Terms for Use

These terms and conditions (“Terms & Conditions”) govern the use of Services –

“Advick AgVenture Private Limited”.

1. Definition

Advick has created a web platform and mobile application via which it offers its clients the services (“Services”) that are more precisely described in the Deliverables section. Executed in accordance with these terms shall specify the Services that must be delivered to the Customer, the charge to be paid in consideration for the Services, and other conditions that apply to the supply of the Services.

Advick undertakes to deliver the Services pursuant to the terms and conditions set forth below. Customer is engaged in [•] and desires to utilize the Services for close to real-time monitoring and control of their agricultural endeavor.

Advick mobile application, a satellite-based agricultural Smartphone application, is mainly developed to help the users understand the farm health, dealing with the weather forecast. It is a simple application where the user plots his/her farm boundary and the requirements about the farm are provided through the same.

THEREFORE, the Parties hereby concur as follows in consideration of the mutual agreements, covenants, represent tations, and warranties set forth in this Agreement as well as for other good and useful consideration, the receipt and sufficiency of which is acknowledged by the Parties:

1.1 Deliverables for Users in Advick mobile application

Advick mobile app: Helps farmers to minimize the agri-input/farm operation costs along with increasing crop productivity by providing crop and location-wise actionable insights at a farm level to minimize the crop production risks.

Sr.	Product Name	Res. of Data	Frequency of Data	Useful for
1	Satellite-based crop health (NDVI)	10 m	5 days	Precision agriculture, crop health monitoring
2	Satellite-based soil moisture	20 m	12 days	Precision agriculture, irrigation water management
3	Satellite-based soil nutrients (N, P, K, SoC, pH)	10 m	Per season	Optimal nutrient requirement recommendation
4	Weather forecast for next 15 days	500 m	Daily	Planning of operations
5	Pest & disease forewarning		Weekly	To take preventive action
6	Image-based diagnosis and solution for pest & disease			Optimal solution recommendations

2. Eligibility

The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website/Application if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.

3. Terms of Use

The provision of Advick Services are governed by these terms of service (“Terms of Use”), which are a legally binding agreement between the Company and the user of the platform (“you,” “your,” or “user”). After completing the necessary registration in accordance with the process as established by us from time to time, the Services would be made available to those natural people who have consented to use the Platform.

3. Delay

Any demonstration delays caused by strikes, bandhs, customer payment delays, natural disasters, or other unforeseen circumstances for which ADVICK is not directly or indirectly at fault are not ADVICK’s responsibility.

ADVICK will be held exclusively liable for any claims or legal actions brought by the consumer as a result of satellite service issues with this crop.

As soon as the developer has seen and reproduced the error, it can be fixed. Without reproducibility, bugs may remain unfixed.

4. FORCE MAJEURE

Neither the Company nor the Website/Application shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

5. Use of Content

Except where otherwise noted, all logos, brands, marks, headings, labels, names, signatures, numerals, shapes, or any combination thereof, that appear on the Platform are either the property of the business and/or its associated entities that are featured on the Platform, or they are used with permission. Except as expressly permitted in these Terms of Utilize or on the Platform, it is completely forbidden to use these properties or any other content on the Platform.

Without the prior consent of the relevant organization or entity, you are not permitted to sell or change the content of this Platform or to reproduce, display, publicly perform, distribute, or use the materials in any other way for any public or commercial purpose.

4. Prohibited Conduct

4.1 Security Rules

Users are forbidden from violating or attempting to violate the Platform’s security, including, but not limited to, (1) accessing data not intended for such users or logging into a server or account that they are not authorized to access, (2) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, and (3) attempting to interfere with service to any user, host, or network. System or network security violations could lead to legal or criminal responsibility.

4.2 General Rules

Users are prohibited from using the Platform to transmit, distribute, store, or destroy any material that: (a) could constitute or encourage conduct that would be considered illegal or violate any applicable law or regulation; (b) will violate the copyright, trademark, trade secret, or other intellectual property rights of others; (c) will violate the privacy or publicity of others; or (d) is libelous, defamatory, pornographic, or otherwise objectionable.

5. Suspension of User Access & Activity

1. Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s membership, and/or refuse to provide User with access to the Website/Application, without being required to provide the User with notice or cause
2. If the User is in breach of any of these Terms or the Policy;
3. If the User has provided wrong, inaccurate, incomplete or incorrect information
4. If the User actions may cause any harm, damage or loss to the other users or to the Website/Application/Company, at the sole discretion of the Company.

