All terms used in this Terms and Conditions of Service agreement have the meaning set forth in the section titled Definitions. By using the Website, Customer accepts the practices described in these Terms and Conditions of Service. If Customer does not agree to these Terms and Conditions of Service, the Customer may not use the Website. Engorithm SA reserves the right to modify or amend the Terms and Conditions of Service at any time without notice. The Customers continued use of the Website following the posting of changes to these terms will mean the Customer accepts those changes. Any new features that augment or enhance the current Service shall be subject to these Terms and Conditions of Service. Continued use of the Website after any such changes will mean the Customer accepts those changes.
Definitions
Agreement means these Terms and Conditions of Service and any document referencing these Terms and Conditions of Service, and any other schedules, exhibits or appendices thereto, whether attached or incorporated by reference. Confidential Information means all information which inSun protects against unrestricted disclosure to others, including but not limited to: (a) inSun Service, including without limitation the following information regarding inSun Service: (i) computer software source code, programming techniques and programming concepts, methods of processing, system designs embodied in inSun Service; (ii) data structures, logic diagrams, functional specifications; (iii) discoveries, inventions, concepts, designs, flow charts, documentation, product specifications, application program interface specifications, techniques and processes relating to the Service; (b) the research and development or investigations of Engorithm SA; (c) product offerings, content partners, product pricing, technical drawings, algorithms, processes, ideas, techniques, formulas, data, schematics, trade secrets, know-how, improvements, marketing plans, forecasts and strategies; Content means visual, audio, numeric, graphical, text or other data or content made available through the Website or otherwise by Engorithm SA for use in conjunction with the Service. Customer means the entity or individual that has consented to this Agreement by execution of an Order Form that references these Terms and Conditions or by any other legally binding method of acceptance of this Agreement, including checking a box on a registration page or any other page on the Website that precedes access to the Service. Customer Data means any materials, data and information provided by Customer to Engorithm SA in the course of using the Service. Marks means all trademarks, service marks and trade names of Engorithm SA and its partners and licensors used herein (including without limitation the name, logo, and the associated designs and logos. Order Form means the written order form or other ordering documentation (including a registration Webpage or Website) entered into by Engorithm SA and Customer containing the specific terms and conditions applicable to the Service and which references these General Terms and Conditions. Services means any service provided through a Website established by Engorithm SA. inSun means the online, Web-based applications and platform operated by Engorithm SA via http://www.insun.cloud and/or other designated Web-based applications that have insun.cloud its domain name and any other name as a subdomain, that are ordered by the Customer as part of a free trial or under an Order Form. Website means the website operated by Engorithm SA via http://www.insun.cloud and/or other designated websites that have insun.cloud as its domain name and any other name as a subdomain.
General Usage Terms
Agreement means these Terms and Conditions of Service and Information pertaining to a Customer, including but not limited to the username, email, and name, must correspond to the person who uses or will use the credentials of the Customer to access and use the Service. The username and password of a Customer is for the exclusive use of that Customer and may not be used by any other person or entity. Customer shall not license, sell, lease, rent, outsource or otherwise make available the Service to third parties. When using the Service Customer shall not: (a) attempt to translate, decompile, reverse-engineer, or decipher any part of the Website, or otherwise infringe upon the intellectual property rights of Engorithm SA or unauthorized use or disclose of Confidential Information; (b) transmit any content, data or information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable; (c) interfere with or disrupt the inSun software, the inSun systems used to host the Service, other equipment or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service made known to Customer; (d) circumvent the user authentication or security of the Site or Service or any host, network, or account related thereto; (e) use any application programming interface to access the Service other than those made available by Engorithm SA; (f) mirror the Site on any server; (g) make any use of the Service that violates any applicable local, state, national, international or foreign law; or (h) fail to use commercially reasonable efforts to prevent the unauthorized license, sale, transfer, lease, transmission, distribution or other disclosure of the Service, or (i) allow any third party to use any user identification(s), code(s), password(s), procedure(s) and user keys issued to, or selected by, Customer for access to the Service. Non-compliance by User with this obligation will lead to legal sanctions. In this case, if the payment has been made or if the access code(s) has already been delivered to the user, inSun has the right to block access to the software without returning the amount already paid by the user. If Customer is granted a license under this Agreement to a free (no fee) version of the Service, to the extent permitted by applicable law, Customer agrees that (i) Engorithm SA has no obligation to provide any particular service level or support services, and (ii) Engorithm SA may cease providing the Service at any time without notice.
