly notify Sencrop and fully cooperate with Sencrop to remedy the issue as soon as reasonably practicable.
5.6 Sencrop may suspend the User’s access to the Application without being in breach of its obligations until the issue, as set forth in Clauses 5.4 and 5.5, is resolved. Sencrop may also suspend or terminate the User’s access to the Application, at its discretion and without prior notice, without being in breach of its obligations, if the User has committed a breach of this Agreement.
6. USER CONTENT
The User may input User Content in the Application. The User hereby grants to Sencrop, a royalty-free worldwide, irrevocable, transferable, sub-licensable, non-exclusive, license to use the User Content, including the right to represent, to reproduce, to disclose to the public and to commercially exploit such User Content, for any purpose and for the duration of the applicable legal protection.
7. USER FEEDBACK
The User may be asked by Sencrop to provide Feedback. The User expressly agrees that Sencrop will own all rights to this Feedback, including the right to represent, to reproduce, to disclose to the public and to commercially exploit such Feedback, including without limitation for product development, product improvement as well as for marketing purposes.
8.1 The User acknowledges and agrees that Sencrop is the sole party entitled to make any Updates to the Application. Such Updates may be required to continue to use of the Application.
8.2 The Updates made by Sencrop may suspend the User’s access to the Application. Such suspension will not result in Sencrop being in breach of its obligations vis à vis the User.
9. THIRD PARTY APPLICATIONS
9.1 The User may ask Sencrop to be connected with a Third Party Application. The license provided by Sencrop pursuant to this Agreement does not cover the use of any Third Party Application, which may require the User to enter into a specific license with the corresponding third party.
9.2 The User acknowledges and agrees that the Third Party Applications, when accessed through the Application, shall be used solely for its own internal business purposes, in accordance with Clause 5 of this Agreement. In addition, the User agrees that it shall not compile, decompile, disassemble, translate, analyse, reverse engineer or attempt to reverse engineer the Application or the Application Content, for any purpose, except as explicitly permitted by the terms of this Agreement and/or to the extent permitted by Law.
9.3 If the User becomes aware of any misuse, re-use of his data for other purposes than User’s own internal business purposes, notably by a Third Party Application, the User shall promptly notify Sencrop and fully cooperate with Sencrop to remedy the issue as soon as reasonably practicable.
9.4 Sencrop does not provide any warranties or representations regarding the use of such Third Party Application or its content, by the User, and any such use is at User’s own risk. Sencrop shall therefore not be liable for any error in or unavailability of the Third Party Application or its content, nor for any Loss resulting from the use of such Third Party Application and/or its content.
10. WARRANTIES AND LIABILITY
10.1 Each party warrants that it has the full power and authority to enter into this Agreement.
10.2 Sencrop and the User agree that except as expressly set out in this Agreement all warranties, conditions, representations, terms or undertakings, express or implied, statutory or otherwise, are excluded.
10.3 The User shall be responsible for (i) obtaining the appropriate Internet connection to allow access to and use of the Application and the Application Content, (ii) obtaining and maintaining all terminals, telephone, computer hardware and other equipment needed for access to and use of the Application, and (iii) paying all charges related thereto. Sencrop does not provide any warranties or representations regarding the availability of the Application and/or the Application Content, nor the absence of interruption or breakdown of the Application and/or the Application Content, nor the absence of any virus or malware and their consequences. The User agrees that Sencrop shall not have any liability for any interruption or unavailability of the Application and/or the Application Content.
10.4 In addition, the User acknowledges that the Application and the Application Content are only tools to assist the User in the context of its professional activities. The Application and the Application Content shall not and cannot replace the assessment on the decision-making processes of the User, who remains responsible for all decisions made in the conduct of his/her business. The User acknowledges that it is fully competent to assess and manage the risks inherent to the use of the Application and the Application Content. Sencrop does not provide any warranties or representations regarding the accuracy or completeness of the Application Content. The User agrees that Sencrop shall not have any liability for any errors or omissions in the Application Content nor for any Loss resulting from the interpretation, use or exploitation of the Application Content or as a result of decisions that are taken by the User on the basis of the Application Content.
10.5 In addition, Sencrop shall have no liability to the User to the extent such liability arises as a result of a breach of this Agreement by the User.
10.6 The aggregate liability of Sencrop for any breach of this Agreement shall be limited to direct damages (as construed pursuant to Articles 1231-2 to 1231-4 of the French Civil Code) which in no event shall exceed 10 000 euros.
10.7 The User shall fully indemnify Sencrop against any Loss incurred by Sencrop as a result of any breach of this Agreement.
11. DATA PROTECTION
11.1 The User will comply with applicable Data Protection Legislation when accessing and using the Application. Sencrop will assume no liability or responsibility for any Loss resulting from the breach of such legislation.
12. FORCE MAJEURE
Neither party shall be liable for any failure to perform its obligations under this Agreement if such performance is hindered or prevented by a Force Majeure event.
13. MODIFICATION OF THE AGREEMENT
Sencrop reserves the right to adapt or modify the Agreement at any time. In the event of any modification, the User will be asked to accept such new terms when accessing the Application.
14. DISPUTES AND GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of France and the parties submit their disputes to the exclusive jurisdiction of the Lille courts.
15.1 This Agreement is provided in English and is available in French at the following link: https://sencrop.com/fr/cgu. In case of conflict between the English and French versions, the English language version shall take precedence.
15.2 No failure or delay by either party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall any single or partial exercise by either party of any right, power or privilege, preclude any further exercise thereof or the exercise of any other right, power or privilege.
15.3 If any provisions of this Agreement shall be held illegal or unenforceable by a court of competent jurisdiction then such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect.
Find also our Terms of Sales : https://sencrop.com/eu/tos/