6. Disclaimer of warranty and limitation of liability

1. The Advick app was developed by Advick AgVenture Pvt Ltd as a commercial app. Through the Platform, Advick offers this Service, which is meant to be used exactly as is. Except to the extent that such representations and warranties cannot be excluded by law, Advick, its holding, subsidiaries, affiliates, partners, and licensors make no representations or warranties, express or implied, in connection with these Terms of Use, Services, or any of the content on the Platform, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose.
2. The Platform, Advick AgVenture Pvt Ltd, its holding company, subsidiaries, affiliates, partners, and licensors are not responsible for any business interruptions, Platform access delays or interruptions, errors on the Platform that are not fixed by the Platform, non-delivery or loss of data, theft, misdelivery, corruption, destruction, or modification of data, loss, or damages resulting from or related to third-party dealings on the Platform.
3. Even if the Company has been informed of the possibility of such damages, Advick AgVenture Pvt Ltd, its holding, subsidiaries, affiliates, partners, and licensors shall in no event be liable in contract, tort (including negligence), or otherwise for indirect, special, punitive, incidental, consequential damages (including loss of profits) in connection with the Platform. In sum, the amount paid by the User to the Company, if any, that is linked to the cause of action shall in no circumstances exceed the Company’s total responsibility to the User for all damages, losses, or other causes of action.
4. ADVICK and their partners are not liable for any inferior growth, under-production, or casualties of plants or persons using solutions/products supplied. The Soil and other reports are unwarranted and not accredited. The reports are not to be reproduced wholly or in part and cannot be used as evidence in a court of LAW.
5. ADVICK and their partners are not liable for the loss/casualties of plants or persons due to force majeure events such as natural, political, and special events.
6. Soil report is generated on the date when the land was barren. The Figures are based on satellite images with a spatial resolution of 10m*10m. When compared to lab tests, there may be minor differences. The reports are not to be reproduced wholly or in part and cannot be used as evidence in the court of LAW.
7. NDVI images and other satellite imagery products derived from optical satellites including but not only restricted Sentinel 2, Landsat, RISAT and so on have an inherent lacuna to provide images under cloud cover. And hence solutions like NDVI. NDCI, NDTI and others might not strictly adhere to the temporal resolution as mentioned in the deliverable section.

7. Mode of payment

1. After the User has selected services he/she wishes to avail from the Website/Application, the User will be asked for their contact information, as well as payment-related information. You will be required to send money to us. To process such financial transactions, we may use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP’s terms and conditions, these Agreements shall prevail.
2. The following modes of payment are accepted on the Website/Application:
   1. Mobile Wallets
   2. Domestic and international credit cards issued by banks and institutions that are part of the Visa, Mastercard & Amex Card;
   3. Visa Debit cards;
   4. Net banking/Direct Debit payments from select banks in India
   5. Cheque payment.
   6. Payment aggregator & UPI Payments

8. Refunds and Return/Cancellation policy

Our focus is complete customer satisfaction. In the event, if you are displeased with the services provided, we will refund back the money, provided the reasons are genuine and proved after investigation. Please read the fine prints of each deal before buying it, it provides all the details about the services or the product you purchase.

CANCELLATION POLICY

• For Cancellations please contact us via contact us link within 7 working days.
• Requests received later than 3 business days prior to the end of the current service period will be treated as cancellation of services for the next service period.

REFUND POLICY

• In case any client is not completely satisfied with our products we can provide a refund.
• If paid by credit at, refunds will be issued to the original credit at provided at the time of purchase and in case of payment gateway name payments refund will be made to the same account within 14 working days.

9. Product Pricing

Advick- We have a dynamic pricing model.

10. Third Party and Listing Services

A third party may own, license to, or otherwise make available certain services, material, documents, and information through the Services (“Third Party Services”). The Services may also link to Third Party Services. Use of such Third Party Services is totally at your own risk and is the responsibility of the Third Party that developed or offered the services.

We expressly disclaim any warranties and responsibilities resulting from or related to Listing Services and Third-Party Services and make no guarantees. The respective third parties own all intellectual property rights in and to Listing Services and Third Party Services.

In no event will Advick AgVenture Pvt Ltd, its holding, subsidiaries, affiliates, partners, or licensors be liable in contract, tort (including negligence), or any other legal theory.

11. Governing law and disputes

Governing Laws: This Agreement shall be construed and governed in accordance with the laws of India. The courts in Ahmedabad shall have exclusive jurisdiction over all issues arising out of or in relation to these Terms of Use or Services.