Personal Information
Access to inSun Website requires that you create a user account. When you register a user account, Engorithm SA will collect certain information that identifies you, including, but not necessarily limited to your name, email address, and other individually-identifiable information (Personal Information). Additional Personal Information may be requested at other times as well in order to expand or enhance the Services provided by the Website. We may store this information in databases that are owned and controlled by third-parties that provide services such as, but not limited to, email newsletters, payment processing, and customer management.
Account Security
Customer are entirely responsible for the security and confidentiality of their passwords and other account security credentials. Furthermore, Customer is entirely responsible for any and all activities that occur under Customer’s account. Customer agrees to immediately notify Engorithm SA of any unauthorized use of Customer account or any other breach of security of which Customer becomes aware. Customer is responsible for taking precautions and providing security measures best suited for Customer situation and intended use of the Services and Website. Engorithm SA has the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights or business). Customer understands that anyone able to provide Customer personally identifiable information will be able access Customer account so Customer should take reasonable steps to protect this information.
Right to Block Access
Engorithm SA may, at its discretion, disable the account of a Customer, and otherwise prevent that Customer from using our Services. Engorithm SA may also block Customer access to the Website in the event that (a) Customer breaches these Terms and Conditions of Service; or (b) Engorithm SA believes that Customer actions may cause financial loss or legal liability for Customer, other Customers or Engorithm SA.
Anonymous Information
During your use of the inSun Website, Engorithm SA may also collect certain information that does not identify you individually (Anonymous Information). Anonymous Information helps us determine how people use parts of the inSun Website so we can improve our Website and ensure that it is as appealing as we can make it for as many people as possible. We may also use or share Anonymous Information (or other information, other than Personal Information) in any manner that we deem appropriate or necessary.
User Names and Contact Information
Usernames and contact information are only accessible to the user and Website administrators.
We may, from time to time, send registered users emails regarding upgrades to the Website or changes that affect your user account. Anyone who wishes not to receive any future emails from us can, at any time, communicate to us via email their desire to do so.
Access and Interference
Customer agrees not to use any robot, spider, scraper or other automated means to (i) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Website; or (ii) bypass any measures Engorithm SA may use to prevent or restrict access to the Website.
Emergency Situations
Engorithm SA may also disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on Engorithm SA or the Website; (b) protect and defend the rights or property of Engorithm SA, the Website or the users of inSun, and (c) act under emergency circumstances to protect the safety of inSun, the users of the Website or the public.
Transactional Partners
In some cases, Engorithm SA may partner with another company who provides services within the Website, and during such transactions user will be transacting directly with such partner. On these pages, the transactional partner’s brand will be clearly visible. When using these partner pages, Customer will be bound by the partner Terms and Conditions of Service in addition to remaining bound by inSun’ Terms and Conditions of Service. When there is a conflict between inSun’ Terms and Conditions of Service and partner Terms and Conditions of Service, inSun’ Terms and Conditions of Service shall be held as the primary, enforceable Terms and Conditions of Service.
