CONSELF | Privacy, NDA and SLA
508
page-template-default,page,page-id-508,ajax_fade,page_not_loaded,,qode-title-hidden,columns-4,qode-child-theme-ver-1.0.0,qode-theme-ver-11.0,qode-theme-bridge,wpb-js-composer js-comp-ver-5.1.1,vc_responsive

Privacy Policy Statement and Non Disclosure Agreement Terms and Conditions

 

Updated Privacy Policy (Effective as of October 1st, 2015)

 

Thank you for visiting CONSELF S.r.l.’s. (“CONSELF”) website (the “Site”).

 

Your privacy is important to us. To better protect your privacy, we provide this notice (the “Policy”) which applies to information provided or collected through this Site located at www.conself.com and in connection with CONSELF’s various services and software products.

 

If you have any questions or complains regarding our Privacy Policy or practices, please feel free to contact us through our website or write to us at support@conself.com

 

The Information We Collect

 

To use the CONSELF’s Software CAE (Computer-Aided Engineering) and the connected services too, you are previously requested to access to our website and to register yourself, giving us information that can identify you (“personal information”).

 

We receive and store any information you enter on our website or give us in any other way (for example, through surveys, questionnaires, information provided at registration and in the course of other communications with us).

 

When you register as a user of CONSELF’s Software CAE (Computer-Aided Engineering), (the software) you voluntarily provide information about yourself (such as name and E-Mail address). In addition, when you use the Software and/or the connected services, all the documents (for example your Cad File, etc), text and information transmitted to us for the analysis and correction are transferred to our servers, and this information may include We guarantee you that all the reserved information about your query and project shall be used for the purposes requested by the access to the software and otherwise implied by us only to collect statistic information exclusively directed to improve our services.

 

When you place an order on our site our merchant services provider requests certain personally identifiable information on the order form. You must provide contact information (such as name, e-mail address, and shipping address) and financial information (such as credit card number and expiration date). The merchant services provider processing the order will use this information for billing purposes, for filling your orders. If there is a problem in processing an order, we may use information provided at registration to contact you.

 

The amount of personally identifying information you provide is up to you, and you are not obligated to provide such information. However, your use of the Site or the Services may be affected if such information is not provided.

 

You may provide information on behalf of another entity. If you completed the registration or provide information on behalf of a certain entity, you represent to us that you were authorized by that entity to give us consent to use the submitted information.

 

If, for any reason, you sign up for our Affiliate program you are transferred to a third party site, all of the Personal Information is collected on the third party site and is governed by their privacy policy. Your personal information is then shared back with CONSELF for the purpose of fulfilling your request. We also may collect certain non-personally identifying information when you visit our Site or use the Software or the Services connected too, such as your IP address, the type of browser you are using, the type of operating system you are using and access times.

 

We also may collect information about your online activity. For more information, please see Cookies and other technologies.

 

The Site, the use of the Software and Services connected are also directed to a general audience and we do not offer services directed to children. If we gain actual knowledge that a child under the age of 18 has provided any personal information to us, we will immediately delete this information.

 

Customer Testimonials. We post customer testimonials on the site which may contain personal information. We do obtain the customers’ consent via e-mail prior to posting the testimonial to post their name along with their testimonial. To request removal of your personal information from our testimonials, contact us at support@conself.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

 

How We Use the Information

 

We and our affiliates may use personal information provided to us to as follows:

 

– To enable us to verify your credentials, in order to maintain reasonable security, provide us with the information that is useful in developing new features and services for our users, allow us to potentially vary advertising based on user preference, usage preferences and demographics, enable us to develop and improve the features, contents, and services available, fulfill your requests for our products and Services, in connection with your use of the Site or Software and/or connected Services too, to respond to your inquiries about our services offerings, to offer you our products or services that we believe may be of interest to you, to carry out our mission.

 

– We will retain information transmitted to us in the context of use of Services (such as documents like CAD File or text transmitted to us for analysis and correction) for further internal use in connection with our efforts to improve our Services.

 

– Newsletters: If you wish to subscribe to our newsletter(s), we will use your name and e-mail address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe by following the unsubscribe link located at the bottom of each newsletter communication or by emailing us at support@conself.com

 

– We may use non-personally identifying information that we collect to provide statistical information about users of the Site or Software and connected Services, to improve the quality, design and content of our Site and Software, to analyze the use of our site.

