Terms and conditions

Terms of use of the service offered

This document governs the terms and conditions (“Terms and Conditions”) of access and use by users (“Users”) of the service, as set out below, (“Service”) offered by Trace Technologies S.r.l., with registered office in via I. Silone 6, 64015, Nereto (TE), P.Iva IT02099920676 (“Trace Technologies” or “Supplier”), through its digital platform that can be used by Users through the web application (“Web App”) or the website that can be consulted at the address https://vignetosicuro.it// (“Site”) owned by Trace Technologies.

Terms and Conditions define the relationship between Trace Technologies and its Users and apply to any contract entered into by the Parties for the provision of the Services offered by the Supplier (“Agreement”) which constitutes the entire agreement between Trace Technologies and its Users and which is completed by registration via the Web App or Site and which applies to all purchases of Subscription Packages, as defined below, made through the WebApp or the Site.

You acknowledge that these Terms and Conditions of Use only stipulate the terms of the Agreement between Provider and User and do not refer to your relationship with any other provider of an app store or distribution platform from which you download the App (“App Store”).

The current version of the Terms and Conditions contains the only terms and conditions applicable to Trace Technologies’ relationship with you.

If any part of the Agreement cannot be enforced, this and shall not affect in any way the lawfulness, validity and effectiveness of the rest of the Terms and Conditions of Use.

If you fail to comply with the Terms and Conditions and Trace Technologies does not take immediate action, this does not mean that Trace Technologies has waived any rights and may still act in the future.

Trace Technologies may from time to time revise these Terms of Use, but the most up-to-date version will always be found at www.vigentosicuro.it

If you have any questions regarding these Terms of Use, please contact Trace Technologies at [email protected]

These Terms of Use were last amended on 10/03/2023

1. Definitions

Except for the terms elsewhere defined in the Contract, the following terms and expressions have the following meanings:

1.1.   For ‘Web Apps” means the web application known as “Vigneto Safe” that is made available by Trace Technologies through the web.

1.2.   For ‘Data” means all information that can be traced back to the User and to the use of the Service. This information includes Personal Data.

1.3.   For ‘Personal Data” means information that identifies or makes identifiable, directly or indirectly, a natural person and which can provide information on his characteristics, habits, lifestyle, personal relationships, health status, economic situation as indicated by Article 4 of Regulation (EU) 2016/679.

1.4.   For ‘Supplier” means Trace Technologies, owner and operator of www.vignetosicuro.it and the software Vigneto Safe, in whatever form it is offered (web app, mobile app or any other form). Within this document, the terms “Supplier” and “Trace Technologies” identify the same person.

1.5.   For ‘Service” means the remote access and use by the User of management programs made available and managed by the Supplier including information services, alerts, suggestions, reporting, communication that are offered using the data collected through the software and channels created with the partners of Trace Technologies.

1.6.   For ‘Software” means a series of tools developed by Trace Technologies to allow or facilitate activity recording, digital tracking, business management and commercial operations.

1.7.   For ‘User” means the person who will use the Service offered by Trace Technologies.

2. Description of the service

2.1.      As part of its business, Trace Technologies produces and offers to the market, through a cloud-based IT platform (“Platform”) solutions for the digitisation of farms and agricultural services.

2.2.      Trace Technologies, as the licensee of the Platform, will not charge any fees for accessing the Service unless in the event of activation of Packages for which you may charge a subscription fee.

2.3.      The Service allows you to process the information provided by the User in order to improve the management of his agricultural activity. All the information collected will be used in the interest of the User in order to provide useful tools for the management of their activities.

3. Registration process

3.1       Registration for the Service takes place through the Web App and provides for the acceptance of these Terms and Conditions.

3.2       To use the Trace Technologies Software and Service, the User must provide a set of data and information in order to be able to make the most of the resources offered by the Provider. You agree not to impersonate another person or entity, not to use fictitious names or provide incorrect information relating to your connection with persons or entities.

