PLEASE READ THE FOLLOWING LEGAL DOCUMENTS CAREFULLY.

WHEN YOU USE INGENIARIUS CLOUD AND RELATED SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, THE END USER LICENSE AGREEMENT, THE RULES OF CONDUCT, THE PRIVACY POLICY, THE INGENIUM-RELATED CONTENT AND ANY OTHER SUPPLEMENTAL AGREEMENTS AND POLICIES OF INGENIARIUS, LDA. ALL AGREEMENTS AND POLICIES OF INGENIARIUS CLOUD MAY BE AMENDED FROM TIME TO TIME AT OUR SOLE DISCRETION.

YOUR ACCEPTANCE OF THESE AGREEMENTS AND POLICIES IS A NECESSARY CONDITION FOR USING INGENIARIUS CLOUD. 

If you have any questions regarding any of these agreements and policies, or any supplemental terms, please contact us. 

Terms of Service - Revision 1.0 (09-10-2014)

Official Legally-Binding Stuff
This Terms of Service governs your use of our website located at https://cloud.ingeniarius.pt/, and all applications, products, features and services made available, displayed or offered by or through such website (collectively, “INGENIARIUS CLOUD”). INGENIARIUS CLOUD is operated by Ingeniarius, Lda., its partners, subsidiaries and affiliates (collectively, “INGENIARIUS”, “we,” “our” or “us”). The INGENIARIUS CLOUD Privacy Policy, end user license agreement, any supplemental terms provided to you by INGENIARIUS are an integral part of this Terms of Service and are incorporated herein by reference.

1. Ownership and Grant of Use

The entire contents of INGENIARIUS CLOUD, including, without limitation, all information, material, trademarks, software, video, photographs, graphics, text, music and sound, are owned or licensed by INGENIARIUS under applicable laws. INGENIARIUS owns rights in the selection, coordination, arrangement and enhancement of such content.

You may not transmit, participate in the transfer or sale, create derivative works from, modify, publish, or in any way exploit, any of the content contained on INGENIARIUS CLOUD, except content you export, download or share through Auction House, using the appropriate features provided by INGENIARIUS CLOUD. In the event of any permitted copying, redistribution or publication of any content, no changes in or deletion of any author attribution, trademark, or copyright notice may be made.

2. User Content

INGENIARIUS CLOUD incorporates certain communication features, such as forums, message boards, chat, and email that may be provided to registered users (collectively, “INGENIARIUS Communication Features”). You acknowledge that, by using INGENIARIUS Communication Features, you may be exposed to messages, information, data, text, software, graphic files, or other materials, whether in written, verbal, electronic, digital, machine-readable or other form (“User Content”) that you might find objectionable.

INGENIARIUS DOES NOT TOTALLY CONTROL USER CONTENT AND DOES NOT GUARANTEE ITS ACCURACY, INTEGRITY OR QUALITY. You understand that any User Content shared through the Auction House or appearing on INGENIARIUS Communication Features is the sole responsibility of those persons transmitting such User Content. This means that you, and not INGENIARIUS, are entirely responsible for all User Content that you transmit. Under no circumstances will INGENIARIUS be liable for any errors or omissions in any User Content or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, use of or inability to use any User Content sent through or appearing on any INGENIARIUS Communication Features.

INGENIARIUS has no obligation to monitor or supervise INGENIARIUS Communication Features and/or User Content, and expressly disclaims any representation that we will monitor or supervise such features and/or User Content. However, we expressly reserve the right, but not the obligation, in our sole discretion, to monitor, edit, block or remove any User Content, in whole or in part, sent through or appearing on any INGENIARIUS Communication Feature and you have no expectation of privacy in any content in any of the INGENIARIUS Communication Features. Without limiting the foregoing, INGENIARIUS and its designees shall have the right to block or remove, in whole or in part, any User Content that is in violation of this Terms of Service, is illegal, infringing or otherwise offensive or objectionable. YOU AGREE TO INDEMNIFY AND HOLD INGENIARIUS AND ITS DESIGNEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

As long as you comply with this Terms of Service, and it has not been terminated, INGENIARIUS grants you a personal, non-commercial, non-exclusive, non-transferable, limited right to enter, use, perform and display INGENIARIUS CLOUD and its contents. An exception is made to all the data retrieved using any INGENIARIUS device installed in the user account (“INGENIUM”). As long as you comply with this Terms of Service, and it has not been terminated, INGENIARIUS grants you a personal unlimited right to enter, use, perform and display such data at will (e.g., scientific publications, datasets, and others). Please refer to INGENIUM-Related Content. 

