General Conditions

I. General Conditions of use and License of the InnogetCloud

The present General Conditions of Use and Contracting (hereinafter "General Conditions") govern, together with the Privacy Policy and Cookies Policy and, where applicable, Innogetcloud’s Terms of Use, the access and use the INDUSAC Consortium (hereinafter "the User") makes on the https://www.innogetcloud.com/ website (hereinafter "the Website"). By accepting these General Conditions, the User declares:

to have read and understood what is stated here;
to be a person with sufficient capacity to contract;
to assume all the obligations stated herein.

The use of the Website grants the condition of User of the Website and implies the acceptance of all terms contained in these General Conditions. The Users must carefully read these terms each time they access the Website because the General Conditions are subject to change.

The Website owner reserves the right to make, at any time and without notice, any changes or updates to their content and services of the General Conditions and, in general, those elements which make up the design and configuration of the Website.

1. Website overview

In compliance with the provisions of Article 10 of Law 34/2002 from 11 July concerning information society services and electronic commerce, the following overview is provided of the Website:

Owner: Innovawin 2006, SL (hereinafter "INNOVAWIN" or "Company").
Registered office and postal address: C/ Avellaneda, 47, Sabadell 08201, Barcelona (Spain)
Tax Identification Number: B-64205032
E-mail: info@innogetcloud.com
Phone: +34 937556253
Fax: +34 937556265

Registration Information: Register of Barcelona, Volume 38580, Folio 88, Page 327,448, Entry 1

2. Website Description

INNOVAWIN is the owner and holder of Innogetcloud Software’s exploitation rights (hereinafter "Innogetcloud"), whose main feature is the possibility of sharing, communicating, discovering and learning about technology and new knowledge to be able to work collaboratively and privately in the research, development and innovation of technologies and addressing the needs of R&D such as its acquisition, presentation and marketing.

INNOVAWIN’s cloud computing offers a full range of services related to the acquisition, presentation, and marketing of technologies, addressing the needs of R&D and innovation.

For the purpose of the INDUSAC project (European Union’s Horizon Europe Programme under grant agreement No 101070297), the Website is aimed at companies, students, researchers and INDUSAC Members that promote innovation and collaboration projects under co-creation schemes (accordingly, the "User") wishing to use the software provided by INNOVAWIN to assist their workers, users, affiliates (accordingly, the "User") offering a cloud computing tool that allows them to share, communicate, and explore collaboration opportunities and jointly participate in challenges posted by companies.

Pre-defined Collaborative Approaches (hereinafter, the "PCA") are self-contained project types aimed at providing companies with models of project typologies to be adapted to the specific needs of the Challenge being addressed. PCAs help the companies set up a challenge that fits their needs and build the framework for the different types of Challenges. Students/researchers can select appropriate Challenges, assemble co-creation teams and submit Motivation Letters, and selected co-creation teams are invited to solve companies' Challenges.

Students, researchers and companies get tailored guidance packages to support their co-creation experience.

The process ends when the company confirms the completion of the co-creation project (the submission of the solution to the Challenge) including the reporting duties, and researchers and students receive the INDUSAC certificate whereas participating student members of the co-creation teams are in addition eligible to receive funding up to 1,000 EURO gross per student, with a maximum of total 3,000 EURO gross amount (including taxes) per co-creation team. Companies and students/researchers have to provide feedback on the process to get access to the funding upon completion of co-creation projects.

3. Description of Services offered

Simple access to the Website is free of charge according to terms of the grant agreement No 101070297.

Getting a license of Innogetcloud’s services provides the following features:

Right to use the software in Innogetcloud consisting of a License of Use
Posting Challenges related to available PCAs
Submitting Letters of Motivation
Submitting solutions to Challenges
Receiving alerts about new Challenges posted
Modifying the criteria for the alerts (periodicity, sector, area of knowledge).
Introducing Innogetcloud users
Creation of teams of students and researchers
Assign the functions of Administrator to one INDUSAC Member
Creating Managers
Assigning functions to Managers regarding Challenges
Managing the Challenges that companies post on the Website
Checking and evaluating the Motivation Letter that Innogetcloud users send to companies on the Website in request to participate in their Challenges
Checking and evaluating the solutions that Innogetcloud users send to companies in response to the Challenges on the Website
Adapting Innogetcloud’s design to the INDUSAC branding
Inserting banners in Innogetcloud
Generating a report with performance indicators
Technical support for Innogetcloud users
Maintenance and updates
Hosting of Innogetcloud’s cloud software

4. Duration, renewal, and cancellation of the Services

The services will last for three calendar years starting as per October 2023.

