Terms of Service
Definitions in these Terms of Service shall have the following meanings:
Vortex means Vortex Factoria de Calculs SL, CIF B63955348, with registered offices in “Parc Tecnologic BCNord, Marie Curie 814, 08042 Barcelona, Spain”.
User means a user of Vortex’s website who only makes use of free content and/or services.
Services mean the online webbased services offered by Vortex, which are not free of charge, namely MAP, MAST, FARM, SERIES, LES, ICING, INDEX, EXTREMES, TMY, SOLAR SERIES, SOLAR MAP and FORECAST.
Customer means a user who acquires the right to use the Services provided by Vortex for the consideration and in particular terms specifically agreed, therefore.
Terms mean these general terms and conditions together with any particular terms and conditions accepted by the User in relation to the use of the Services.
The platform includes any data, images, text, and content, including but not limited to any Software, APIs, tools or other information or materials provided by Vortex and accessible by Users and Customers through the web domain vortexfdc.com, and by means of which the Services are rendered.
Software means all software which is included in the Platform and/or used in order to provide the Services.
Trial means free access to the Platform for evaluation purposes.
Intellectual Property Rights shall mean all industrial and/or intellectual property rights of any kind existing in the world whether or not registered, and all applications, renewals and extensions of the same including (without limitation) copyright, moral rights, database rights, design rights, patents, trademarks, domain names, service marks, trade names and other rights in goodwill, rights in knowhow, trade secrets
and other confidential information.
The present Terms of Service set forth the general terms and conditions of use of the Platform supplied by Vortex to its Users and Customers, as well as the Services which may be contracted by Customers.
Subject to the terms and conditions of this Agreement, Vortex hereby grants you a nonexclusive, non transferable, limited, personal right and license to access and use the Platform as made available by Vortex. If you are a User who has registered for Trial, you may only use the Platform for evaluation purposes.
Use of the Platform
If you are a User, you may access the contents and services which are available for free, but you may not resell, reproduce or publicly communicate such content and/or services or the results thereof. You are responsible for maintaining the confidentiality of your personal identifier and access code and for ensuring that they are not used by any third party. You agree to immediately notify Vortex of any unauthorised use of your personal identifier and/or access code or any other breach of security known to you. Additionally, if you choose to do so, you may access our Services and become a Customer by taking the appropriate steps indicated on our website, with your prior acceptance of the particular terms and conditions that shall apply to such Services.
Intellectual Property Rights
All Intellectual Property Rights of the Platform are the proprietary information of Vortex or its licensors. Vortex or its licensors have exclusive ownership of all enhancements, alterations, modifications, fixes, patches, workarounds and other additions to the Platform. The brand, name and all Intellectual Property in and to the Platform vests in Vortex or its licensors, and that nothing in this Agreement shall operate to transfer, or is intended to operate or transfer any right, title or interest in or to the Platform, except as expressly set forth in these Terms. All rights granted are limited to the specific provisions hereof and all rights not expressly granted in this Agreement are retained by Vortex or its licensors. You shall not, directly or indirectly, (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of any relevant element of the Platform; (ii) modify,
translate, or create derivative works based on the Software; (iii) rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to use the relevant elements of the Platform; (iv) use the Platform for timesharing or service bureau purposes or otherwise on behalf of a third party; (v) remove or alter any proprietary notices from the Platform or otherwise any reference to the Vortex brand or name and you shall not otherwise rebrand or rebadge any relevant element of the Platform without Vortex’s prior written consent and on payment of such additional charges as Vortex may determine; (vi) publish or disclose to third parties any evaluation of the Platform without Vortex’s prior written consent; or (vii) create any link to Vortex’s website, the Platform or frame or mirror any content contained on, or accessible from, the Platform, or (viii) otherwise replicate or seek to replicate the functionality or look and feel of the Platform. In the improbable event that we become aware, by any means, of contents and/or services that may infringe the laws or these Terms and/or the applicable particular terms and conditions, or of the unlawful, unauthorised or fraudulent use, we may suspend the services, totally or partially, without your prior authorisation.
