SIMA SOFTWARE ("SIMA") a software for the digital register, analysis and report of agricultural data, provides its “Users” (as defined below) with a license for the use of the software, solely under the terms and conditions detailed herein.
The rights granted according to these Terms and Conditions include software actualizations that may substitute/complement Software SIMA’s original product, unless such actualization contains a license of its own.
This agreement is legally binding and governs our Site and Service. By accessing to or using any part of our Site or Service, User accepts to be governed by these Terms and Conditions.
Users must be over 18 years old. If you are under 18 years old please stop using our Site and Service immediately and do not send us any information.
"Service" means the services we provide through the Site;
"Site" means our website, www.sima.ag and its sub-domains.
"SIMA SOFTWARE" refers to following subsidiaries:
- SIMA SOFTWARE S.A. Constituted under laws of Argentine Republic, CUIT 30715026976, with address at Padre Doglia 105 Floor 3 Office A, Chacabuco - Buenos Aires.
- ZAVRIAN S.A. Constituted under laws of Oriental Republic of Uruguay, RUT No. 218629410017, with address at ROSTAND 1567, Montevideo.
- SIMA SOFTWARE E TECNOLOGIA LTDA Constituted under laws of Federative Republic of Brazil, CNPJ 37.334.931/0001-36, with address at Rua Barão do Rio Branco 763, Curitiba - Paraná.
"User" means you, the ones that use our Services and the visitors of our Site in general.
"Software SIMA" System that consists of both a mobile application for the offline agricultural data register and a web platform for the information analysis, report generation and general configurations.
"License" Contract established between SIMA SOFTWARE S.A. and the SIMA Software user that provides the user with the permission to use it under the terms and conditions that are detailed in this document.
"Plots" productive management units, identified within the software as "Plots".
3. Scope of the License. Allowed uses and restrictions of the License.
This license does not allow Software SIMA to be available through a network where it could be used by several devises at the same time. User can make a copy of Software SIMA in a devise readable format only for a backup copy as long as it contains all the information concerning author’s rights and copyrights or any other data related to property included in the original. Except as expressly stated in this License or by the current law, User cannot copy, decompile, invert or disassemble Software SIMA, nor can modify or create any work derived of or based on Software SIMA or on any of its parts.
3.1 Transmission. User cannot rent, copy, cede, sublicense, sell, give in lease or guarantee, reproduce, donate, alienate, lend or distribute in any way, totally or partially transfer, under any way, for free or through payment, temporary or permanently, Software SIMA.
3.2 Actualizations. In the case that Software SIMA actualization totally replaces (full installation) licensed Software SIMA previous version, User will not be able to use both versions at the same time or transfer them separately.
3.3 SIMA reserves all rights not expressly granted to Users. Rights granted herein are only those of SIMA’s intellectual property and its licenses over Software SIMA and do not include any other patent or intellectual property rights. Even though User acquires the property of the medium over which SIMA is recorded, SIMA retains Software SIMA ownership.
3.4 NFR copies (not for resale): without prejudice to provisions stated in this License, Software SIMA labeled or delivered as a promotional product can only be used for demonstration, testing and evaluation purposes and sale and transmission of it are forbidden.
3.5 User does not acquire, not even by accepting these Terms and Conditions or using Software SIMA, any intellectual property right or any other exclusive right, including patents, drawings, brands, author’s right or any other right related to confidential information or business secrets, as well as all the contents available in the Site, including but not limited to texts, graphics, images, logo, icons, pictures, editorial content, notifications, software and any other material related to Software SIMA. User acquires no rights to anything related to Software SIMA or any of its components, apart from the expressly licensed rights granted to User.
3.6. Shared contents. For content that is covered by intellectual property rights, like photos and videos (“IP Content”) User specifically grants SIMA a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that he/she loads on SIMA or in connection with SIMA (IP license)
4. Free, express and informed consent to access to confidential information and to data use.
User agrees that SIMA may collect and use technical and related information, including but not limited to, technical information about your devise, system software, applications and peripherals collected periodically to facilitate the provision of software updates, product technical support, and other services (if any) related to Software SIMA. SIMA commits to use this information solely and exclusively for product improvements or to provide User with other services and technologies as long as this information does not personally identify the User.
User acknowledges and consents that SIMA, the technical information and any other related information may be used by SIMA to make aggregated-information analysis without revealing User’s personal information and that resulting information, once analyzed, can be sold and/or transferred and/or circulated by SIMA to third parties.
User agrees to receive notifications in his/her email account sent by SIMA with the purpose of informing about novelties, changes, updates, comments, advertisement and promotions.
