glassAdvisor Terms and Conditions of Use
Our company provides a free consultation service of the www.glassadvisor.com website (the “Website”), the subscription with a fee or free of charge through comprehensive identification of access to the Website, the user interfaces, as well as the non-exclusive and non-transferable license to use the associated professional glassAdvisor software for calculating, estimating and optimizing performance of glass surfaces in the construction industry, with and without the addition of solar shading and in different conditions of the surrounding environment, for use by accessing the aforementioned Website and/or any of its sub-domains (the “Service” or “glassAdvisor” or “glassAdvisor software”).
The Service is provided by the company GLASSADVISOR GMBH SRL, a limited liability company incorporated under Italian corporate law (the “Company” or “glassAdvisor”).
This agreement is executed and binding between the parties when the user consents through the “tick” of the flag at the bottom of the Terms and Conditions of Use that should be carefully read during registration.
1 – Fee-based subscription
1.1 Your subscription to the Service will have a duration of 12 (twelve) months and will be automatically renewed upon expiry. Unless you fail to cancel your annual subscription before the renewal date with advance notice of at least 15 (fifteen) days, you authorize us to charge the subscription fee for the following year to the chosen Method of Payment (see the following section “Cancellation”). In order to use the glassAdvisor Service you must have Internet access and a compatible device for web browsing, for which minimum requirements are shown at the following link [http://www.glassadvisor.com/minimum-requirements/]; you must also provide us with a current, valid and accepted Method of Payment (“Method of Payment”), which you can update regularly.
1.2 At present only natural or legal persons acting in the course of their business, commercial, craft or professional activity may subscribe to the Service. The subscription to the Service is currently not permitted to natural persons acting for purposes which are unrelated to their business, commercial, craft or professional activity which fall into the typical category of “Consumer or User” according to the “Consumer code”, introduced by the Legislative Decree of 6 September 2005 no. 206 (updated by Legislative Decree. 219/2016) (the “Consumer Code”).
2 – Billing
2.1 Billing cycle. The subscription fee to the Service will be charged annually through the Method of Payment, which you provided, on the day corresponding to the commencement of your subscription. In some cases, the charge time can vary, for example in the case where the charge on your Method of Payment is unsuccessful or if your subscription had started on a day not present in a given month. To view the date of the next payment, visit the Website and click on the “Dashboard” link.
2.2 Methods of payment. If a charge is not successfully completed due to the expiry of the Method of Payment, lack of funds or any other reason, and if you have not updated the Method of Payment or cancelled your account, we may suspend your access to the Service until you communicate a valid Method of Payment. You authorize us to continue to charge your current Method of Payment or subsequent updates of the same and will be liable for any unpaid amounts. This may result in a change of the billing dates. For certain Methods of Payment, the issuer thereof may charge you a fee for international transactions or other costs. For more information, please check with the issuer of your Method of Payment.
2.3 Cancellation. You may cancel your subscription to the glassAdvisor Service at any time and you will continue to have access to the Service until the end of the annual billing period. We do not make refunds or grant credits for partially used periods of annual subscription. To unsubscribe, just send an email to firstname.lastname@example.org. If you cancel your subscription, your account will be automatically deleted at the end of the current annual billing period. If you have registered to the Website using your account with a third party (for example, through a distributor) as the Method of Payment and want to cancel your subscription at any time you must unsubscribe through such third party, for example entering the settings of your account with that third party and disabling the auto-renewal option or the Service through such third party. You will find information for the billing of your subscription by logging into your account with such third party.
2.4 Changes to fees and methods of Service. We will have the right to change, at any time, the procedures and the subscription fee to the Service which you can find by visiting the link http://www.glassadvisor.com/price-and-conditions/; however, any changes to the subscription fee will apply from the year following that of billing and will be communicated through the Website and/or email with an advance notice of at least 30 days. In the case of a subscription’s fee adjustment, resulting from the updating of new payable calculation’s developments (see section 4.7), the user shall be entitled to decide whether to accept this update while continuing to take advantage of the subscription to the Service.
3 – Password and account login
3.1 The user who created the glassAdvisor account and whose Method of Payment is debited (“Account Holder”) has access to the glassAdvisor account and controls all the settings. The Account Holder shall be entitled to enter into a binding contract with the Company under applicable laws and entertain the registered office or residence in a Country where the Service is available. To keep control of the account and prevent access by third parties to the same, the Account Holder shall not disclose to anyone the password or Method of Payment associated with his/her account details (such as the last four digits of the credit or debit card, or his/her email address if he/she is using the PayPal payment system). The Account Holder will be responsible for updating the information that he/she provides to us regarding his/her account and must ensure that it is accurate and kept up to date.
3.2 We ask you to treat any kind of communication that requires your credit card number or other information related to your account with the utmost caution. Providing information in response to such communications might expose you to the risk of identity theft. We invite you to access the confidential information of your account by connecting directly to the Website of glassAdvisor and not by hyperlink received by email or other means of electronic communication, although they may have an official appearance. We have the right to terminate or suspend your account in order to protect you, glassAdvisor or our partners from identity theft or other fraudulent activities.
