TERMS OF SERVICE
TERMS AND CONDITIONS FOR USING THE SMART4ALL PLATFORM (‘TERMS OF SERVICE’)
SMART4ALL Platform was created to build the largest tech disruptors community in Europe with the best entrepreneurs, researchers, and SMEs’. We give you space where entrepreneurs can meet, interact, and collaborate. University of the Peloponnese provides “scale ups” (startups and tech SMEs) with simple and personalised access to both public funding and interactive tech communities.
These Terms of Service (hereunder “Terms of Service”) state the terms and conditions of providing the Services by University of the Peloponnese for the benefit of the Users, as well as the rights and obligations of the Users and University of the Peloponnese.
The owner of the Platform providing the Services is the University of the Peloponnese (Erythroy Stavroy 28 & Karyotaki, 22131, Tripolis, Greece, www.uop.gr).
This Agreement applies to all SMART4ALL websites under which we provide Services and it’s subdomains, desktop and any mobile apps and other University of the Peloponnese related sites and Services that state that they are offered under this Agreement.
User is free to choose which Services it uses and sign in the Services that are of its interest.
- Definitions and interpretation
For purposes of this Agreement, the following definitions apply:
- “We”, “us”, “our”, “SMART4ALL” and “Service Provider” refers to the University of the Peloponnese and its laboratory with the name “Embedded System Design and Applications Laboratory’’, ‘esdalab.ece.uop.gr’ regarding its SMART4ALL https://www.smart4all-project.eu
- “You”, “your”, “yours” and “User(s)” refers to any User of the Software, including Members and Visitors.
- “Software”, “Platform” refers to any Mobile and Web applications owned by SMART4ALL and used by you to receive our Services.
- “Member(s)” refers to users that have registered in our Platform.
- Visitor(s)” refers to unregistered users surfing in our Platform.
- “End Users” refers to any individual or entity that directly or indirectly through another Member that receives an SLA from us: (a) accesses or uses the Member’s content via the SLA; or (b) otherwise accesses or uses the Member’s service offerings under the Member’s SLA The term “End User” does not include individuals or entities when they are accessing or using the services or any content under their own Member SMART4ALL account, rather than under their Member SLA service account. The “End Users” contract directly with the Members for the Members services and content and not with SMART4ALL.
- “Service(s)” refers to services rendered by SMART4ALL, through the use of its Software, to you including “Networking”, “Matchmaking”, “Marketplace” and “Service Level Agreements”.
- “Networking” refers to Services rendered to Users, where Visitors may only see names of organisations/Members participating and Members can find more contact details and information about other Members.
- “Matchmaking” refers to the Services in bringing in contact Members among technological partners as well as between technological and business parties, based on specific requirements, offerings and characteristics.
- “Marketplace” refers to Services rendered to Members via the Platform, where they can upload their software products on the Platform for other Members to see and also maybe indicatively establish a purchase and/or license agreement between them.
- “Service Level Agreements or/and SLA” refers to Services 1. SMART4ALL Compute (Virtual Machine and Container Provision), 2. SMART4ALL Container Registry, 3. “SMART4ALL Backup” and 4. “SMART4ALL Disaster Recovery” rendered to Members from SMART4ALL
By creating an Account or accessing and/or using our Services (described in this Policy), you enter into a legally binding Agreement with the University of the Peloponnese, for provision of Services by electronic means concluded by and between the Service Provider and the User. If you do not agree to this Agreement, please do not register and do not access or otherwise use any of the SMART4ALL Services. You can terminate this Agreement, at any time, by closing your Account and no longer accessing or using our Platform.
SMART4ALL Services provided are free of charge unless it is otherwise stated in these Terms. The Agreement is concluded for as long as you use the Platform.
We appreciate your privacy and private data therefore we have made sure that you may register separately in any of our Services in order to become a Member.
Visitors may access only a small part of the Platform functionalities and can’t browse most of their content.
To register on any of the Platforms Services the User shall:
- Be 16 years old or older (if your national law requires a higher limit to access into Agreements, you should meet this limit).
- Complete the relevant registration form providing the following data: name, surname, username, e-mail address, access password (User must provide its real data).
- In the upcoming future pick up an e-mail with a link verifying the correctness of the e-mail address and activation; Confirm the correctness of the email address and conclusion of the Agreement by clicking the activation link (if in the period indicated by the Service User does not confirm the Account creation, will not have access to it and will not be able to use the Services that require an Account).
The conditions mentioned above shall be met jointly.
Each Account is a free of charge service rendered by electronic means – a modifiable part of the Platform individually assigned to the Member, in which data pertaining to the Member, as given by the Member and its activity within the Platform are collected (‘Account’).
