The ALMA company, a company organized and existing under the laws of France, registered with RCS Grenoble under number 317 495 546, with its principal office located at 15, rue Georges Perec, ZI des Glairons – 38400 St Martin d’Hères, France, provides a online automatic nesting web service called “Powernest Demo”.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “ACCEPTED AND AGREED,” EACH USER AGREES TO THESE TERMS OF SERVICE.
These Terms of Service constitute an agreement (this “Agreement”) by and between Alma (“Provider”) and each user of Provider’s online automatic nesting service (“Recipient”).
“Materials” refers to written and graphical content provided by or through the Service, including, without limitation, text, photographs, illustrations, and designs, whether provided by Provider, another customer of the Service, or any other third party.
“Recipient Data” refers to data in electronic form input or collected through the Service by or from Recipient. Recipient Data includes but not restricted to description of geometries, nesting related information, internet-IP address, MAC address and email address account login to identify the user.
“Service” refers to Provider’s “online automatic nesting” service. The Service includes such features as are set forth on Provider’s website (https://powernestlib.com), as Provider may change such features from time to time, in its sole discretion.
Provider will provide the Service to Recipient pursuant to its standard policies and procedures then in effect. The service is only intended to help Recipient assess Powernest’s nesting algorithms. Recipient shall not use the Service for any other purpose. Recipient is not authorized to sell or distribute the Service. The service is free of charge.
Materials, Software, & IP.
Materials. Recipient recognizes and agrees that: (i) the Materials are the property of Provider or its licensors and are protected by copyright, trademark, and other intellectual property laws; and (ii) Recipient does not acquire any right, title, or interest in or to the Materials except the limited and temporary right to use them as necessary for Recipient’s use of the Service.
IP in General. Provider retains all right, title, and interest in and to the Service, including without limitation all software used to provide the Service and all logos and trademarks reproduced through the Service, and this Agreement does not grant Recipient any intellectual property rights in or to the Service or any of its components.
THE SERVICE IS PROVIDED “AS IS” AND AS AVAILABLE, AND PROVIDER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Without limiting the generality of the foregoing, (i) PROVIDER HAS NO OBLIGATION TO INDEMNIFY OR DEFEND RECIPIENT AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; and (ii) Provider does not warrant that the Service will perform without error or immaterial interruption, and (iii) Provider does not warrant Service availability.
Access, Use, & Legal Compulsion. Unless it receives Recipient’s prior written consent, Provider will not give any third party the access to Recipient Data.
Notwithstanding the foregoing, Provider may disclose Recipient Data as required by applicable law or by proper legal or governmental authority. Provider will give Recipient prompt notice of any such legal or governmental demand and reasonably cooperate with Recipient in any effort to seek a protective order or otherwise to contest such required disclosure, at Recipient’s expense.
- Recipient’s Rights. Recipient possesses and retains all right, title, and interest in and to Recipient Data, and Provider’s use and possession thereof is solely as Recipient’s agent.
- Retention & Deletion. Provider will retain all Recipient Data until erased. If the recipient wants to erase recipient data, please write to ALMA 15 rue Georges Pérec 38430 ST MARTIN D’HERES. , or by email to email@example.com
- Hosting – Subcontracting: The user personal data is stored and processed electronically as well as the nesting optimization and placement is done Amazon Web Services infrastructure, us-west-2 data center in Oregon, United States. The nesting data is available for a period of 30 days for the users, but Alma can store the nesting data indefinitely. This data will help in improving the performance of our nesting service.
- Personal Data Breach: ALMA shall notify to the Client any Personal Data breach no later than 72 hours after having become aware of such breach unless such personal data breach is unlikely to result in a risk to the rights and freedoms of the Users. Such notification shall also be made to the French Control Authority, in compliance with art. 33 of GDPR. The Client shall transfer such information to the Users whose data have been breached; ALMA being expressly discharged of such notification.
- ALMA’s liability: The Client warrants that all User’s data transmitted to ALMA comply with all applicable rules and regulations regarding the use, collection, storage, and treatment of personal data.
In particular, Client warrants that such personal data, as the case may be, have been collected and treated in accordance with EU and French Regulations; and holds harmless ALMA against any claim from a third party regarding the use of such data, within the performance of ALMA’s obligations under this Contract.
In any case, ALMA’s liability towards the Client, in case of a claim by a User regarding use and processing of its Personal Data, based on joint liability enacted by art; 82.4 of GDPR, shall be limited to the amount set forth under the general “Liability” Section of this Agreement.
The Client shall not access, store, distribute or transmit any viruses, or any material during the course of its use of the Services that:
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- facilitates illegal activity;
- depicts sexually explicit contents;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; or
- causes damage or injury to any person or property;
- violates any third party’s intellectual property rights, such as copyrights, designs, or patents
ALMA reserves the right, without liability to the customer, to disable the Client’s access to the Services in case of breach of the provisions of this clause.
The provider may terminate the Service immediately without prior notice.
Applicable law – Litigation
These Terms and Conditions shall be governed and interpreted in accordance with the laws of France.
This Agreement sets forth the entire agreement between the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither party has relied upon any such prior or contemporaneous communications.