3. Eligibility

If you are less than eighteen (18) years of age, your parent or guardian must complete the registration process, in which case such parent or guardian will take full responsibility for all obligations under this Terms of Service. You represent that you are at least eighteen (18) years of age and are either accepting this Terms of Service on behalf of yourself or on behalf of your minor child. You may not transfer, sell, or share your Account with anyone, unless you are a parent or guardian, in which case you may permit your minor child to use the Account. You are liable for all activities conducted through the Account.

4. Establishing an Account and Access to INGENIARIUS CLOUD

INGENIARIUS CLOUD is an online could platform that must be used over the Internet on any browser, and you are wholly responsible for acquiring and paying for your own Internet access along with all necessary equipment, servicing, repair or correction incurred in maintaining the use of INGENIARIUS CLOUD and related services.

An INGENIARIUS account (“Account”) is required to access all INGENIARIUS CLOUD features, including INGENIARIUS Communications Features and INGENIUM applications. To create an Account, you must provide the typical information: your name, date of birth, mailing address, valid email address and password. You must provide truthful and accurate information. As your name can be seen by others using INGENIARIUS Communications Features, if INGENIARIUS finds your name to be offensive or improper, it may, in its sole and absolute discretion, change or ask you to change your name, block such user registration, remove the name from all aspects of INGENIARIUS CLOUD, and/or suspend or terminate your Account. In particular, you may not use the name of another person, or a name which infringes a third-party’s trademark, copyright, or other proprietary right. You may not use a name which may mislead others to believe you to be an agent of INGENIARIUS, or which INGENIARIUS deems at its sole discretion to be vulgar or otherwise offensive. 

Besides the information stated above, you will need an INGENIARIUS KEY to conclude the process and validate the registration. Each INGENIUM is associated to one or more INGENIARIUS KEY(s). Meaning that only if you have access to an INGENIUM and associated INGENIARIUS KEY you may access INGENIARIUS CLOUD. Each INGENIARIUS KEY has the same properties of a one-time password (OTP), being valid for a single login registration or INGENIUM installation. 

After registration, and to access INGENIARIUS CLOUD, you will be required to provide your login ID (your verifiable email address) and password (collectively referred to as “Login Information”). You may not share the Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you. In the event that you become aware of, or reasonably suspect of any breach of security, including, without limitation, any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify INGENIARIUS by emailing to us. You are solely responsible for all activity on your Account. You should not reveal your Account password to others. INGENIARIUS will not ask you to reveal your password.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF INGENIARIUS. INGENIARIUS does not recognize the transfer of Accounts incorporated into or part of INGENIARIUS CLOUD, including, without limitation, any items (except INGENIUM data), in-cloud currency (“NUMMUS”), or any other content or information therein (“Non-User Content”). You may not purchase, sell, gift or trade any Account or any Non-User Content incorporated into or part of INGENIARIUS CLOUD, and any such attempt shall be unacceptable. The only trading mechanism accepted by INGENIARIUS is the in-cloud Auction House, using the appropriate features provided by INGENIARIUS CLOUD.

5. Paid Services

You may need to pay fees to access and acquire licenses to use certain items, gain access to certain INGENIUM features or participate in certain activities. You must have an Account and pay applicable fees by using in-cloud currency NUMMUS to benefit from such features. 

In order to obtain NUMMI (plural for NUMMUS), you may be required to provide us or a third-party payment service provider designated by INGENIARIUS with your credit card information and other information related to any type of payment and transaction. If your use of INGENIARIUS’s service, purchase or subscription is subject to use or sales tax or fees charged by third-party service providers, INGENIARIUS or the third-party payment service provider may charge for any such taxes and fees. As the account holder, you are responsible for all charges incurred, including applicable taxes and all purchases made via your Account.

YOU UNDERSTAND AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

Certain items have an expiration date, while others have no expiration date. Each item that you acquire will be included in your Account, until the date when the service ends.

INGENIARIUS reserves the right to change our fees or billing methods at any time. If any change is unacceptable to you, you may terminate your Account but INGENIARIUS will not refund any fees that may have accrued to your Account before your termination of your Account and INGENIARIUS will not prorate fees for any subscription or items, which has not been expired before the termination.

REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR ITEMS, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS. YOU, HOWEVER, CAN BENEFIT FROM THESE ITEMS AT WILL.

6. Rules of Conduct

Please refer to our Rules of Conduct.

7. Consent to Use of Data and Public Display

For purposes that INGENIARIUS deems necessary, including but not limited to facilitating technical protection measures or providing updates, content, support and other services to you, you agree that INGENIARIUS or its agents may collect, use, store and transmit technical and related information that identifies your machine (including an Internet protocol address and machine ID), operating system, browser, and peripheral hardware. You agree INGENIARIUS and its agents may also use this information in the aggregate, in a form which does not personally identify you, to improve its products and services and may share anonymous aggregate data with third-parties.