The renewal of the services shall be governed by EU Grant Agreement No 101070297.

The INDUSAC consortium can cancel the services in the following cases:

by express agreement between the INDUSAC consortium and INNOVAWIN;
if the INDUSAC consortium breaches the present General Conditions, the Privacy Policy and Cookies Policy and/or Innogetcloud’s Terms of Use, always subject to what is established in them

5. Contracting procedure

5.1 License and Terms of Use for InnogetCloud in INDUSAC Project

The license of the InnogetCloud for the purpose of the INDUSAC project is provided under the acceptance by the User of the "General Conditions of Use and Contracting", "Innogetcloud’s Terms of Use " and the "Privacy Policy" as defined in this document.

5.2 Contracting

The license for the purpose of the INDUSAC project is free of charge and shall be governed by EU Grant Agreement No 101070297.

5.3 Rules for using the Website

The User agrees to use the Website and all of its contents and services as provided by the law, morality, public order and the General Conditions. Likewise, the User undertakes to make appropriate use of the Website’s services and/or contents and not use them for illegal or criminal purposes, which infringe the rights of others and/or violate intellectual or industrial property or any other applicable legal standards.

By way of example, and in no way limiting or excluding, the User agrees:

Not to introduce or spread content or propaganda of a racist, xenophobic, or pornographic nature, or that advocates or incites terrorism or anything that violates human rights.
Not to enter or spread data programs (viruses and malware) that could cause damage to computer systems providers, their suppliers or third-party users of the Internet.
Not to broadcast, transmit or make available to third parties any information or content that undermine the fundamental rights and public liberties recognised in the constitution and international treaties.
Not to broadcast, transmit or make available to third parties any information or content that constitute unlawful or unfair advertising.
Not to transmit unsolicited or unauthorized advertising, promotional materials, "junk mail", "chain letters”, "pyramid schemes" or any other form of solicitation, except in those spaces (such as commercial) that have been designed exclusively for it.
Not to introduce or spread any false information and content, as inexact as to mislead the recipients of that information.
Not to impersonate other users using their registration data for different services and/or contents of the Website.
Not to broadcast, transmit or make available to third parties any information or content that is in violation of intellectual property rights, patents, trademarks, or copyrights that apply to holders of the Website or third parties.
Not to broadcast, transmit or make available to third parties any information or content that is in violation of the confidentiality of communications and legislation on personal data protection.

The User agrees to indemnify the Company against any possible claim, fine, penalty or sanction that it may be obliged to endure as a result of a breach by the User of any of the conditions of use listed above; the Company also reserves the right to seek compensation for damages accordingly.

The Company reserves the right to prohibit any User who violates the rules and obligations under these Conditions, from the use of the services offered via the Website.

5.4 Passwords

In general, the User will not be required to register for simple access to the Website, while the use of certain services themselves may be subject to prior registration according to the User or User Profile.

The data entered by the User must be accurate, current, and truthful always. If the registrant is assigned a password, he/she will always be responsible for it, assuming responsibility for any damages arising from its misuse, as well as its loan, disclosure, or loss. To this end, access to restricted areas and/or use of the services and content made under the password of a registered user shall be deemed made by the registered user, who is liable for said access and use.

5.5 Intellectual Property

INNOVAWIN is the owner of the software available to the User through this website and has the rights to exploit it. INNOVAWIN makes available to the User a Software License Agreement which is non-exclusive, non-transferable and does not allow the Software’s transfer to third parties. This license is limited and subject to the duration and features of the INDUSAC project regulated by EU Grant Agreement No 101070297.

All contents of the Website, texts, photographs, graphics, images, icons, technology, software, links and other audio-visual or audio content, and graphic design and source code are the intellectual property of INNOVAWIN or third parties, without being interpreted transferred or licensed to any User of the exploitation rights by the current legislation on intellectual property on them unless stated differently in EU Grant Agreement No 101070297 .

The trademarks, trade names or logos are owned by INNOVAWIN or third parties and it may not be construed that access to the Website confers any right to them.

5.6 Responsibility

INNOVAWIN does not assume any responsibility for updating this Website to keep information current or warrant that the information published is accurate or complete. Therefore, the User must confirm that the information published is accurate and complete before making any decision related to any product, service or content described on this Website.

User access to the Website does not imply the Company's obligation to ensure the absence of viruses, worms, or other malware. The User, in any case, is responsible for the availability of adequate tools to detect and eliminate malicious software.

