Terms and rules of use of the Platform (hereinafter - "Terms")Date of creation 25.07.2022. Version №. 11. Definition of concepts1.1. The Platform - FarmFleet technological platform in the form of software accessible through a web browser, which brings together the needs of Customers in obtaining Services and the capabilities of Partners to provide them. The administration and management of the Platform are carried out by the Agent.1.2. Software - the source code, object and executable codes/modules, a set of instructions in the form of words, numbers, diagrams, symbols, or in any other form expressed in a form readable by a computer, as well as computer programs, databases (data compilations), screen forms generated by programs, graphical user interface and its functions, application programming interfaces, enhancements, improvements, and modifications to the existing software code, as well as specifications, external design (design).1.3. Platform Administrator and Agent - refers to LLC "DIGITAL FARMING TECHNOLOGIES," a legal entity registered in Ukraine, which owns exclusive intellectual property rights to the Platform and ensures its development, operation, mutual settlements, and technical support for users.1.3.1. Agent - refers to the legal status of LLC "DIGITAL FARMING TECHNOLOGIES" in contractual relationships with Customers and Partners.1.3.2. Administrator - refers to the functional status of LLC "DIGITAL FARMING TECHNOLOGIES" regarding the functional development, technical functioning, and servicing of the Platform.1.4. Services - services provided by the Partner using Agrotechnical resources necessary for performing technological operations, including soil cultivation, sowing, fertilizer application, plant protection product application, and harvesting.1.5. Agrotechnical resources - equipment, apparatus, devices, instruments, and other products specifically created, programmed, or modified for performing operations related to soil cultivation, sowing, fertilizer application, plant protection product application, and harvesting.1.6. Customer - any legal entity or individual entrepreneur duly registered on the Platform, who wishes to receive Services and places orders for them using the Platform's functionality.1.7. Partner - refers to the Principal defined in the preamble of this Agreement, who is duly registered on the Platform and wishes to provide Services that are ordered by Customers using the Platform's functionality.1.8. User Account - a collection of data about the Customer or Partner stored on the Platform, necessary for their recognition (authentication) and granting access (authorization) to work with the Platform.1.9. User Personal Cabinet - functionality accessible through the User Account for managing Directories, Orders, Documents, Wallet, and Payments via the Platform.1.10. Order - refers to a Customer's order for the provision of Services, made using the functionality of the Platform.1.11. Order Confirmation (acceptance) - the Partner's confirmation regarding the fulfillment of the order conditions, which is validated upon the signing of the Order using a Qualified Electronic Signature (QES).1.12. Directories - application objects within the Platform's structure that allow for the recording, storage, and modification of data with a consistent structure and accounting nature, for use by Customers and Partners within the Platform. Each directory element is characterized by a code and a name. The Agent is responsible for forming the structure of Directories.1.13. Service Agreement - an agreement for the provision of Services entered into between a Partner and a Customer using the functionality of the Platform and a Qualified Electronic Signature (QES).1.14. Qualified Electronic Signature (QES) - an enhanced electronic signature created using a Qualified Electronic Signature tool and based on a Qualified Public Key Certificate.1.15. Price List - the cost of a Partner's services, which is determined based on the structure of a price directory created on the Platform. The cost of services depends on parameters such as plot area, application rate, and other factors that may be considered for assessing the cost of services (transportation services, idle time).1.16. Service Provision Team (SPT) - the combination of agrotechnical resources (drones, vehicles) and human resources (pilot, driver) within a Partner, from which crews are formed to provide Services.1.17. SPT Manager - each SPT has a Manager who is responsible for the quality of the team's work and communication with the Customer or their Responsible Person, to address all production and organizational matters.1.18. Crew - the minimum unit of Agrotechnical resources used for providing Services on the Platform. A crew consists of a vehicle, one or two drones, a pilot, and their assistant. Each crew has a productivity value, which indicates the number of hectares it can cover during an 8-hour shift. The productivity value is specified in the crew's profile and is used by the Platform to calculate the number of crews required to fulfill a specific Order.1.19. Closure of Provided Services - the SPT Manager is responsible for closing the daily volumes of provided services and overall service closure. Closure