Dispute Resolution: Arbitration under the Arbitration and Conciliation Act of 1996 will be used to settle any disagreements, conflicts, or controversies arising from these Terms (as amended from time to time). One arbitrator, chosen by the Company, will make up the panel. English will be used as the language of the arbitration. Except when necessary or when legal counsel is involved, the parties to the arbitration must keep the proceedings private unless otherwise required by law. The arbitrator’s ruling will be final and enforceable against all of the parties to this agreement.

Each party to the arbitration shall bear its own costs with respect to any dispute.

Notwithstanding anything contained herein, the Company may at any time apply for interim relief in a court of law.

12. Product Enhancements Process:

A customer-initiated product enhancement is – a change to or addition of – functionality other than what the system is currently designed to be used on or otherwise intended for.

1. Advick introduces new features/optimizations through scheduled sprint cycles.
2. A client may request (outside of the standard SaaS license already subscribed to on the as-is product) any new feature or additional use case coverage.

In case of such a request, the following process will apply:

1. The concerned Advick customer service contact must receive the request via electronic means.
2. To better understand the request, Advick can make a request for more information or interaction.

Advick then will:

1. Analyse the market and technical feasibility for their alignment with the Advick product roadmap.
2. If the enhancement request is found to be a fitment for Advick roadmap and principally applicable to all its users, with no additional cost the enhancement might be taken up. The feature design might not be specific to the customer request but may be general in nature allowing for a solutional approach to the request.
3. The timelines for the development of such a feature shall be communicated based on the product backlog.
4. Advick will retain all rights to its design and development of its enhanced intellectual property.
5. If the request is evaluated to be highly customized and specific to the client’s workflow, it might be taken up, albeit at an additional cost.
6. The intent to develop and the costs for the same shall be communicated and will need to be signed-off before commencing with the development of the feature. Advick will retain all rights to its design and development of its enhanced intellectual property.
7. If the request does not fit the Advick Roadmap for any reasons, technical or otherwise, Advick reserves the right to reject the request without any obligation.

13. Report Enhancement /Custom Request

Requests for changes to existing reports or new custom reports can be made to Advick.

1. Once a request for a new report or an enhancement to an existing report is requested by the client, a requirements document template shall be shared by the Advick to capture details which the customer shall revert within 3 working days.
2. The expected completion time as well as the related commercials will be communicated by the custom reports team via the customer service team after the client has submitted the requirements document. To create the customized report, Advick might need further details.
3. The request for reports might be fulfilled, however at an additional fee, if it is determined to be highly personalized and relevant to the client’s data. Before starting to create the feature, the intention to do so must be conveyed, and the associated expenditures must be approved..
4. Advick will continue to own all rights to the creation of its improved intellectual property, including its design. According to the product backlog, the timelines for the same shall also be communicated.
5. Advick retains the right to reject the request without incurring any obligations if it does not adhere to the Advick Roadmap for any technical or non-technical reasons.

14. Changes to these Terms of Use‍

Our Terms of Use and Privacy Policy may be updated occasionally. As a result, you are urged to periodically check this page for updates. Any time we make changes, we’ll let you know by posting the updated Terms of Use or Privacy Policy (as applicable) on this page. The Advick app will update with these updates as soon as they are published.

15. Miscellaneous

If any term or clause of these Terms of Use is declared to be invalid, void or unenforceable, the rest of the agreement will remain effective. Non-exercise or delay in exercise of rights under this Terms of Use or the applicable laws shall be construed as waiver of such rights. All notices under this Terms of Use shall be in writing and sent to Advick at its email address connect@advick.space. In addition to the reliefs and remedies available under the Terms of Use, Advick shall be entitled to any other equitable relief available under the law.

16. Contact Us

If you have any questions or suggestions about our Privacy Policy or Terms of Use, do not hesitate to contact us @ Advick AgVenture Pvt. Ltd., Block – C, 6/F, 602, Dev Auram, Anandnagar Cross Road, Prahlad Nagar Road, Vejalpur, Ahmedabad, Gujarat, India Pin – 380015.

Phone- +91 9737883333 Email- connect@advick.space

In case of any complaints or grievances with products listed on the Listing Service, you should reach out to the respective Third Party Service Provider through the Third Party Service Provider’s contact details provided on the listing page. You can also contact us at connect@advick.space and we will make reasonable efforts to resolve the issue between the Third Party Service Provider and you.

We encourage you to contact Us, In the event you have any questions or concerns regarding the terms of use, you may contact our grievance redressal officer as per the details provided below:

1. Name: Mr. Nitesh Tank
2. Designation: Managing Director
3. Email: nitesh@advick.space