 

Information Sharing and Disclosure

 

We will not sell, share, rent or trade your personal information with third parties other than as disclosed within this privacy policy.

 

We may disclose your personal information to:

 

– Business partners with whom we may jointly offer products or services, or whose products or services may be offered on our website or together with our software. You can tell when a third party is involved in a product or service because their name will appear, either alone or with ours. If you choose to use these products or services, we may share information about you, including your personal information, with those partners. Please note that we do not control the privacy practices of these third-party business partners. If you wish to no longer allow that third party to use your information you may opt-out by contacting that third party directly.

 

– Companies within our corporate family that are involved in operating or providing the Services. We may share your personal information with our affiliates. Our affiliates will follow practices that are at least as restrictive as the practices described in this Privacy Policy, including requests that personal information not be used to provide you with Services. We may share aggregated or anonymous data with third parties for any use whatsoever.

 

We also may share your information:

 

– In response to court orders, or other legal process or in response to a law enforcement agency’s request; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.

 

– When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company or this website, our customers, or others; and in connection with our Terms and Conditions for the Site, End User License Agreements for our Software and other agreements.

 

– In the event that CONSELF goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email or prominent notice on our Web site for 30 days of any such change in ownership or control of your personal information.

 

Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information. CONSELF does not sell, rent or lease the personal information that you provide about yourself to third parties unless we have your consent.

 

In any case set out above, we guarantee you that all the reserved data and information referred to your project or survey, as queried by you through the access and registration to our web site and consequent software access operations, will be shared with a third party or anyway divulged.

 

By providing personal information or using our Site or Services, you consent to transfer of information outside your country in connection with the transfers of information described in this Privacy Policy, even to countries that might not offer a level of protection for your personal information that is equivalent to the one offered in your country of residence.

 

We also may share aggregate or anonymous information with third parties without restriction.

 

Cookies and other technologies

 

Cookies are small data text files and can be stored on your computer’s hard drive (if your Web browser permits). This website uses cookies for the following general purposes:

 

– To help us recognize your browser as a previous visitor and save and remember any preferences that may have been set while your browser was visiting our site.

 

– To help measure and research the effectiveness of website features and offerings, advertisements, and email communications (by determining which emails you open and act upon)

 

The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies, you may not be able to access certain of the functionality of Site or Services related to the CAE Software. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.

 

If you have any questions about our use of cookies or other technologies, please email us at support@conself.com.

 

The use of cookies by our partners, affiliates, tracking utility company and service providers is not covered by our privacy policy. We do not have access or control over these cookies.

 

Our Commitment to Security

 

Physical and electronic procedures have been put into place to safeguard and help prevent unauthorized access, maintain data security, and correctly use personal information. These include use of firewalls, passwords and other measures.

 

Although we take measures we believe are appropriate to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Policy. Regardless of the precautions taken by you or by us, “perfect security” does not exist on the Internet. We cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.

 

When you enter sensitive information such as credit card number on our order form, our merchant services providers encrypt that information using secure socket layer technology (SSL).

 

Other Sites or Services. If any part of this website links you to other sites or enables the download of third party software, those sites, software or related services are not subject to this Privacy Policy.

 

In addition, in some cases, certain services are made accessible by us and carry our branding but are not provided by or hosted by us. We recommend you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information and other information, including their use of cookies or other technologies and contact them directly if you have any questions.

 

We are not responsible for any collection or use of information in connection with third party software, sites or services.

 

Correcting or Updating your Information

 

CONSELF allows you to view the information you provided during registration and to alter any data, inaccuracies or errors. To request such access, or correct, update, or amend your personal information please contact us at the following e-mail address, postal address or telephone number.

 

E-mail address: support@conself.com

 

Postal Address: viale E. Forlanini 23, 20134 Milano

 

Conself S.r.l.

 

Viale E. Forlanini 23, Milano, 20134 Italia

 

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, please contact us at the e-mail address or postal address listed above. In any case, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, enforce our agreements. In case of cancellation, we will retain your data only for our internal scope (for example, internal statistic, research, precedent to examine to improvement the software).