is done in collaboration with the Customer and/or their Responsible Person. If the Customer and/or Responsible Person have any objections regarding the actual Services provided, they have the right to submit a complaint to the Agent.1.20. Dispute Resolution - the process of addressing the Customer's objections regarding the Partner's services, conducted by the Agent using the functionality of the Platform in communication with the Customer and the Partner.1.21. Payment - a payment made through payment terminals, non-cash transactions, payment electronic systems to a bank account, or any other payment method used by the Customer on behalf of the Platform or by the Platform on behalf of the Customer or Partner to pay for Services.1.22. Wallet - the functionality of the Platform that allows the Customer or Partner to view information about the status of funds deposited into the Platform's account, make quick bookings, and allocate paid funds for the services provided through the Platform.1.23. Non-consensual withdrawal of funds - the deduction of funds from the Customer's Wallet to fulfill the terms of the Agreement. The withdrawal of funds is carried out without obtaining additional consent from the Customer, following the rules and procedures prescribed by Ukrainian legislation and these Terms.2. General provisions2.1. These Terms establish the basic requirements for using the Platform, the rights and obligations of Customers and Partners during the search for Agrotechnical resources; placing an Order or canceling it; provision of Services; quality control of the provided Services; conducting financial settlements; resolving potential disputes, as well as defining the rights and obligations of the Agent and Administrator.2.2. By accepting these Terms, you agree to the general requirements on which the Agent provides and maintains the Platform for interaction between Customers and Partners, as provided by the available functionality of the Platform.3. Account registration3.1. To use the functional capabilities of the Platform, you need to register and create an Account, having previously agreed to the Terms of Use of the Platform.3.2. To register an Account, you need to provide your mobile phone number and receive a verification code for confirming the phone number.3.3. After confirming the number, you can create a password to access your Account.3.4. After creating a password, you can proceed to the next step - selecting the type of user profile: Customer or Partner.3.5. After completing the previous step, Customers can start searching for the necessary Agrotechnical resources and placing orders. Customers can provide additional information regarding the legal entity (section 3.6.) during the order placement process.3.6. After completing the conditions of section 3.4., Partners have the opportunity to fill in the information regarding their enterprise.● Company data:The company nameEDRPOUName of the DirectorRegistration address● an example of properly filling out an address with one line: Ukraine,23100, Vinnytsia region, Zhmerinka city, st. Barlyaeva, building 28-A● Payment data:Bank account number in IBAN formatName of bankMFI bank● VAT payer statusYou need to select the status - VAT payer.○ Without selecting this status, you will not be able to completeregistration○ Support for payments of Orders without VAT and usageadditional legal entities will appear in the followingreleases● Contacts for sending documents:Please provide the email address of the Manager of your organization, to which the Platform will send notifications regarding changes in the status of Orders or actions required by the Customer or Partner. This email address will be used for digitally signing the Contract and Acts using the Electronic Digital Signature (EDS). Additionally, you can provide the email address of a trusted person authorized by the Manager to receive notifications from the Platform or to sign Documents on behalf of the organization.You have the option to provide multiple email addresses for notifying interested parties within your organization about the status of Orders.3.7. The data provided in the registration form of the Customer or Partner will be used for the automatic generation of Documents such as Contracts, Invoices, and Service Acts.3.8. After registration and creating an Account, Customers can search for the necessary Agrotechnical resources and place Orders.3.9. After registration and creating an Account, Partners need to sign an Agency Agreement with the Agent, which will be generated by the Platform.3.10. Partners sign the Contract using the Electronic Digital Signature (EDS), after which the Contract is counter-signed by the Agent on behalf of the Platform.3.11. After the Agent's signature, the Partner will have the opportunity to proceed with filling out the Directories and using the Platform.
3.12. Considering that the Platform requires some time for signing on its side, the Partner should not expect immediate access to the next step - filling out the Directories - after signing the Contract from their side.
3.13. After the Agent's signature, the Partner should see a change in the Document status on the Platform, indicating that it has been counter-signed by the Platform.
