Terms and Conditions
Art. 1 – Parties and Object
This agreement is between InSilicoTrials Technologies s.r.l. («the Company» or «the supplier») and you («the consumer» or «the Client»). Upon this Agreement, InSilicoTrials agrees to enable you to use its modeling and simulation software (the «Software») in accordance with the terms and conditions set out below. The Software that InSilicoTrials provides is used to simulate physical processes using data, settings and other information that the Customer uploads in an Account the Customer creates. The Customer agrees to pay the requested fee for the services offered by InSilicoTrials’ Software according to the provisions set out below.
Art. 2 – Access to InSilicoMRI
- You need tocreate your own Account on the InSilicoMRI’s home page to access the Software.
- You can create your account by clicking on the “Registration”link.
- You will be asked to enter yourpersonal information, your e-mail address, and a password of your choice.
- Ane-mail will then be sent to you at the e-mail address previously entered. Your account will be created by clicking on the “Confirm” button.
Art. 3 – Data necessary for use
- InSilicoTrialsuses a Customer account (hereinafter: Account) to record the data necessary for invoicing and ensures that the Customer can use the Software through the Account. InSilicoTrials expressly points out the fact that the data required for payment of the usage fee are not stored by InSilicoTrials, but rather by companies accredited for this purpose, in order to ensure the security of this information.
- In order tobe able to use the Software, the Customer shall personally upload or specify the data necessary to perform a computational modeling and simulation run and review its completeness and correctness.
- 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. InSilicoTrials therefore assumes no liability for the correctness of the calculated results with regard to the process to be simulated.
- The Customer can access the dataloadedinto the Account at any time, and can access the results obtained by the use of the Software at any time.
- Shouldthe Software and related services be temporarily unable to provide these data and results for any technical reasons, then InSilicoTrials aims to remedy the malfunction promptly. This excludes events of force majeure. InSilicoTrials shall promptly inform the Customer in any case of temporary inability due to the uploading or remedying or maintenance of the Software. In any case, the Customer accepts the risk of non-availability or temporary dysfunction of the Software and related services.
- The Customer can freely use the results of the usage.
Art. 4 – Right of use
InSilicoTrials permits the Customer to use the Software developed by InSilicoTrials through a browser (e.g. Google Chrome, Mozilla Firefox, Microsoft Internet Explorer and Edge, Apple Safari) installed on the Customer’s electronic devices connected via internet and computers or on the electronic devices made available by InSilicoTrials. The Customer is entitled to have the data and settings uploaded or made by employees.
Art. 5 – No transfer of the right of use
- The Customer is not entitled to transfer the right of use to third parties.
- The Customer is not authorized to use the Software for third parties through his Account. In case of unauthorized usage, InSilicoTrials is entitled to block the Account. In this case, InSilicoTrials 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 – InSilicoTrials Simulations Software performance and service
- InSilicoTrials guarantees the use of itsSoftwareapplication. The Software is composed of various components from various providers.
- Data transmitted by the Customer will be forwarded by InSilicoTrials to computers — always in encrypted form. The use of the Software will be carried out on these computers.Data will be loaded to the web server from the Customer’s local computer. As soon as the Customer starts the calculation, InSilicoTrials forwards the data and the settings to external computer centers; 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.
- InSilicoTrials rents computing capacitytoenable the use of its software.
- InSilicoTrials sends the data to available computerssothat the available resources can be used as efficiently as possible. Due to the central management of this process, InSilicoTrials is able to precisely calculate the usage fee under Art. 7 below.
Separately, the platform sends reports about errors in the program’s application flow through the InSilicoTrials program used by the Customer. The Customer consents to InSilicoTrials using these data exclusively for optimizing the program.
- InSilicoTrials guaranteestheuse of the software immediately after opening of the account or activation of specific options, regardless of any assertion of a right of withdrawal. InSilicoTrials hereby provides notice of the possibility of charging a fee for services provided up to that point.
