OCWS, Orinox Cloud Web Services Terms of Service
Posted: 15 February 2017
Effective: 15 February 2017
Thanks for using OCWS! These terms of service ("Terms") cover your use and access to our services, client software and websites ("Services"). Your agreement is with SAS ORINOX - 12 route des Fougerays 44110 CHATEAUBRIANT France - Capital de 176 023€ - RCS Nantes: 507959203.
Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you're agreeing to be bound by these Terms, our Privacy Policy and Acceptable Use Policy. If you're using our Services for an organization, you're agreeing to these Terms on behalf of that organization.
Your Digital Asset & Your Permissions
When you use our Services, you provide us with things like your Data Base, 3D model, Laser scan , diagrams, drawings, isometrics, datasheet, catalogues, files, content, messages, contacts and so on ("Your Digital Asset"). Your Digital Asset is yours. These Terms don't give us any rights to Your Digital Asset except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Digital Asset, backing it up, and sharing it when you ask us to. Our Services also provide you with features like auto tagging, integrity check, report, visualisation, management, document previews, commenting, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Digital Asset. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
Sharing Your Digital Asset
Our Services let you share Your Digital Asset with others, so please think carefully about what you share.
Your Responsibilities
You're responsible for your conduct. Your Digital Asset and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services.
Help us keep you informed and Your Digital Asset protected. Safeguard your password to the Services, and keep your account information current. Don't share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, our Services are not intended for and may not be used by people under the age of 18. By using our Services, you are representing to us that you're over 18.
Software
Some of our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
Beta Services
We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as OCWS's other services, so please keep that in mind.
Our properties
The Services are protected by copyright, trademark, and other laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, OCWS and ORINOX trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
Copyright
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
Copyright Agent SAS ORINOX 12 route des Fougerays 44110 CHATEAUBRIANT France copyright@orinox.com
Paid Accounts
Billing. You can increase your storage space and add paid features to your account (turning your account into a "Paid Account"). We'll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you're on an annual plan, we'll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You're responsible for all applicable taxes, and we'll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn't override these laws. No Refunds. You may cancel your OCWS Paid Account at any time. Refunds are only issued if required by law.
For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to or renewing a Paid Account.
Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it or reduce your storage to free space levels.Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
OCWS Teams
Email address. If you sign up for a OCWS account with an email address provisioned by your organization, your organization may be able to block your use of OCWS until you transition to an account on a OCWS team (e.g., OCWS Business plans or OCWS Education) or you associate your OCWS account with a personal email address.
Using OCWS Teams. If you join a OCWS team, you must use it in compliance with your organization's terms and policies. Please note that OCWS team accounts are subject to your organization's control. Your administrators may be able to access, disclose, restrict, or remove information in or from your OCWS team account. They may also be able to restrict or terminate your access to a OCWS team account. If you convert an existing OCWS account into part of a OCWS team, your administrators may prevent you from later disassociating your account from the OCWS team.
Termination
You're free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
- (a) you're in breach of these Terms,
- (b) you're using the Services in a manner that would cause a real risk of harm or loss to us or other users, or
- (c) you don't have a Paid Account and haven't accessed our Services for 12 consecutive months.
We'll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Digital Asset from our Services. If after such notice you fail to take the steps we ask of you, we'll terminate or suspend your access to the Services.
We won't provide notice before termination where:
- (a) you're in material breach of these Terms,
- (b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
- (c) we're prohibited from doing so by law.
Discontinuation of Services
We may decide to discontinue the Services in response to unforeseen circumstances beyond OCWS's control or to comply with a legal requirement. If we do so, we'll give you reasonable prior notice so that you can export Your Digital Asset t from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we'll refund the portion of the fees you have pre-paid but haven't received Services for.
Services "AS IS"
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, OCWS AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
WE DON'T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR OCWS'S OR ITS AFFILIATES' FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN'T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN'T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, OCWS, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON'T BE LIABLE FOR:
- i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
- ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT OCWS OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, OCWS, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. OCWS AND ITS AFFILIATES AREN'T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH OCWS.
Resolving Disputes
Let's Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against OCWS, you agree to try to resolve the dispute informally by contacting dispute-notice@orinox.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or OCWS may bring a formal proceeding.
Judicial forum for disputes. You and ORINOX agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in France, state courts of Nantes, subject to the mandatory arbitration provisions below. Both you and ORINOX consent to venue and personal jurisdiction in such courts.
Controlling Law
These Terms will be governed by France law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn't override those laws.
Entire Agreement
These Terms constitute the entire agreement between you and ORINOX with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
ORINOX’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. ORINOX may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications
We may revise these Terms from time to time to better reflect:
- (a) changes to the law,
- (b) new regulatory requirements, or
- (c) improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we'll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days fromwhen we notify you.
If you don't agree to the updates we make, please cancel your account before they become effective. Whereapplicable, we'll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect,you agree to be bound by the revised Terms.
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OCWS, Orinox Cloud Web Services Privacy Policy
Posted: 15 February 2017
Effective: 15 February 2017
Thanks for using OCWS. Here we describe how we collect, use and handle your information when you use our websites, software and services ("Services").What & Why
We collect and use the following information to provide, improve and protect our Services:Account.
