Version: 0.1 (draft) · Effective from: [DATE]
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[OPERATOR NAME], [OPERATOR ADDRESS], NIF [OPERATOR NIF], e-mail [OPERATOR EMAIL]
("we", "us", "Verdaneo").
These terms govern your use of the Verdaneo web application. They do not govern the sale
or installation of the irrigation hardware, which is a separate contract with the installer who
sold it to you and who invoices you directly.
**[DECISION NEEDED — see the flag at the end: is the app supplied by you, or by the installer
as part of the hardware package? The answer changes who owes the consumer conformity
obligations under Decreto-Lei n.º 84/2021.]**
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Verdaneo lets you define irrigation zones and watering schedules, shows a weather forecast for
your garden's location, decides whether to skip a scheduled run when rain is likely, and sends
on/off commands to your irrigation valves.
Verdaneo is control software. It is not a safety device, not a flood-prevention system,
and not a substitute for a correctly installed and mechanically protected irrigation
installation.
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1. Access requires a licence code in the form `GF-XXXX-XXXX-XXXX`, supplied with your
irrigation system.
2. One code = one account. A code can be redeemed exactly once. Once redeemed it is bound to
that account and cannot be transferred to another account, resold, published, or shared.
3. You are responsible for your login credentials and for everything done through your account.
Choose a strong, unique password and tell us immediately at [OPERATOR EMAIL] if you think
someone else has access.
4. You may not create accounts by automated means, attempt to guess or brute-force licence
codes, or share one account among people outside your household.
5. [DECISION NEEDED] Whether a licence may be transferred when the property or the
irrigation system is sold to a new owner, and how that transfer is performed.
You may use Verdaneo for your own garden(s). You may not:
licence check;
(e.g. interoperability under the Portuguese software-copyright rules);
operate;
municipality or by drought regulations. **Complying with local water restrictions is your
responsibility, not the software's.**
We may suspend an account that is being used this way, and will tell you why.
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This section is the important one. Please read it.
1. You remain responsible for your water installation. You decide the schedules, durations
and thresholds. Verdaneo executes what you configure.
2. You must have a mechanical failsafe. Your installation must be able to fail safe without
the software: at minimum a manual shut-off valve you can reach, and we strongly recommend a
mechanical or independent electronic safety device (a timer valve with its own cut-off, a
flow limiter, a leak/flow sensor, or a normally-closed valve) that stops the water even if
Verdaneo, your internet connection, your relay or the cloud device platform fails or
behaves unexpectedly.
3. Known behaviours you must understand before you rely on Verdaneo:
scheduled runs are not executed and you cannot stop a run from the app.
device platform or your network then becomes unreachable, the software will keep retrying
the "off" command, but it cannot guarantee that the valve physically closes. Only a
mechanical shut-off can guarantee that.
trying for the catch-up window you configure (60 minutes by default) and then starts the
run for its full duration when the device comes back. A run can therefore begin later
than the time on the schedule.
two thresholds you set, Verdaneo asks you whether to water. **If you do not answer within
the grace period, it waters anyway.** You can change the thresholds and the grace period.
measured by a soil sensor. Do not treat it as a measurement.
guarantee that it will skip watering before rain, or that it will water before drought.
skipped run is not automatically rescheduled.
4. Water consumption is billed to you by your water supplier. Verdaneo gives no guarantee
about the volume of water used, and a configuration error, a stuck valve or a failure of any
component can cause a large water bill.
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We provide the service with reasonable skill and care, and we will make reasonable efforts to
correct faults you report.
We give no guarantee of any horticultural result. In particular we do not warrant that your
plants, lawn, crops, trees or garden will survive, thrive, be adequately watered, or avoid
over-watering. Plant health depends on soil, weather, disease, the hardware, the water supply
and your settings — none of which the software controls.
Mandatory consumer rights are not affected. If you are a consumer, you keep all rights under
Decreto-Lei n.º 84/2021 (conformity of digital content and services), the Consumer Protection
Act (Lei n.º 24/96) and other mandatory Portuguese and EU law. Nothing in these terms removes,
limits or shortens those rights, and where a clause here conflicts with a mandatory consumer
right, the mandatory right prevails.
