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TERMS OF USE
General terms and conditions for MESPAC website registration and trial of MESPAC information services1. MESPAC GENERAL TERMS AND CONDITIONS
These General Terms and Conditions are provided by MESPAC S.r.l., with registered office in Torino (TO), via Ottavio Revel n. 16, VAT and registration n. IT 12704170013 , Companies' Register of 12704170013, REA n. TO–1310073, certified email address:[email protected] - https://mespac.space/contact-us/.These General Terms and Conditions govern the registration to MESPAC Website and, as long as it is discretionally provided by MESPAC, the trial by the User of the MESPAC Information Services.These General Terms and Conditions are published on the Website at the following URL: beta.app.mespac.space/legal.These General Terms and Conditions may be amended and updated by MESPAC. The access to the Website and/or to MESPAC Information Services implies acceptance by the User of the General Terms and Conditions of Use applicable and effective at the time when the Website and/or the Services are accessed by the User.
2. DEFINITIONS
For the purposes of these General Terms and Conditions, the following terms written with the initial capital letter shall have the meanings specified below: • “General Terms and Conditions of Services” or “TOS”: these General Terms and Conditions for registration and trial of MESPAC Information Services, which governs the registration to MESPAC Website and the trial of the User and its relation with MESPAC• “MESPAC”: the Italian company MESPAC S.r.l., with registered office in Torino (TO), via Ottavio Revel n. 16, VAT and registration n. IT 12704170013 , Companies' Register of 12704170013, REA n. TO–1310073, certified email address: [email protected], which provides the Information Services to the User in the trial governed by the TOS• “MESPAC Information Services” or “Services” or “MIS”: the provision of meteorological and marine data, information and forecasts, extracted from MESPAC Database and made available to the User through the technical means indicated in these TOS.• “MESPAC Database”: the collection of data, information, databases and works, organised in a systematic and methodical manner by MESPAC, including raw data, processed data, forecast models, algorithms and metadata, and accessible individually by electronic means or otherwise.• “Data”: the individual pieces of data or information, numerical, verbal, graphical or otherwise, contained in the MESPAC Database and made available to the User through the provision of the MIS.• “User”: the legal entity (natural or legal person) which has registered itself on the Website, has a valid MESPAC account, has accepted these General Terms and Conditions and accesses the trial of MIS;• “Website”: the website accessible to the URL https://mespac.space/
3. MESPAC WEBSITE REGISTRATION
The User registration to the Website requires prior acceptance of these TOS by the User, through the procedure provided by MESPAC on the Website. By providing the User data and information required for the registration and ticking the apposite acceptance boxes the User declares to accept and comply with these TOS.In case the User is a legal person, only a duly authorized representative of the User who has the capacity to accomplish all legal acts in the name and on behalf of the User necessary to register to the Website, access and use MESPAC Information Services may register to the Website and open a User account on the Website.In order to register to the Website and open the User account, the User is obliged to provide true and accurate information required in the registration form available on the Website and to keep them updated by amending the account information in the User area and, if the it is not possible, by informing promptly MESPAC of any change and variation.The User credentials for accessing the Services (username and password) are personal, confidential and non-transferable to third parties. The User is solely responsible for their custody and use, and undertakes to protect with utmost care the credential, adopt the customary measures to keep them secret (e.g. periodical change of the password) and to immediately notify MESPAC of any possible unauthorised use by third parties.The User credentials identify the User and constitute and represent an electronic signature according to EU Regulation n. 910/2014 on electronic identification and trust services for electronic transactions in the internal market. The use of the credentials and the authentication to the Website through the credentials attributes to the User all the activities done on the Website.The User’s MESCAP registration account may be discretionally suspended and/or terminated at any time by MESPAC.
4. TRIAL OF MESPAC INFORMATION SERVICES
In case MESPAC discretionally decides to grant to the User a trial of the MESPAC Services, the User shall have a time-limited, non-exclusive, non-transferable access to the Services disciplined by the TOS to the sole and exclusive purpose of trial and evaluation of the Services.The User is aware that the access to the Services is limited to the purpose of evaluating the Services in the view of a possible subscription to the Services. Trial access is not intended to allow the User to use the Services for business or operational purposes whatsoever.The trial and the Services may be discretionally suspended and/or terminated at any time by MESPAC.Access to the Website and to the Services does not entail the transfer of any rights whatsoever to the Database, Data, software or any other technological and intellectual component of the Services, which remain the exclusive property of MESPAC and its related parties in any country of the world.