We collect, and associate with your account, information such as your name, email address, phone number, payment info, physical address and account activity. Some of our Services let you access your accounts and your information with other service providers.
Services.
Our Services are designed to make it simple for you to store Your Digital Asset, collaborate with others, and work across multiple devices. To make that possible, we store, process, and transmit Your Digital Asset—like, Data Base, Model, files, messages, comments, and photos—as well as information related to it. This related information can be things like your profile information that make it easier to collaborate and share Your Digital Asset with others. Our Services provide you with different options for sharing Your Digital Asset. You may choose to give us access to your contacts to make it easy for you to do things like share and collaborate on Your Digital Asset, send messages, and invite others to use the Services. If you do, we'll store those contacts on our servers for you to use.
Usage.
We collect information relating to how you use the Services, including actions you take in your account (such as sharing, editing, viewing and moving files or folders). This helps us provide you with features like the "Events" page and version history. We also collect information from and about the devices you use to access the Services. This includes things like IP addresses, the type of browser and device you use, the web page you visited before coming to our sites, and identifiers associated with your devices. Your devices (depending on their settings) may also transmit location information to the Services.
Cookies and other technologies.
We use technologies such as cookies and pixel tags to provide, improve, protect and promote our Services. For example, cookies help us with things like remembering your username for your next visit, understanding how you are interacting with our Services, and improving them based on that information. You can set your browser to not accept cookies, but this may limit your ability to use the Services. If our systems receive a DNT:1 signal from your browser, we'll respond to that signal as outlined here. With whom We may share information as discussed below, but we won't sell it to advertisers or other third parties.
Others working for OCWS.
OCWS uses certain trusted third parties (for example, providers of customer support and IT services) to help us provide, improve, protect, and promote our Services. These third parties will access your information only to perform tasks on our behalf in compliance with this Privacy Policy, and we'll remain responsible for their handling of your information per our instructions.
Other users.
Our Services display information such as your name, profile picture and email address to other users in places like your user profile and sharing notifications. When you register your OCWS account with an email address on a domain owned by your employer or organisation, we may help collaborators find you and your team by making some of your basic information – such as your name, team name, profile picture and email address – visible to other users on the same domain. This helps us show you teams you can join, and helps other users share files and folders with you. Certain features let you make additional information available to others.
Other applications.
You can also give third parties access to your information and account, for example via OCWS APIs. Just remember that their use of your information will be governed by their privacy policies and terms.
OCWS team admins.
If you are a user of a OCWS team (e.g. OCWS Business plans or OCWS Education), your administrator may have the ability to access and control your OCWS team account. Please refer to your organisation's internal policies if you have questions about this. If you are not a OCWS team user but interact with a OCWS team user (by, for example, joining a shared folder or accessing Digital Asset shared by that user), members of that organisation may be able to view the name, email address, profile picture and IP address that was associated with your account at the time of that interaction.
Law & order.
We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of OCWS or our users; or (d) protect OCWS's property rights. Stewardship of your data is critical to us and a responsibility that we embrace. We believe that our users' data should receive the same legal protection regardless of whether it's stored on our Services or on their home computer's hard drive. We'll abide by the following Government Request Principles when receiving, scrutinising and responding to government requests (including national security requests) for our users' data:
- Be transparent,
- Fight blanket requests,
- Protect all users and
- Provide trusted services.
We publish a Transparency Report as part of our commitment to informing users about when and how governments ask us for information. This report details the types and numbers of requests we receive from law enforcement. We encourage users to review our Government Request Principles and Transparency Report for more detailed information on our approach and response to government requests. How
Security.
We have a team dedicated to keeping your information secure and testing for vulnerabilities. We also continue to work on features to keep your information safe in addition to things like two-factor authentication, encryption of files at rest, and alerts when new devices and apps are linked to your account.
Retention.
We'll retain information you store on our Services for as long as we need it to provide you with the Services. If you delete your account, we'll also delete this information. But please note: (1) there might be some latency in deleting this information from our servers and backup storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes or enforce our agreements. You can access your personal information by logging in to your OCWS account. Learn more here.
Where
Around the world. To provide you with the Services, we may store, process and transmit information around the world – including outside your country. Information may also be stored locally on the devices you use to access the Services.
Changes
If we are involved in a reorganisation, merger, acquisition or sale of our assets, your information may be transferred as part of that deal. We will notify you (for example, via a message to the email address associated with your account) of any such deal and outline your choices in that event. We may revise this Privacy Policy from time to time, and will post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you.
Contact
Do you have questions or concerns about OCWS, our Services or privacy? Contact us at privacy@orinox.com.
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OCWS Acceptable Use Policy
OCWS is used people and organisations to manage and share Digital Asset, and we're proud of the trust placed in us. In exchange, we trust you to use our services responsibly.
You agree not to misuse the OCWS services ("Services") or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- promote or advertise products or services other than your own without appropriate authorization;
- abuse referrals or promotions to get more storage space than deserved;
- circumvent storage space limits;
- sell the Services unless specifically authorized to do so;
- publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
- advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
- violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; or
- violate the privacy or infringe the rights of others.