6. Use restrictions.
All contents within Software SIMA belong to it, or in the case, to third parties, and they are governed by the intellectual property laws. Information contained in Software SIMA is for the exclusive use of the User and it cannot be reproduced nor can be transferred to third parties neither for free nor through payment, by any existing or future means. By downloading Software SIMA, User agrees not to sell, publish, distribute, retransfer, facilitate access to Software SIMA to any third party. User is not allowed to copy, modify, reproduced, present, transmit in total or in part Software SIMA and its contents with or without commercial purposes. User is not allowed to export Software in total or in part. User is not allowed to use robots, spiders or any other kind of software or automatic devise or any manual process to control or copy Software SIMA or any of its contents. The use of Software SIMA and its contents in violation of these Terms and Conditions grants SIMA the right to cancel the registration of the offender User or Users and claim for the corresponding damages.
User registration is mandatory for access to Software SIMA. By registration, User agrees to give true and complete information. User will be liable for the veracity of the data submitted and SIMA reserves the right to exclude of the registered services any User who has submitted false data, without detriment to other actions that come in Right. Not registered third parties are not allowed to use Software SIMA. Registered User is responsible for prevention and precautions for non-authorized uses.
SIMA is able to reject any registration request at will and without notice. Besides, SIMA has the right to cancel any registration to any of its services at any time without notice, due to non-compliance of this License.
USER may, at any time from his/her registration and until the subscription end, export his/her complete database from the website https://www.sima.ag by accessing the section https://www.sima.ag/admin/import_export.
8. Payment conditions.
Software SIMA is free to download and its use is restricted to a max. of 10 (ten) productive management units (“PLOTS”) and 1 (one) User per License. If more PLOTS and/or users are required, User shall contact SIMA administrators by filling the contact form in the website: www.sima.ag, where he/she will be informed about the costs of the plots limit extension and payment options. By requiring Software SIMA paid version, User agrees to provide a valid payment method.
9. License expiration.
License shall be valid for a year. Rights granted by this License will become void automatically without any notification from SIMA, in the event User violates any of the terms in this License. After License expiration, User shall ceaseusing Software SIMA and destroy all the copies, total or partial, of such software.
10. Data security.
SIMA shall maintain commercially reasonable administrative, physical and technical security norms to protect User’s data safety, confidentiality and integrity. In the unlikely event of data violation, SIMA will take all the necessary legal measures and notify all the people that can be affected by this event. SIMA will not share farmer’s data with third parties without previous user’s consent, except in cases where law can strictly implement them.
11. Data recovery.
SIMA will keep all User’s data for at least thirty (30) days after User’s subscription expiration or after the end of the service contract. SIMA can keep User’s data for a max. to 6 (six) years after expiration. Any User’s personal data uploaded to SIMA by the User are registered and kept in SIMA’s database and, when required to SIMA’s Customer Support, SIMA will make commercially reasonable efforts for such data to be available to the User in the original, equivalent or stored format.
12. Data transfer.
In the event of transfer, cession or merger of SIMA, or most of its assets, in the event it files for bankruptcy, or if, for any reason, it undertakes an ownership change of any kind, or any other possible business combination, User’s information will be transferred to this third party. User accepts that these transfers may happen and that any SIMA buyer can continue using User’s data complying with the terms stablished in these Terms and Conditions.
13. Applicable law.
These Terms and Conditions shall be governed by the law in force in Argentina and are submitted to the competence and jurisdiction of the Ordinary Courts of Justice of the Autonomous City of Buenos Aires.
14. Exclusion of guarantees.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF SOFTWARE SIMA IS AT YOUR SOLE RISK AND YOU ASSUME ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. SOFTWARE SIMA IS DELIVERED “AS PRESENTED,” WITH ALL ITS POSSIBLE DEFECTS AND WITH NO GUARANTEES, AND SIMA DISCLAIMS ALL EXPRESSED, IMPLICIT OR LEGAL GUARANTEES AND/OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ALL IMPLICIT GUARANTEES AND /OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF ENJOYMENT AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, EACH OF THEM RELATED TO SOFTWARE SIMA. SIMA warrants the software will perform substantially in accordance to its specifications, as stablished in the Terms and Conditions. In addition, SIMA offers the software with reasonable diligence from the commercial point of view, for what expects no significant problems. Notwithstanding, SIMA cannot offer an absolute guarantee on the software. More precisely, SIMA CANNOT offer specific guarantees on the software other than the ones expressly stablished in these Terms and Conditions. SIMA warrants the software effectiveness https://www.sima.ag/. SIMA does not assume liability or provide any kind of guarantee regarding absence of errors, interruptions, fails, hardware compatibility problems of the software or any other kind of defects that may have not been contemplated herein.