The Member holds the Account and may use it to manage the Services. As a Member you agree:
- To provide true, accurate, complete, and updated information about yourself at the registration form and update them whenever necessary. We are not obligated to monitor or control the accuracy of information provided by you. If any information provided by you is not in accordance with these provisions or if we have reasonable grounds to suspect that such information does not agree with the truth or the rest of the information you have provided us, or violates any rights of third parties, we have the right to refuse your registration, and suspend or terminate immediately, regardless of notice, the registration of your Account and refuse any and every use, present or future, of our Services that require registration. In this case, you shall not be entitled to any indemnity or compensation for the refusal, suspension, or cancellation of your registration. Creating an Account with false information is a violation of our Terms of Service.
- That you will not use the Platform: for any unlawful purpose; in any way that interrupts, damages, impairs or renders us less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the Accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services.
- To refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation.
- To refrain from publishing or sending unlawful content. In particular, the User may not place materials on the Platform that may violate the rights of third parties or constitute materials that may be used for illegal purposes.
- To acknowledge that we have limited control over the nature and content of information and chat transmitted or received by you or other users of our Platform. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user, please contact us via the website.
- To comply with all applicable laws from your home nation, the country, state, and city in which you are present while using the Software or our Services.
- To compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of this agreement.
- That the username or email (e.g email@example.com) that you use to register on the Platform shall not resemble to any of our names. Also, usernames or emails deemed offensive may be deleted, as well as containing a URL or email address.
- That you shall not use our Service or Platform to cause nuisance, annoyance, or inconvenience.
- Choose a strong and secure password and keep it confidential. You are solely responsible for maintaining the confidentiality of your password chosen by you at your registration. We are not responsible for any harm resulting from disclosure of your password from yourself to third parties or use of your password by a third party to access your Account. In the event of any unauthorized use of your Account, you must immediately notify us at firstname.lastname@example.org. Same applies to log-In credentials and account keys. You agree that any log-in credential and private key sent from Us to You for our Services are for your internal use only and you shall not sell, transfer, or sublicense them to any other entity or person.
- Not transfer any part of its Account.
- Use Platform only for professional purposes and in connection to its professional or business activity.
- To refrain from coping, modifying, distributing, transmitting, or otherwise using any works and databases made available on the platform, except for using them under fair use.
- To refrain from undertaking any activities that may hinder or disrupt the functioning of the Platform and the use of the Platform in a manner inconvenient for the University of the Peloponnese or other Users.
- To refrain from interfering with the integrity of the content and form of the Platform.
- To use the Platform in accordance with the law, good practices respecting the rights of others and legitimate interests of the University of the Peloponnese.
- That you are responsible for properly configuring and using our Services while taking adequate action to secure, protect and back-up your account and your content in a way that will provide proper protection and security, which could maybe include the use of encryption to protect your content from unauthorized access and frequently archiving it.
- That you will/have taken any appropriate action that you permit, assist, or facilitate any person or entity to take related to this Agreement, your content or use of our Services. You are responsible for any end users’ use of your content through our Services. You agree to ensure that all end users comply with your obligations under this Agreement and that the terms of your agreement with each end user are consistent with this Agreement. If you become aware of any violation of your obligations under this Agreement caused by an End User, you shall immediately suspend access to your content and the Services offered through Us by such end user. SMART4ALL does not provide any support or Services to your end users unless we have a separate agreement with you or an end user obligating us to provide such support or services.
- You shall provide information, or any materials related to your content (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Agreement. You will reasonably cooperate with SMART4ALL to identify the source of any problem with our Services that we reasonably believe may be attributable to your content or any end user materials that you control.
- You agree that all information you provide us in the SLA (for example information provided in connection with your registration for the Services, requests for increased usage limits) is accurate, complete, and not misleading.
- You must own or have obtained all necessary rights to use any domain name or SSL certificate that you use in conjunction with the SMART4ALL infrastructure. You are solely responsible for the renewal, security, and proper configuration of any SSL certificates that you provide for use with the SMART4ALL infrastructure, including any disclosure of your SSL certificates to third parties.
- That any guidance provided for our SLA is provided for your convenience, does not constitute legal or compliance advice, and is not subject to any legal professional privilege. You are responsible for making your own assessment of whether your use of SLA meets applicable legal and regulatory requirements, including by engaging with a legal professional if necessary according to your line of action.