3.14. The Agent has the right to establish additional requirements for registration and creating an Account on the Platform. These requirements may include providing an extract from the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations.
3.15. By registering an Account on the Platform, you confirm the accuracy of the provided registration data.
3.16. In case of identifying inaccurate registration data from the Partner or Customer, the Agent has the right to terminate access to the Platform Account and/or terminate any cooperation with the Customer or Partner.
3.17. The Customer or Partner undertake not to transfer the rights or access to their Account to third parties.
3.18. The Customer or Partner undertakes to use the Platform only for its intended purpose and in accordance with the stated conditions.4. Search for Agrotechnical resources and implementation4.1. The Customer conducts a search for Agrotechnical resources through the Personal Cabinet using the available search form on the Platform.
4.2. To initiate a search query, the Customer must fill out the search form, providing the following information:
● Crop
● Number of hectares for processing
● Number of fields
● Dates for processing
● Type of treatment
● Application rate
● Service delivery address
4.3. After submitting the search query, the Customer receives the results of the Platform's search algorithm in the form of a list of Partners who have available Agrotechnical resources to provide services on the required dates.
4.4. The Customer selects a Partner to fulfill the Order based on the information provided by the Platform, including:
● Partner's name and logo
● Partner's ability to meet the needs of the Order through available Agrotechnical resources on the specified dates
● Partner's ability to fulfill the Order earlier by increasing the quantity of Agrotechnical resources
● Partner's ability to partially meet the needs of the Order
● Partner's location
● Cost of processing services (UAH per hectare)
● Cost of transportation services (UAH per kilometer)
● Cost of crew downtime (UAH per hour)
● Partner's rating on the Platform.4.5. If the Customer did not find available Agrotechnical resources for the desired dates, it means that all the Agrotechnical resources registered on the Platform are occupied during that time period. In such a case, the Customer needs to submit a request for other dates.
4.6. If the Customer specifically requires Agrotechnical resources for the desired dates, the Platform may inform the Customer (via email) about the availability of Agrotechnical resources for those dates**.
4.7. If the Customer has found the required Agrotechnical resources that fully or partially meet their needs, the Customer can place an Order.
4.8. The Order is considered an irrevocable offer, meaning it is a proposal to enter into a service agreement.
4.9. The created Order includes the following essential conditions:
1. The customer
2. Contact person of the Customer
3. Phone number
4. Culture
6. Processing dates
7. Processing area, Ha
8. Number of fields
9. Type of processing
10. Application rate, l/Ha
11. Address of provision of services
12. Number of crews
13. Productivity of crews per day, Ga
14. Number of working hours per day
15. Projected processing area, Ha
16. Processing cost, UAH/ha
17. Total cost of processing, hryvnias
18. Distance, km
19. Cost of transportation, hryvnias/km
20. Total cost of transportation, hryvnias
21. Cost of crew downtime per hour, hryvnias
22. Total cost of services
23. Name of the partner
24. Contact person of the partner
25. Phone number
26. Partner rating on FarmFleet4.10. By placing an Order, the Customer agrees to make all necessary payments, including any applicable taxes and fees.
4.11. To make a reservation, the Customer must sign the Service Agreement generated by the Platform using a Qualified Electronic Signature (KЕP) and any necessary attachments to it, and make a payment according to the amount and account specified in the Agreement.
4.12. For the organization of signing the Agreement (and other documents) on the Platform using KЕP, a specialized service provided by the State Enterprise "Diia" under the Ministry of Digital Transformation of Ukraine is used. The State Enterprise "Diia" is responsible for the operation of the state electronic services website - https://diia.gov.ua/.
4.12.1. After signing the Agreement (or other documents), the Customer or Partner has the option to download the signed documents to the hard drive of their computer for further storage.
4.12.2. All signed documents on the Platform are stored in the personal accounts of Users for the entire duration of their interaction with the Platform.
4.12.3. The validity of a document signed with a KЕP can be verified using the document verification service provided by the State Enterprise "Diia" at this link: https://id.gov.ua/verify
4.13. Reservation of Agrotechnical resources for an Order is made within 1 (one) hour after receiving the corresponding payment from the Customer to the Agent's settlement account during standard working hours: from 9:00 to 18:00.