15. Liability limits.
SIMA WILL NOT BE LIABLE IN ANY CASE, WITHIN LEGAL LIMITS, FOR PERSONAL DAMAGE OR PROFIT LOSS, OR FOR EMERGING DAMAGE OR ESPECIAL DAMAGES, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR BENEFITS OR DATA LOSS, BUSINESS INTERRUPTION OR ANY OTHER KIND OF DAMAGE OR COMMERCIAL LOSS RESULTING OR RELATED TO USE OR WRONG USE OF SOFTWARE SIMA IN ANY EVENT AND INDEPENDENTLY OF THE THEORY OF CIVIL LIABILITY (BREACH OF CONTRACT, ILLEGAL ACT AND OTHERS) EVEN IF SIMA HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES DO NOT ALLOW LIABILITY LIMITS FOR PERSONAL DAMAGES, PROFIT LOSS OR EMERGING DAMAGE, DIRECT OR INDIRECT, SO THIS LIMITATION MAY NOT APPLY TO YOU. The above- mentioned limitations will be in force even if the reparation in question fails to meet the essential objective.
16. Integrated contract.
This License constitutes the complete agreement between parties regarding the use of Software SIMA, license of which is granted in this document and it substitutes all previous and present agreements related to the objective. This License shall only be modified through a written agreement informed by SIMA.
Our website may gather personal information for example: Name, contact information (email account, demographic information, etc.) that the user enters or provides to us in another way.
When needed, the specific information may be required to process any order or to make a delivery or do billing.
Our website uses the information to provide the best possible service, specially to keep a register of users, orders in case they are applied, and to improve our products and services.
SIMA is committed to keep your information safe. We use the most advanced systems and we constantly update them in order to be sure there is no non-authorized access.
Your Personal Information is protected in accordance with the provisions of the Law 25.326 of Personal Data Protection (with its modifications) and regulations (Law 25.326) and it will be stored in a database registered under the ownership of SIMA, a society incorporated under Argentine laws, located at Padre Doglia 105, piso 3, oficina A, Chacabuco, Buenos Aires, Argentina in accordance to the provisions of the Law 25.326. We take reasonable steps to guarantee your information is appropriate, pertinent and not excessive in accordance with the purpose it is used for. As granted by Law 25326, User may exercise right of access, rectification and suppression of Personal Data in our database. You guarantee and will be liable for, in any case, the truthfulness, exactness, validity and legitimacy of the provided Personal Data and you are committed to keep it duly updated. Check Profile/User to have access to your contact information and to update it in the website.
A cookie means a file that is sent with the purpose of asking for the permission to be stored at your computer. By accepting, this file is created and the cookie then serves to get information about web traffic and also to facilitate future visits to a recurrent web. Also, cookies enable recognition of the User individually and this means a better personalized web service for the User.
User can eliminate cookies at any time from his/her computer. The option “Help” on the toolbar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have a notification from your browser when you receive a new cookie, or how to disable most of the cookies. Consider the fact that if you refuse to accept cookies, you may not be able to use many of the tools our site provides.
Links to third parties.
This website may contain links to other websites that may be of the interest of the User. In case User accesses them, he/she leaves our website and from then on SIMA has no control over the site/s to which the User is redirected to and so SIMA is not responsible for the terms and privacy or data protection in those third sites.
SIMA may send emails to its Users frequently through our site with special offers, new products and any other advertising information we consider relevant for you or that may bring you any benefit. These emails will be sent to the address you provide and can be canceled at any time.
Every time you are asked to fill a form, as the registration form, you can select or deselect the option of receiving information via email. In case you have selected the option of receiving our newsletter or advertising you can cancel it at any time.
Use of your information.
SIMA uses the information we collect about you with the following general purposes: for registration and to administrate your account, including access to and use of our Website and our Applications; to maintain communications with you, including sharing information about SIMA; to be able to publish your opinions and other contents; to measure the interest in our new products, services, Website, Applications and improve them; to notify you about available products and services we and our partners have to offer you, in which you may be interested; to request information; to solve disputes or problems; to avoid potentially forbidden or illegal activities; to enforce compliance with our Terms and Conditions.
You accept that SIMA may share your Personal Data with the following entities: (a) Suppliers; (b) Third party suppliers that provide services or functions on our behalf; (c) Commercial partners; (d) for purposes of complying with notifications, requirements, court or governmental processes we perceive as legal and enforceable.
You can close your User account in the Website in any time following instructions of following link . We will send you an email to confirm your request. If you choose to close your user account, we will disable your account and we will remove your profile information from the active view. Note that after closing your account, you will not be able to login or access to your personal information. However, you can open a new account in any time. Also note that we may keep some information related to your account and to past operations in our files, to make security copies, to prevent from frauds, to resolve disputes, for investigations and to comply with legal requirements, and even for analytical purposes, as well as to preserve the integrity of these registers. Our obligation of confidentiality will continue even if you close your account.
Regarding the use of your information, you can choose not to provide us with any information, update your information or close your user account.
For more information about these Privacy Policies, please contact us via email to a firstname.lastname@example.org or write to us to Padre Doglia 105, piso 3, oficina A, Chacabuco, Buenos Aires, Argentina.
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