INNOVAWIN is not responsible for damage caused to the software and hardware of the Users or third parties for the use of the services offered on the Website, or for any damages of any kind caused to the User as a result of failures or disconnection of telecommunications networks that produce the suspension, cancellation or discontinuance of the Website’s service.

5.7 Null and void

If any clause in these General Conditions be declared fully or partially invalid or unenforceable, such invalidity or unenforceability will affect only that provision or part thereof that is invalid or unenforceable, these Terms subsisting in all other respects and considered that provision wholly or partially not included.

5.8 Law and Jurisdiction

The General Conditions are governed by and construed in accordance with the laws of Spain. INNOVAWIN and the User agree to submit any dispute that may arise over the access, use and/or purchase of products or services through the Website, to the courts of Mataró, Spain, unless the law says otherwise.

II. Legal Framework – InnogetCloud

6. Terms of Use

6.1 Definitions

Client: the legal entity that contracts the services of Innogetcloud offered by INNOVAWIN.
Administrator: the person designated by the Client to exercise the functions described in these Terms.
Manager: the person designated by the Administrator according to the functions of these Terms and whose access is created, invited, approved, administered and managed by the Administrator under paragraph 3 of the present Terms.
User: the end user that can use Innogetcloud in accordance with the functions under these Terms and whose access is created, invited, approved, administered and managed by the Administrator under paragraph 3 of these Terms. Users are companies, students and researchers.
Challenges: are the Challenges made by Users to inform, via the Innogetcloud tool, about a problem or a specific need in relation to any of the PCAs in order to generate and get solutions from other Users.
PCA: Pre-defined Collaborative Approaches (PCAs) which are self-contained project types aimed at providing companies with models of project typologies to be adapted to the specific needs of the Challenge being addressed.
Motivation Letter: a letter of motivation submitted by teams of users (students and researchers) to be selected for co-creating a solution with the Challenge owner user (companies).
Solutions: are co-created projects and presented as a solution to meet the needs of User’s challenge owners.

6.2 User License

Under EU Grant Agreement No 101070297, the INDUSAC Consortium, as well as the Administrator, the Managers and the Users are granted a user license which is non-exclusive, non-transferable, with no possibility of transferring the Software to third parties, limited and subject to the temporary duration and functionality of the service contracted, and the following obligations:

The Software will be accessible via the Internet and the Administrator, Manager and User cannot use it offline.
The INDUSAC may make one (1) copy of the data entered in the Software solely for backup and archival purposes. This copy must bear a copyright notice along with any additional references to the rights of Licensor concerning the Software and the designation of the original version. In any case, said copy shall be under the strict control of INDUSAC and cannot be made available to third parties through any system or procedure.
The Software may contain User control systems, limiting the use thereof according to the purpose of the INDUSAC project.
INDUSAC, Administrator, Manager and User may not alter, consolidate, modify, adapt or translate the Software or decompile, reverse engineer, disassemble or otherwise reduce to a form perceptible to a person, unless the Licensor has expressly authorized it and in writing.
INDUSAC, Administrator, Manager and User may not sell, rent, lease or sublicense the Software.

6.3 Creation, invitation, approval, administration and management of the Administrator, Manager and User

The Client may assign the functions of Administrator to any individual they wish.

The Administrator may create, invite, approve, administer and manage Managers and Users. Likewise, the Administrator, according to the features available can use the functions that the present Terms grant to them.

The Manager, according to the functions assigned by the Administrator, may have different functions such as supervision, approval, modification or rejection of the Technology Requests and Offers under paragraph 5 of these Terms.

The User can use Innogetcloud and post Challenges with filters previously established by the Administrator. The user can also form teams and send Motivation Letters as well as co-created solutions in response to available Challenges.

The Administrator may invite Managers and Users.

The Administrator can manage the list of invitations using reminders or by eliminating the invitation.

The Administrator may authorise access to those Users who have requested to use Innogetcloud.

In the event that the Administrator invites other Users, before showing personal data concerning them on Innogetcloud, the Administrator shall obtain their prior consent, having informed them of the terms contained in these Terms of Use or have legal cause.

The Administrator may modify the Managers and Users, as well as modify their permissions.

Roles and permissions for the Managers and Users shall be authorised by the Administrator.

The Administrator may register and unregister Managers and Users and modify their permissions.