4.14. Taking into account that the Platform preliminarily reserves Agrotechnical resources for 5 (five) hours, the Customer should understand that successful reservation depends on the following factors:● the time of signing the Agreement and its annexes● time of advance payment● the time of day when the Order is placed.The Customer may place an Order at any time, howevermore effectivedo it in the morning from Monday to Friday, depending on the timenecessary forsigning the Agreement and paying the corresponding payment.4.15. In case of late payment and unavailability of the Agrotechnical resources selected for the Order, the Customer has the option to cancel the Order and receive a refund of the advance payment within 5 (five) days from the cancellation of the Order.
4.16. Alternatively, the Customer can choose to cancel the Order and use the paid amount to pay for a new Order.
4.17. To expedite the payment and guaranteed use of the selected Agrotechnical resources for the Order, the Customer has the option to make an advance payment of any amount to the Agent's bank account and use these funds for quick reservation of Agrotechnical resources.
4.18. To make an advance payment for the quick reservation of Agrotechnical resources, the Customer needs to request an invoice from the Agent.
4.19. The Customer can view the balance of funds pre-paid for the reservation of Agrotechnical resources in the Wallet and, using its functionality, utilize them for quick Service reservations or withdraw funds from the Platform to their own account.
4.20. The Partner also has the option to use their Wallet to view the balance of funds in the Platform account and withdraw funds to their bank account when necessary.
4.21. The Customer and Partner are responsible for accessing the Internet to use the Platform. The Customer and Partner are responsible for acquiring and updating the devices or other equipment necessary to access the Platform. The Administrator does not guarantee the functioning of the Platform as a whole or any of its parts on specific devices or equipment.
4.22. The use of the Platform may experience interruptions or delays due to the functioning of the Internet network and electronic communication devices.5. Confirmation of the Order by the Partner.5.1. The Partner receives information about new Orders from the Agent through the functionality of the Platform.
5.2. The Partner receives information about the Order at the registered email address and via Viber on the registered mobile phone number.
5.3. If the Partner can fulfill all the essential conditions of the Order, they must confirm the Order within 3 hours of receiving it during standard working hours from 9 AM to 6 PM. The confirmation is done through the functionality of the Platform by signing the Order using an Electronic Digital Signature (EDS), which in this case serves as acceptance and confirmation of the acceptance of the Order for execution.
5.4. If the Partner receives the Order after 6 PM, they have the right to confirm the Order the next morning until 12 PM.
5.5. Considering that Customers expect prompt communication and response regarding their Orders from the Platform and the Partner, the Partner should make all reasonable efforts for timely Order confirmation.
5.6. If the Partner fails to confirm the Order within 3 hours of receiving it from the Platform, the Order will be canceled, and the Customer will need to search for alternative Agrotechnical resources.
5.7. The Agent has the right to refuse to provide Agent services to the Partner and terminate access to the Platform if the Agent, through the functional capabilities of the Platform, observes that the Partner has failed to confirm the Order three times in a row without providing an explanation for such actions.
5.8. After signing the Service Provision Agreement between the Agent and the Customer and the Customer's advance payment, the status of the Order in the Partner's Personal Cabinet changes to "Pending Execution."
5.9. The Partner has the right to change the Crews that were reserved for Order execution to similar ones in terms of productivity and qualifications if necessary, due to potential technical limitations or other reasons that require such changes.
5.10. The Partner is responsible for the current technical condition of the Agrotechnical resources used to provide the Services, their updated status on the Platform, performing necessary technical maintenance, preparing KNP (Key Performance Indicators) for qualified service provision, and complying with all necessary conditions.6. Terms of cancellation of the Order.6.1. Cancellation of an order due to adverse weather conditions:
6.2. The Platform informs the Customer about the weather conditions at the place of service provision six days before the scheduled service date. The weather data is obtained by the Platform from the Open Weather service (https://openweathermap.org) using API queries. If the weather forecast indicates adverse conditions:
● Wind speed exceeding 6 m/s throughout all the days scheduled for order execution,
● Air temperature exceeding 25°C throughout all the days scheduled for order execution,
● Precipitation occurring throughout all the days scheduled for order execution,
the Customer must make a choice by the end of the current day upon receiving the notification:
6.2.1. Cancel the Order and start searching for Partners with the necessary Agrotechnical resources for new dates. In this case, the funds paid towards the Order will remain in the Customer's account on the Platform.
or
6.2.2. Cancel the Order with a subsequent refund of all the funds paid for the Order.
6.2.3. The refund process takes place within 5 (five) banking days from the moment of canceling the Reservation and submitting a request for withdrawal of funds from the Platform.