- You represent and warrant that you own all rights, titles, and interests in, or have all necessary authority to permit use of, any space assets associated with your SLA account, and you agree to provide to us, upon request, documentation demonstrating such ownership or authority. SMART4ALL is not a party to any agreement you have or may enter into with any other individual or entity accessing or using the SLA Services, any of your content, or any space assets associated with your account. You are solely responsible for your separate relationship with any such individual or entity.
- Not to and not to attempt to:
(i) perform any network discovery inside our Device Farm or otherwise in connection with the test;
(ii) generate any internet traffic from within the EC2 instances of our Device Farm, unless approved by us; internet traffic should be limited to devices only;
(iii) root, unlock, or jailbreak any Device Farm device;
(iv) install persistent software on devices or EC2 instances; or
(v) factory reset or change settings on devices, or call or access third-party servers in a manner that would interfere with any Services.
Member is solely responsible for anything that results from the use of its Account.
The Account is non-transferable.
Registration of a legal entity or organizational unit without legal personality, as well as any further actions pertaining to such entities within the operation of the Platform, may be performed by a person authorized to undertake any actions related to the Services on its behalf.
We may refuse to create an Account, block, restrict or delete an existing Account if its name is already used in the Platform or if we have reasonable, credible information that it is against the law, decency, violates the personal rights of third parties or legitimate interests of ours.
The Member, from its Account, may at any time change and modify the Services used, in particular it may determine the subject matter and scope of the received notifications. The Member may completely resign from receiving the notifications, with the exclusion of those required by the law or necessary for the performance of remaining Services, through activation of relevant option in the Account settings.
We shall not be held liable for managing or administering the Account by the User.
Member can create its Account – functionality of the Account that allows the Member to collect selected information, including information about its business.
- Personal data
- General terms and conditions of Services
We render the Platform and the Services available free of charge. Our Members shall not charge anything for only downloading any of their uploaded material since they are only allowed to be used for personal use. Please bear in mind that use of some functionalities/services might be subject to payment between Members (for example: agreeing on a specific licensing scheme for software regarding business use). If any payments need to take place, we will additionally notify the Member in a clear and express manner on the Platform of using such paid Services, amount of fee and how to pay it (prior providing such a Service).
We decide on the content of the Platform and the scope of the Services at our sole discretion, in particular we reserve the right to close the Website, Marketplace, Matchmaking, Network, Helpdesk and Communication lists earlier or stop providing some Services. If the User does not accept amendments, it may at any time terminate any Agreement for provision of services by electronic means.
Furthermore, we reserve the right to:
- Assign any rights to the Platform or to close the Platform or part of it without a consent and notification of the User.
- Post-stop Service provision due to maintenance or modification of the Platform, apply upgrades, patches, bug fixes, or other maintenance to the Services. We agree to use reasonable efforts to provide you with prior notice of any scheduled maintenance (except for emergency ones), and you agree to use reasonable efforts to comply with any maintenance requirements that we notify you about.
- Send technical, legal and transaction messages related to the functioning of the Services.
- Refuse to provide the Services if the User is violating these Terms.
- Modify the Services, tools, and the way the Platform is operated.
- Cease to provide the Services.
- Delete of any User data and to take all other legally authorized activities related to the Platform, according to data law provisions for which the User will not be entitled to any claims against the University of the Peloponnese.
- Prohibited Uses
Except as specifically permitted herein, without our prior written consent you agree not to: (i) use, modify, incorporate into or with other software, or create a derivative work of any part of the Platform or any software uploaded to the Platform from Members unless you are written expressly permitted to; and (ii) sell, license (or sub-license), lease, assign, transfer, pledge, or share your rights under this agreement with or to anyone else; (iii) copy, distribute or reproduce the application for the benefit of third parties; and/or (iv) modify, disassemble, decompile, reverse engineer, revise or enhance the Software or attempt to discover the Software’s source code.
- Technical conditions
To enjoy the functionalities of the Platform, the User shall satisfy the following minimum technical conditions:
- A device with the Internet access which enables displaying the Platform interface.
- An installed and updated Internet browser: for example, Microsoft Internet Explorer 8.0 or higher, Microsoft Edge 86.0 or higher, Mozilla Firefox 20.0 or higher, Apple Safari 4.0 or higher and Google Chrome 23.0 or higher or any other browser.
- An active and valid email account.
We stipulate that using the Platform may involve standard risk related to the use of the Internet and recommends that Users take appropriate steps to minimize them (e.g.: protect the system from viruses and other malware).
E-mail provided while creating an Account is inextricably linked to the Account and is the main form of the User’s identification with the University of the Peloponnese and will be used for all correspondence between us and you related to the provision of our Services to you.
