Terms and Conditions of Use

These Terms and Conditions of Use (the “Terms”) govern access to and use of Harvis by Tecde, including the website, dashboards, applications, integrations, WhatsApp, SMS and other enabled channels (the “Service”). The Service is provided by TECDE COLOMBIA S.A.S., NIT 901.993.409-7, and/or TECDE INC., EIN 61-2164854, according to the applicable territory and business relationship (collectively, “Tecde”).

By creating an account, using the Service, or allowing an organization to grant access, the user represents that they have capacity to contract and accepts these Terms. If acting on behalf of a company or organization, the user represents that they have authority to bind it. The processing of personal data is governed by the Privacy Policy, which is a supplementary part of these Terms.

When a company, cooperative, federation, agribusiness, marketer or other entity (the “Organization”) purchases Harvis, the person accepting these Terms on its behalf represents that they have sufficient authority to bind it. The Organization is responsible for the acts of its Authorized Users, including administrators, employees, contractors, extension workers and all other people to whom it enables access.

The Organization must appoint one or more administrators and keep the contact, billing and authorization information of its Authorized Users current. Administrators may invite users, assign or remove roles, configure the workspace, and request support on behalf of the Organization, within the authority granted by it.

The Organization is responsible for periodically reviewing access, promptly removing departed users, and protecting credentials. Access to information within the Organization depends on the assigned role; no one may attempt to access unauthorized data, accounts, farms, plots, files or services.

A producer, farmer, livestock farmer, field worker or other individual user (an “Affiliated Producer”) may access Harvis through an invitation, enablement or relationship with an Organization, or directly through an individual plan. When access is through an Organization, the Affiliated Producer must comply with these Terms and the reasonable rules of use communicated by that Organization.

The Affiliated Producer retains rights over their personal data under the Privacy Policy. However, they acknowledge that operational, agronomic or commercial information generated in an Organization’s workspace may be visible to that workspace’s administrators and Authorized Users, according to their role, configuration and the existing commercial or associative relationship.

Harvis does not create an employment, agency, partnership, supply, sale or direct professional advisory relationship between Tecde and the Affiliated Producer, or between an Organization and its Affiliated Producers. Each Organization is responsible for its relationships, incentives, technical assistance, purchases, payments, communications and decisions concerning its producers.

In enterprise deployments, the Organization determines the purposes and means of processing data added to its workspace and acts as controller when regulations so provide. Tecde acts as technology provider and, where it processes data on the Organization’s behalf, as processor under the commercial contract and applicable data processing agreement. Those documents prevail between Tecde and the Organization if they contain specific conditions.

The Organization warrants that it has a legal basis to upload, view, use, share and request the processing of personal data of Affiliated Producers, employees, customers, suppliers or other data subjects. It must also provide privacy notices, obtain the relevant consents and respond to data-subject requests where it is responsible.

Tecde may provide reasonable technical assistance for privacy, security or data-export requests, subject to the contract and applicable law. Requests concerning information managed by an Organization may require its coordination or validation in order to protect third-party rights, workspace integrity and contractual obligations.

Enabled channels depend on the purchased service tier. Harvis Free is provided through the commercial chat identified as comercialnew on WhatsApp. Harvis Lite is provided through the individual mobile app. Organizations access through a web dashboard and mobile app for their authorized internal team, while Affiliated Producers interact through WhatsApp channels enabled by the Organization or Tecde. Users are responsible for maintaining compatible devices, connectivity and data plans; their carrier may charge for messages or data, and Tecde neither controls nor assumes those charges.

By providing a telephone number and requesting or accepting communications, users authorize operational messages about their account, security, support, service or transactions. Marketing communications by WhatsApp or SMS will be sent only where the law-required consent exists and may be cancelled through the mechanism stated in the message, by replying STOP for SMS where available, or by writing to info@tecde.co.

WhatsApp, SMS and telecommunications operators are third-party services. Message delivery may be affected by connectivity, those providers’ policies, spam filters or circumstances outside Tecde’s control. Do not use these channels to share passwords, complete financial information, or unlawful or sensitive content.

When the Organization uses Harvis to communicate with Affiliated Producers or third parties, it must have required permissions, consents and legal bases, respect opt-out choices, and use only templates, recipient lists and content that comply with applicable law and messaging-provider policies. The Organization may not send spam, deceptive campaigns, prohibited content or messages to people who have withdrawn consent.

Harvis offers individual and enterprise service tiers. Features, usage limits, prices, taxes, billing periods, renewals and special terms are stated in the applicable offer, purchase order, commercial proposal or contract. In the event of a conflict, the enterprise contract or purchase order prevails over these Terms.

Payments are processed through authorized providers. The user or Contracting Entity must provide correct billing information and pay amounts due on agreed dates. Except where mandatory law provides otherwise, accrued payments are non-refundable and cancellation prevents future charges, but does not automatically erase information or outstanding obligations.

Quotas, message limits, storage, users, integrations, support and other plan characteristics apply to the Organization or individual account that purchases them. They may not be transferred, resold or shared outside the purchased scope without Tecde’s written authorization. Use exceeding contracted limits may require a plan change, result in previously disclosed additional charges, or temporarily limit the affected functionality.