6.3. Accept the risks of adverse weather conditions that may affect the quality, timelines, and cost of the Services, and proceed with the Order execution.
6.4. Cancellation of an Order without considering weather conditions:
6.4.1. The Customer and the Partner have the right to cancel the Order without considering weather conditions and without incurring a penalty, no later than 6 days before the start date of service provision.
6.5. If the Customer wants to cancel the execution of the Order less than 6 days prior, the Customer bears the responsibilities outlined in the Service Provision Agreement.
6.6. If the Partner wants to cancel the order less than 6 days before the service date, the Partner bears the responsibilities outlined in the Agency Agreement and the Service Provision Agreement.7. Provision of Services7.1. One day before the date of service provision, the Partner and the Customer, to their registered email addresses, receive a notification specifying the start time, duration of service provision, and information about other conditions for service provision.
7.2. The Customer or their Responsible Person is obligated to ensure all the conditions for service provision as defined in the Service Provision Agreement are met.
7.3. The Customer or their Responsible Person must monitor the process of service provision and inform the Manager of the Agricultural Service Enterprise (ASE) about any valid complaints regarding the quality of services or deficiencies as soon as they are identified. If the ASE Manager disagrees with the complaints or fails to rectify the deficiencies within the agreed-upon timeframe or refuses to address them, the Customer has the right to approach the Platform for the resolution of complaints and disputes.
7.4. At the end of each day, the Customer or their Responsible Person, together with the ASE Manager, must reconcile the actual volume of services provided during the day.
7.5. The ASE Manager can initiate the process of closing the daily volumes of services in their Personal Cabinet by filling out the required data and clicking the "Close the day" button. The Platform sends a notification to the Customer about the closure of the actual daily volume of services provided. The Customer or their Responsible Person must confirm the volume of services provided or provide their remarks before the end of the day in which they received the notification.
7.6. If the Customer or their Responsible Person agree with the results of the services provided, they click the "Confirm" button. If the Customer or their Responsible Person disagree with the results of the services provided, they mark "Initiate Arbitration" and complete the corresponding form.8. Provision of Services by two or more Partners8.1. The Customer has the option to place an order for services with two or more Partners.
8.2. In such a case, all actions specified in these Terms regarding service ordering, contract signing, payment, execution, and closure of the order must be carried out with each of the Partners.9. Resolution of disputes9.1. Remarks regarding the results of the service provision are recorded for review by the Agent, who manages the process of reviewing and resolving remarks concerning the results of service provision in cooperation with the Customer and the Partner.
9.2. Remarks regarding the results of the provided services must be reviewed and resolved no later than 3 (three) days after the completion date of the service provision.
9.3. Considering that unresolved disputes hinder the closure of the provided services and their subsequent payment, the Customer and the Partner must contribute to resolving the dispute as quickly as possible.
9.4. In the event of dispute resolution, the Agent closes the daily volume of services for which there were remarks, making necessary adjustments. The closure of the daily volume unlocks the possibility of closing the provided services as a whole and conducting settlements.10. Cost of Services. Settlement procedure. Purse User10.1. The Customer makes payments for the services in accordance with the cost of the services specified in the Service Agreement.
10.2. The cost of services includes value-added tax (VAT).
10.3. Payments for the services are made through non-cash settlement using electronic payment systems to the Agent's bank account or through Non-Acceptance debiting of funds from the Customer's Wallet, at the Agent's discretion. By placing an Order, the Customer agrees to the Non-Acceptance debiting of any funds (payment for services, deposits, advances, penalties, damages, etc.) from the Customer's Wallet.