We reserve the right to perform maintenance or repair works of the Platform, as well as to update its functionalities at any time without notification to the Users. In such cases, the access to the Platform may be hindered for a period not longer than 72 hours. Performing such actions or updates shall not constitute an infringement of these Terms and conditions or the Agreement.
- Intellectual property rights and right of the third parties
Any and all content, including but not limited trademarks, logos, symbols, domain names, trademarks, designs, industrial designs, images, photographs, backgrounds, icons, navigation tools, texts, among others, of the present Software or related to products and goods displayed on the Platform regarding our Services are protected by copyright and intellectual property and are owned by us or third parties authorized by us to develop activities on the Platform. User agrees to respect our intellectual property rights and others and is aware that intellectual property in this Software can never be used in any manner and in any media without our prior written permission of their owners. We are not liable for damages suffered by a User or End User who has copied, transferred, distributed, or otherwise protected content used in this Software, violating rights of third parties.
We hereby grant you and your End User a non-exclusive, non-transferable, right to use the Software and our Service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this agreement. All rights not expressly granted to you are reserved by the us and our licensees.
Third Parties’ IPs:
Platform allows sending messages and sharing of information in various ways (on your Profile, and other activities). Information and content that you share, or post may be seen by other Users.
More specific any software you may upload as a Member at the Marketplace shall be visible to all Members, but can only be downloaded according to the prerequisites and conditions you have previously set. The Member uploading anything on the Marketplace is responsible for setting its own prerequisites and conditions, including licensing scheme etc. Each upload from each Member can have different conditions and prerequisites set from the responsible Member. If an interested Member, to download software from another Member, does not agree with any of the conditions or prerequisites, it shall not proceed with any downloading or agreement. We only provide the Marketplace Platform that gives you the opportunity to set your conditions, but do not control any of them, thus are not responsible for any upload, download and agreement between the Members.
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
The User agrees to provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). We may be required by law to remove certain information or content and has no liability for this content.
You may not publish any elements of the Platform, as well as materials provided on the Platform, to which you do not hold right, without our/ and/or relevant Member’s prior written consent. You shall not have the right to record and copy the Platform on any storage carrier.
We send marketing information concerning projects we implement, upon your prior approval. You are free to choose if you want to receive such communication.
We do not show commercial ads ordered by third parties and do not collect data in such a purpose.
By entering into this Agreement and using the Platform or our Services, to the extent permitted by law, you agree that you shall defend, indemnify and hold us, our licensors and each such party’s parent organizations, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, shareholders, officers, directors, employees, representatives, members, attorneys, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the software and its contents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including personal data, comments, and ratings) of the users or End Users as made available on our Software, (iii) the services rendered by the Members, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you (including attorneys’ fees and costs), pursuant to, arising out of or in connection with the use, inability to use or delay or virus or trojans of our or our Members’ software and/or the server that the software is hosted, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to us and/ or the user or End Users (its employees, directors, officers, agents, representatives or affiliated companies)(including attorneys’ fees and costs), including any (partial) cancellation, strike, force majeure or any other event beyond our control (vi) any information on this Software sometimes linked to external sites over which our Services have no control and for which we assume no responsibility (vii) any User or End User violation or breach of any term of this agreement or any applicable law or regulation, whether or not referenced herein.
We shall provide IT infrastructure and ensure its smooth technical operation, what shall constitute the scope of its liability for the Platform and the Services. We shall not grant in particular any guarantees for quality of the Services, or any other, express or implied, guarantees in the scope of the Platform operation.
The University of the Peloponnese shall not be held liable for any liabilities of third parties using the Platform for example Users against Users.
The Member bears the exclusive liability for the actions resulting from operating its Account, in particular it bears the exclusive liability for the entire set of data and materials shared, published or sent on or to the Platform, as well as for consequences of such actions.
The User bears exclusive liability for any possible claims of third persons within the scope of User’s activity on the Platform, in particular with the content shared and processed by the User on the Platform, whereby the User undertakes to discharge the University of the Peloponnese from any liability on that account.
The University of the Peloponnese shall not be held liable for any damage resulting from the operation of the Platform related to circumstances remaining beyond its control, and shall not be held liable for any damage related to:
- Any acts or omissions of the Users or third persons, in particular infringing the provisions of the Terms of Service.
- Lack of access to the Platform resulting from reasons attributable to the User of third persons.
- Disclosure by the User of the username or password for his/her Account to third persons.
- The activity of malware illegally provided to the Platform by a User or third persons.
The University of the Peloponnese shall not bear any liability against the User for damage caused by the unintentional fault and shall be liable for the damage only to the extent of actual losses incurred by the User being not a consumer.
