General
The VCLAVIS software (hereinafter referred to as the software) is provided by the company under the name VCLAVIS G.P. and business name VCLAVIS , based in Thessaloniki st. Veroias 5, P.C. 54625, VAT number 802629475 and No. GEMI 179864706000 (hereinafter referred to as the Company), which retains the exclusive right to exploit and manage the software.
General Terms
The following terms and conditions will apply to the use of the VCLAVIS software. They constitute the agreement between the Company and the User. By purchasing use of the software, you accept these terms and conditions, which govern the software and everything related to its use. If you do not agree to these Terms, then you must not purchase, install or access the software.
The obligation under these Terms is effective from the time the User receives, installs, accesses and uses the software, and for as long as the use was agreed upon, in the purchase agreement.
The Company reserves the right to freely modify or revise the terms and conditions of use of its software at any time it deems necessary, and undertakes to inform users of any change through the vclavis.com website or any other appropriate means. Any use of the software following such change or modification shall be deemed to constitute acceptance by the users of such changes, modifications, additions or deletions.
The software is provided for a fee. By purchasing the software, the User accepts these terms and conditions. The Company provides, with the purchase of a license, instructions on how to use the software.
The software is intended exclusively for persons with legal capacity. In case of a legal entity, the User must have the legal powers of representation. In particular, the software is addressed to persons with specific and sufficient knowledge in engineering science and in the field of pressure vessel design.
The total rights of patent or intellectual property over all the content of the software and the service that accompanies it (including distinctive titles, trademarks, logos, images, graphics, photographs, drawings, texts, etc. and any rights related to the products sold) belong to the Company or the Company is licensed to use them. Any copying, reproduction, republication, republishing, transfer, uploading, posting, modification of any part or all of the content of the Service, dissemination or transmission or any other use of the contents in any manner or means for commercial or other purposes is prohibited. Unauthorized reproduction of the software is illegal and may have serious legal
consequences, including criminal charges. The Company reserves all rights not expressly granted to the User.
The User acknowledges and agrees that the software is not intended to replace qualified designers or engineers. The User bears full responsibility for the final results produced by the use of the software. In addition, it must carefully check the results and report to the Company any errors detected. The User is obliged to verify the results (manually) before accepting the study.
The Company shall make every effort to ensure the accuracy and completeness of the software content, but shall not be liable in this respect. The Company shall make similar efforts to ensure the maintenance and availability of the software, but shall bear no liability in this respect. It also makes every effort to protect the software from malicious content, but can never guarantee that it will not fall victim to electronic attacks. Therefore, each User should ensure the protection of their access device with his/her own means (e.g. use of antivirus, etc.) before any use.
The software may experience temporary interruptions due to technical difficulties, maintenance or testing operations, or implementation of updates, including those required to comply with changes in the relevant laws and regulations.
The Company is interested in the development and improvement of the software. To this end, it may modify, suspend or discontinue (temporarily or permanently) the provision of part or all of the software (including specific functions and capabilities).
The Company assumes no responsibility for any damages, of any kind, that may arise from visiting or using the software. The software may refer via “links”, hyperlinks or advertising banners to other websites. In addition, the software may integrate or interact with third party applications, websites and services, as well as with third party PCs, mobile phones, tablets and other devices. The providers – operators of all the above are also fully responsible for the security, legality and validity of their content. Visiting and using third party websites, applications and devices may be subject to different terms of use and policies, which the user should accept. The Company does not guarantee that the applications and services will be compatible with the software. The User of the software must refrain from any act that is contrary to law or to good or fair practice or that may harm the Company and/or third parties. The Company, respecting the confidentiality of personal data, has created a separate document entitled PRIVACY POLICY where the relevant information is posted.
