2. INFORMATION WE MAY COLLECT FROM YOU
2.1 We may collect, use, store, transfer and process the following Information about you:
(a) name and email address (including hashed email addresses);
(b) screen name, handle, account ID, assigned user ID, customer number, or other user- or account-level ID;
(c) Information that you provide at the time of registering to use our Site and other core registrations (e.g. social media logins), subscribing to our Services, posting material or requesting further services;
(d) Information you provide when you complete surveys or polls or provide, reviews, testimonials or feedback;
(e) Information you provide us, or that we may collect from you, when you report a problem with our Site;
(f) a record of correspondence if you contact us;
(g) general, aggregated, demographic and non-personal Information;
(h) if you download or use our App, we may have access to details about your location and your mobile device, including a unique identifier for your device;
(i) details about your computer, including (where available) your IP address, operating system and browser plug-in types, operating system and platform as well as information about your general internet usage (e.g. by using technology that stores information on or gains access to your device, such as cookies, tracking pixels, web beacons etc. (together, “Cookies”));
(j) an audio recording that is collected through the App; and
(k) any other Information we consider necessary to enhance your experience on the Site (including diagnostic and performance data).
3. OUR USE OF YOUR INFORMATION
3.1 We may use Information held about you in the following ways:
(a) to provide you with the Services;
(b) to provide you with information, products or services that you request from us or which we feel may interest you;
(c) to provide you with location-based services, search results and other personalised content;
(d) to carry out our obligations arising from any contracts entered into between you and another entity using our Site or between you and us;
(e) to create data for statistical analysis in order to improve our Services and for internal or commercial purposes;
(f) to improve our Services and to deliver a better and more personalised service;
(g) to ensure that content from our Site is presented in the most effective manner for you and the device you use to access our Site;
(h) to comply with a legal obligation;
(i) to notify you about changes to our Services;
(j) to monitor your use of the Services; and
(k) for any other reason which we deem necessary to enhance your experience of the Site.
4. DISCLOSURE OF YOUR INFORMATION
(a) Affiliated and Partner Businesses: To offer you our Services, we may engage with affiliated or other businesses that we may or may not control (e.g. logistics businesses used to deliver products to you, marketing companies, payments processers to process online transactions etc.). We will inform you when an affiliated or partner business is involved in your transactions and when we will need to share your Information related to those transactions with them.
You understand that it is important that such affiliated and partner businesses have access to the relevant Information to perform their functions. We will ensure that these affiliated and partner businesses do not use your Information for other purposes. We may also receive Information from these affiliated and partner businesses (e.g. updated delivery and address information), which we may use (e.g. to correct our records and deliver your next purchase).
(b) Business Transfers: In the event that we or substantially all of our assets are acquired, customer information will be one of the transferred assets.
(d) With Your Consent: Other than as set out above, you will receive notice when information about you might be sent to third parties, and you will have an opportunity to choose not to share the information.
4.2 Note that our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data or other information to these websites.
5. STORAGE OF YOUR INFORMATION
The Information that we collect from you may be transferred to, and stored at, a destination outside of the UAE. It may also be processed by staff operating outside the UAE who work for us or an affiliated or partner business. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services.
6.2 We may, for example, use encryption technology to secure your Information during transmission to our Site as well as external firewall and on-host firewall technology to prevent network level attacks.
6.3 It is important for you to protect against unauthorised access to your password and to your devices used to access our Services. You are responsible for keeping your password confidential. For example, ensure that you sign off when you have finished using a shared device.
6.4 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Information, we cannot guarantee the security of your Information transmitted to our Site; any transmission is at your own risk.
7. AMENDING YOUR INFORMATION
7.1 Our system will place cookies when you log on to our Site and this is to ensure you have an enjoyable user experience and are able to utilise all aspects of the Site. You may disable Cookies by changing the settings on your browser. If you disable Cookies, it will affect how our Site works and you may not be able to access or use certain areas of our Site or full functionality. For example, performance cookies collect information about how you use the Site, for instance, which pages you visit most often, which allows us to provide you with targeted and relevant choices that enhance your Site experience. For more information about the Cookies we use, please see https://www.palmear.ai/cookies-policy.
7.2 We may retain a copy of your Information for compliance reasons. When you update Information, we may retain a copy of the prior version for our records. It is important that your Information we hold about you is accurate and current. Please keep us informed if your Information changes during your relationship with us.
8. DATA RETENTION
We will only retain your Information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
9.2 We may e-mail periodic reminders of our notices and conditions, but you should check our Site frequently to see recent changes.