The University of the Peloponnese does not verify links shared by the Users on the Platform and shall not be held liable for the content of websites connected in such a way with the Platform. The User uses such websites at its own risk.
We shall not be held liable for satisfaction by the User of any tax liabilities or any other duties of public and legal nature to which it is subject.
The University of the Peloponnese shall not be liable to the User breaching the Terms for any damage caused as a result of ceasing to provide Services to them, including as a result of removing the Account.
We may provide our Services but will not assess the suitability, legality or ability of the services between the Members you have chosen to collaborate with, and you expressly waive and release us from any and all liability, claims or damages arising from or in any way related to the services provided between Users. We might be scanning the products you upload on our Platform for malfunction, virus etc. Some of your tools might not be allowed to upload on our sole discretion. There is also a possibility to contact you providing feedback on what might need to be amended to be allowed to upload your tool on the Platform.
- Reporting infringements and complaints
The User who has noticed data of unlawful nature, in particular infringing copyrights and good manners, shared on the Platform, should immediately notify us on such fact at the e-mail address email@example.com. If we do not receive reliable information on unlawful nature of data or activity related to them, then we shall immediately prevent access to such data, but first shall notify you, who have placed such data on the Platform on your intent to prevent the access to them. In such cases, we shall not be held liable against you for any damage resulting from preventing the access to such data.
You have the right to file a complaint concerning operation of the Platform. The complaint should include at least details enabling identification of the User (first and last name, address for correspondence, optionally telephone number) and state reservations and comments concerning the Platform or the Services and the circumstances justifying these reservations and comments. The complaint shall be sent at the e-mail address firstname.lastname@example.org or at the address of the registered office of the University of the Peloponnese as stated at the beginning. If the complaint needs to be complemented, then we shall request the complaining person to make the complaint more specific.
We shall take a stance towards the complaint within 14 (fourteen) days from the receipt of such complaint if it had been filed correctly. You shall receive a response at the address, from which the complaint has been sent, or at the address stated in the complaint notification form.
You can contact us in all matters related to these Terms of Service in writing to the address provided at the beginning or by e-mail to the following address: email@example.com. If you have any question about data privacy related issues please contact us at firstname.lastname@example.org.
- Termination of the Agreement
We may notify, suspend or terminate, temporarily or permanently, your Account at any time and take appropriate legal action if: (i) you or your End User violate any of the representations, warranties and obligations contained in these Terms of Service or any policies and rules adjacent to it, (ii) you or your End User fraudulent practice or fraudulent act, or (iii) we understand, in our sole discretion, that your activities or your End Users and attitudes have caused or may cause some damage to third parties or us. You shall not be entitled to any damages or compensation for the cancellation or suspension of your Account on the Platform.
We may in our sole discretion, for any reason or no reason and at any time alter and/or discontinue providing our Services, with or without notice. We shall not be liable for any damage or loss caused by such an alteration/ termination of our Services.
It is hereby clarified that we are not responsible for any termination of your agreements between Users.
- Final provision
We reserve the right to modify this Agreement and our Policies. The amendments shall become effective upon the lapse of 7 (seven) days from the date of their publishing on the Platform website. If we make material changes in the Terms of Service, we will provide you notice through email, to give you the opportunity to review the changes. If the Member fails to terminate the Agreement within the said period, then it shall be assumed that it has accepted the amendments.
Should any of the provisions of the Terms of Service be deemed invalid, illegal, or unenforceable, then validity of the remaining part of the Terms of Service shall remain intact.
Platform official language is English. All documents are provided in English. All request and complaints should also be in English. To the extent allowed by law, the English language version of this Agreement is binding, and possible translations are for convenience only. This Agreement (including additional policies and terms for services) is the only agreement between us regarding the Services.
If we don’t act to enforce a breach of this Agreement that does not mean that the University of the Peloponnese has waived its right to enforce this Agreement.
User may not assign or transfer this Agreement (or your membership or use of Services) to anyone without the University of the Peloponnese prior written consent. However, you agree that the University of the Peloponnese may assign this Agreement to its affiliates or a party that buys it without your consent.
To any matters not specified in these Terms of Service, relevant provisions of the Greek law shall apply. The Greek law is also the governing law for liabilities resulting from the Agreement and the Terms of Service. EU law applies as far as the protection of personal data is concerned.
The parties shall attempt to settle any dispute resulting from performance of the provisions of these Terms of Service in an amicable way. In the absence of agreement, disputes shall be settled by the common court having jurisdiction over the registered office of the University of the Peloponnese.
These Terms of Service have been last updated on the 20th of April 2022.