Terms of Use

GENERAL TERMS OF USE OF THE NIMBUS SYSTEM
 

Version 1.0
of 13th June 2019

 

A. INTRODUCTORY PROVISIONS

Article 1

(1) These General Terms of Use form an integral part of the agreement on the use of the information system NIMBUS (hereinafter referred to as the IS) and all its subsystems. The IS is the property of STUDIO OKOLJE d.o.o., Ljubljana (hereinafter referred to as the IS administrator). The IS administrator has full right of disposal over the IS and gives users that are contracting authorities access to the IS (a license to use it) based on the valid tariff or the concluded contracts, as amended from time to time, under the conditions set out in these General Terms of Use in accordance with the instructions on how to use the system and any agreements concluded with them. The General Terms of Use apply to all clients using the IS in any way.

(2) The clients (hereinafter referred to as the users) undertake to use the IS solely for the purpose for which it was set up and only in the manner envisaged. Any use or attempt at using the IS in contravention of the General Terms of Use or abuse or attempt at abusing the IS can result in the user being banned from or forbidden to use the IS and the termination of the contractual relationship between the client and the administrator. An abuse or an attempt at abusing the IS committed by the user or a third party can also be treated as a criminal offence or a violation of these General Terms of Use, which can lead to the infringer’s criminal and civil liability.

(3) The IS, its subsystems and all its integral parts represent copyrighted work, protected under the copyright legislation and international copyright agreements in force as well as regulations on the protection of intellectual property, and are the property of the holder of material copyright (the IS administrator). The IS or any of its parts may not be used in contravention of the provisions of these General Terms of Use. The use of the IS in contravention of these General Terms of Use represents a copyright violation and shall, as such, result in the infringer’s liability in accordance with the regulations in force.

(4) Under these General Terms of Use or contracts with contracting authorities representing the use of the IS to which these General Terms of Use apply, the IS administrator does not transfer any material copyright arising from the IS to the contracting authorities, users or third parties.

(5) In addition to software, the IS can also comprise special purpose hardware or a combination of hardware and software (different sensors and communication links between them, based on different, usually wireless) protocols. A purchase or lease of such equipment shall be subject to a separate agreement between the IS administrator and the contracting authority and the IS is used as a communication channel for the supervision and use of such equipment.

 

B. PRESUMPTION OF ACQUAINTANCE WITH THE GENERAL TERMS OF USE

Article 2

(1) These General Terms of Use are publicly available on the IS websites at beta.studiookolje.si (General Terms of Use) or their subdomains (e.g. studiookolje.si, etc.). Furthermore, any tender or contract with the intention to use this IS shall make explicit or indirect reference to them by indicating the use of the IS. The client using this IS shall be considered to be familiar with these General Terms of Use and to fully accept them upon entering the IS.

(2) For the needs of its clients, the IS administrator can set up an individual graphically adapted IS operating under a subdomain of the IS (as a rule, beta.studiookolje.si). Regardless of the graphically adapted solution via which the user is accessing the IS, the latter is an integral IS with functional characteristics from these General Terms of Use, and these General Terms of Use also apply to such a graphically adapted solution.

(3) Upon the user’s first identification in the IS (upon registration as a condition for registration or the first login), these General Terms of Use are displayed and the user must, in order to enter the IS or start using the IS for the first time, confirm the acceptance of these General Terms of Use. The IS stores the confirmation of these General Terms of Use by recording the version of the General Terms of Use accepted by a particular user in the IS database. With the entry of the confirmation of the General Terms of Use in the database, the user shall be considered to be familiar with and to fully accept the General Terms of Use. Upon every change to the General Terms of Use, the user must reconfirm their acceptance with the current version. The first identification in the IS with the user’s username (email and password) shall be considered the first entry in the closed IS.

(4) It is possible to use the public (open) part of the IS without identification in the IS, while the IS functionalities can only be used subject to registration and authentication in the IS; consequently, the IS is considered to be a closed IS within the meaning of the e-commerce legislation in force, as defined below.

(5) By accepting the General Terms of Use, the user allows the following personal data to be used for the purposes of authentication in the IS: the user’s name and surname, email address, identification of the relevant client. All the indicated personal data is required for the identification and/or authentication of the user in the IS. At the user’s request, the system administrator shall, in the shortest possible time after receiving a request from the user’s email address or the email address of the user’s statutory representative, delete all the indicated data, except the history of data on the use of the system (such data is kept in accordance with the legislation in force for the purpose of proving the IS use history).

(6) In order to use the IS successfully, the user needs a computer with an installed current browser version supporting HTML5 (Internet Explorer, Edge, Mozilla Firefox, Google Chrome, Apple Safari or another supported browser or a browser for which active support is offered by the provider) and JavaScript and an appropriate Internet connection (to keep the system running smoothly, the user must have open access to gates 80 and 443).