Further to other undertakings set forth herein, as a User or Customer, as the case may be, you hereby agree to the following:
– You are responsible for obtaining and maintaining all computer hardware, software, communications equipment and/or services needed to access Vortex’s website and the Platform.
– You are solely responsible for your actions while using the Platform, the Services and the contents of Vortex’s web page, and for all actions using your personal identifier and access code.
– You will not upload or distribute in any way files that contain viruses, trojans, worms, time bombs, logic bombs, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer.
– You will not use the Platform for illegal purposes.
– You will not upload, post, promote or transmit through the Platform any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature.
– You will not upload, promote, transmit or post any material that encourages conduct that could constitute a criminal offence or give rise to civil liability.
– You will comply with all regulations, policies and procedures of networks connected to the Platform, andYou will only post, transfer or upload material which belongs to you or which you are authorised to post, upload, transfer or otherwise use.
The Platform may provide links to other websites or resources. You acknowledge and agree that Vortex is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
Guarantees and Liability
Except as expressly provided to the contrary in these Terms, the Platform and/or the Services are warranted to the extent of and in accordance with the conditions set forth herein. The Platform and/or the Services are provided under these Terms on an “as is” and “as made available” basis, without warranty of any kind, either expressed or implied, including, without limitation, warranties that the Software is free of defects, merchantable, fit for a particular purpose, noninfringing, capable of integrating with your system, noninterfering and/or accurate in terms of its informational content. Vortex shall not be liable for any damages, costs, liabilities or loss of profit caused to you and/or a third party as a consequence of the theft and/or unauthorised use by a third party of your personal identifier and access code.
Additionally, Vortex shall not be liable for any damages, costs, liabilities or loss of profit deriving from the infection by viruses, Trojans or malicious content, except in cases of gross negligence or willful misconduct. Under no circumstances and under no legal theory, including torts, shall we be liable to any person for any indirect, special, incidental, or consequential damages of any character, without limitation, derived of the use by Customer of the Platform, or in connection with the reliance on any content or information provided and/or its accuracy. In any event, any liability of Vortex arising under the present Terms shall be limited to the total amounts paid to Vortex by you. This disclaimer of warranty constitutes an essential part of these Terms. No use of the Platform is authorized hereunder except under this disclaimer.
Concerning any personal data which you provide to us, we undertake: i) to process the data exclusively according to your instructions; ii) not to apply or to use the data for purposes other than providing you with our content and/or Services; iii) not to communicate and/or disclose the data to any third persons and/or entities, even for their preservation; iv) to implement the technical and organisational security measures contained in any applicable regulation in order to safeguard the confidentiality, integrity and availability of the data; v) to destroy or return the data to you, as applicable, together with any support or documents in which it might appear, once you cease to be a registered user. Vortex also informs you that the personal data provided during the rendering of said Services identification, postal data, phone number, email shall be incorporated into an automated file to perform our services. You can exercise
your rights of access, rectification, cancellation and opposition by contacting us.
If you are a User, we may terminate any rights granted to you to access the Platform at any time without any prior notice. If you are a Customer and you do not comply, in whole or in part, with these Terms and /or any particular terms and conditions that may apply, we may block, deny or terminate your access to the Platform and/or the Services.
No term or provision hereof will be deemed waived and no breach excused unless such waiver or consent will be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, or breach by the other, whether express or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
If any provision or subpart of this Agreement is held to be void or unenforceable, it shall in no way affect the validity or enforceability of any other provision or subpart of this Agreement.
Governing Law and Jurisdiction
The present Terms are governed by and shall be construed under the laws of the Kingdom of Spain. The courts of the city of Barcelona shall have exclusive jurisdiction to resolve any dispute arising out of this Agreement or its interpretation. The Customer hereby expressly waives any other jurisdictions that may be deemed competent in accordance with international treaties or the applicable law.
In case of any question regarding this Terms of Service, you may contact us.