- InSilicoTrials aims to be helpful and accommodating at alltimes, andwill do its absolute best to assist the Customer wherever possible. InSilicoTrials guarantees only the equipment, software and services under its control. InSilicoTrials guarantees response times for all items related to the usage of the Software and connected services but doesn’t guarantee uptime for the same items.
InSilicoTrials 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. All priceswill be provided on demand by theInSilicoTrials’ sales team.
- 2. TheCustomerwill pay the Software price.
- Upon receipt of the paymentthe invoice shall be sent in digital form to the Customer’s billing e-mail address.
- Deletion of the Account shall have noimpacton the usage fee and its due date.
- For credit cardpayments, costs will be sustained by the Customer.
Art. 8 – Notice of Right to withdrawal
- The Customer has the right towithdrawthis Agreement within fourteen days without providing reasons. The withdrawal period starts on the date the account is opened and runs for fourteen days. To exercise the right of withdrawal, the Customer can send a clear statement (e.g., a letter sent by mail or an e-mail) indicating the decision to withdraw this Agreement to “InSilicoTrials Technologies S.r.l., Via Flavia 23/1 – 34148 Trieste” or to this e-mail address: firstname.lastname@example.org. If the Customer takes advantage of this possibility, then we will transmit a confirmation of receipt of such a withdrawal without undue delay.
- Tocomply with the deadline for withdrawal, it is sufficient to send notice of exercise of the right of withdrawal prior to expiration of the cancellation period that will terminate and cease at 11,59.59 pm of the fourteenth day.
Art. 10 – Limitation of warranty
- If theSoftwaremade available has an error, then InSilicoTrials shall have the right to remedy of defects. The Customer shall have a right to withdraw if InSilicoTrials cannot remedy the error in the simulation within a reasonable period. These provisions shall apply subject to the limitation of liability and warranty within this regulation.
- As long as the Customer uses the software free of charge, InSilicoTrials shall only be liable for wrongful intent and gross negligence.
- When a fee is paid for use, InSilicoTrials warrants the functionality of the Software provided for that use, with the provision thatsoftware and configuration defects [that technically cannot be excluded (e.g., bugs)] will be removed in each case as soon as possible upon their discovery and previous notice to InSilicoTrials. Otherwise, liability for damage and consequential damage due to defects is limited to wrongful intent and gross negligence.
- Any and all liability is excluded for the modelling of the technical system sincethis fallsbeyond InSilicoTrials’ sphere of influence.
- InSilicoTrials’liability for its agents is limited to wrongful intent and gross negligence.
- Liability for data loss is limited to wrongful intent and gross negligence.
- Theamountof claims for damage shall be limited in all cases to the value of the contract signed by the Customer for the InSilicoTrials services. Due to the special hazards that may result in individual cases from releasing applications for sale, InSilicoTrials recommends purchasing insurance.
- The inadequacies that customarily occur in InSilicoTrials’Software and therefore cannot be excluded shall be kept to the lowest level possible by InSilicoTrials regularly revising the Software. To this purpose, InSilicoTrials 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 topromptly notify InSilicoTrials 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, InSilicoTrials 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 updating. Any restrictions on the functionality of InSilicoTrials’ offerings will be limited to the minimum time as possible.
- InSilicoTrials also uses third-party software for individual parts of simulation runs. InSilicoTrials selects this software to the best of its knowledge and belief. InSilicoTrials 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 isincorrect due to a defect that has subsequently been remedied, the specific calculation process can be repeated without a usage fee being charged.
- The limitation of liability does not apply to personal injury, damage to health, and death.
Onshape’s (integrated external service) disclaimer
- Onshapeis not responsible for all damages, whether direct, indirect, incidental or consequential, arising from the Customer’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 Customer’s use of the authorized application will be uninterrupted or error-free; the Customer’s use of, or inability to use, the Authorized Application is at the Customer’s sole risk; Onshape may suspend use of the Authorized Application in the event the Authorized Application detrimentally impacts Onshape, any other Customer, or the App Store, as determined in Onshape’s sole discretion; the Customer agrees to indemnify and hold Onshape harmless with respect to any claims relating to the Authorized Application.