• Harvis Free — comercialnew chat. A free, individual and limited tier that works through the comercialnew WhatsApp chat. Available requests, records and functions are subject to current limits communicated in the chat or official channels. It does not include access to the web dashboard or mobile app unless Tecde expressly states otherwise.

• Harvis Lite — individual mobile-app plan. A paid individual tier for personal use through the mobile app. Scope, price, trial period, limits and features are disclosed before subscription. Harvis Lite does not include WhatsApp support or web-dashboard access, unless a current written offer expressly states an additional feature.

• Harvis for organizations. The tier purchased by companies and organizations. It includes the web dashboard and mobile app for administrators, employees, extension workers and other authorized internal staff; Affiliated Producers receive WhatsApp support within the scope set by the Organization. The enterprise contract determines applicable modules, users, volumes, support and commercial terms.

Users agree to use the Service lawfully, safely and in accordance with these Terms. The following are prohibited:

• Unlawful or harmful use. Using Harvis to violate the law, harass, discriminate, threaten, defraud, distribute malware or infringe third-party rights.

• Interference. Circumventing security controls, conducting penetration tests without written authorization, abusively automating requests, massively copying data or affecting Service availability.

• Impersonation and improper data. Impersonating identities, creating unauthorized accounts, uploading third-party data without a legal basis, or sharing credentials.

• Unsafe agronomic use. Applying recommendations without professional validation where context requires it, or using the Service to replace regulatory obligations, certifications or technical decisions requiring a qualified professional.

Users retain rights over content contributed to the Service—including messages, images, documents, field data and records—and warrant that they have the rights, permissions and legal bases necessary to upload it. They grant Tecde a non-exclusive, worldwide, royalty-free license, limited to the necessary period, to host, reproduce, process and display that content solely to operate, protect, improve and provide the Service under the Privacy Policy and applicable contract.

Between an Organization and its Affiliated Producers, ownership, use permissions and access to operational or commercial information are governed by their own relationship and agreements. Tecde does not decide or resolve disputes concerning that ownership. The Organization and its users must clearly agree and communicate what information is shared in the workspace and for what purpose.

Harvis, its trademarks, software, designs, documentation, databases, content and other protected elements are the property of Tecde or its licensors. These Terms grant users no intellectual-property right other than a limited, revocable, non-exclusive and non-transferable license to use the Service while their account remains active.

Harvis uses artificial intelligence to support inquiries and generate answers, recommendations and reports. Its results may be incomplete, contain errors, depend on user-supplied data, or not fit the particular conditions of a farm, crop, climate, input or regulation.

The Service is an informational and support tool; it does not replace the judgment of an agronomist, technician, veterinarian or other qualified professional. Before implementing a recommendation, users must assess its suitability and, where appropriate, validate it with a professional. Tecde does not guarantee specific yield, pest-control, productive, health, economic or regulatory outcomes.

Tecde seeks to keep the Service available and secure, but does not guarantee uninterrupted, error-free operation or compatibility with all devices. We may carry out reasonable maintenance, updates, backups, modifications or suspensions to protect the Service or meet legal obligations.

Third-party integrations and services, including Meta/WhatsApp, cloud providers, payment gateways, map systems and telecommunications operators, are also governed by their own terms. Tecde does not control their changes, interruptions or policies and is not responsible for damage caused exclusively by those services, without prejudice to legally applicable obligations.

To the maximum extent permitted by law, the Service is provided “as is” and “as available.” Tecde does not warrant that the Service will meet every user need or that its results will be error-free. For business customers, Tecde’s total cumulative liability for Service-related claims is limited to the amount actually paid by that customer to Tecde during the twelve (12) months before the event giving rise to the claim.

The foregoing limitation does not apply to willful misconduct, gross negligence, obligations that cannot be limited by law, or non-waivable consumer rights. For consumers, applicable consumer-protection provisions, including Law 1480 of 2011, will be observed. Nothing in these Terms seeks to exclude liability that the law prohibits excluding.

To the extent permitted by law, the user or Contracting Entity will indemnify Tecde against third-party claims arising from its content, unlawful use of the Service, breach of these Terms, or lack of authorization to process third-party data.

We may suspend or cancel access, with prior notice where reasonably possible, if we detect breach of these Terms, a security risk, fraud, legal obligation, non-payment or use affecting other users or the Service. Users may stop using the Service or request deletion of their account under the Privacy Policy and applicable contractual conditions.

Termination does not extinguish accrued payment obligations, confidentiality obligations, intellectual-property restrictions or retention periods required by law, contract, claim defense or temporary backups.

We may update these Terms to reflect legal, operational or Service changes. We will publish the current version on this page and indicate its update date. If a change is material, we will provide any additional notice required by law. Continued use of the Service after changes take effect constitutes acceptance, except where the law requires separate consent.

For users located in Colombia, these Terms are governed by Colombian law and disputes are submitted to Colombia’s competent authorities. For other users, the law of the State of Delaware, United States, may apply, without prejudice to mandatory consumer-protection and personal-data rules that apply. For questions about these Terms, contact info@tecde.co.