6.4 Challenges, Motivation Letters and Solutions

The Administrator and, where appropriate, the Manager may review, approve, propose amendments and not approve Challenges, Motivation Letters and co-created Solutions, as well as any other information users want to communicate in Innogetcloud. Likewise, they will be able to know the identity of the person that wants to post these Challenges, Motivation Letters and co-created Solutions as well as any other information.

Whoever communicates Challenges, Motivation Letters, Solutions, Contact Requests and any other kind of information demonstrates to INNOVAWIN and third parties that they are the owner and/or legitimate licensee and/or assignee of the intellectual property rights of any content and information provided in the Software, with power to license and transfer to third parties. In this sense, whoever posts Challenges, Motivation Letters, Solutions, Contact Requests, and any other information, states that they have the legal capacity to carry out such action, thereby not violating any rights, specifically, exclusive rights, Intellectual Property and/or confidentiality agreements signed with third parties.

Whoever communicates Challenges, Motivation Letters, Solutions, Contact Requests and any other kind of information is responsible for acknowledging the authorship and invention of the published information and any information provided in the Software.

In order to deliver the functionality and Website Services, whoever posts Challenges, Motivation Letters, Solutions and any other information grants INNOVAWIN a non-exclusive license of worldwide territorial scope and unlimited time, free of royalties and payments, with power to license to third parties to reproduce and transmit the information on the Website, including its results in search engines, social networks and marketing communications to third parties without prejudice to the rights of intellectual property and Confidentiality that apply to the User.

Whoever communicates Challenges, Motivation Letters, Solutions, Contact Requests and any other kind of information knows and accepts that the mere fact of reporting information on the Website, whether through a Challenge or any other way, does not imply that third parties who use the Website are required to treat the information provided on the Website as confidential, without prejudice to the rights of intellectual property corresponding to the User.

6.5 Branding and the Client’s brands

The Administrator can adapt and choose the design of Innogetcloud and insert their brand and/or logo in Innogetcloud. The Client declares to INNOVAWIN and third parties that they have the necessary rights to insert their brand and/or logo in Innogetcloud. So that the Administrator can display their brand and / or logo in Innogetcloud, the Client grants a non-exclusive license of the graphic representation of the brand with worldwide territorial scope and unlimited time, free of royalties and payments, to represent graphically their trademark in Innogetcloud, without prejudice to the intellectual property rights that apply to the INDUSAC.

The Administrator can choose an Innogetcloud URL address for their users. The Client declares to INNOVAWIN and third parties that they have the necessary rights to include certain words in the URL. For this purpose, the Client grants a non-exclusive brand license with worldwide territorial scope and unlimited in time, free of royalties and payments, without prejudice to the industrial property rights corresponding to the Client.

6.6 Communications made by the Administrator

The Administrator can send communications to the Managers and Users. For this purpose, the Administrator declares to INNOVAWIN that they have the express prior consent of Managers and users or legal grounds for such action, and that it is not a commercial communication unwanted by Managers and users.

INDUSAC is responsible for the content of communications. In this sense, INDUSAC must have the necessary rights to the content of communications, including the rights of intellectual property, image rights and other rights.

6.7 Technical support

INNOVAWIN provides telephone and online technical support to the Administrator to resolve any problem, doubt, question or technical problem involving the software.

If the Administrator accepts requests for technical support from the Managers and Users of Innogetcloud, the Administrator can provide INNOVAWIN with said requests so that INNOVAWIN can resolve them. INNOVAWIN shall provide answers to the Administrator who should refer them to the Managers and Users of Innogetcloud.

6.8 Liability

INNOVAWIN is not liable for updating Innogetcloud or for ensuring that the information posted is accurate or complete. Therefore, the User must confirm that the information posted in the latter is accurate and complete before making any decision related to any product, service or content described on Innogetcloud.

The access to the software by the Administrator, Manager and User does not imply the company's obligation to ensure the absence of viruses, worms or other harmful computer elements. The Administrator, Manager and User are responsible for the availability of adequate tools to detect and eliminate malicious software.

INNOVAWIN cannot be held responsible for damage caused to the software and hardware of the Administrators, Managers, Users or third parties during the use of the services offered on Innogetcloud, or for any damages of any kind caused to the Administrator, Manager and User as a result of the failures or disconnections of telecommunications networks that produce the suspension, cancellation or interruption of the software service for the benefit of the same or prior.

If the Administrator, Manager or User breaches any of its obligations under these Terms of Use they are held responsible, including any expenses that this may incur for INNOVAWIN.

6.9 Innogetcloud’s suitability

It is the responsibility of INDUSAC the suitability of Innogetcloud to obtain those results that are expected from it.