3.3       When registering, the User provides the Platform with some data through the forms on the Website or on the App, such as:

• Personal identification and personal data (e.g. name, surname, tax code)
• Contact information (e.g. e-mail address and telephone number)

3.4       When purchasing individual subscription packages, Trace Technologies will ask you to provide data for a valid payment method. By proceeding with the purchase, you authorise Trace Technologies to charge the purchase price related to the Package (thePurchase price“) by means of the payment method chosen by the user and confirms that the payment data provided are valid and correct. The User enters in the forms on the Platform the credit card data will be provided directly processed by a third party payment service provider in accordance with the applicable legislation.

3.5       When using the Secure Vineyard web application, certain additional information may be recorded (such as the unique system identifier used by the User or the connection IP address).

3.6       In order to use the Service, the User undertakes to:

• provide the information required during the registration process by ensuring that it is up-to-date, complete and truthful (“Registration Data”);
• promptly and constantly update the Registration Data so that it is always current, complete and truthful.

3.7       If the User provides false, inaccurate, not current or incomplete information, or if the Provider considers, on the basis of its discretionary assessment, that the information provided by the User is false, inaccurate, not current or incomplete, the latter shall still have the right to temporarily or permanently deactivate the User’s account in question and to prevent any subsequent use of the Service.

3.8       The User agrees and agrees that if the same provides false, inaccurate, not current or incomplete information or if the Supplier considers, on the basis of its discretionary assessment, that the information provided is false, inaccurate, not current or incomplete, the Supplier shall have the right to make the effectiveness of the Contract subject to the verification of such data, giving notice to the User by e-mail.

3.9       The User is solely responsible for updating his Data and information and acknowledges from now on that the Supplier cannot be held liable for any consequences arising from failure to update.

3.10        The User acknowledges that the credentials to access the Platform are personal and confidential, must keep them secret, do not share them with anyone and do not allow third parties to access the Platform and the Service with their credentials.

3.11        You acknowledge that sharing your credentials leads to a violation of the Terms and Conditions.

3.12        The User acknowledges that all costs arising from the use of the Service and the connection to the Platform remain at his/her sole responsibility.

4. Limits of service

4.1  The Supplier has the right to a final decision regarding the granting to the User of access to the services.

4.2  The Supplier reserves the right to refuse the request for services by Users, without having to provide explanations.

4.3  The Supplier reserves the right to restrict or revoke access to Vigneto Secureo and its services if it detects improper use by the User.

4.4  Without prejudice to the commitment to provide the Service with reasonable care and diligence and to the best of its possibilities, the activities of the Supplier are regulated in the following ways:  a) the Supplier does not guarantee that the Service may not be interrupted and/or modified due to ordinary maintenance or renewal of equipment or sudden failures of the Platform; B) the Supplier guarantees to use the best technologies known to it for all the security of the User’s data.

4.5  The Supplier and the User mutually acknowledge the fact that the above suspensions or disconnections are made necessary by the type of services provided by the Supplier and that, therefore, the same cannot be held in any way responsible for the temporary disabling of the services.

4.6  The User acknowledges that the Provider is in no way responsible for any inaccessibility or operation of the Service due to malfunctions of the Internet network and/or connection to it.

4.7  The User agrees that the entire risk arising from the decision to use the Service and any other services requested in connection with it, remains solely at your own expense, to the extent permitted by applicable law. Trace Technologies does its best to ensure that all elements of the Service that require an Internet connection are always available to you. However, due to the very nature of the Internet and technology, such features of the Service may not be available if there is a need to undertake scheduled or emergency maintenance on Trace Technologies systems.

5. Commitments by the user

5.1.   The User undertakes to use the Service and the Platform in accordance with the Terms and Conditions.

5.2.   The User is responsible for any damage resulting from and/or resulting from and/or reconnectable from his use to the Service and/or the Platform and will keep the Supplier harmless and indemnified if the latter suffers damage from the User’s use.

5.3.   The User warrants that the use of the Service and any material entered through the Service does not violate any Italian or European Community law. In particular, the User guarantees that such material does not violate or infringe any copyright, trademark, patent, or other legal or customary right of third parties.