User Obligations & Rights
Upon purchase of the software, the User is granted a limited, non-exclusive, non-transferable right to access the software and a per User license. Other than the foregoing, no right, title or interest is transferred to the User. The User expressly agrees to use the software only for internal use and within his/her organization. This access shall remain in effect until and unless terminated by the User or the Company. The User is hereby permitted to install, access and use the Software as follows: Upon purchase of use of the Software, the Company shall provide the User with a license to access the Software and shall provide the User with a set of unique login credentials. It is agreed that the User shall not archive, reproduce, distribute, modify, publish, license, create derivative works, offer for sale, or use (except as expressly permitted under these terms and conditions) any content and information contained in or obtained from or through the software. The software is made available through the vclavis.com website for a computer (desktop or laptop) with an internet connection. Access to the software is done by creating an account (registration) by providing specific information (e.g. name, email, password, etc.).The password is selected and placed by the User to access his account. It is intended strictly for personal use and one User. The management and preservation of the password is the responsibility of the User. The User must not share the password and must take all necessary measures to protect the password from unauthorized third parties. It is recommended that the User use a complex password to protect his/her account. The User must immediately inform the Company in case of suspected breach of his/her account or unauthorized access to his/her data. The User acknowledges that all study data is stored within the software on a server managed by the Company’s care. The User may store on his own server only the results obtained from the research and use of the software. The Company shall make every effort to safeguard the study data stored within the software. However, the User acknowledges and agrees that the Company shall not be liable for the loss, destruction or inability to access data resulting from the use of the software.Despite the Company’s efforts to ensure the integrity and security of data, the Company cannot guarantee that the User’s data will remain intact or will not be lost due to technical errors, security breaches or other events beyond its control. The Company shall not be liable for the loss of such data or the inability to recover it, regardless of the reason for the loss. The User, when using the software, must comply with the applicable legislation. In case of illegal or contrary to good morals, use of the software by the User or violation of the above obligations, the Company is entitled to immediately terminate access to the software and reserves all its rights.
The Company undertakes to make every effort to ensure the proper and proper functioning of the software, but is not responsible for errors that may arise from the research and results of the study. The content of the software, including all related features and functions, may be changed at the Company’s discretion. In case of changes/optimizations in the content, the Company reserves the right to change the charges, including an increase in these charges, by means of relevant announcements in the press or by prior posting on the vclavis.com website, or by any other appropriate information to the User.
Trial period
The Company grants the User the right to a 14-day trial period starting from the date of registration. The User agrees that the right of withdrawal expires at the end of the trial period, i.e. 14 days, from registration. After the end of the 14-day trial period, the User loses the right of withdrawal. The right to a trial period is granted to the User only once (1).
Subscription
The Company provides the User with the option to purchase an annual subscription program. The subscription cost for the service will be according to the subscription package selected by the User and will be prepaid at the start of the usage period. The subscription is activated on the website vclavis.com, following the registration process outlined there. The subscription is not automatically renewed upon its expiration. The Company will notify the User about the expiration of the subscription two (2) weeks before the last day of the usage period. If the User does not renew the annual subscription by the last day of the usage period, they will lose access to the software. The Company may retain the account and all its content for two (2) years. After two years, the Company will permanently delete the account without further notice to the User. Any research saved by the User will be permanently deleted.
Suspension and Termination
By registering, the User agrees to a minimum commitment period of one (1) year. In the event the Company suspends the subscription for any reason, it must refund the User the prepaid amount for the unused period of the current subscription. The User must keep their account details up to date so that the Company can process the refund.
If the User cancels the prepaid subscription period, the Company is not obligated to refund any amounts for the portion of the subscription that the User did not use. It is noted that the cancellation will take effect after the last day of the current subscription period. Furthermore, the Company is not obligated to refund any amounts for a subscription terminated due to service interruptions or network failures, or other services caused by third-party actions or events beyond its control. The User may cancel the subscription service at any time before the end of the current billing period or the trial period.
Payment Methods and Pricing Policy
For online purchase of the software license, payment can be made via credit or debit card. The User shall always pay the price/charge indicated in the price lists at the time of registration. The price agreed upon for the software license between the Company and the User is a final price, inclusive of VAT. All payments for software usage must be made in full, without discounts or deductions. If local laws require withholding taxes, the amount to be paid to the Company must be increased so that the net amount remains the same as the initial agreement. The User is responsible for any penalties or expenses arising from their failure to withhold and remit taxes on time.
