Terms and Conditions

Terms and Conditions for Qamhawey Application by Mahaseel

App usage:

The main functionalities is:

1. 1. Disease detection: Is to upload pictures of plants that are affected by a disease or pest in order to receive an automated analysis of what the disease or pest possibly is. If you upload a picture of a plant.
2. 2. AI Chat: Is to ask AI any question in agriculture sector including diseases questions and general questions.
3. 3. Weather forecast: Is to gave the ability to the user to know his farm weather forecast for 10 days after adding his farm location.
4. 4. Content: Is to gave user huge data base including many articles and new about crops and agriculture trends in the region.

We collect in connection the following data:

1. 1. User ID.
2. 2. Location (latitude, longitude, alteration, mobile network provider), if provided by you.
3. 3. Timestamp Image source (image taken with App or uploaded from device storage).
4. 4. Locale of the App and your device (ISO country code).
5. 5. Network type (e.g., mobile 3G, mobile 4G, WIFI).For the purpose of improving the analysis results and algorithms, and improving the performance, stability, security and user experience of the App, based on a Legitimate Interest in these purposes. Under no circumstances do we use the data collected for the purpose of drawing conclusions about you personally. For the latter purposes, we will store and process the data for the lifetime of the Services (without prejudice for any 'right to be forgotten' request from you). Generally, after your User ID has been deleted. The data is anonymous. However, in individual cases you may still be indirectly identifiable through the location data (e.g., if you take images on your private property); we will not undertake any efforts to identify you by this data, and will not co-operate in doing so unless we are legally obliged and ordered to do so by a competent authority or court. This data is processed for Performance of Contract in order to analyze the possible disease of pest in order to connect the image to your account.

Terms of Use:

("Terms of Use") is to be read in conjunction with the Mahaseel Privacy Policy ("Privacy Policy") as provided on the mobile software application titled: Qamhawey ("Application").Application shall be collectively referred to as "Platform".
For the purpose of these Terms of Use, wherever the context so requires "You", "Your" or "User(s)" shall mean any natural or legal person who has agreed to become a user of the Application by browsing, accessing, using, signing up and creating an Account on the Application. The term "We", "Us", "Our" shall mean the Company. Your use of the Application is governed by the following terms and conditions as set out in these Terms of Use which are incorporated herein. By accessing, browsing and using the Application, you indicate Your consent to these Terms of Use. You shall be contracting with Company and these Terms of Use including the Privacy Policy incorporated in the Application constitute Your binding obligations with the Company vis-à-vis Your use of the Application. If You disagree with any part contained in these Terms of Use, please do not access, the Application.

Eligibility to Use:
Company reserves the right to refuse access to use the Application to new Users, or to terminate or suspend access granted to existing Users or Your use of the Application, and remove, block and discard any content from the Application, at any time at its discretion and without according any reasons for doing so.

Your use of the Application:
The Company is a Egyptian company which develops software for image recognition and plant protection. The Company has developed the Application. The Application is a mobile decision support tool for farmers, based on image recognition and artificial intelligence. The Application offers an image-based remote analysis of smartphone images of plant damages. Photos may be uploaded by the Users. The Application is a tool for analyzing and determining the distribution of plant diseases and pests. The identification and analysis are carried via the transfer of photos and location information initiated by the User. The photos submitted by the User(s) are examined for plant diseases and pests and later analyzed statistically. The results of the analysis are later anonymized, used to produce informational graphics including maps and are published by the Company using the Application. Furthermore, the Application also contains a library which lists various plant damages/diseases and provides information, for example, about possible ways to fight the disease or the pest. In addition, the Application offers current and forecasted weather data on temperature, precipitation and wind. Users create a profile on the Application in order to participate and then can post their pictures and/or questions and receive answers from application. The Application contains description of the Company, products and services offered by the Company that include:
Information about the Company and Company's leadership; Description of the products and services offered by the Company, specifications of the product, Option to create, log-in and maintain User accounts; Option to express interest in the Company's product(s), make enquiries related to the products, pre-book a product, and request trials; Option to contact the Company to make enquiries; The blog created, maintained and updated by the Company to post any updates, news, features of Company's product and services; Options for the User to provide any comments and feedback to the services offered by the Company or products of the Company.