3.3 If the device used to access the Service (laptop, tablet, etc.) has saved your login credentials, and this device was sold, lost or stolen, you must promptly inform us of that fact in order to allow us to change the credentials for access to your account. In the event that you fail to inform us promptly, glassAdvisor assumes no liability if a third party should gain access to your account and the related information.
4 – glassAdvisor Service (with fee-based subscription)
4.1 With the registration to a fee-based subscription, you will be given a single or – in cases of multi-account activation- multiple user license of limited, non-exclusive, non-transferable glassAdvisor software to access the Service through the Website. With the exception of the foregoing limited license, you will not be given in its favour any other right, title or interest. The license does not grant any rights to the original source code. All trademarks, whether registered or not, as every and any and all other distinguishing marks or names affixed to the Website and/or in the glassAdvisor software and to all related documentation, remain the property of the Company or the third party owners, and the users gain no rights over the same by entering into the subscription. The user agrees not to destroy, alter or move those trademarks, distinguishing marks or names and agrees not to reproduce them on (any) backup copies. All the technical information, algorithms and procedures contained in the glassAdvisor software and documentation are protected by copyright; therefore, they cannot be used in any way by users for purposes other than those provided by the Service.
4.2 By registering your subscription you may use the Service through the authentication of an individual account or through the authentication of a multi-account, where there is a so-called “main account” and one or more “secondary” account(s) associated with it (in the limits laid down by your subscription). In the case of authentication with a multi-account: (i) the Service may be used, indistinctly and autonomously, by the “main” account and/or by the individual “secondary” account(s); (ii) the “main” account and “secondary” account(s) will have access to data and information of the processing performed and saved under the directory of the “main” account with which the “secondary” account(s) are associated; (iii) at any time the holder of the “main” account may delete or create a “secondary” account associated with the “main” account within the limits set out by the registered subscription; (iv) although subsequently created, the expiry of the “secondary” account(s) will be the same as the “main” account.
4.3 You agree to use the Website and/or the glassAdvisor Service, including all features and functionality associated with it, in accordance with the laws, rules and regulations applicable or any other limitation to the use of the Service or the content therein. You agree not to evade, remove, alter, disable or block any content protection contained in the Service, or use any robot, spider, scraper or other automated means to access the glassAdvisor Service, decompile, submit to reverse engineering or disassemble any software or other products or processes accessible through the glassAdvisor Service; insert any code or product or manipulate the content of the Service in any way; use any method of data mining or the collection or extraction of data. In addition, you agree not to upload, post, email or otherwise transmit or post any material that aims to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the glassAdvisor Service, including viruses or any other computer code, files or program. We have the right to restrict or terminate your use of the Service if you violate these Terms and Conditions of Use or use the Service in a fraudulent or illegal manner.
4.4 GlassAdvisor software is a professional software associated with the Service, developed and designed by the Company to allow professionals in the field to perform the calculation, estimation and performance optimization of glass surfaces in the construction industry, with and without the addition of solar shading and in different conditions of the surrounding environment (the “Simulation”). Software processing speed may vary depending on the speed of the internet connection used by the user. You acknowledge that the use of the Service may require third-party software, subject to licensing.
4.5 With the glassAdvisor software, the user who has subscribed to a fee-based subscription can run an unlimited number of Simulations, the outcome of which can create a document in PDF format that contains the results of each Simulation (“Report”). The main simulation results are summarized in the Report. If a user wants to access the extended results (accessible only through the Service) a link is shown in the PDF and a bi-dimensional bar code is generated (so-called “QR code”), which can be used by any third party user who gains knowledge of the same, even without a subscription to the Service. In this way, they may access the extended Simulation results directly from the Service, rather than the summary results contained in the Report.
4.6 We automatically update the glassAdvisor software database with the new products available on the market and their characteristics. However, since this information is provided by third parties (manufacturers, distributors, etc.), we assume no liability regarding the existence of such products on the market, the veracity and accuracy of the products and related features included in our database. In addition, free or fee-based glassAdvisor software updates will be made available to users. The user has the right to decide whether to download those that are fee-based, and if not, will still be able to continue using the Service as before.
4.7 In connection with the use of the Service, you are aware of and accept the fact that the values processed by the glassAdvisor software are to be considered purely theoretical and informative. Consequently, the Company and/or the third party who provided the data used in the configuration assume no responsibility with respect to any differences which may arise between the data and the real conditions of use of the system. You are aware that the spectra of simulated materials are subject to tolerances in accordance with specifications of the relevant product standards and are subject to change without notice. In the access to the digital version of the Report a recalculation with algorithm is run and databases are updated and the values may differ from the printed version. Furthermore, the possibility of simulating a glass configuration does not guarantee the availability of such products on the market. The values of each Simulation are found under the central part of the glass surface and do not take into account the effects of the edge and are conducted on the basis of the regulations and their relevant annexes: EN673, EN410, EN13363-2 e ISO15099. The noise reduction values have a tolerance of +-2dB and are obtained from a database of certification measurements supplied by producers, users or available in the market. The noise reduction estimation hereby illustrated is obtained from a certified value, through average or interpolation of two or more values and may not be used as an official certificate from a third party laboratory. Occasionally and without prior notice, glassAdvisor GmbH reserves the right to remove or update such values thus obsoleting any previous data.