 

Communications. We may send you email messages about us or our products and services as well as email messages about products and services of selected third parties, and our newsletters. By accepting the Terms and Conditions for the Site or the End User License Agreement for our Software (including the terms of this Privacy Policy which are incorporated therein) or using the Site or the Services, you affirmatively consent to receive such commercial message.

 

As a registered member, you can remove your personal information from our mailing list and to stop receiving future communication from us by following the unsubscribe link located at the bottom of each communication or by emailing us at support@conself.com. You will also be given the opportunity to unsubscribe from commercial messages in any such email we send. Please note that we reserve the right to send you service related communications, including service announcements and administrative messages, relating either to your account or to your transactions on this site, without offering you the opportunity to opt out of receiving them unless you cancel your account.

 

If we decide to change our privacy policy, we will post those changes to this privacy policy on the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

 

We reserve the right to modify this privacy policy at any time, so please review it frequently.

If we make material changes to this policy, we will notify you either here, by e-mail, or by means of a notice on our home page.

 

How to Contact Us. If you have any questions or concerns about this Policy you may contact us at the above mentioned e-mail address or postal address.

 

Non Disclosure Agreement

 

This AGREEMENT is made by and between CONSELF S.r.l. (“CONSELF” or the “Company”) and the Applicant (the “Customer”) and It binds the Customer.

 

The Company possesses competitively valuable Confidential Information (as hereinafter defined) regarding its current IT products and related services, future IT products and related services, research and development of its own registered Software CAE.

 

Customer is interested to enter into a business relationship with the Company to benefit of its Software CAE functions and related services too.

 

CONSELF, as requested by the Customer to enter into a business relationship, in connection therewith, may need to get and/or otherwise to achieve the Customer’s Confidential Information (also referred to its project (for example the CAD file etc., and all the related data and information supplied by the Customer to get the requested software CAE’s services) and Materials.

 

In consideration of the promises and covenants contained in the above policy provisions and set out as follows (either and hereinafter «the Agreement») and the disclosure of Confidential Information and Materials from the Customer to the Company and viceversa, the parties hereto agree as follows:

 

1. Confidential Information and Materials

 

A. «Confidential Information» shall mean any nonpublic information that the Customer and/or the Company specifically marks and designates, either orally or in writing, as confidential or which, under the circumstances surrounding the disclosure, ought to be treated as confidential or which the Customer and/or the Company creates or produces in the course of performing services for the Customer. “Confidential Information” includes, but is not limited to, product schematics or drawings as CAD Files and similar, descriptive material, specifications, software (excluded source code or object code), sales and customer information, the Customer’s business policies or practices, information received from others that the Company is obligated to treat as confidential, and other materials and information of a confidential nature.

 

B. «Confidential Information» shall not include any materials or information which the Customer follows

 

(i) is at the time of disclosure generally known by or available to the public or

 

(ii) is legally known to the Customer at the time of disclosure by the Company; or

 

(iii) is furnished by the Company to third parties without restriction; or

 

(iv) is furnished to the Customer by a third party who legally obtained said information

 

(v) is developed independently by the Customer either before or after the term of

 

became so known or available thereafter through no fault of the Customer; or and the right to disclose it; or the Company’s engagement as a consultant or independent contractor to the Customer where the Company can document such independent development.

 

C. «Confidential Materials» shall mean all tangible materials containing Confidential Information, including without limitation drawings as CAD Files and similar, schematics, written or printed documents, computer disks, tapes, and compact disks (CD) or USB, whether machine or user readable.

 

2. Restrictions

 

A. Company shall not disclose any Confidential Information to third parties without the prior written authorization of the Customer. Notwithstanding the foregoing, Company shall not at any time disclose to any third party any Confidential Information comprising a trade secret of the Customer. However, Company may disclose Confidential Information in accordance with judicial or other governmental orders, provided Company shall give the Customer reasonable notice prior to such disclosure and shall comply with any applicable protective order or equivalent.

 

B. Company shall not use any Confidential Information or Confidential Materials of the Customer for any purposes except those expressly contemplated hereby or as authorized by the Customer.