For the provision of the above-mentioned services, the Company will be requesting and using the information of the User for the purpose mentioned above. You also have the option to call a regional support center to talk directly customer support. By using and/or registering yourself at the Application, and providing Your personal data including but not limited to name, addresses, phone numbers or other personal information, you authorize and provide your consent to the Company to collect, store, export, process, use and transfer your personal data for the purposes of managing, maintaining, enhancing and administration of the Application and to contact you to provide agriculture advisory services or other services. The collection, storing, export, processing, use and transfer of information shared by the User shall be governed in accordance with the Privacy Policy. You permit the Company to produce these Terms of Use to any governmental authority or agency, judicial authority or regulator as proof of Your consent for you.

User Account:

You have an option to register and create a user account on the Application (“Account”). You may use the account to avail services offered by the Company, including but not limited to expressing pre-order interest, requesting a trial and pre-booking of Company’s products, signing up for the Company’s blog and to communicate with the Company. The Account is accessible by the unique username and password provided to the User by the Company when You chose to Sign Up on the Application thereby creating an Account. The said username and password should be kept highly confidential and should not be disclosed to any third party. You agree to accept responsibility for all activities that occur under Your Account and using Your Account password. You should take all necessary steps to ensure that the password to Your Account is kept confidential and secure and should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner. You shall ensure that the Account Information provided by You in the Application’s registration form is complete, accurate and up-to-date. Use of another user’s Account information for availing the services is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Application (or any portion thereof).

Privacy and Data Protection:

Please review Our Privacy Policy, which also governs Your use, access and visits to this Application. The personal information / data provided to Us by You during the course of usage of the Application and use of Your Account will be treated as confidential and in accordance with the Privacy Policy and applicable laws and regulations. If You object to Your information being transferred or used in the manner as specified under the Privacy Policy, please do not use the Application. The Company may also transfer this information to third parties where required to do so by law or upon request from governmental, judicial, regulatory or statutory agencies or authorities. User Generated Content You shall be responsible for any comments, notes, messages, emails to the Company, postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information sent by You or posted to the Application and/or to Us (collectively, “User Content”). You hereby agree to grant Us unlimited, worldwide, perpetual, royalty free and transferable rights in such User Content. Further, the Company may use the User Content or any of its elements for any type of use in perpetuity, including but not limited to promotional and advertising purposes, monetization and in any media whether now known or hereafter devised, including but not limited to the creation of derivative works that may be monetized and may include the User Content You provide. You agree that any User Content You post may be used by Us, consistent with Our Privacy Policy as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Rights of use:

The Company grants You limited personal, revocable, non-exclusive, non-transferable rights to access and make personal use of the Application, but not to download (other than page caching) or modify it, or any portion of it. These rights do not include any rights or permission for commercial use of Application or its contents; any collection and use of any content, descriptions, or any other information; any derivative use of this Application or its contents; any downloading or copying of Account information for the benefit of a third-party; or any use of data mining, robots, or similar data gathering and extraction tools. The Application or any portion of the Application (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited by the User(s) for any commercial purpose. All rights, title and interest in the Application and all intellectual property rights and other proprietary rights in the Application, including but not limited to its constituents, content, text, images, audios, audio-visuals, literary work, artistic work, specifications, instructions, abstracts, software, source code, object code, domain names, application names, and all other elements, data, information and materials therein (“Materials”) are the property of the Company and/or its licensors and are protected under laws of Egypt and other jurisdictions in the world. The Company retains full, complete and absolute rights, title and interest in the Application and all intellectual property rights and other proprietary rights therein.

Your Conduct:
You understand that You, and not the Company, are responsible for all electronic communications and content (including User Content) sent from Your computer, mobile or any other device to Us and you must use the Application for lawful purposes only. You must not use the Application and/or upload User Content which may be used for the following:

• in any way that causes, or is likely to cause, the Application or access to it to be interrupted, damaged or impaired in any way;
• for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
• to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information (including but not limited to unauthorized disclosure of a person’s name, email address, physical address, phone number or other personal or sensitive data) or right; or is otherwise injurious to third parties; or contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Egypt or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or which consists of or contains software viruses, political campaigning,
• commercial solicitation, chain letters, mass mailings or any spam; or contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
• to try to gain unauthorized access or exceeds the scope of authorized access to the Application or to profiles, blogs, account information, bulletins, or other areas of the Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; to engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Application;
• to create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
• to refer to any website, application or URL that, in Our sole discretion, contains material that is inappropriate for the Application or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
• to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application. We reserve Our right to bar or suspend any such activity;
• to probe, scan or test the vulnerability of the Application or any network connected to the Application nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Application, or any other customer, including but not limited to any account on the Application not owned by You, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Application;
• to make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us.