4.8 The user is aware that some products, which are present in the database at a given time, may no longer be present subsequently. In fact, glassAdvisor reserves the right to add, delete, update and modify the products in the database, without any authorization from users.
5 – glassAdvisor Service (free subscription)
Users free of charge can make access to the Website and/or the Service. However, the free access allows the Account Holder even if they are registered and licensee of the user license of the glassAdvisor software, only to view the results of the Simulations (through the link and the QR code present in the Report), but he/she cannot perform any kind of Simulation.
6 – Third party applications – Limitations of liability
6.1 The Service is integrated with third party applications, web sites, calculation engines and services (“Third party applications”) to provide content, products and/or services to users. These third-party applications may have their own Terms and Conditions of Use and Privacy Policies, and their use by the user shall be governed by, and subject to such Terms and Conditions and Privacy Policies. The user understands and agrees that the Company does not endorse and is not responsible for content, functionality or behaviour of any third party Application and/or of any transaction that can be subscribed with the supplier of such Third party Applications.
6.2 In case of specific Simulations (including, but not limited to those based on NFRC and the calculation method using BSDF) the Company may use Third party applications, in relation to which specific Third party Terms and Condition of use apply as specified in Annex A at the following link [http://www.glassadvisor.com/therms-and-conditions-annex-a/] to be considered an integral part of this document.
6.3 To the extent permitted by applicable law, you agree that your sole and exclusive remedy for any problems or dissatisfactions to the Service consists in the termination of your use of the same. Although glassAdvisor does not assume any liability for Third-party applications and their contents, and although the relationship with such Third party applications may be governed by separate agreements with these third parties, in accordance with the applicable law the only remedy offered by glassAdvisor to any problems or dissatisfaction with third-party applications is the non-use of the same.
7 – Disclaimer
7.1 We accept no responsibility for any problems that may arise as a result of the use of the Website and/or the related glassAdvisor software. glassAdvisor, unless otherwise provided by law, cannot be held liable in any way for any damages caused directly or indirectly from the access to the Website and/or the use of the glassAdvisor software, of the inability or impossibility of accessing it, of the reliability of the information contained in them or by their use. We reserve the right to modify the Website contents, the glassAdvisor software, and the Terms and Conditions of Use at any time without prior notice.
7.2 The user is solely responsible for the publication of any information or personal data relating to third parties and guarantees not to publish such information without having the ownership or the consent of the owner in accordance with data protection applicable law..
7.3 The user agrees not to send any abusive, obscene, vulgar, slanderous, hateful, threatening, sexual oriented messages or any other material that may violate any applicable laws.
7.4 The user is solely responsible for the disclosure of the data referred to in paragraph 4.5 and holds harmless the Company from any liability which may arise as a result of the use of the Links and QR code by third parties contained in Reports generated and distributed by the same user.
8 – Copyright
8.1 All contents of the Website, including texts, documents, trademarks, logos, images, graphics and their arrangement and their adaptations are protected by the copyright law and the trademark law (Law 22 April 1941 no. 633 and subsequent amendments, Royal Decree no. 929 of 21 June 1942 and subsequent amendments) and are covered by copyright. The Website may also contain images, documents, logos and trademarks of third parties that have expressly authorized the Company to publish them on the Website. The aforementioned third party material is protected by the copyright law and the trademark law and is covered by copyright. Without prejudice to the uses and purposes within the Service, you may not copy, alter, distribute, publish or use the contents of the Website and/or the glassAdvisor software without specific prior authorisation of the Company.
8.2 The Company does not intend to violate any Copyright. If copyright material and/or material in violation of the law was unintentionally published, please notify us in writing to the attention of “Copyright Infringement” at the email address: email@example.com, including a detailed description with regard to the alleged infringement, conscious that you may be held responsible in the event of false statements. In the case of legitimate reports, we will immediately remove the content subject to copyright.
9 – Privacy & Cookies
10 – Applicable law
These Terms and Conditions of Use shall be governed by Italian law and interpreted in accordance with the same. Under no circumstances will the Consumer Code apply, since the users of the glassAdvisor Service are not covered by the so-called “Consumers or Users” category.
11 – Partial invalidity or inefficacy
Should one or more provisions of these Terms and Conditions of Use be held to be invalid, illegal or unenforceable, this shall not affect the validity, legality and enforceability of the remaining provisions, which shall remain in full force and effect.
12 – Communications
We will send you information related to your account (e.g. payment authorisation, invoices, changes in passwords or Methods of Payment, confirmation messages, notifications) exclusively by email to the address you provide at the time of your registration.