Art. 11 – Support
- The Customer may request that InSilicoTrials employees help in the creation of a simulation.
- In this case as well, InSilicoTrials excludes any and all liability for the correctness of the modelling of the technical system. InSilicoTrials 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
- The Customer can deletetheAccount when the usage fee due under Article 7 has been paid.
- The Customer is obligated to maintain the e-mail account specified in the Account until InSilicoTrials 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 are achieved to the possible extent.
Art. 14 – Law and Jurisdiction Clause
- For commercialCustomers: Italian law shall be exclusively applied to this Agreement.
- For commercialCustomers: The Milan Court shall have exclusive jurisdiction and venue for any disputes arising from andwith 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.
Thank you for visiting InSilicoTrials Technologies s.r.l. (“InSilicoTrials”)’s 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.insilicotrials.com and in connection with InSilicoTrials’ various services and software products.
The Information We Collect
To use the InSilicoTrials’ Simulations Software and its connected services, you are previously requested to access our website and 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 Customer of InSilicoTrials’ Simulations Software, (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 (e.g. your CAD file, your dataset etc), text and information transmitted to us for the analysis and other purposes are transferred to our servers.
We guarantee that all reserved information about your searches and projects shall be used for the purposes requested by the access to the software and otherwise implied by us only to collect statistical information exclusively addressed 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 billing 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 to fill your orders. If there is a problem in processing an order, we may use the 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 complete the registration or provide information on behalf of a certain entity, it represents to us that you were authorized by that entity to give us consent to use the submitted information.
We may collect certain non-personally identifying information when you visit our Site or use the Software or the services connected, 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 the Privacy and Cookies section of this website.
The Site, the Software and services connected are also directed to a general audience and we do not offer services directed to children. Should we come to know that a child under the age of 18 has provided any personal information to us, we will immediately delete this information.
We may 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 email@example.com.
How We Use the Information
Our affiliates and us may use personal information provided to us as follows:
– We may use your information to verify your credentials, to maintain reasonable security, to develop new features and services for our Customers, to vary advertising based on Customer preference, usage preferences and demographics, to develop and improve features, contents, and services available, to 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 the products or services that we believe may be of interest to you.
– 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. For the respect of your privacy, we provide you a way to unsubscribe by clicking on the “unsubscribe” link located at the bottom of each newsletter communication or by emailing us at firstname.lastname@example.org
– We may use non-personally identifying information that we collect to obtain statistical information about Customers of the Site or Software and connected services, to improve the quality, design and content of our Site and Software, and to analyze the use of our site.
Information Sharing and Disclosure
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 Site or together with our Software. You can know when a third party is involved in a product or service because their name and/or logo will appear on it, 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.
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.
– Whenever 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 our Software and other agreements.
– In the event that InSilicoTrials 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 Site 30 days before any change of the ownership or control of your personal information.
We also may share aggregate or anonymous information with third parties without restriction.
Our Commitment to Security
Physical and electronic procedures have been put into place to safeguard the Site 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 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
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
InSilicoTrials allows you to view the information you provided during registration and to modify any data, inaccuracies or errors. To request such access, or to correct, update, or amend your personal information please contact us at the following e-mail address, postal address or telephone number.
E-mail address: email@example.com
Postal Address: Via Flavia 23/1, 34148 Trieste
Telephone Number: +39 0284246328
We will retain your information for as long as your account is active or as needed to provide you with 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 (e.g. internal statistics, research, software improvement).
As a registered member, you can remove your personal information from our mailing list to stop receiving future communication from us by clicking on the “unsubscribe” link located at the bottom of each communication or by emailing us at firstname.lastname@example.org. 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, related 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.
Should 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
Should you have any questions or concerns about this Policy, you may contact us at the above mentioned e-mail address or postal address.