10.4. The Partner grants the Agent the right to act as an agent for the purpose of collecting fees for the provided services, imposing penalties, applying taxes, and other payments made by the Customer through the functionality of the Platform.
10.5. To open a Wallet, the Customer needs to create an Account and deposit funds into the Wallet through payment terminals, non-cash settlement, or electronic payment systems to the Agent's bank account in an amount sufficient to place an Order. If the Customer transfers an amount to the Wallet that is less than the required amount to place an Order, the Administrator has the right to refuse the Order.
10.6. To guarantee the Customer's financial obligations, the Agent has the right to demand a security payment for the services. In the case of payment for services through Non-Acceptance debiting of funds from the Customer's Wallet, to guarantee the Customer's financial obligations, the Customer's funds at the time of accepting the Order until the Partner performs the Order are subject to a Hold in the amount determined by the Platform.
10.7. After the Customer accepts the services in accordance with the Agreement, the Hold on the funds is released, and the remaining funds necessary for the payment of services are non-acceptance debited from the Customer's Wallet. The Customer is required to deposit funds into the Wallet in an amount sufficient to pay for the services.
10.8. In case of an erroneous debiting of funds from the Customer's Wallet or erroneous Hold, the Customer has the right to contact the Agent with a notification of the erroneous debiting or Hold.11. Settings of Directories11.1. To manage Agrotechnical resources, to receive the opportunity to acceptOrder and provide Services using the functionality of the Platform, Partnermust fill out the Guides offered by the Platform.11.2. The form of the Handbooks and the procedure for filling them out is determined by the Administrator.11.1.1. Handbook of Drones● Registration cards must be filled out for each drone that the Partner hasplans to use to provide Services on the Platform (see Figure #1).● The partner is fully responsible for the relevance of the statuses of Drones inDirectory.● Names of manufacturers and models of drones are created by the Administrator.● If the Partner uses drones whose manufacturers and models are not registeredon the Platform, then the Partner has the right to contact the Administrator with a requestregarding inclusion in the Directory.● The request is made electronically and together with contact dataAn e-mail is sent to the partner who created the requestAdministrator - oi.teelfmraf%40ofni● The administrator must consider it as soon as possible (within 1-2 working days).and answer about consent to add additional data, or give a reasoned onerefusal in response to the Partner's request.11.1.2. Personnel Directory● It is necessary to fill out registration cards for each employee (seepicture #2).11.1.3. Directory of vehicles● Registration cards must be completed for each vehicle(see figure #3).● The partner is fully responsible for the relevance of Transport statusestools in the Handbook.● Company names of manufacturers and models of vehicles formAdministrator.● If the Partner lacks manufacturers and models of vehicles,The partner has the right to contact the Administrator with a request for inputchanges to the Directory.● The request is made electronically and together with contact dataAn e-mail is sent to the partner who created the requestAdministrator: oi.teelfmraf%40ofni● The administrator must consider it as soon as possible (within 1-2 working days).and respond to the consent to enter additional data or datesreasoned negative response to the Partner's request.11.1.4. Handbook of Crews● It is necessary to fill out the registration cards for each crew (see figureNo. 4) and indicate the productivity of the crew in hectares for 8 (eight) working hourstime● It is necessary to specify the Status of the Crew (Active, Inactive, Deleted fromplatforms).● The partner is fully responsible for the relevance of the statuses of Crews inDirectory.● Based on this status, the Platform uses or does not use thiscrew in search of resources to fulfill orders.11.1.5. Directory of Equipment Locations● It is necessary to fill out the registration cards for the location of the Crews (see figure#5).11.1.6. Service price guide● You need to fill out the Price List form (see picture #6), where you need to indicatethe cost of services in accordance with the application rate (ha) and the discharge rate of AZR (l/ha), ait is also necessary to indicate the cost of transport services (UAH/km) and the costcrew downtime (UAH/hour).● The cost of services is indicated without VAT.● In the future, the Platform itself will add VAT to services during formationOrder.● If the Partner does not have enough characteristics in the Price List structure, Partner has the right to contact the Administrator with a request to make changes toPrice guide.● The request is made electronically and together with contact dataAn e-mail is sent to the partner who created the requestAdministrator - .oi.teelfmraf%40ofni● The administrator should consider it as soon as possible (within 1-2 business days).and answer about consent to add additional data, or give a reasoned onerefusal in response to the Partner's request.11.1.7. Handbook of crew employment● It is necessary to fill out the Calendar form (see picture #7), in which to indicate thefor each crew, the days in the months in which the crews will be busy.● Days that are not marked as busy are automatically free for the Platform.● This is necessary for the Platform algorithm to have an opportunity in the processsearching for free Agrotechnical resources correctly choose free Crews.● In the process of using the Platform, the Calendar will be automatically updatedwith new data regarding the schedule of the Crews' load.11.2. The input of outdated or false information into the Directories leads to a significant deterioration in the performance of the Platform's algorithms and distortion of information for Customers. The Partner bears full responsibility for the accuracy and reliability of the data they enter into the Directories.