(7) The use of the IS is generally independent from the hardware if the requirements referred to in the previous paragraph of this article are met (usage is typically possible on personal computers with Windows, Linux and iOS, tablets with Windows, iOS and Android and on smartphones with iOS and Android).

 

C. MEANING OF TERMS AND USE OF THE IS

Article 3

(1) The terms used in the IS General Terms of Use shall have the following meanings:
- user is any client entering and communicating in the IS;
- IS administrator is the company that ensures that the system is running smoothly and grants user rights;
- contracting authority is the registered user of the IS, using the IS on the basis of the contract or another agreement with the IS administrator and having one or more users registered in the IS;

(2) The IS is intended for remote monitoring of data from different sensors using different communication protocols (wireless, as a rule), either in real time or for statistical purposes, supervision of remote sensors and devices connected to the IS, and monitoring the statistics of events. The purpose of the IS is also to provide to the contracting authority different information from various devices and sensors connected to the IS with the aim of informing the contracting authority and facilitating their decisions based on the data obtained.

(3) The IS refreshes data at certain time intervals or in real time. Nevertheless, it is necessary to understand that situations can arise in the use of the IS that can affect the accuracy and timeliness of the transferred information and data, such as for example: defect of certain hardware and/or software or sensor; irregular functioning of the IS due to a software error, disturbances in the (wireless) communications between the sensors and devices and the IS; incorrect programming or settings of individual devices and similar. The contracting authority is thus aware that the IS is not a critical IS that would function in all cases and would be intended for use in critical environments, and that it is only intended to support the contracting authority's existing decision-making process. The use of the IS for the parameterisation or deciding on the method of operation of critical systems (systems that would cause significant material damage, endanger the lives of people or animals, cause severe damage to the environment and similar) is not permitted. The contracting authority shall thus be obliged to handle any information obtained from the IS for information purposes only and when deciding on its basis consider, as one of the options, that for various reasons the data in the IS system (listed as examples above) are inaccurate and do not represent the actual state, which means that the contracting authority is obliged to verify the accuracy of such data and information in other ways (e.g. through direct inquiries or via other independent method and systems not related to this IS).

(4) The owner of the data in the profile of a contracting authority or user is the contracting authority, while the IS administrator can handle and process the data for the purpose of statistics and further processing and use or sale to third parties. Forwarding data to third parties by the contracting authority or giving the IS to third parties (for further sale or use of data by third parties) shall not be permitted without special agreement between the IS administrator and the contracting authority.

(5) The official date and time to which data are shown in the IS are tied shall be the local date and time set on the server that is displayed in the IS in the framework of the data on individual IS pages.

 

D. HOW TO USE THE IS ENTERING AND LEAVING THE IS

Article 4

(1) Every user accesses the IS using a secure connection (SSL protocol, https connection). All communication between an individual user and the IS is encrypted. The IS records the accesses of individual users in the IS and can also record individual activities of the use of the IS.

(2) A user who is not registered and logged into the IS can only access the pages where registration is not required, including the access to these General Terms of Use of the IS.

(3) The IS enables identification with a username and a password.

(4) The combination of a username and a password to enter the IS enables unique identification of the user (and their contracting authority). A user who identifies him or herself with an appropriate username and password to enter the IS shall be considered to have sufficient authorisation from the contracting authority, appropriate for the substance, scope and purpose of the use of the IS, and is fully identified with this data.

(5) Every user must keep their identification elements (username and password) safe and must not share them with third parties or enable such parties to be informed of them. In the event of a suspected disclosure of identification elements, the user must immediately notify the IS administrator thereof and shall be issued new identification elements as soon as possible (the service is charged based on the valid tariff if the user fails to demonstrate that they are not responsible for the disclosure – the user carries the burden of proof). If the IS provides an initial password to the user upon registration or first use, the user shall be obliged to change it upon first login. The user can change the password at any time in line with the rules foreseen by the IS regarding the length and use of characters. The IS enables password resetting by sending a link for password change to the user's registered e-mail.

(6) The user stops using the IS by clicking the appropriate button in the browser (leave system), thus closing and ending the current session, and closing the browser (for security reasons).

(7) The above rules on entering and leaving the IS shall apply mutatis mutandis to all types of users identified in the IS.

(8) In the event of technical problems or questions regarding the use of the IS, the email address and telephone number for technical support is provided in the IS.

(9) Every user undertakes not to use the IS in contravention of these General Terms of Use or illegally or try to obtain data in the IS illegally, not to use harmful programs or files that could disrupt or disable the operation of the IS or communication in the IS, not to change data in the IS in contravention of the manner of operation of the IS and not to use the IS for false representation under other names and without the authorisation of third parties on their behalf.