If you have any concerns about your Information on the Site, please contact us with a thorough description, and we will try to resolve it. Our customer service contact details are:
(a) Email: firstname.lastname@example.org
(b) Phone: +971504556150
(c) Address: 2462 ResCo-work 02, 24th Floor, Al Sila Tower Abu Dhabi Global Market Square, Al Maryah Island, Abu Dhabi, UAE
Terms And Conditions
- Introduction. Your use of Palmear’s services (the “Services”) via Palmear’s Equipment, Palmear’s mobile application (the “App”) or Palmear’s dashboard (the “Dashboard”) is governed by these Terms and Conditions. Use of the App is also governed by the following if downloaded from the Apple App Store:
- Usage of the Services; Certain Restrictions.
- Usage of the Services by Customer, its personnel and any individual authorized to use the Services (the “End Users”) will include the conducting of digital assessments of trees in farms using the Equipment, with the Equipment aggregating signals through the App from an acoustic sensor such that it will: (i) detect the presence of pests that have a harmful effect on crops, food supplies and vegetation; (ii) produce report data relating to such detection; and (iii) manage the data relating to such assessments through the App or Dashboard (collectively, the “Services Process”). As part of the Services Processes, we may collect certain personally identifiable information of your personnel and End Users (collectively, “Personal Information”). Accordingly, you represent and warrant on a continuing basis that you have the right to provide such Personal Information to Palmear, and that you have obtained any necessary consents or authorizations to do so. In the event an End User should decline to provide such consent you will not allow such End User to use the App, Dashboard or the Services. If an End User should later withdraw such consent after having used the App, Dashboard or the Services, you will promptly inform us by written notice (e-mail to email@example.com suffices).
- None of Customer, its personnel or the End Users shall: (i) open, disassemble or attempt to reverse engineer the Equipment, App or Dashboard or any components thereof; (ii) subject the Equipment, App or Dashboard to testing; (iii) use or interconnect the Equipment, App or Dashboard with other hardware or software not contemplated by this Agreement; (iv) take pictures or video, whether of the interior or exterior, of any Equipment; (v) use the Equipment, App or Dashboard except in connection with the Services and in accordance with this Agreement; (vi) use, copy, reproduce, modify, adapt, alter, or create derivative works of the App, Equipment, Dashboard or Services; (vii) distribute, sell, assign, sublicense, lease, loan, rent, timeshare, publicly display, provide access to, or transfer the App, Equipment, Dashboard or Services; (viii) derive or attempt to derive the source code of all or any portion of the App, Equipment, Dashboard or Services; (ix) merge the Equipment or Dashboard with other software, firmware or devices; or (x) use the Equipment, App or Dashboard except in connection with the assigned farm boundaries.
- Certain Customer Obligations. You agree to follow our instructions relating to use of the App, Equipment, Dashboard and Services. You are responsible to Palmear for the use of the App, Equipment, Dashboard and Services by anyone within your organization, including the End Users. You acknowledge that we may monitor and observe use of the App, Equipment, Dashboard and Services and suspend use of any of the foregoing in the event we have a reasonable suspicion of non-compliance with this Agreement. If we discover that you were in fact in compliance with the Agreement, we will promptly restore your ability to use the App, Equipment, Dashboard and Services. In the event you provide us with feedback we will have unrestricted rights to incorporate such feedback into any software, technology and/or other services. You hereby assign to us any and all proprietary interest in and to any and all such feedback.
- Palmear provides e-mail support from firstname.lastname@example.org for the App, Dashboard and the Services.Palmear shall make commercially reasonable efforts to respond to your e-mails within twenty-four (24) hours. Palmear may, from time to time, host webinars to address frequently asked questions relating to the Services; to the extent that Palmear hosts any such webinars, Palmear will provide customer with advance notice of the time and means of attendance of such webinars.
- Palmear shall provide its standard set-up services to the Customer and training to End Users, which may include the provision of training aids, user manuals and other documentation on the use of the Services, the App or Dashboard.
- Title; Open Source Software Components. The App, Equipment, Dashboard and Services, and all copyrights, patent rights, and other intellectual property rights therein, are and will remain the sole property of Palmear and its licensors. Customer is only granted the limited rights to use the foregoing consistent with this Agreement subject to the restrictions set forth herein, including, in the case of the App, the restrictions set forth in the App Store Terms. Palmear expressly reserves all intellectual property and proprietary rights not expressly granted under this Agreement. The App contains certain third party open source software components, and you are licensed to use such components directly by the owners of such components subject to the terms of the open source licenses governing the use of such components.
- Use of Personal Information; End User Data; Resultant Data.