 

C. Customer shall take reasonable security precautions, which shall in any event be as great as the precautions it takes to protect its own confidential information, to keep confidential the Confidential Information. Customer may disclose Confidential Information or Confidential Materials only to Company’s employees or consultants on a need-to-know basis. Company shall instruct all employees given access to the information to maintain confidentiality and to refrain from making unauthorized copies. Company shall maintain appropriate written agreements with its employees, consultants, parent, subsidiaries, affiliates or related parties, who receive, or have access to, Confidential Information sufficient to enable it to comply with the terms of this Agreement.

 

D. Confidential Information and Confidential Materials may be disclosed, reproduced, summarized or distributed only in pursuance of Customer’s business relationship with the Company, and only as otherwise provided hereunder. Company agrees to segregate all such Confidential Materials from the confidential materials of others to prevent commingling

 

3. Rights and Remedies

 

A. Customer or Company shall notify the Company or Customer immediately upon discovery of any unauthorized use or disclosure of Confidential Information or Confidential Materials, or any other breach of this Agreement by Company or by Customer, and either of them will cooperate with the other in every reasonable way to help the other party to regain possession of the Confidential Information and/or Confidential Materials and prevent further unauthorized use or disclosure.

 

B. Company shall return all originals, copies, reproductions and summaries of Confidential Information and/or Confidential Materials then in Company’s possession or control at the Customer’s request or, at the Customer’s option, certify destruction of the same. In any case, Company shall retrieve all copies reproductions and summaries of Confidential Information and/or Confidential Materials then in Company’s possession or control and all documents referred to the project submitted by the Customer, only to own statistic information and data and to improve its own Software CAE and referred services too.

 

C. Parties acknowledge that monetary damages may not be a sufficient remedy for damages resulting from the unauthorized disclosure of Confidential Information and that any Part shall be entitled, without waiving any other rights or remedies, to seek such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.

 

4. Miscellaneous

 

A. All Confidential Information and Confidential Materials are and shall remain the sole and exclusive property, respectively, of the Company and of the Customer. By disclosing information to Customer, the Company does not grant any express or implied right to Customer to or under the Company patents, copyrights, trademarks, or trade secret information.

 

B. All Confidential Information and Materials are provided «AS IS» and the Company makes no warranty regarding the accuracy or reliability of such information or materials. The Company does not warrant that it will release any product concerning which information has been disclosed as a part of the Confidential Information or Confidential Materials. The Company will not be liable for any expenses or losses incurred or any action undertaken by the Customer as a result of the receipt of Confidential Information or Confidential Materials. The entire risk arising out of the use of the Confidential Information and Confidential Materials and Software CAE and related services remains with the Customer who accept any and all data and information furnished by the software as its own risk.

 

C. Customer agrees that it shall adhere to all Italian laws and regulations and shall not export or re-export any technical data or products received from the Company or the direct product of such technical data to any third party unless properly authorized by the Company.

 

D. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof. It could be modified by a written notice.

 

E. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of the Company, its agents, or employees but only by an instrument in writing signed by an authorized officer of the Company. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of either party to enforce any provision of this Agreement shall not constitute waiver of such provision or any other provisions of this  Agreement.

 

F. If any action at law is necessary to enforce or interpret the rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees, costs and necessary disbursements in addition to any other relief to which it may be entitled

 

G. This Agreement shall be construed and governed by the laws of Italy, and customer further consent exclusively to jurisdiction by the Italian Court sitting in Milan.

 

H. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. Should any of the obligations of this Agreement be found illegal or unenforceable as being too broad with respect to the duration, scope or subject matter thereof, such obligations shall be deemed and construed to be reduced to the maximum duration, scope or subject matter allowable by law.

 

I. All obligations created by this Agreement shall survive change or termination of the parties’ business relationship.

 

CONSELF Standard Terms and Conditions

 

Art. 1 – Parties and Object

 

This agreement is between CONSELF S.r.l. («the Company» or «the supplier») and you («the consumer» or «the Client»). Upon this Agreement, CONSELF agrees to enable you to use its CAE Software in accordance with the terms and conditions set out below. The CAE Software that CONSELF provides is used to simulate physical processes using CAD data, settings and other information that the Customer uploads in an Account the Customer creates. The Customer agrees to pay a usage fee for the services offered by CONSELF’s CAE Software according the provisions set out below.

