Terms & Conditions

6th March 2019 - version 1.4

SOFTWARE TERMS AND CONDITIONS OF USE

This document establishes the rules for accessing and using the proGrow software (hereinafter, the "Application"), the sole and exclusive property of proGrow, S.A (hereinafter, "proGrow").

Access to and use of the Application, requires a license to use provided to a Client by proGrow.

The Application consists of a production management platform which aims to improve the production of manufacturing units, with lower resource use.

proGrow is headquartered at Rua Pinho Leal, n.º 567, 4150-567, Porto; email address: admin@progrow.io.

All new Application features and resource launches will be subjected to these Terms and Conditions.

proGrow has the right to modify or alter, at any time and without prior notice, these Terms and Conditions of Use of the application, to be published on the website https://progrow.io/en/support/terms-and-contitions, with 30 days notice.

HOW TO USE THE APPLICATION

Client use of the Application requires the creation of a login account, through its registration as a user and the association of a password to that account.

To create the login account, proGrow will collect the following data:

  • Professional email address

Subsequently, proGrow will ask to collect data related to production, namely the description, codes, quantities, weights and objectives of the products produced; description, manufacturing orders codes and objectives; production schedule; code, description and duration of the different shifts, stop times, objectives, their coding and categorisation; times and objectives of setup activities, as well as their coding and categorisation; description, codes, quantities, weights and objectives of the materials used; code, description, duration and objectives of maintenance activities; work centre codes and description; description, codes, seniority and technical characteristics of the production equipment of the respective manufacturing units.

The application allows for comments, description of actions, method and projects to be added, by creating documents, transferring photographs and attaching documents.

SUBSCRIPTION AND USE

The application is available via annual subscription.

The pricing is calculated based on the following:

  • Required modules and features
  • Number of pieces of equipment and/or covered processes
  • Number of Key Performance Indicators (KPIs)
  • Data collect connections
  • Document storage capacity (GB)

The prices charged will be current at the time of subscription or renewal, which are added to the legal tax rates.

MODIFICATION TO SERVICE AND PRICES

proGrow has the right to make any changes to the Application that it deems necessary to increase its efficiency or performance.

Whenever the Client wants to change one of the characteristics of the Application, the subscription price will be evaluated and changed if necessary.

MAINTENANCE

The updates resulting from the maintenance services provided by proGrow will be made available remotely, according to the evolution schedule of the Application in force, therefore prior authorisation by the Client for these interventions is not necessary.

TECHNICAL SUPPORT

A technical assistance service is available to provide support and respond to requests for clarification regarding the operation and performance of the Application. For this purpose, the Client will be given a phone number and an email address, through which the Client will be able to address his requests:

If it is necessary to visit the Client's premises, or to collect and process additional information for implementation, this additional service will be charged, subject to the conditions of a consultancy service by proGrow.

DATA PROTECTION

All data collected will only be available to proGrow and will be shared with third parties.

The data are collected for thepurpose of managing the Client’s manufacturing units.

The rights of access, rectification, erasure and restriction of the data, opposition to the processing of data for the purposes of direct marketing or any other form of prospection, to be informed or to object in advance to the transmission of your data to another third party for the purpose of direct marketing, may be exercised, in writing, to the proGrow headquarters indicated in the initial part of these Terms and Conditions, or to the following email address: legal@progrow.io

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The use of the Application and all material made available under the license agreement for the use of the same belongs to proGrow.

Reproduction, modification, publication, transmission, transfer, distribution, and sale of any of the components and parts of the Application is prohibited.

proGrow does not claim intellectual property rights over the data collected or entered through the Application.

CONFIDENTIALITY

proGrow undertakes to maintain the confidentiality of any information of an operational nature that has been transmitted during implementation and use of the Application.

All information exchanged within the scope of the execution of the Application license agreement will be confidential.

LIMITATION OF LIABILITY

The Client is responsible for:

  • Accuracy, quality and the  data update made available to proGrow
  • Means used to obtain the data made available to proGrow
  • Security and confidentiality of usernames and passwords created that allow access to the Application

The Application is intended to be used by professionals, under their own responsibility, who are responsible for the interpretation of data, calculations and results provided by the Application use, and proGrow cannot be held responsible for any damage resulting from the use or lack of use of the Application, including interruptions in operation, data loss or economic losses, or for any damages resulting from the unavailability or inability to use the Application.

proGrow does not guarantee the continuous operation of the application nor does it guarantee that it is free from any error.

Access to the Application may not be available if there are failures unrelated to proGrow, suspensions or interruptions in the underlying network access, maintenance tasks or error resolution.

proGrow excludes any liability arising from malicious software that infects the application and/or the computer system and slides used for its access and use. proGrow does not assume any responsibility for the damages and losses that may result from this.

proGrow provides an implementation service performed by production management specialists, who aim to improve and adapt the Application to the Client's needs.

However, proGrow does not guarantee that all of the Client's specific needs will be met.

COMPLAINT AGAINST THE APPLICATIONUSE LICENSE AGREEMENT

A complaint may be lodged concerning the license agreement for use of the Application by either party, providing at least sixty (60) days’ notice pf the end of the term or any renewal period, by sending a written notice to proGrow's registered office indicated at the beginning of these Terms and Conditions, or to the following email address: legal@progrow.io.

TERMINATION OF THE APPLICATION USE LICENSE AGREEMENT

proGrow reserves the right to terminate the user license agreement, immediately blocking access to the Application, upon any violation or breach of these Terms and Conditions by the Client.

proGrow reserves the right to terminate the license agreement for use of the Application, in the event of non-payment of any instalment owed to proGrow by Client, in any manner whatsoever.

In either situation, any future obligations are automatically cancelled.

COOKIES

The Client agree that access to and use of the Application presupposes the use of cookies.

Cookies may not be used, and it is possible to block them in the browser settings.

Cookies are intended to allow behavioural analysis of users of the Application and to track their preferences and usage trend, for future optimisation of the Application.

The Application uses cookies to customise and facilitate navigation. Cookies are only associated with an anonymous user and with user's computer and do not allow the collection of the user's personal data.

The application uses cookies for:

  • Number of clicks per screen and module displayed;
  • Time spent per screen and module;
  • Session Status.

In case you want to disable the use of cookies, the procedure for the corresponding browser will be:

  • Internet Explorer: Tools -> Internet Options -> Privacy -> Configuration. For more information, you can consult Microsoft support or your browser's Help.
  • Firefox: Tools -> Options -> Privacy -> History -> Custom Settings. For more information, you can consult Mozilla support or Browser Help.
  • Chrome: Configuration -> Show advanced options -> Privacy -> Content configuration. For more information, you can consult Google support or your browser's Help.
  • Safari: Preferences -> Security. For more information, you can consult Apple support or your browser's Help.

CONNECTIONS

proGrow is not responsible for the referral to links or hyperlinks managed by third parties, through the Application.

proGrow does not exercise any control over them, and therefore does not assume any responsibility for damages or losses caused by connections that may be associated with the Application, namely in the computer system and equipment used for the respective access and use.

APPLICABLE LAW AND JURISDICTION

For disputes arising from the interpretation or execution of these Terms and Conditions, Portuguese law is applicable and for their resolution the competent court will be the Oporto District Court.

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