- Customer acknowledges and agrees that each End User is the sole owner of its End User Data (as defined below), and this Agreement does not provide Palmear with title or ownership of the End User Data.“End User Data” means the information or data communicated or made available by End User to, or collected from End User by, the Equipment, the App or the Dashboard in the course of the provision of the Services, but the term End User Data expressly excludes Resultant Data (as defined below) and data lawfully obtained by Palmear from third parties. Notwithstanding the foregoing, Palmear shall be permitted to use and disclose the End User Data: (i) to provide the Services; (ii) to create Resultant Data for statistical and other analysis, including to improve the Services and for other internal or commercial purposes, during and after the Term; (iii) to monitor End User’s and the Customer personnel’s use of the Services; and (iv) to enforce the terms of this Agreement. “Resultant Data” means information, data and other content that is derived by or through the Services and is sufficiently different from underlying End User Data that such End User Data and the identity of End User cannot be reverse engineered or otherwise determined from the inspection, analysis or processing of such information, data or content. Resultant Data is owned by Palmear.
- Limited Equipment Warranty.
- Palmear warrants that the Equipment will perform in substantial accordance with its documentation during the Term.If during this time period the Equipment does not perform as warranted, Palmear shall undertake to correct the performance of the Equipment, or if such correction is not reasonably practicable, Palmear shall undertake to replace such Equipment free of any charges to Customer. If neither of the foregoing is commercially practicable, Palmear shall terminate this Agreement and issue a pro rata refund to Customer of any unused Fees. The foregoing are Customer’s sole and exclusive remedies for breach of warranty. The warranty set out in this Section 7.1 shall apply only if the Equipment has: (i) been properly used at all times and in accordance with its documentation; (ii) not been subjected to neglect, accident, abuse or misuse, or unusual physical, electrical or electromagnetic stress; (iii) been integrated properly with the App and the Services in accordance with Palmear’s instruction or direction; and (iv) not been modified or altered by persons other than Palmear personnel.
- EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 7.1, PALMEAR MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF ON AND BEHALF OF ITS SUPPLIERS AND LICENSORS, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.PALMEAR DOES NOT WARRANT THAT THE APP, EQUIPMENT, DASHBOARD OR SERVICES WILL MEET ALL OF CUSTOMER’S REQUIREMENTS OR THAT THE USE OF THE APP, EQUIPMENT, DASHBOARD OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
- Limitation of Liability. To the extent permitted by law, in no event will Palmear or its licensors or suppliers be liable for any consequential, indirect, exemplary, special or punitive damages, including loss of profits or data, whether in contract or tort (including negligence), arising out of or in connection with this Agreement or access or use of the App, Equipment, Dashboard or Services, even if Customer has been advised of the possibility of such damages. To the extent permitted by law, Palmear’s cumulative liability under this Agreement will be no more than the Fees paid under this Agreement during the previous twelve (12) months. Customer acknowledges that these limitations of liability reflect the allocation of risk set forth in this Agreement and the nature of the Services, and that Palmear would not enter into this agreement without these limitations on its liability.
- Effect of Termination. Upon termination or expiration of this Agreement: (a) all licenses and rights to use the App, Equipment, and Services will immediately terminate, and Customer shall return all of the Equipment to Palmear; and (b) Customer shall immediately pay Palmear any outstanding amounts owing under this Agreement through such date of termination or expiration. In addition, each Party will cease to use and, within ten (10) business days, return to the other (or destroy at the other’s request) any Confidential Information (defined in Section 10) of the other Party together with all copies thereof, in its possession or under its control. Sections 2.2, 3, 5, and 8-12 of this Agreement will survive and remain in full force and effect.
- Confidentiality. Customer and Palmear will take reasonable steps and exercise reasonable care to hold any Confidential Information in confidence and will not use it or disclose it to any other person or entity except to its personnel who are bound by confidentiality obligations and solely: (i) as reasonably necessary for the performance or enforcement of this Agreement; (ii) as agreed in writing by the other Party; or (iii) as required by law or legal process. “Confidential Information” means non-public information that is disclosed by one Party to the other hereunder and that the receiving Party knows is confidential to the disclosing Party or that is of such a nature that someone familiar with the type of business of the disclosing Party would reasonably understand is confidential to it. Confidential Information of Palmear includes the source code and all algorithms, techniques, processes, software design and architecture, and specifications underlying the App, Equipment, and Services. Notwithstanding the foregoing, Confidential Information does not include: (i) information that is in the public domain through no act or omission of the receiving Party; (ii) information that is in the receiving Party’s lawful possession without violation of obligations to the other Party; or (iii) information that is required to be disclosed by a government authority or by law, provided that you give Palmear reasonable prior written notice sufficient to permit Palmear to contest such disclosure.