5.4.   It is expressly forbidden to use the Service to contravene or cause direct or indirect contravention of the laws of the Italian State or any other State of the European Union, including materials, documentation or computer programs that may provide information or support to such violations. In the event of contravention of the above prohibitions, the Supplier shall suspend the Service, without being obliged to reimburse, even in part, the price of the same and without prejudice to any other action of redress on those responsible for such contraventions.

5.5.   The User is also responsible for the choice and use of any other type of program, machine or service that he will use to use the Service and the Platform, as well as for the regular updating of the operating systems interested in the optimal functioning of the programs themselves.

5.6.   The User declares and warrants to:

5.6.1. not attempt to circumvent, disable, compromise or interfere in any way with the security functions of the Service;

5.6.2. not modify, interfere, intercept, interrupt or “hack” the Service;

5.6.3. Do not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other materials that would harm the Service or any equipment used by Trace Technologies to provide the Service;

5.7.   It is the sole responsibility of the User to have adequate technical and operational preparation both with regard to the general use of the Service and the Platform, and with regard to the knowledge of the procedures to be performed with particular reference to the operating methods required by the programs themselves.

5.8.   The Service is for the exclusive use of the User and is not extendable and/or transferable to third parties whether natural and/or legal persons.

5.9.   The User may not sell, nor otherwise make the Service available, any part of the Service or content made available through the Service to others unless the Supplier’s written consent may transfer its rights and duties to third parties at its sole discretion.

5.10.      Failure to comply with this paragraph 5 constitutes a serious breach of the Contract and may result in the adoption of all or one of the following actions (with or without notice):

5.10.1.  immediate, temporary or permanent revocation of your right to use the Service;

5.10.2.  immediate, temporary or permanent removal of any User Content;

5.10.3.  sending a warning to the User;

5.10.4.  legal action against you, including claims for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) arising from the breach; or

5.10.5.  disclosure of such information to law enforcement agencies as reasonably deemed necessary by Trace Technologies.

5.11. The answers described in paragraph 5.10 are not exhaustive and Trace Technologies may take any other action deemed reasonably appropriate.

6. Limits of liability on the part of the supplier

6.1.   The User acknowledges and acknowledges that no liability can be imputed to the Supplier:

6.1.1. with regard to the suitability or adequacy of the Service and/or the Platform in relation to the achievement of specific objectives or results by the User;

6.1.2. in the case of economic, commercial, direct or indirect damages of any nature that the User may, or third parties, suffer, in relation to or dependence on the use of the Service and/or the Platform;

6.1.3. for direct or indirect damages of any nature that the User may, or third parties may, in any way suffer, in relation to or dependence on this Convention, including those arising from the use, or non-use, of the procedures and errors thereof;

6.1.4.in case of non-use of the Service and/or the Platform by the User himself.

6.2.   Without prejudice to the mandatory limits of the law and as agreed in paragraph 6.1 above, the User acknowledges that the maximum limit of liability of the Supplier for ascertained damages of any kind and for any reason consequent and in any case connected to the Service, consists of the reimbursement of the amount paid by the User equal to a quarter of the consideration of the annual fee, excluding the right to compensation for any greater damage.

6.3.   In any case, the Supplier may provide third parties with aggregated and anonymised information that does not identify the User. For more information on the processing of personal data by Trace Technologies, please refer to the Privacy Policy of the Supplier’s website

6.4.   The Supplier shall not be liable in any way for damages caused by third parties using the Service, including, but not limited to, persons committing infringements of intellectual property, defamation or any other action against the User.

6.5.   The Supplier shall not be held liable for the delay or non-performance of the Service resulting from causes beyond its reasonable control as caused by force majeure or other circumstances beyond the reasonable control of the party, including but not limited to fires, floods, earthquakes, natural disasters or other causes of force majeure, terrorist attacks, rebels, civil unrest, embargoes, government or similar actions, general strikes, lockdowns, embargos and orders of the public authority.