Links to third parties
The inSun Website may contain links to Websites maintained by third parties. Such links are provided for your convenience and reference only. Engorithm SA does not operate or control in any respect any information, software, products or services available on such Web sites. inSun’s inclusion of a link to a Website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
Disclaimer of guarantee
Customer’s use of and browsing of this Website are at Customer’s own risk and with the knowledge that Engorithm SA will not be liable to the Customer for any damages as a result of use of the Website. Any and all information generated by this website are intended to serve as guides only. Engorithm SA does not guarantee the results of the Service, which depend to a large extent on the parameters determined by the user. The validity of the content of meteorological databases and the validity of components databases cannot be guaranteed. Under no circumstances can inSun be held responsible for potential consequence of a real different result with regards to the Service''s prediction. The design of a renewable energy system should be undertaken only by a trained and qualified engineer and in compliance with any and all applicable laws and codes. Engorithm SA PROVIDE THE WEBSITE, EVERYTHING ON THE WEBSITE AND SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Engorithm SA SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Engorithm SA MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. Engorithm SA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to the Customer. This warranty gives Customer specific legal rights and Customer may also have other legal rights that vary from state to state.
Limitation on Liability
In no event shall Engorithm SA be liable for lost profits or any special, indirect, punitive, incidental or consequential damages arising out of or in connection with our website, any content thereon, our services or this agreement (however arising, including negligence) or Customer’s use thereof, whether in a contract action or based on negligence, or other tort action, or any other claim whatsoever, even in Engorithm SA has been advised of the possibility of such damages. Customer agrees to defend, indemnify and hold Engorithm SA and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorney’s fees, related to any violation of these terms by Customer or in connection with the use of the Website or the Internet or the placement or transmission of any message or information on this Website by Customers, or Customer’s violation of any law or the rights of a third party.
Privacy
Customer’s use of the Website and Services is subject to inSun’s Privacy Policy. Please read the Privacy Policy.
Copyright and Ownership
All elements of the Website, including without limitation the general design, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights and may not be reproduced, distributed, transmitted, displayed, published, framed, posted, broadcast, or sold in any form or by any means, in whole or in part, without the prior written of Engorithm SA or in the case of third party materials, the owner of that content. The Services and the Website may only be used for the intended purpose for which such Website and Services are being made available. The Website and all related rights shall remain the exclusive property of Engorithm SA or its licensors unless otherwise expressly agreed. Customer will not remove any copyright, trademark or other proprietary notices from material found on this Website. Customer may not use the Marks as a hot link on or to any other website unless establishment of such a link is approved in advance. Customer shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Customer’s use of the Website and Services.
Purchase of the License rights and methods of payment
Orders are made online. Payment can be made credit card, in this case we send back an acquitted invoice. It can also be made by bank transfer after have receipted our invoice. The license activation will be done in the days following the integral payment of the payable amount, along with the paid invoice.
Refund Policy
If the Customer has agreed to use a paid version of the Service, the Customer will be billed in advance. Payment for the Service will grant the Customer access to the Service for a specified amount of time. Any payment made to Engorithm SA is non-refundable. There will be no refunds or credits for partial periods of service not used.
Account Deletion
Any user can delete their inSun account at any time. To do so, the individual must login to www.insun.cloud and follow the account deletion procedure.
Provider
Only Engorithm SA commercializes inSun. There are no other authorized providers for this Service. inSun is only available on the official website www.insun.cloud
Technical support
As far as possible, Engorithm SA provides technical support to the Customer, however without a guarantee of success. Technical service is provided by e-mail. If a dysfunction occurs, the Engorithm SA team will try to correct the error as quickly as possible.
Other Terms
This Agreement constitutes the entire agreement between Customers and Engorithm SA and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between Customers and Engorithm SA with respect to this Web site and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the Swiss laws, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
Governing Law/Assignment
Our Website is hosted on Microsoft Azure. Switzeland law shall govern in any and all disputes, including privacy or defamation issues or otherwise. Engorithm SA may change its ownership or corporate organization while providing the Website and services. As a result, please be aware that Engorithm SA may transfer your information to another organization or company that is affiliated with Engorithm SA or with which Engorithm SA has merged. Any new organization or company will also follow this Privacy Policy