- Customer shall indemnify and hold Palmear and its affiliates harmless from and against all claims, actions, and proceedings (collectively, “Claims”) brought by a third party and all associated losses, damages, costs, expenses (including attorneys’ fee), and liabilities arising out of relating to any breach of any of Customer’s representations, warranties or covenants set forth in this Agreement. Palmear shall indemnify, defend, and hold Customer harmless from any against all Claims by any third party alleging that Customer’s use of the Services, App or Dashboard in accordance with this Agreement infringes such third party’s patent, copyright, or other intellectual property rights. If the Services, App or Dashboard become, or in Palmear’s opinion are likely to become, the subject of a Claim as described in the preceding sentence, Palmear may, at its expense and option: (a) obtain for Customer the right to continue using such Services, App or Dashboard; (b) modify or replace the Services, App or Dashboard so that they do not infringe; or (c) require Customer to cease use of the Services, App or Dashboard, in which case Palmear shall issue to customer a pro rata refund in respect of any prepaid but unused Fees. Subject to Section 8, the foregoing two sentences state the entire liability of Palmear and sole and exclusive remedy of Customer with respect to infringement of any patent, copyright, or other intellectual property rights by Palmear.
- Any party or entity entitled to defense and indemnification under Section 11.1 shall notify the party from whom defense and indemnity is sought of the relevant Claim in writing within fifteen (15) days after receiving actual notice of such claim, shall cede sole control of the defense and/or settlement of the claim to the indemnifying party, and, at the expense of the indemnifying party, shall provide reasonable cooperation in the defense and/or settlement of such claim.The indemnifying party shall have the sole authority, at its expense, to defend, compromise, settle, or otherwise dispose of the claim.
- Force Majeure. Under no circumstances will Palmear be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control, including common force majeure events, acts of God, epidemics, pandemics and widespread disease, and outages affecting the public Internet and cloud service failures.
- Governing Law; Jurisdiction and Venue. This Agreement (and all contractual and non-contractual obligations arising from such Agreement) will be governed by and construed in accordance with the laws of the Abu Dhabi Global Market (the “ADGM”), without giving effect to any conflict of laws rules or provisions. Each Party agrees that any action of whatever nature arising from or relating to this Agreement, the Equipment, App, or any Services that is filed in court will be filed only in the ADGM courts located in Abu Dhabi, United Arab Emirates. Each Party consents and submits to the personal jurisdiction of such courts for the purposes of any such action.
- Severability. If any provision of this Agreement is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity or enforceability of any remaining provisions.
- Waiver. The failure of a Party to enforce any right or provision of this Agreement will not prevent it from enforcing such right or provision in the future.
- Assignment. Palmear may assign its rights and obligations only in connection with a merger, acquisition, a sale of assets, or by operation of law without Customer’s consent. Customer may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Palmear. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the Parties, their respective successors and permitted assigns.
- Notice. All notices provided hereunder will be in writing and delivered personally, by e-mail, or by overnight courier, or by registered or certified mail to the addresses specified in the Order Form or such other address as may be specified in writing by notice given in accordance with this Section 12.6. All such notices will be deemed to have been given: (a) upon receipt when delivered personally; (b) upon receipt when delivered by e-mail; or (c) in the case of overnight courier, one weekday after delivery to the overnight courier.
- Independent Contractors. In entering into and performing this Agreement, the Parties hereto are acting and shall act as independent contractors, and neither is, nor will be deemed to be, an agent, legal representative, joint venture or partner of the other for any purpose.
- Interpretation; Counterparts. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive. This Agreement may be executed in any number of counterparts, each of which when so executed will be deemed an original and all of which together will constitute one and the same agreement. Facsimile and electronic (e.g., PDF) signatures shall be as effective as original signatures. This Agreement shall be effective only after it has been duly executed by both Parties.
- Entire Agreement. No modification, change, or amendment of this Agreement shall be binding upon the Parties, except by mutual express consent in writing of a subsequent date duly signed by the authorized representatives of each of the Parties. This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior understandings and agreements, whether oral or written, between the Parties with respect to the subject matter of this Agreement.
- No Referrals. The Parties acknowledge and agree that none of the payments made hereunder nor any benefit conferred to either Party under this Agreement are intended to induce, encourage or conditioned on any requirement for either Party to make referrals to, or be in a position to make or influence referrals to, or otherwise generate business for the other Party or any of its affiliates.