7. Use of the license

7.1.   The Supplier grants the User a limited, non-exclusive license to use the Secure Vineyard software, which excludes any ownership rights.

7.2.   The provision of services by the User to third parties using all or part of Vigneto Sicuro is prohibited, unless written consent from the Provider.

7.3.   The User is not authorised to sell or offer, in any form, all or part of the Supplier’s Service to anyone, unless written consent from the Supplier.

7.4.   Attempts to copy, in whole or in part, reverse engineering of any software, hardware or service of the Supplier, are strictly prohibited, unless written consent from the Supplier.

7.5.   The use of the Software and/or the Service of the Supplier implies the full responsibility of the User not to infringe any intellectual property of the Supplier.

7.6.   The User is expressly prohibited from accessing Secure Vineyard through a VPN or proxy server.

7.7.   The Service may offer communication channels that directly connect the User with operators in the agricultural sector. The Supplier is not responsible for the information that will circulate through those communication channels, which are managed by the different operators. The User is required to inquire about the terms of use and the privacy policy applied by third-party service providers.

7.8.   The Supplier cannot be held liable for damages or losses resulting from the use of content, products or the Service made available on or through third-party portals.

7.9.   The User may not carry out activities aimed at using the trademark Vigneto Safe, to prejudice or weaken the rights of the Trademark Provider and to claim rights to the trademark.

8. Contents

8.1.   When the User sends content through the Platform, he guarantees and assigns to the Supplier and its partners and representatives the possibility, until revoked in writing, of the use of the same for analysis, storage and creation of content related to the provision of the Service.

8.2.   The Supplier reserves the right to add, modify and delete any content to its products and services.

8.3.   The Supplier does not exercise any control over third-party sites or the contents of the services provided by it or the policies adopted by them in their provision. Access to such third-party sites or content is at your own risk and you should always read the terms of use and privacy policies of third parties before using it.

9. Rights of use and intellectual property

9.1.   All components, contents and design details related to the Service and the Platform are the property of the Supplier and/or the Group to which it belongs, and subject to intellectual property and trademark rights. The User agrees not to copy, reproduce, modify, prepare derivative works, distribute, grant, transfer, publicly display, publicly perform, transmit, stream, disseminate via ether or otherwise exploit the contents, information and materials contained on the Web App or related to the Service, or to decompile, reverse engineer or disassemble the contents, information and materials contained on the Web App or related to the Service or its systems or networks, except as permitted by applicable law and unless written consent from the Provider. The User agrees not to access the Service through an interface other than that provided or authorised by the Provider.

9.2.   You also agree not to link, duplicate or frame any portion of the content, information and materials on the Applications or related to the Services, use programs or scripts to extract, index, analyse, or otherwise derive data from any part of the content, information and materials shown on the Web App or related to the Service or excessively burden or impede the operation and/or functionality of any aspect of the Web App and/or the Service or its systems or networks.

9.3.   You are expressly prohibited from attempting to gain unauthorised access or compromise any aspect of the content, information and materials on the Web App or related to the Service or related Trace Technologies systems or networks.

9.4.   The use of the software is permitted only and only in compliance with the license rules of use issued by Trace Technologies.

9.5.   The Service can only be used by those who have reached the age of 18. The Supplier assumes no responsibility for the use of the Service by minors.

10. Payments and refunds

10.1.      The Supplier offers both free and paid subscriptions to its services. Paid services, offered by the Supplier or by third parties, can be purchased with advance payment only through the use of credit card or bank transfer. When you subscribe to an annual and/or monthly subscription, your credit card will be charged automatically each year and/or month, in advance, without further notice. The Supplier reserves the right to change the annual and/or monthly tariffs at any time, while ensuring the timely information of the User about the tariff changes. If the purchase has been signed through a separate contract, it will be governed by the details expressed in it.