You agree that INGENIARIUS and its agents may collect, use, store, transmit, and publicly display statistical data regarding INGENIARIUS CLOUD (including scores, rankings and achievements) or identify content that is created and shared by you and other users. Data that personally identifies you may be collected, used, stored and transmitted in accordance with INGENIARIUS’s privacy policy.

8. Service Interruptions and Changes to INGENIARIUS CLOUD

INGENIARIUS reserves the right to interrupt all or any aspect of INGENIARIUS CLOUD from time to time on a regularly scheduled basis or, otherwise, with or without prior notice in order to perform maintenance. You agree that INGENIARIUS will not be liable for any interruption of INGENIARIUS CLOUD, delay or failure to perform resulting from any causes whatsoever. You acknowledge that INGENIARIUS CLOUD may be interrupted for reasons beyond the control of INGENIARIUS, and INGENIARIUS cannot guarantee that you will be able to access INGENIARIUS CLOUD or your Account whenever you may wish to do so. INGENIARIUS has the right, at any time, for any reason, or no reason, to change and/or eliminate any aspect of INGENIARIUS CLOUD as it sees fit in its sole discretion.

9. Links to Third-Party Sites

INGENIARIUS may include hyperlinks to web sites operated by third-parties, including payment service providers and other content providers. Those sites may collect data or solicit personal information from you. INGENIARIUS does not control such web sites, and is not responsible for their content, privacy policies, or for the collection use or disclosure of any information those sites may collect.

10. Patches and Updates

From time to time, in its sole discretion, INGENIARIUS may deploy or provide patches, updates and modifications to INGENIARIUS CLOUD. INGENIARIUS may update INGENIARIUS CLOUD remotely including, without limitation, the graphical user interface, applications, INGENIARIUS Communication Features, Auction House, and other features, without your knowledge, and you hereby grant INGENIARIUS your consent to deploy and supply such patches, updates and modifications. Updates to the INGENIUM devices you own, released in INGENIARIUS CLOUD from time to time, must be installed by you, through INGENIARIUS CLOUD, to benefit from new features and improved cross-compatibility between INGENIARIUS CLOUD and INGENIUM.

11. Termination and Suspension

You or INGENIARIUS may terminate this Terms of Service and your Account at any time. You may terminate this Terms of Service at any time by terminating all your Accounts registered in INGENIARIUS CLOUD. INGENIARIUS can terminate this Terms of Service by asking you to stop using INGENIARIUS CLOUD, and, at INGENIARIUS’s sole and absolute discretion, by preventing your access to INGENIARIUS CLOUD and/or your Account. Upon termination of this Terms of Service, you will have no further rights to use INGENIARIUS CLOUD or its services.

Your only right and remedy with respect to any dissatisfaction with INGENIARIUS CLOUD or any content therein is to terminate this Terms of Service and your Account, and to cease using any services available through INGENIARIUS CLOUD. You acknowledge and agree that you are not entitled to any refund for any amounts that you paid before the termination. INGENIARIUS reserves the right to collect fees, surcharges or costs incurred before you terminate your Account or a subscription. You are also responsible for any amounts owed to third-party vendors or content providers before your termination. Any delinquent or unpaid fees and other unresolved issues with INGENIARIUS’s service must be settled before you establish a new Account.

Without limiting the foregoing, INGENIARIUS shall have the right to terminate this Terms of Service with you, effective immediately, and/or terminate or temporarily suspend your access to your Account and/or all or any part of INGENIARIUS CLOUD, without notice, in the event of any conduct by you which INGENIARIUS, in its sole and absolute discretion, considers to be unacceptable, or for conduct that INGENIARIUS believes is a violation of the terms and conditions contained herein or any other policies of INGENIARIUS, or for other conduct which INGENIARIUS believes, in its sole and absolute discretion, is harmful to INGENIARIUS, other INGENIARIUS CLOUD users, or third-parties. INGENIARIUS reserves the right to deny any account registration and to deny access to INGENIARIUS CLOUD to any individual.

The provisions of Sections 1, 2, 7, 11, 12 and 13 shall survive any termination of this Terms of Service.

