TERMS AND CONDITIONS

1. INTRODUCTION

A. The company under the name “Agroknow Private Company” (to be henceforth called “Agroknow”) and

B. The Contracting Counterparty of AGROKNOW (to be henceforth called “Customer”),

to be collectively called the “Parties” and each one separately the “Party” agree on the following:

2. INFORMATION AND DATA ON THE WEBSITE

Agroknow’s website (to be henceforth called “The Website”) contains information and data regarding the safety of food products internationally. Agroknow collects, translates and enriches such information and data from various public sources without in any way owning them and offers it to the customer. Agroknow also processes the aforementioned collected information and data in order to create further new information and data, based on the former, regarding short-term and long-term risk on the food safety sector, which is also offered to the customer.

3. OFFER TYPES

Under these Terms and Conditions there are two (2) offer types available:

1. The customer purchases a time-based subscription for the respective price and thus gains access through a Data API to the totality of information and data available on the Website, which are all downloadable and accessible, for the agreed period that the said purchased subscription is active.

2. The customer selects and purchases specific information and data on the website or categories thereof (data package), all downloadable, for the price that reflects the customer’s said selections.

4. OBLIGATIONS OF THE PARTIES

4.1. Upon subscription purchase by the customer, as in section 3, AGROKNOW shall:

1. Have the Website along with all the information and data it contains available for use and downloading 24/7, excluding any breaks in operation due to force majeure events or updates, upgrades, maintenance and troubleshooting, or acts or omissions on behalf of the customer or third parties not controlled by AGROKNOW.

2. Provide secure storage in the Website of the customer’s data, products, and components, by providing:

a. Recurrent check of data transfer;

b. A secure connection between each webpage and the User’s browser, using an SSL certificate;

c. Encryption techniques for the storage of sensitive business and personal data;

d. Recurrent backups of existing data; and

e. Updates of the collection, processing and storage software and fixing any errors.

4.2. Upon “data package” purchase by the customer, as in section 3, Agroknow shall:

1. Deliver the particular purchased information and data (data package) to the customer by means of having it available for download by the latter.

2. Provide secure storage in the Website of the customer’s data, products, and components, by providing:

a. Recurrent check of data transfer;

b. A secure connection between each webpage and the User’s browser, using an SSL certificate;

c. Encryption techniques for the storage of sensitive business and personal data;

d. Recurrent backups of existing data; and

e. Updates of the collection, processing and storage software and fixing any errors.

4.3. The customer is responsible for any and all of their actions while connected to the Website, including the loss of their access codes and any implications of unauthorized access. AGROKNOW shall not be liable for any loss or damage resulting from the failure of the customer to maintain the security of any account and/or password(s) of theirs.

4.4. The customer shall use the information and data provided in the Website within the scope of their business. Transferring the purchased subscription and/or information and data, with the exception of open data, from the Website to third parties (including consultation services) for any purpose is prohibited all together and the customer shall be liable for compensation to AGROKNOW that corresponds to at least 10 times the price of the purchased subscription or of the purchased “data package” accordingly.

5. LIABILITY

5.1. Agroknow collects information and data regarding the safety of food products from various trusted public sources with access to public data, such as the European RASFF. After collecting the said information and data Agroknow either curates, annotates, translates and enriches it, without however altering its content in any way and then offers it to the customer, or processes it and with the use of particular algorithms creates further new information and data, based on the former, regarding short-term and long-term risk on the food safety sector. As a result of the above it is clearly stated that Agroknow is neither the original creator of the information data it collects and processes, nor does it verify or ascertain the accuracy of such information and data, or has any means to do so, thus:

1. Agroknow shall not be liable (i) for the accuracy of the information and data it collects and provides to the customer, as well as (ii) for the information and data that it creates after further processing, with the use of particular algorithms, the said initially collected information and data, since the newly created information and data by Agroknow is based on and result from the formerly collected information and data mentioned above, of which Agroknow is neither the original creator, nor does it verify or ascertain its accuracy or has any means to do so.

2. Agroknow does not guarantee that the entirety of information and data it provides to the customer, either merely collected or processed in any way, is suitable for any particular purpose

3. Shall not be liable for any compensation, indemnification and/or damages deriving, either directly or indirectly, from the inaccuracy, invalidity, false representation or unreliability of the information and data it collects as mentioned above and of which is not the original creator.

5.2. AGROKNOW shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect computer equipment, computer programs, data or other proprietary material during the use of the Website, the services, or downloading of any material posted on it or on any website linked to it.

5.3. The Website and/or services may contain typographical errors or other errors or inaccuracies and may not be complete or current. AGROKNOW, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

5.4. It is agreed that AGROKNOW’s total cumulative liability shall not exceed the fees/price paid by the customer.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. The Website and its content, with the exception of open data, remain the exclusive ownership of AGROKNOW and are protected by the respective national and international legislation, as it applies.