 

Art. 2 – Access to the Software

 

1. In order to use the CONSELF’s Software, the Customer must create the Account using CONSELF’s home page. All required data must be entered in order to open the Account.

 

2. Create your account by clicking on the “Register” button on the home page, follow the steps provided and enter your name, your E-Mail, and a password of your choice. After consenting to this standard terms and conditions and also to the Privacy policy and NDA terms and conditions, you can send the data by clicking the Free Registration button.

 

3. An E-Mail will then be sent to you at the E-Mail address previously entered. Clicking on the Activate My Account link will create your account. Now, when you log in using your E-Mail address and password, you can optionally enter additional information. When this information is provided, all functions are available to you free of charge for two weeks (fourteen days).

 

The functionality of the expanded functions will terminate without any further requirements and does not lead to any additional obligations. Commercial customers cannot cancel the contract using order revocation.

 

Art. 3 – Data necessary for use

 

1. CONSELF uses a user account (hereinafter: Account) to record the data necessary for invoicing and ensures that the Customer can use the Software through the Account. CONSELF expressly points out the fact that the data required for payment of the usage fee are not stored by CONSELF, but rather by companies accredited for this purpose, in order to ensure the security of this information.

 

2. In order to be able to use the software, the Customer shall personally upload or specify the data necessary to run a simulation and review its completeness and correctness. (These data include, inter alia, geometric information (CAD), selection of analysis type, material parameters, boundary and initial conditions, numeric settings, etc. This listing can only be exemplary.).

 

3. The Customer is solely responsible for the correctness and completeness of the data transmitted by the Customer and the modelling of the technical system. The Software can only perform a calculation correctly using completely transmitted and correct data. CONSELF therefore assumes no liability for the correctness of the calculated results with regard to the process to be simulated.

 

4. The Customer can access the data that he has loaded into his Account at any time, and can access the results obtained by the use of the CONSELF Software at any time.

 

5. If CONSELF software and related services would be temporarily unable to provide these data and results for any technical reasons, then CONSELF aims to remedy the malfunction promptly. This excludes events of force majeure. CONSELF shall promptly inform the Customer in any case of temporary unability due to the uploading or remedying or maintenance of the software. In any case, the Customer accept the risk of non availability or temporary dysfunction of the Software and related services.

 

6. The Customer can freely use the results of the usage.

 

Art. 4 – Right of use

 

CONSELF permits the Customer to use the Software developed by CONSELF on computers or through computers that are made available by CONSELF. The Customer is entitled to have the data and settings uploaded or made by employees.

 

Art. 5 – No transfer of the right of use

 

1. The Customer is not entitled to transfer the right of use to third parties.

 

2. Paragraph 1 shall apply to commercial users subject to the following provisions: However, members of the company or authorized third parties are permitted to upload data. The Customer is not authorized to use the CONSELF’s Software through his Account for third parties. In case of unauthorized usage, CONSELF is entitled to block the Account. In this case, CONSELF shall issue a closing invoice. In this case as well, the Customer is obligated to maintain the E-Mail address until completion of this process.

 

Art. 6 – CONSELF CAE Software performance and service

 

1. CONSELF guarantees the use of its software application. This software is composed of various components from various providers.

 

2. The data transmitted by the Customer will be forwarded by CONSELF to computers — always in encrypted form. The use of the Software will be carried out on these computers. The data will be loaded to the web server from the Customer’s local computer. As soon as the Customer starts the calculation, CONSELF forwards the data and the settings to external computer centres; as soon as results are created on these computers, they are sent to the web server and can be called up by the Customer in his Account.

 

3. CONSELF rents computing capacity in order to enable the use of its software.

 

4. CONSELF sends the data to available computers in such a way that the available resources can be used as efficiently as possible. Due to the central management of this process, CONSELF is able to precisely calculate the usage fee under Art. 7 below.

 

5. Save what provided by Privacy Policy and NDA standard terms and conditions (to be separately accepted), CONSELF does not use the data that are uploaded by the Customer.

 

Separately, the platform sends reports about errors in the program’s application flow through the CONSELF program used by the Customer. The Customer consents to CONSELF using these data exclusively for optimizing the program.