Company reserves the right to terminate or suspend your Account or access to the Application if Company at its sole discretion has reasons to believe that You have been involved in any of the activities mentioned above. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Application and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Application, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Application You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Application. Please carefully select the type of information that You publicly disclose or share with others on the Application. The Company may, in its sole discretion at any time and without incurring any liability, discontinue or cease operation of this Application and related services to You, or any part thereof, with or without notice to You. You acknowledge and agree that the Company may also immediately deactivate or delete Your Account and all related information and files in Your Account and/or bar any further access to such files or the Application and related services at its discretion, with or without notice to you.

Disclaimer:

The information, advice and materials available through the Application are not intended to constitute professional advice, diagnosis or treatment, or to substitute professional judgment. You assume full risk and responsibility for the use of information You obtain from or through this Application, and You agree that the Company is not responsible or liable for any claim, loss, damage, cost, expense or liability arising from the use of the information advice, materials and the Application. You acknowledge that the Company does not originate, select, moderate or modify any content generated by other Users, and has no control over Your interactions with other Users. Any interaction You have with any other Users or third parties is at your sole risk and cost. We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, title and non-infringement or legality of the information advice, materials or products listed or displayed or the content (including but not limited to product information and/or specifications) on the Application. While we have taken reasonable precautions to avoid inaccuracies in the content and the Application, the Application and all content, information, software, products, advice, services, materials, User Content and related graphics are provided ‘as-is’ and ‘where-is’, without warranty (express or implied) of any kind. The Company and its affiliates do not facilitate sale and purchase of goods and services, partnerships or any other relationships You may have with other Users. The Company will not mediate in any disputes You may have with other Users.

Advertisers/ Third Party Links on the Application:

The Company accepts no responsibility for advertisements or any third-party links contained within the Application. Company has no control over and accepts no responsibility for the content of any website or mobile application to which a link or reference from the Application exists. Such linked websites and mobile applications are provided “as is” for User’s convenience only with no warranty, express or implied, for the information provided within them. Company does not provide any endorsement or recommendation of any third-party website or mobile application to which the Application provides a link.

Indemnity and Release:

You shall defend, indemnify and hold harmless the Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of our possession and use of User Content, Your breach of these Terms of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party, including any intellectual property rights or proprietary rights. Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company, including rights to settle, and You agree to cooperate with Company’s defense and settlement of these claims. Company will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these Terms of Use.

Limitation of Liability:

Company will not be liable to You or any third party for any indirect, incidental, special, exemplary, punitive or consequential losses or damages, or for loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure arising from or in connection with the Application or these Terms of Use. To the maximum extent permitted by law, You waive, release, discharge and agree to defend, indemnify and hold harmless the Company from any and all claims, actions, losses, damages or liabilities arising out of or in relation to Your access or use of the Application.

Notice and Take Down:

If You feel that any information provided within the service is objectionable, incorrect or infringes Your rights, you may notify the Company. Upon such notification, and subject to Our obligations under applicable laws, the Company will endeavor to check the objectionable information and on evaluation will respond as soon as possible to the notifications sent to the Company and where necessary, will remove or disable access to this information (notice and take down process).

Change of the Terms and Conditions:

The Company may update the Application, Privacy, and these Terms of Use at any time, with or without advance notice. In the event there are updates made to the Application, Privacy Policy, and these Terms of Use, The Company will display a notice on the Application. Unless stated otherwise, these policies and Terms of Use shall apply to any and all use of the Application. Notwithstanding the above, The Company shall not be required to notify You of any changes made to the Application, policies, and these Terms of Use. If You use the Application after notice of changes have been published on the Application, you hereby provide Your consent to the changed practices.

