Terms of Use

1. Identification of the provider

Inversiones Anaguaya S.A.S., a company domiciled in Barranquilla, Colombia (hereinafter "the Company"), owns and operates the BoviMonitor platform (hereinafter "the Platform"): a software-as-a-service (SaaS) offering for animal supplementation control and grazing management on farms, available as a web application and an Android mobile application.

2. Acceptance of these Terms

Accessing and using the Platform implies full acceptance of these Terms. On first sign-in, express acceptance is requested and an immutable record of the date, time and accepted version is kept. If you do not agree, you must refrain from using the Platform.

The version in force is the one published on this page. These Terms are complemented by the Privacy Policy, which forms an integral part of the agreement.

3. Definitions

4. Account, credentials and users

• The Customer must provide truthful information and keep it up to date.
• Credentials are personal and non-transferable. Any activity carried out with them is presumed to have been performed by their holder.
• The Customer manages the Users of its Account and their roles, and is responsible for the use they make of the Platform.
• In the event of any unauthorized use, the Customer must immediately notify the Company and change its credentials.
• The service is intended for people over 18 years of age in the context of professional livestock operations.

5. Description of the service

The Platform is offered as two independently contractable modules — Supplementation and Grazing and Pastures—, each with Basic and Suite tiers. A Farm may contract one or both. The features available at any given time depend on the modules and tiers contracted for that Farm.

The Android application operates under an offline-first model: it allows field operations to be recorded without an internet connection and synchronizes the records when the device regains connectivity.

The Company may evolve, add or modify features. It will not remove substantial functionality from an already contracted tier without reasonable prior notice to the Customer.

6. Subscription, fees and billing

• The subscription is charged per Farm, not per user. The number of users is unlimited.
• Each module and tier has its own monthly fee. If a Farm contracts both modules, billing is the sum of the corresponding fees.
• The applicable fees are those stated in the quotation or service order accepted by the Customer. They are not published in this document because they vary by country, number of farms and commercial conditions.
• Planned animal quota: each Farm includes a quota of planned animals. Exceeding it requires contracting additional quota blocks; until they are contracted, the Platform does not allow activating plans that exceed the available quota, although such plans may be kept as drafts.
• Any applicable taxes are borne by the Customer.
• Fee changes are notified at least 30 days in advance and apply from the following billing cycle.

7. Acceptable use

The Customer and its Users shall refrain from:

• Reselling, sublicensing or providing the service to third parties, except under a written distribution agreement with the Company.
• Reverse engineering, decompiling or attempting to extract the source code of the Platform.
• Performing mass automated access, systematic data extraction or unauthorized load testing.
• Breaching or circumventing access controls, roles, module entitlements or quotas.
• Uploading unlawful content or third-party content to which they hold no rights.
• Deliberately recording false information as evidence of execution, including photographs or locations that do not correspond to the operation actually performed.
• Artificially splitting a single farm into several farms in the system in order to increase the included quotas. The Company may reclassify farms or adjust billing if it detects such a practice.

8. Customer Content and data ownership

Customer Content is and remains the Customer's. In order to provide the service, the Customer grants the Company a limited, non-exclusive and revocable license to host, process, back up and display it, for the sole purpose of operating the Platform, providing support and complying with legal obligations.

The Company does not sell or transfer Customer Content to third parties. It may use aggregated and anonymized data —which does not allow the Customer, its farms or its users to be identified— for statistical purposes and product improvement.

The Customer may export its information from the Platform while the subscription is active and during the subsequent period stated in section 13.

9. Evidence, location and accuracy of information

The Platform records, organizes and reports what its Users enter; it does not itself verify or certify what happened in the field. In particular:

• Coordinates come from the device GPS and their accuracy depends on the equipment, network coverage and terrain conditions.
• Photographs evidence the capture of an image at a given moment, not necessarily the fact they are intended to document.
• When operating without connectivity, records only appear in the web application once synchronized; a report consulted before synchronization may be incomplete.
• Calculations of compliance, consumption, stock, inventory days, purchase suggestions and pasture rest periods are derived from the data entered and the parameters configured by the Customer.

The Platform is an operational recording and control tool. It does not constitute veterinary, nutritional, animal science, agronomic, accounting or legal advice. Decisions on herd management, diet formulation, input purchasing and pasture rotation are the sole responsibility of the Customer and its advisors.

10. Availability, maintenance and support

The Company seeks to keep the service continuously available but does not commit to a specific service level (SLA) in this version. It may carry out scheduled maintenance, aiming for low-impact windows and giving prior notice where an interruption is anticipated.

During an interruption of the cloud service, field operations remain available in the Android application thanks to offline operation; records are synchronized once the service is restored.

Support is provided by email at info@app-bm.com.

11. Intellectual property

The software, its code, design, interfaces, databases, trademarks —including BoviMonitor— and the associated documentation are the property of the Company or its licensors. These Terms grant only a limited, non-exclusive, non-transferable and revocable right of use for the duration of the subscription. No other ownership right is transferred.

12. White label and distributors

The Platform may operate under a third party's brand (distributor or sponsor). The presence of another brand, logo or color does not change:

• who provides the service, which remains the Company;
• who is the controller of personal data;
• the application of these Terms and of the Privacy Policy, which govern in all cases.

Commercial agreements between the Customer and a distributor are outside the Company's scope and are not enforceable against it.

13. Suspension and termination

• The Customer may cancel its subscription at any time, effective at the end of the billing cycle already invoiced. There is no refund of invoiced fractions, unless otherwise agreed.
• The Company may suspend access for non-payment, upon notice, and suspend or terminate the service for material breach of section 7 or by order of a competent authority.
• Once the relationship ends, Customer Content is retained for 90 days to allow its export. After that period it is permanently deleted, subject to the retention exceptions set out in the Privacy Policy.

14. Changes to these Terms

The Company may update these Terms. Where changes are material, notice will be given by email or through a notice on the Platform, and a new version will be published, whose express acceptance will be requested on sign-in. Continued use after a non-material change implies acceptance.

15. Warranties

The service is provided "as is", without warranties other than those that Colombian law does not permit to be excluded. The Company does not warrant that the Platform is free of errors or that its results will meet any particular productive objective.

16. Limitation of liability

Except in cases of willful misconduct or gross negligence, and to the extent permitted by applicable law:

• The Company is not liable for indirect damages, loss of profit, loss of production, loss of animals, or for management decisions taken on the basis of information from the Platform.
• Its total aggregate liability shall not exceed the amount actually paid by the Customer during the 12 months preceding the event giving rise to the claim.

17. Force majeure

Neither party shall be liable for failures arising from events beyond its reasonable control, including failures of cloud or connectivity providers, power outages, natural disasters or acts of authority.

18. Personal data

The processing of personal data is governed by the Privacy Policy, which forms an integral part of these Terms. Habeas data requests are handled at privacy@app-bm.com.

19. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Colombia. Any dispute shall be submitted to the competent courts of Barranquilla, Colombia, waiving any other venue, without prejudice to actions before the Superintendency of Industry and Commerce in matters of personal data protection and to mandatory consumer protection rules where applicable.

20. Final provisions

• Assignment: the Customer may not assign its contractual position without written authorization. The Company may assign it in the event of a corporate reorganization, informing the Customer.
• Severability: if any provision is held invalid, the remainder shall remain in full force.
• Entire agreement: these Terms, the Privacy Policy and the accepted service order constitute the entire agreement between the parties.
• Language: this document is published in Spanish, English and Portuguese. The Spanish version is the only binding one; the others are courtesy translations and, in the event of any discrepancy, Spanish prevails.

21. Contact