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1. We are fully liable, without limitation, for death or personal injury caused by our
negligence, for wilful misconduct and gross negligence, and in every other case where
Portuguese law does not permit liability to be limited. Nothing below limits that.
2. Subject to clause 7.1, and to the extent permitted by law, we are not liable for:
resulting from a valve that opened, failed to close, or was operated at an unintended time;
device platform (for example Shelly) being unavailable, delayed or faulty;
to restore.
3. [DECISION NEEDED — liability cap.] Any cap on our liability must be a real number and
must be fair, otherwise a Portuguese court will strike it out. Because the customer typically
pays the installer rather than us, a cap expressed as "the amount you paid us" may be zero
and therefore unenforceable. Decide the figure with a lawyer, e.g. "the price paid for the
licence" or a fixed amount per event, and insert it here.
4. Consumers: these limits apply only so far as consumer law allows.
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1. Verdaneo is provided without any guaranteed uptime or service level. We do not promise
uninterrupted or error-free operation.
2. We may perform maintenance, and will try to schedule planned downtime outside typical
watering windows and to give advance notice where practical.
3. We may change or discontinue features. If a change materially reduces what you get, we will
inform you in advance and, where the law requires it, give you the right to terminate.
4. We depend on third parties (hosting, weather API, device platform). If they fail, the service
may fail with them.
5. [DECISION NEEDED] What happens if you stop operating Verdaneo permanently: how much
notice customers get, and whether an export or an offline/local fallback is provided. Say it
here — customers have bought hardware that depends on this service.
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1. The licence begins when you redeem your licence code and runs **[DECISION NEEDED: perpetual
for the life of the service, or a fixed term?]**.
2. You may stop using the service and delete your account at any time, from within the app.
Deleting the account deletes your data as described in the Privacy Policy. **A deleted
account cannot be recovered and the licence code is not re-issued — [DECISION NEEDED:
confirm, or allow the code to be re-redeemed; the current phrasing must match the code.]**
3. We may suspend or terminate your access if you seriously or repeatedly breach these terms
(section 4), after notice and, where the breach can be fixed, a reasonable chance to fix it.
In case of an immediate security threat we may suspend first and inform you immediately
afterwards.
4. On termination, your right to use the service ends. Before we delete anything for a reason
other than your own deletion request, we give you a reasonable opportunity to export your
data.
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[DECISION NEEDED — this section depends on decision 1.] If you buy the licence directly
from us at a distance, as a consumer you have a 14-day right of withdrawal under
Decreto-Lei n.º 24/2014, and we must provide the statutory withdrawal form and information. If
the licence is instead supplied by the installer as part of the hardware sale, the withdrawal
right applies to that contract, with the installer. Settle this and write the correct text here
before launch — an omitted withdrawal notice extends the withdrawal period by up to 12 months.
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How we handle personal data is described in the Privacy Policy (`privacy-policy.md`), which
forms part of your agreement with us for information purposes.
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We will notify you of changes before they take effect. If a change disadvantages you and you do
not accept it, you may terminate as described in section 9. Continued use after the effective
date means you accept the new version.
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1. These terms are governed by Portuguese law.
2. If you are a consumer resident in another EU country, you additionally keep the protection of
the mandatory law of your country of residence (Art. 6 Rome I Regulation).
3. Consumer dispute resolution (ADR). Portuguese law (Lei n.º 144/2015) requires us to tell
you which alternative dispute resolution entity is competent for disputes with us.
**[DECISION NEEDED — name the competent entity and its website; it depends on your district
and on the value of the dispute. CNIACC is the residual national entity; verify.]**
You may also use the EU online dispute resolution platform if it is available at the time.
**[VERIFY — the European Commission's ODR platform was scheduled to be shut down; check
before citing it.]**
4. Nothing here deprives a consumer of the right to bring proceedings in the courts of their
place of residence.
5. For business (non-consumer) users, the courts of [OPERATOR DISTRICT], Portugal, have
exclusive jurisdiction.
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closest lawful equivalent.
may transfer ours if the business is sold, provided your rights are not reduced; consumers may
terminate if that happens.
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