 

6. According what provided by Privacy Policy and NDA standard terms and conditions (to be separately accepted) CONSELF takes customary precautionary measures in order to guarantee the security and confidentiality of the customer data.

 

7. CONSELF guarantees use of the software immediately after opening of the account or activation of specific options, regardless of any assertion of a right of withdrawal. CONSELF hereby provides notice of the possibility of charging a fee for services provided up to that point.

 

8. CONSELF aims to be helpful and accommodating at all times, and will do its absolute best to assist the Customer wherever possible. CONSELF guarantees only the equipment, software and services under its control. CONSELF guarantees response times for all items related to the usage of the software and connected services but doesn’t guarantees uptime for the same items.

 

However, CONSELF is unable to provide guaranteed resolution times; this is because the nature and causes of problems can vary enormously. The Company is deemed to have responded when it has replied to the Customer’s initial request. This may be in the form of an E-Mail or telephone call, to either provide a solution or request further information.

 

Art.7 – Usage Fee

 

1. The user can initially use the software free of charge. However, he can select options in his account that are subject to a fee.

 

2. Depending on the rate selected, this fee is composed of a monthly flat fee, a flat fee per simulation, or a hardware – dependent price per calculated simulation minute. All prices can be found on CONSELF’s website. In addition, all costs are listed in the Account by minute.

 

3. The invoice shall be sent to the Customer in digital form on the last day of each month to the E-Mail address specified in the Account.

 

4. Deletion of the Account shall have no effect whatsoever on the existence and due date of the usage fee.

 

5. Transaction costs will be incurred by the user for payment by credit card.

 

Art. 8 – Notice of Right to Cancel

 

1. The Customer has the right to cancel this Agreement within fourteen days without providing reasons. The cancellation period starts on the date the account is opened and runs for fourteen days. In order to exercise the right of cancellation, the Customer can sends a clear statement (e.g., a letter sent by mail or an E-Mail) indicating the decision to cancel this Agreement to “Conself S.r.l., Viale E. Forlanini 23, 20134 – Milano” or to this E-Mail address: support@conself.com. If the Customer takes advantage of this possibility, then we will transmit a confirmation of receipt of such a cancellation without undue delay.

 

2. In order to comply with the deadline for cancellation, it is sufficient to send notice of exercise of the right of cancellation prior to expiration of the cancellation period that will terminate and cease at 11,59.59 pm of the fourteenth day.

 

3. As consequence of cancellation of this Agreement, CONSELF shall refund all payments to the Customer that CONSELF has received, including delivery costs (excluding the additional costs that result from your having selected a different type of delivery than the most inexpensive standard delivery offered by us) without undue delay and no later than within fourteen days from the date on which the notice of cancellation of this Agreement is received by CONSELF.

 

CONSELF will use the same means of payment for this refund that the Custumer used in the original transaction unless a different arrangement was expressly agreed upon with the Costumer; no fees will ever be charged to the Costumer due to this refund.

 

4. If the Costumer has requested that the services should begin during the cancellation period, then the Costumer must pay to CONSELF a reasonable amount corresponding to the proportion of the services already provided up to the time at which the Costumer notifies to CONSELF of the exercise of the right of cancellation with respect to this Agreement to the total scope of services provided for in the Agreement.

 

Art. 9 – Default

 

If the usage fee is not received in CONSELF’s account by the 15th of the next month, the Customer is in default without further notice. If the 15th of the next month is not a business day, then the payment period shall end at the end of the first business day following the 15th. If the Customer is in default, the usage fee will be charged interest at 5% over the base lending rate starting on the first day after the default is triggered.

 

Art. 10 – Limitation of warranty

 

1. If the software made available has an error, then the Customer shall have a right to remedy of defects. The Customer shall have a right to withdraw if CONSELF can not remedy an error in the simulation within a reasonable period. These provisions shall apply subject to the limitation of liability and warranty within this regulation.

 

2. As long as the Customer uses the software free of charge, CONSELF shall only be liable for wrongful intent and gross negligence.

 

3. When a fee is paid for use, CONSELF warrants the functionality of the Software from CONSELF provided for that use, with the provision that the customary’s defects [that technically cannot be excluded (e.g., bugs)] in the Software will be removed in each case as soon as possible upon their discovery and previous notice to CONSELF. Otherwise, liability for damage and  consequential damage due to defects is limited to wrongful intent and gross negligence.