5. USER'S OBLIGATIONS – NO WARRANTY
The User undertakes to use the Website and the Services in accordance with the applicable laws, this TOS and the principles of fairness and good faith.The User is expressly prohibited from any reproduction, modification, distribution, sale, transfer to third parties, decompilation (reverse engineering) or any other use or form of exploitation of the software, graphic interfaces, algorithms and any other element that makes up the Website, the Services, the Database and the Data, if not expressly authorised in writing by MESPAC.In consideration of the purposes of the registration and the trial, no warranty whatsoever is provided in relation to the Services and the Data provided, save mandatory legal provisions. In particular, amongst other things, the Website the Services and the Data are provided "as is", without any warranty, express or implied, as to its absolute accuracy, completeness, timeliness or suitability for specific purposes (such as, by way of example, navigation, maritime operations planning, or the safety of persons or property). The User shall be the only responsible for the choice and the use of the Website and the Services and for the interpretation of the meteorological, oceanic and risk data, projections, models and simulations provided by the Services. The User shall bear full liability for any damages and consequences whatsoever may occur out of the use of the Website and the Services.MESPAC Information Services are designed and marketed to be used by professionals and entrepreneurs within their professional activity. Therefore, these services cannot be used and are not offered to consumers and individual users and therefore consumer’s laws and regulations are not applicable.In order to access the Website and the Services, the User shall be exclusively responsible to have the adequate hardware, software and telecommunication services necessary to access and use the Services on the Website, at its own exclusive cost.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY - DATABASE PROTECTIONThe User acknowledges and is aware that the Website, the Database, including its structure, the selection and arrangement of materials and contents, as well as the software, graphic interfaces, algorithms methods and know-how, models, data, formatting, graphs, analyses, and any other element that makes up or is originated by the Services, constitute intellectual property exclusively owned in any countries of the world by MESPAC and/or its assignors, protected in Italy by copyright law (Law 633/1941) and the Industrial Property Code (Legislative Decree 30/2005) and in any other country of the world by the corresponding applicable legislation, as well as by relevant international conventions. In particular, among other things, the Database a) constitutes an intellectual creation by reason of the selection or arrangement of its contents and therefore is protected by copyright law under art. 1 and 2 of Italian Law 633/1941 and corresponding national and international provisions; and b) is created and updated with a substantial economic investment by MESPAC and/or its assignors, therefore, MESPAC and/or its assignors are recognised as the maker of the Database pursuant to Articles 102-bis and 102-ter of Law 633/1941 and corresponding national and international provisions, with the exclusive right to prohibit the extraction and/or reutilization of all or a substantial part of it.
7. PROHIBITION OF EXTRACTION, REUSE, DATA MINING AND TRAINING OF ARTIFICIAL INTELLIGENCE SYSTEMS
The User is expressly and strictly prohibited from: a) carrying out, directly or indirectly, through manual or automated tools (such as, by way of example and without limitation, bots, crawlers, spiders, scrapers), any activity involving extraction or reuse of all or part, even if not substantial, both qualitatively and quantitatively, of the contents of the Website, the Database and copyrighted materials; b) text and data mining (“Text and Data Mining” – “TDM”), in accordance with current copyright legislation. In particular, pursuant to and for the purposes of Article 70 quater of Law No. 633/1941, the reproduction and extraction of data, information, texts, and content of any kind from the Website, MESPAC Database and copyrighted materials are expressly reserved to MESPAC and, therefore, are expressly prohibited to the User and any other third party (“OPT OUT”). Pursuant to and for the purposes of Art. 70 septies of Law No. 633/1941, reproductions and extractions from works or other materials contained in the Website, the Database and copyrighted materials for the purpose of extracting text and data through models and artificial intelligence systems, including generative ones, are also expressly reserved to MESPAC and therefore expressly prohibited to the User and any other third party.Therefore, on the basis of the above, it is prohibited to access and use the Website, the Database and MESCAP copyrighted materials through automated programs, indexing and training software of any kind, “artificial intelligence” systems and related training software of any kind or for the purpose to extract text and data by artificial intelligence models and systems, including generative AI. Therefore, the User undertakes not to use, and to ensure that its employees, collaborators or authorised third parties do not use, the Data, information, Database or any part thereof, in any form and by any means, for the purposes of training, validation, calibration, testing, functioning, feeding or otherwise for the development and/or improvement and/or functioning of artificial intelligence systems, machine learning models, neural networks, large language models or any other algorithmic system, regardless of whether such activity is carried out for research, commercial or non-commercial purposes.MESPAC reserves all rights and titles in this regard.The delivery of the Data to the User by MESPAC does not in any way constitute authorisation or a written agreement pursuant to Article 25 of the EU Regulation on Artificial Intelligence EU/2024/1689 to provide the Data as “tools, services, components or processes” to be integrated into AI systems. The use of the Data in violation of this article shall be considered unlawful and constitutes a violation of MESPAC intellectual property rights and trade secrets.Violation of the prohibitions set forth in this article constitutes a serious and substantial breach of these TOS.
8. PROCESSING OF PERSONAL DATAThe Parties acknowledge that the processing of personal data connected with the execution of these TOS shall be carried out in accordance with Regulation (EU) 2016/679 (GDPR) and Italian Legislative Decree 196/2003. The User declares that they have read MESPAC privacy policy, available at the URL beta.app.mespac.space/legal.
9. GENERAL PROVISIONS
Any tolerance by one of the Parties towards conduct by the other Party in violation of the provisions of these TOS shall not constitute a waiver of the rights deriving from the violated provisions, nor of the right to demand the proper fulfilment of all obligations.If one or more clauses of these TOS are or become null and void or ineffective, this shall not affect the validity and effectiveness of the remaining provisions.
10. APPLICABLE LAW AND JURISDICTION
These TOS are governed by and interpreted in accordance with Italian law.Any dispute arising between the Parties in relation to the interpretation, validity, execution or termination of these TOS shall be settled exclusively by the Court of Torino, Italy to the exclusion of any other alternative or competing court.****
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the User declares that they have carefully read, understood and specifically approved the following clauses: Art. 1 (unilateral changes of TOS); Art. 3 - Subject matter of the Website registration; Art. 5 (No warranty); Art. 7 (Prohibition of Extraction, Reuse, Data Mining and Training of Artificial Intelligence Systems); Art. 10 (Applicable Law and Jurisdiction).
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the User declares that they have carefully read, understood and specifically approved the following clauses: Art. 1 (unilateral changes of TOS); Art. 3 - Subject matter of the Website registration; Art. 5 (No warranty); Art. 7 (Prohibition of Extraction, Reuse, Data Mining and Training of Artificial Intelligence Systems); Art. 10 (Applicable Law and Jurisdiction).