Miscellaneous:

1. Severability:
   We have taken every effort to ensure that these Terms of Use adheres with the applicable laws. The invalidity or unenforceability of any part of these Terms of Use shall not prejudice or affect the validity or enforceability of the remainder of these Terms of Use.
2. Events beyond our reasonable control:
   Company will not be held responsible for any delay or failure to comply with its obligations under these Terms of Use if the delay or failure arises from any cause which is beyond Company’s reasonable control. This condition does not affect Your statutory rights.
3. Waiver:
   Any rights or remedies under these Terms of Use may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
4. Assignment:
   The Company may, at its sole discretion, assign, novate or transfer these presents to its affiliates, third party, successor or assigns.
5. Governing law and Jurisdiction:
   These Terms of Use are governed by and construed in accordance with the laws of Egypt. Any dispute arising out of or in connection with the use of the Application or these Terms of Use shall be subject to the exclusive jurisdiction of the courts in Egypt.
6. Questions, Feedback and Grievances:
   Users have complete authority to share feedback regarding the content of the Application or file a complaint if they are disappointed by content of the Application. You can give Your feedback or complaint in writing or by way of an email to the grievance officer mentioned below:
   Email ID: info@mahaseel.net

Additional:

1. Acceptance of Terms and Conditions:
   By downloading, installing, accessing, or using the Qamhawey Application provided by Mahaseel Company, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with these terms, please refrain from using the Application.
2. Eligibility:
   You must be at least 18 years old to use the Application. By using the Application, you represent and warrant that you are at least 18 years old.
3. Product Information:
   Qamhawey by Mahaseel provides accurate and up-to-date information about agriculture products on the Qamhawey Application. However, Mahaseel does not warrant the accuracy, completeness, or reliability of any product descriptions, specifications, or other information on the Application.
4. Ordering and Payment:
   a. Order Placement: You may place orders for agriculture products through the Qamhawey Application.
   b. Payment:  All payments must be made through the provided payment methods. Mahaseel accepts various payment options, and you agree to provide accurate and complete payment information.
   c. Order Confirmation:  Upon successful payment, you will receive an order confirmation via email, SMS or within the Application. The order confirmation serves as proof of your purchase.
5. Cancellations and Returns:
6. Cancellations: You may cancel an order before it is dispatched. Once dispatched, orders cannot be canceled.
7. Returns: Mahaseel accepts returns within a specified period, provided the products are in their original condition.
8. Disclaimer of Warranties:
   Mahaseel makes no warranties, expressed or implied, regarding the Application or the products sold through it. Use the Application and products at your own risk.
9. Limitation of Liability:
   Mahaseel shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the Application or the purchase of products.
10. Changes to Terms and Conditions:
    Mahaseel reserves the right to update, modify, or revise these Terms and Conditions at any time. You are responsible for regularly reviewing the terms. Continued use of the Application after changes constitutes acceptance of the modified terms.

By using the Qamhawey Application by Mahaseel, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you have any questions, please contact Mahaseel’s customer support.

Additional:

A.  User Responsibilities:

1. You are solely responsible for any activity that occurs under your account.
2. Ensure the accuracy and security of the information provided during account creation.

B.  AI Chat:

1. The AI Chat function is designed to provide information related to the agriculture sector.
2. The responses generated by the AI are based on available data and should not be considered as professional advice.
3. We do not guarantee the accuracy, completeness, or reliability of the information provided by the AI Chat.

C.  Weather Forecast:

1. The Weather Forecast function allows users to access farm-specific weather information for up to 10 days.
2. Users must accurately input their farm location to receive relevant and reliable weather forecasts.
3. The weather data provided is sourced from reputable sources, but we do not guarantee its accuracy or timeliness.

D.  Content:

1. The Content function offers access to a database of articles and news related to crops and agricultural trends.
2. The information provided in the content section is for informational purposes only and should not be considered as professional advice.
3. We do not endorse or take responsibility for the accuracy of third-party content displayed within the app.

E.  User Conduct:

1. Users are expected to use the app in compliance with applicable laws and regulations.
2. Any misuse, abuse, or violation of these terms may result in the termination of your account.

F.  Modification of Terms:

1. We reserve the right to modify or update these terms at any time without prior notice.
2. Users are encouraged to review the terms periodically to stay informed about any changes.

G.  Disclaimer of Liability:

1. The company and its affiliates shall not be held responsible for any direct or indirect damages resulting from the use of the app or its features.
2. The app is provided on an “as-is” basis, and we make no warranties, express or implied, regarding its functionality or accuracy.

H.  Termination:

1. We reserve the right to terminate or suspend your account at our discretion, without prior notice.
2. Upon termination, you will lose access to all app features.

By using Qamhawey by Mahaseel , you agree to abide by these terms and conditions. If you do not agree with any part of these terms, please refrain from using the app.