10.2.    If you wish to terminate this Agreement, you must perform an appropriate interruption procedure by email. You can cancel your Package subscription within 14 days of your subscription (the “Unsubscribe Period”) by sending an email to [email protected]. If you cancel your purchase of the Packages during the Cancellation Period, Trace Technologies will immediately refund the Purchase Price to you no later than 14 days after you have notified you that you wish to cancel your purchase.

10.3.      For the payment conditions, reference is made to what has been agreed and written in the economic offer of the Contract.

10.4.      Delays in payments of more than 30 days may imply, at the discretion of the Supplier, the termination of the Contract which will communicate by registered letter with acknowledgment of receipt the intention to make use of the clause and the termination effect will occur as a result of the receipt of such communication.

10.5.      Please note that the simple non-use of the Secure Vineyard Web App on different mobile or desktop devices without canceling the subscription does not terminate the User’s subscription to the Packages.

11.     Updates

11.1.      Trace Technologies is constantly updating and improving the Service to try to find ways to provide users with new and innovative features and services. Improvements and updates are also made to reflect changes in technologies, behaviors, and how the Internet and the Service are used.

11.2.      To do so, you may need to update, reset, stop offering and/or support a certain part of the Service or a Service-related feature (“Changes to the Service”). These changes to the Service may affect your past activity in the Service, the features you use, and your Content (“Service Elements”). Any changes made to the Service may result in the deletion or reset of the elements of the User Service.

11.3.      You agree that a key feature of the Service is that changes to the Service will be made over time and this principle is one of the foundations on which your access to the Service is based. When you make a change to the Service, by continuing to use the Service, you automatically agree to this change. You are always free to stop using the Service.

12.   Duration, withdrawal, cancellation, suspension, termination

12.1.      The Terms and Conditions are valid for the entire duration of use of the Service and/or the Platform. The duration of the Service linked to the purchase of individual Packages is fixed in one (1) year and/or one (1) month with automatic renewal for another period equal to that expired unless cancellation to be communicated to the Supplier by sending an email to the following address [email protected]. In the event of automatic renewal, Trace Technologies will charge you the applicable Purchase Price for the next period of one year and/or month. Before expiry, Trace Technologies will inform you that your subscription to the Packages is about to be renewed. If you do not wish to renew your subscription, you must notify us at least 24 hours before the expiration date.

12.2.      The User authorises the Provider to charge his credit card for all charges corresponding to the renewed period.

12.3.      If you wish to terminate this Agreement, you must perform an appropriate interruption procedure by email. You may cancel your Package subscription within 14 days of your subscription (the “Unsubscribe Period”). If you cancel your purchase of the Packages during the Cancellation Period, Trace Technologies will immediately refund the Purchase Price to you no later than 14 days after you have notified you that you wish to cancel your purchase.

12.4.      The Supplier reserves the right to suspend and/or terminate the use of the Service and this without recognition of any compensation and/or compensation, if it becomes aware or determines, in its sole discretion, that the User has violated or is violating the requirements set out in this Agreement, giving notice to the User by e-mail.

12.5.      The Supplier reserves any claim and/or compensation or otherwise provided for by law on the person responsible for such violations including the right to terminate the Contract.

12.6.      In case of termination, except in any case the right of the Supplier to compensation for the damage, no refund will be due to the User.

12.7.      Termination for any reason of this Agreement will not result in the User’s obligation to provide for the payment of the consideration and any other sum due and not yet paid.

13.    Applicable law and jurisdiction

13.1.      All disputes that may arise between the Parties regarding the interpretation, execution and termination of this Agreement shall be the exclusive jurisdiction of the Court of Teramo.

13.2.      These Terms and Conditions are governed by Italian law.

13.3.      Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the User declares to have carefully read, understood and specifically approved the content of the following clauses: 4.Limits of the Service; 5. Commitments by the User; 6. Limits of liability on the part of the Supplier; 7. Use of the licence; 8. Content; 8. Right of use and intellectual property; 10. Payments and Refunds; 12. Duration, termination, cancellation, suspension, termination; 13. Applicable law and jurisdiction.