6.2. The customer is bound not to provide information regarding the Website to AGROKNOW’s competitors.

6.3. The customer shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying data as provided by AGROKNOW.

6.4. The intellectual property rights in all software and content made available to the customer on or through the Website constitutes property of AGROKNOW or its licensors and are protected by copyright laws and treaties and are reserved as such. Publishing, manipulating, distributing or otherwise reproducing, in any format, any of the content or copies of the Website’s content by the customer is not permitted.

7. CONFIDENTIALITY AND PERSONAL DATA PROTECTION

7.1. The Parties state that all information or data exchanged in relation to these Terms and Conditions shall remain confidential and they shall not utilize any of the information other than in connection with this Agreement and only for the term set herein. In the event that any of the Parties is obliged to provide information to any Public Authority, it shall inform the other Party immediately.

7.2. In particular, either Party is obliged during the term of this Agreement to comply with the provisions of personal data protection and business confidentiality laws, using all necessary technical measures for the protection and safety of each data, collected through the term of this Agreement. In the event of breach and disclosure of said data to third parties, the Party becoming aware of such breach or disclosure should inform its counterparty immediately, acknowledging that the disclosure of said information may cause damage to such Counter.

7.3. The term “Personal Data” means any data processed on the basis and/or because of this Agreement, together or in connection with other data, and can be uniquely linked to an individual.

7.4. AGROKNOW represents, warrants and covenants that the collection, access, use, storage, disposal and disclosure of any Personal Data does and will comply with all applicable privacy and data protection laws, in particular EU’s General Data Protection Regulation (Regulation 2016/679).

7.5. The customer hereby explicitly consents that in order for AGROKNOW to enable the proper and lawful function of the subscription and the provision of the service, it may collect, use, store and disclose customer’s Personal Data, including name, address, phone numbers, e-mail address, activities, and job title, provided or collected hereunder solely for the purposes of managing its relationship with the customer and to fulfil legal, regulatory and compliance requirements applicable to AGROKNOW. The customer may withdraw consent at any time.

7.6. AGROKNOW shall not transfer the customer’s personal data to any third parties, other than the ones that need access to such data for the performance of this Agreement. AGROKNOW shall limit access to Personal Data to its employees, agents, and authorized subcontractors who require access to perform services for or on behalf of AGROKNOW and who have been trained and are in compliance with AGROKNOW’s security and privacy policy. The customer hereby represents, warrants and assures that they have granted their consent to such use of their personal data as stipulated above.

7.7. The customer shall always be informed of how their personal data is being handled and more specifically of the identity of the controller, the purpose of the processing, the categories of third parties to whom the data may be transmitted, the period for which their data will be stored, etc.

7.8. AGROKNOW will notify the customer as soon as practicable, but no later than twenty-four (24) hours after AGROKNOW becomes aware that the security, confidentiality or integrity of Personal Data has been compromised, and AGROKNOW will comply with any obligations that arise from the unauthorized access of the Personal Data.

7.9. AGROKNOW warrants that all Personal Data will be treated as confidential and will be secured with suitable organizational and technical measures to prevent unauthorized access, illegal processing, as well as accidental loss, modification or destruction.

7.10. Personal Data collected and processed for purposes of provision of the services and the performance of the duties provided for in this Agreement shall be processed and stored by AGROKNOW for as long as is necessary to fulfil the purposes of this Agreement between AGROKNOW and the customer.

7.11. The customer can exercise their rights to request access to their Personal Data themselves or ask AGROKNOW to rectify, erase or block such Personal Data by contacting AGROKNOW at personaldata@agroknow.com. The customer also has the right to amend their contact details and other Personal Data.

7.12. Questions or complaints regarding the processing of Personal Data can be sent to personaldata@agroknow.com. The customer also has the right to make a complaint with the competent supervisory authority.

8. TERMINATION

Both Parties agree that the above terms are considered to be essential. Upon breaching any of the aforementioned terms, the Party whose rights have been violated may immediately and in writing, terminate the Agreement, without compensation, unless such breach can be remedied, and the other Party provides its written consent to the cure of such breach in lieu of termination of this Agreement.

9. OTHER TERMS

9.1. Both Parties acknowledge that the Agreement and any amendment thereof shall be in English. Any translation of the Agreement to any other language is affected only for facilitation purposes and in any case, the original in English prevails.

9.2. Inability by either Party to execute any provision or exercise any right provided herein shall not be deemed as a waiver of that provision or right unless the other Party consents in writing.

9.3. In the event that any provision of this Agreement is considered invalid, illegal or in any way unenforceable, the validity, legality or enforceability of any other provisions shall not be affected, and the Agreement shall remain in force, without the invalid or illegal provision. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, it is agreed that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

9.4. It is expressly agreed that this Agreement is governed and interpreted according to the laws of Greece and EU legislation as they apply. Any disputes between the Parties from this Agreement, if not resolved amicably between the Parties, are subject to the competent courts of Athens.