 

4. Any and all liability is excluded for the modelling of the technical system since this falls beyond CONSELF’s sphere of influence.

 

5. CONSELF’s liability for its agents is limited to wrongful intent and gross negligence.

 

6. Liability for data loss is limited to wrongful intent and gross negligence.

 

7. The amount of claims for damage shall be limited in all cases to € 40.000,00. Due to the special hazards that may result in individual cases from releasing applications for sale, CONSELF recommends purchasing insurance.

 

8. The inadequacies that customarily occur in CONSELF’s Software and therefore cannot be excluded shall be kept to the lowest level possible by CONSELF regularly revising the Software. To this purpose, CONSELF shall previously inform the Customer for any period of no functionality due to revising the software or its maintenance. Such revision shall be carried out outside of the main usage periods insofar as technically possible. If the Customer is a commercial customer, then the Customer is obligated to notify CONSELF promptly of defects in the Software that the Customer becomes aware of it. Similarly, the Customer shall provide notice of any defects becoming known to him in the interaction of the various components of the Software. In any case, CONSELF shall inform the Customers in reasonable advance for any necessary suspension of any service related to the use of the software due to its maintaining and uploading. Any restrictions on the functionality of CONSELF’s offerings will be limited to the minimum time as possible.

 

9. CONSELF also uses third-party software for individual parts of simulation runs. CONSELF selects this software to the best of its knowledge and belief. CONSELF assumes a warranty for the functionality of the third – party software provided for use only in case of wrongful intent and gross negligence, but agrees to report errors to the author of the software immediately after their discovery. If a calculated result is false due to a defect that has subsequently been remedied, the specific calculation process can be repeated without a usage fee being charged.

 

10. The limitation of liability does not apply to personal injury, damage to health, and death.

 

Onshape’s (integrated external service) disclaimer

 

11. Onshape is not responsible for all damages, whether direct, indirect, incidental or consequential, arising from the User’s use of the Authorized Application; it is not responsible for the Authorized Application and Onshape does not warrant or endorse and does not assume and will not have any liability or responsibility for any Authorized Application, or for any other materials, products, or services of third parties. Onshape does not guarantee, represent, or warrant that the user’s use of  the authorized application will be uninterrupted or error-free; the User’s use of, or inability to use, the Authorized Application is at the User’s sole risk; Onshape may suspend use of the Authorized Application in the event the Authorized Application detrimentally impacts Onshape, any other User, or the App Store, as determined in Onshape’s sole discretion; the User agrees to indemnify and hold Onshape harmless with respect to any claims relating to the Authorized Application.

 

Art. 11 – Support

 

1. The Customer may request that CONSELF employees help in the creation of a simulation.

 

2. In this case as well, CONSELF excludes any and all liability for the correctness of the modelling of the technical system. CONSELF can help exclusively in setting the tool, but shall in no case make its own assessment of what is technically necessary for the Customer.

 

Art. 12 – Termination of the Agreement

 

1. The Customer can delete his Account when he has paid the usage fee due under Article 7 hereof.

 

CONSELF reserves and retains the right to delete the Account in question after termination by a Customer or after blocking under provisions set out above. Save also what provided by Privacy Policy and NDA standard terms and conditions, after deleting the Account, CONSELF will also delete all other Customer data.

 

2. The Customer is obligated to maintain the e-mail account specified in the Account until CONSELF has informed the Customer that all payments have been completed.

 

Art. 13 – Severability Clause

 

Should individual provisions be or become invalid or contestable in toto or in part, this shall not affect the applicability and validity of the other clauses set forth herein, and this provision shall be interpreted and/or supplemented in such a way that the intended meaning and purpose is achieved to the extent possible.

 

Art. 14 – Law and Jurisdiction Clause

 

1. For commercial users: Italian law shall be exclusively applied to this Agreement.

 

2. For commercial users: The Milan Court shall have exclusive jurisdiction and venue for any disputes arising from and with regard to this Agreement.

 

Art. 15 – Final Provisions

 

All amendments shall require written form to be effective; this shall apply to the requirement of written form itself.