 

E. FORCE MAJEURE

Article 5

(1) Force majeure means all unpredicted and unexpected events that occur independently of the parties' will and that the contracting authority, user or the IS administrator could not have foreseen and that in any way affect the operation of the IS and the content of the data in the IS.

(2) In the event of force majeure, the contracting authority or the IS administrator shall notify all clients as soon as possible, either by electronic or other means. In the event of any impact of the force majeure on the operation of the IS, the users shall be obliged to monitor the operation of the IS and their actions with particular care.

(3) None of the clients shall be liable for their failure to fulfil any of their obligations for reasons that are beyond their control.

 

F. IS FAILURE OR IS FUNCTION FAILURE

Article 6

(1) The IS administrator shall ensure that the IS runs smoothly. As the IS is complex, the possibility of errors in its operation cannot be fully eliminated, both in its hardware and software or communications. In the event of an IS failure, the IS administrator shall ensure that the IS is down for the shortest possible time and shall, to the best of its ability, strive to bring the IS into operation.

(2) The IS administrator does not assume any liability for the damage that anyone (contracting authority, user or a third party) may incur as a result of using the IS and shall be liable to the contracting authority up to the amount of the monthly financial compensation for the use of the IS. The IS administrator shall not be held liable for the damage resulting from third party actions or (non-)operation of the IS or its parts or devices that use the IS data as the input data or data for further deciding on the actions of the contracting authority, third parties or the functioning of devices, since the purpose of the IS is merely to provide additional information to the contracting authority or the users, and the IS data are to be used for information purposes only and have to be further checked when used in the decision-making process.

(3) The IS administrator does not assume any liability for direct or indirect damage (including commercial damage, loss of income, suspension of operations, loss of data) incurred with or arising from the use of the IS.

(4) The IS administrator maintains the IS for the duration of the contractual relationship with the contracting authorities. In order to eliminate errors and maintain the IS, the latter can be subject to occasional planned suspensions of operation that will take place outside regular working hours (as a rule, in the afternoon or evening, on non-work days and during the night). As a rule, users will be informed of any planned suspensions of operation in the IS at least one day in advance. In the case of eliminating major errors, there can be occasional several minute long interruptions, which is why the IS may not be used in connection with other critical systems and the IS administrator shall assume no liability for any such use by the contracting authority or a third party.

(5) The IS administrator may, in individual cases, temporarily or permanently deactivate or restrict or terminate the use of some IS functionalities - should the contracting authority believe that these are crucial for them, they can demand compensation of the usage fee for the period from the termination of such functionality until the expiry of the contractual relationship. The IS administrator shall have the right to change or add IS functions without prior notification.

 

G. FINAL PROVISIONS

Article 7

(1) These General Terms of Use enter into force the day when they are published on the IS website. Any amendment to the General Terms of Use shall enter into force 10 days after its publication and the users confirm their acceptance upon their next log-in in the IS.

(2)  As a rule, information is stored in the system for at least 3 months from their entry or acquisition (or longer), and the contracting authority may archive them (the IS enables export to the specified formats). Individual readings by external devices (sensors) can be shown in real time or merely kept as aggregates, averages or data at a certain interval (e.g. one minute, one hour, etc.). Nevertheless, the contracting authority must, in the shortest possible time, save all the content with all the relevant data to its own medium. In no case shall the IS administrator be responsible for potential loss of the IS data, regardless of whether the loss is the result of malfunctioning, defect or since the data are no longer stored.

(3) The IS is the property of the author or the holder of material copyright, STUDIO OKOLJE d.o.o., Ljubljana. The author of the system does not check the data entered into the IS and shall not be responsible for the data in the IS (including any malware code or computer viruses uploaded to the IS) – the IS is automated and the author does not, in any case, have any control over the actions of individual IS users and shall not be responsible for the data entered by the user (contracting authority) or obtained from other sources (external users, manual import, sensor data or data from external devices).

(4) If not otherwise provided, a special provision shall have precedence over a general provision. If the content of the contractual provisions between the contracting authority and the IS administrator is in contravention of these General Terms of Use, the contracting authority shall be considered to have agreed to these General Terms of Use. If the Instructions of Use of the IS differ from these General Terms of Use, the provisions of these General Terms of Use shall prevail.

(5) The IS users undertake to strive to resolve any disputes and ambiguities regarding the use of this IS amicably. If an agreement between the parties cannot be reached, any disputes arising from the use of the IS shall be resolved by the court with subject matter jurisdiction in Ljubljana under Slovenian law.

(6) These General Terms of Use are made in the Slovenian language and can be translated into other languages, provided that the IS is also translated into other languages. In case of inconsistency in the translation, the Slovenian version of the General Terms of Use prevails over other versions.