Limitation & Assumption of Liability
The Company assumes no responsibility for the manner or reason for the use and management of the software. The User must comply with applicable laws. In case of illegal or immoral use and management of the software, the Company has the right to immediately suspend access to the User’s account and reserves all of its rights. The Company is not responsible for any loss or damage caused by cyberattacks, unauthorized access or interference with informational data, unauthorized data manipulation, data theft, or other similar unlawful breaches and actions carried out by third parties unaffiliated with the Company. The User assumes all risks regarding the satisfactory quality and performance of the software. The Company is not responsible for any software errors, nor does it guarantee that corrections will be made. There is no guarantee that the software will operate uninterrupted or without errors. The Company is not liable for any damages of any kind that may result from the use of the software. The Company’s total liability is limited to the amount paid by the User for the software. The Company expressly disclaims all warranties, whether explicit or implied. This includes warranties of merchantability, quality, and fitness for a particular purpose. If the software is found to be defective, the User assumes
the cost of any necessary repairs or corrections. This means the Company will not cover such costs. The Company does not guarantee the uninterrupted availability of the software. The software may experience temporary interruptions or disruptions due to reasons such as technical failures, issues with servers, necessary maintenance, or other unforeseen causes. The Company is not responsible for any damages or data losses that may result for the User due to the temporary disruption or disturbance of the software. The Company is not liable for bodily injury or any other damage, such as loss of profits, loss of data, or any other commercial losses or damages arising from or in connection with the use of the software by the User or the User’s inability to use the software, regardless of the cause. Under no circumstances shall the Company’s total liability to the User for all damages exceed the amount the User has paid to the Company for the software under the most recent purchase agreement.
Conflicting Terms
In the event that these terms conflict with terms of the purchase agreement, these terms of use shall prevail.
Right to Audit
Representatives of the Company have the right, upon giving 10 days’ notice, to inspect the User’s use of the software to ensure compliance with the license. The Company is entitled to perform such an inspection up to once a year unless any violation is found during the inspection. In the event of a violation, the Company may set a deadline for the User to remedy the breach. The Company may also conduct a follow-up inspection to verify that the User is complying with the terms of this license.
Confidentiality
Confidential information and data refer to the intellectual property of the Company, commercial information, User information, studies, data, intellectual property matters, software programs and applications, investments, products, etc., of the parties. Also, information that is not publicly known and that the Parties become aware of due to communication. These above-mentioned information and data (hereinafter referred to as “Confidential Information”) may be contained in any medium, electronic or otherwise, without necessarily being marked as “confidential.” In case of doubt, all information and data that come into the knowledge of the Parties shall be considered confidential. The parties recognize that Confidential Information is an important asset and constitutes commercial/industrial secrets of each party.
The Parties undertake to maintain strict confidentiality and treat all Confidential Information as commercial/industrial secrets, and to refrain from disclosing, using, storing, publishing, disseminating, or otherwise making known to third parties, directly or indirectly, in whole or in part, for any reason (whether for competition or otherwise), at any time, any of the above Confidential Information that has come to their knowledge through communication or in connection with it. Similarly, the Parties undertake not to reproduce, copy, or extract any Confidential Information or data that has come to their knowledge. Additionally, they will take all necessary measures to prevent the disclosure of such information.
Severability Clause
If any of these terms is invalid, cancellable, or unenforceable, the validity of the remaining terms shall not be affected, as long as it aligns with the intentions of the contracting parties as specified in the provisions of this agreement. In case of an invalid, cancellable, or unenforceable term, it shall be replaced with a valid and enforceable term that has the same legal and primarily economic content as the invalid term or that closely approximates the content of the invalid term.
Governing Law – Jurisdiction
For any dispute that arises, Greek law shall apply, and the courts of Thessaloniki shall have exclusive jurisdiction.
Accumulation of Rights and Waiver
All rights of the Company arising from these terms, the purchase agreement, and the law are cumulative. The granting of a grace period or tolerance by any party or the failure to enforce or delay enforcement of these terms shall not constitute or be interpreted as a waiver or weakening of the right, nor shall it be deemed to damage the right or prevent its exercise for full and immediate compliance with the terms of this license at any time. This license is the complete agreement between the parties and supersedes any prior agreements. Any modification requires a written agreement.
Notices
All notices must be provided in writing either in person, by email, or by postal mail to the Company’s registered office.
Thessaloniki, December 2024.
