This BigDataOcean Platform License Agreement (the "Agreement") is made and entered into by and between HOLISTIC SA, UBITECH, MARINETRAFFIC ("Owners") and the entity or person agreeing to these terms ("Customer").This Agreement is effective as of the date Customer signs up to the BigDataOcean platform(the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that: (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not sign up on behalf of the Customer. This Agreement governs Customer's access to and use of the BigDataOcean platform
Subject to this Agreement, during the Term, Customer may: (a) use the BigDataOcean Services, (b) integrate the BigDataOcean Services into any Application that has material value independent of the BigDataOcean Services, and (c) use any Software provided by the Owners as part of the Services. Customer may not sublicense or transfer these rights except as permitted under the Assignment section of the Agreement. The Owners may: (i) make new applications, tools, features or functionality available from time to time through the BigDataOcean Services and (ii) add new services to the "BigDataOcean Services" definition from time to time (by adding them at the URL set forth under that definition), the use of which may be contingent upon Customer's agreement to additional terms.
Materials provided on this Platform are provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. The Owners specifically do not make any warranties or representations as to the accuracy or completeness of any such Materials. The Owners periodically add, change, improve, or update the Materials on this Platform without notice. Under no circumstances shall the Owners be liable for any loss, damage, liability or expense incurred or suffered which is claimed to resulted from use of this Platform, including without limitation, any fault, error, omission, interruption or delay with respect thereto. Use of this Platform is at Customer's sole risk. Under no circumstances, including, but not limited to, negligence, shall Owners be liable for any direct, indirect, incidental, special or consequential damages, even if they have been advised of the possibility of such damages.
Customer specifically acknowledges and agrees that the Owners are not liable for any conduct of any Customer.
This Platform may contain advice, opinions, and statements of various information providers and content providers. The Owners do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, or any user of this Platform or other person or entity. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk. Neither the Owners, nor any of their respective agents, employees, information providers or content providers shall be liable to any Customer or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, for any damages resulting therefrom.
As a condition of use of this Platform, Customer agrees to indemnify the Owners from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees) arising out Customer's use of this Platform, including without limitation any claims alleging facts that if true would constitute a breach by Customer of these terms and conditions. If Customer is dissatisfied with any material on this Platform or with any of terms and conditions of use of this Platform, Customer's sole and exclusive remedy is to discontinue using this Platform.
Nothing in this Platform or any Materials shall be construed, implicitly or explicitly, as containing any business recommendations. Accordingly, nothing in such Platform, or in such Materials, constitutes an offer of or an invitation by or on behalf of the Owners to use, purchase or sell any of the technologies and solutions mentioned, nor should it be considered as business advice.
Applicable laws; consents
This Agreement will be interpreted and enforced in accordance with the laws of Greece. Any action to enforce this agreement shall be brought in the courts located in Athens.
Customer specifically acknowledges that its use of the Platform may be subject to applicable law and to the rules and regulations of various regulatory authorities, as well as restrictions imposed by various data providers, any or all of which may restrict such use. Customer agrees to identify and obtain any agreement, approval, license or permit from which may be so required, at Customer's own expense.
The Owners reserve their exclusive right in its sole discretion to alter, limit or discontinue the Platform or any Materials in any respect. The Owners shall have no obligation to take the needs of any user into consideration in connection therewith.
The Owners reserves the right to deny in its sole discretion any user access to this Platform or any portion thereof without notice.
No waiver by the Owners of any provision of this Agreement shall be binding except as set forth in a writing signed by its duly authorized representative.
As the Platform collects personal data, it is subject to the General Data Protection Regulation (GDPR)- Regulation (EU) 2016/679 - on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Because we gather certain types of information about the users of this Platform, we want to ensure that you fully understand the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.
What information does the platform collect?
If you register as a user for this Platform, you will be asked for personal data, such as your name and email address. When you register, we may set a cookie, a small bit of code stored on your hard drive that enables you to manage your user profile. By setting this cookie the platform will remember you the next time you visit and won't have to bother you by asking questions you have already answered.
In addition, the Platform also records your IP address, which is the Internet address of your computer, and information such as your browser type and operating system. This information helps us learn about the geographical distribution of our Platform visitors and the technology they use to access our Platform. This information is never connected with the personal information you supply to us if you register on our Platform.
Who has access to your personal data and to whom is it disclosed?
Personal data provided to the Platform will not be visible for any other users of the Platform than the Owners.
What do the Owners do with the information?
The Owners uses the information for four primary purposes: a)To confirm your registrations on the Platform. b)To make the Platform easier for you to use by not having to enter information like your email address more than once. c)To help you quickly find information that is relevant to you based on your interests. d) To help us improve the Platform services in a way that are more relevant to you.
What if I don't want to share my information?
The Owners views the Customer information that it collects from its Platform as a trusted asset for which we take great care in not misusing.
The Owners will not share, sell, distribute or rent your information to anyone. Whenever we use other organizations to provide support services, we will require them to conform to our privacy standards and allow us to audit them for compliance. We will not otherwise reveal personal information to any external organization unless we have previously informed you by notice at this address, have been authorized by you, or are requested by law.
How do we protect and safeguard your information?
The Owners, employ a range of technologies to protect the information maintained on our systems from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
How can you verify, modify or delete your information?
In case you wish to verify which personal data is stored on your behalf in the Platform, have it modified, corrected, or deleted, please make use of the contact information mentioned in the Platform, and by explicitly describing your request. Any correction of your personal data will be taken into consideration from the data protection point of view.
How long do we keep your personal data?
Your personal data are kept for the existence of the Platform, and in the archives for a period of 5 years following the end of the Platform.
For any questions related to your rights, feel free to contact the Administrators and the Data Protection Officer, by using the contact information mentioned in the Platform, and by explicitly specifying your request.
Notification of Changes