11.3. Upon discovering outdated or false information entered by the Partner in the Directories, the Administrator notifies the Partner and requests them to provide accurate and reliable information within 24 hours from the moment of receiving the notification.
11.4. In case the Agent identifies repeated instances of the Partner entering outdated or false information into the Directories, the Agent has the right to suspend access to the Platform Account and/or terminate any cooperation with the Partner.12. Intellectual property12.1. All rights to the Platform (content, technology, trademarks, trade dress, etc.) belong to the Administrator or its licensors.
12.2. Granting you access to the Platform does not mean that the Administrator relinquishes any rights to intellectual and industrial property objects, grants a license for their use, transfers them, or fully or partially assigns such rights.
12.3. It is prohibited to delete information on the Platform, modify, alter, copy, or process the Platform and other software available to you.
12.4. By uploading any information and/or materials to the Platform, you grant the Administrator a free, non-exclusive, worldwide license to copy, distribute, and reproduce the information and/or such materials, as well as the right to create derivative works and use them for other purposes.
12.5. The aforementioned license allows the Administrator to transmit (provide) your information and/or materials for the purpose of ensuring cooperation under these Terms. The Administrator has the right to delete or modify your information and/or materials for any reason, including if, in the Administrator's opinion, they do not comply with these Terms or other policies of the Administrator.
12.6. In case of violation of the provisions of this section, the Customer bears the responsibility as stipulated by these Terms and applicable laws.13. Liability13.1. The Platform and everything related to it is provided on an "as is" and "as available" basis. The Administrator does not guarantee the commercial or any other fitness of the Platform, compliance with the rights of third parties, or the achievement of results that are typically expected from the type of services provided through the Platform. Additionally, the Administrator does not guarantee uninterrupted or error-free access to the Platform. The Administrator is not responsible for the ability of the Customer to receive services or for the ability of the Partner to provide them since the use of the Platform depends on the behavior of Customers and Partners.
13.2. The Administrator, its representatives, directors, and employees are not liable for any damages or harm you may incur during or in connection with the use of the Platform.
13.3. The Customer agrees that in the event of non-compliance with the section "Service Cost. Payment Procedure. User Wallet" concerning the obligation to make timely payments, the Administrator has the right to suspend access to the Platform account until the payment is made. Blocking access to the Platform and terminating the agreement does not exempt the Customer from their financial obligations until they are fully fulfilled.
13.4. In case of non-compliance with the obligations stated in the section "Intellectual Property," you are obliged to compensate the Administrator for all damages (direct actual damage and lost profit).14. Cookies files, IP addresses, information collection by third parties14.1. The Platform uses cookies and similar storage and identification technologies to preserve your data and facilitate your identification, providing you with maximum convenience when using the Platform.
14.2. You confirm your consent to the use of cookies, IP addresses, and similar identification technologies.
14.3. The Platform may allow third parties, such as advertising and/or analytical service providers, to collect information. The data that may be collected by third parties is subject to protection according to the applicable privacy policy of those third parties.15. Personal data15.1. The processing of your personal data will be conducted in accordance with the Privacy Policy, which is available at the following link: https://farmfleet.io/privacy-policy