12. Changes to Terms of Service

INGENIARIUS reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Terms of Service, at any time, including, without limitation, access policies, the availability of any feature of INGENIARIUS CLOUD, hours of availability, content, data, software or equipment needed to access INGENIARIUS CLOUD, effective with or without prior notice; provided, however, that INGENIARIUS intends to disclose material changes (as determined in INGENIARIUS’s sole and absolute discretion) to you through any of one or a combination of: a patch process, or by email, postal mail, website posting, or pop-up screen. If you cannot comply with changes to this Terms of Service, or such changes are unacceptable to you, you must not use or access INGENIARIUS CLOUD and your Account. Continuing to access or use INGENIARIUS CLOUD following any revision to this Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes. INGENIARIUS may change, modify, suspend, or discontinue any aspect of INGENIARIUS CLOUD at any time. INGENIARIUS may also impose limits on certain features or restrict your access to parts or all of INGENIARIUS CLOUD without notice or liability. If you do not agree to any new terms, or to any of the terms in this Terms of Service, your only remedy is to not access or use INGENIARIUS CLOUD and to cancel your Account.

13. Miscellaneous

If any provision of this Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Service and shall not affect the validity and enforceability of any remaining provisions. This Terms of Service is the complete and exclusive statement of the agreement between you and INGENIARIUS concerning INGENIARIUS CLOUD, and this Terms of Service supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and INGENIARIUS; provided, however, that this Terms of Service is in addition to, and does not replace or supplant the INGENIARIUS CLOUD Privacy Policy, any applicable end user license agreement, and any supplemental agreement. This Terms of Service may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.

End-User License Agreement - Revision 1.0 (09-10-2014)

1. Grant of a Limited Use License

By agreeing to this Agreement, you may register for and access an account at INGENIARIUS CLOUD (the “Account”). Subject to your agreement to, and continuing compliance with this Agreement, INGENIARIUS hereby grants, and you hereby accept, a limited, non-exclusive license to:
1.1. Use any application associated to an INGENIUM, owned by you or under your legitimate control;
1.2. Use all other INGENIARIUS CLOUD features, such as Auction House and INGENIARIUS Communication Features, for your non-commercial purposes only. 

Subject to your agreement to, and continuing compliance with this Agreement, INGENIARIUS grants you a personal unlimited right to enter, use, perform and display INGENIUM-RELATED CONTENT at will (e.g., scientific publications, datasets, and others). Trading INGENIUM-RELATED CONTENT by the in-cloud currency NUMMUS can be made through the Auction House mechanism. Please refer to INGENIUM-Related Content.

You hereby agree that all use of the INGENIARIUS CLOUD is subject to this EULA and to the Terms of Service.

2. Additional Limitations

The license granted to you in Section 1 is subject to the terms and conditions of this EULA and any supplemental terms including the Terms of Service. You hereby agree that any use of INGENIARIUS CLOUD in violation of any of the limitations set forth in Sections 1 and 2 will be regarded as an infringement of INGENIARIUS’s rights in and to INGENIARIUS CLOUD, including but not limited to copyrights. You agree that you will not, under any circumstances:
2.1. In whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on INGENIARIUS  CLOUD;
2.2. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify any part of INGENIARIUS CLOUD;
2.3. Inadequately exploit INGENIARIUS CLOUD, or any of its parts for any commercial purpose, including, without limitation, for gathering in-cloud currency, items or resources for sale outside the Auction House, performing in-cloud services in exchange for payment outside the INGENIARIUS CLOUD, or performing advertising or solicitations for a third party;
2.4. Use any unauthorized third-party software that intercepts, or otherwise collects, information from or through INGENIARIUS CLOUD or the service, including, without limitation, any software that reads data packets from the INGENIUM to INGENIARIUS CLOUD; provided, however, that INGENIARIUS may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
2.5. Intercept, emulate or redirect the communication protocols used by INGENIARIUS in any way, for any purpose, including, without limitation, unauthorized use of other platforms to receive data from an INGENIUM;
2.6. Facilitate, create or maintain any unauthorized connection to INGENIARIUS CLOUD, or related services, including, without limitation, any connection to any unauthorized server that emulates, or attempts to emulate, INGENIARIUS CLOUD, and any connection using programs or tools not expressly approved by INGENIARIUS;
2.7. Modify, or cause to be modified, any files that are a part of INGENIARIUS CLOUD in any way;
2.8. Sell, transfer or assign any Account, or any items incorporated into or part of INGENIARIUS CLOUD, including but not limited to any INGENIUM, unless using the Auction House mechanism and in-cloud currency NUMMUS; 
2.9. Infringe a third party’s intellectual property or other rights, or violate any law or regulation applicable to you.

3. Separately Licensed Software

INGENIARIUS CLOUD may contain third-party software and/or content which are licensed to you pursuant to a separate agreement. You agree that INGENIARIUS may install/remove any third-party software and/or content at any time. You agree that you will not copy, reverse engineer, derive source code from, modify, disassemble, or decompile any third-party software and/or content, create any derivative works based on any third-party software and/or content, or infringe or misappropriate any intellectual property or other rights embodied in any third-party software and/or content. You also agree that you will not access or use any third-party software and/or content until and unless you agree with the end user license agreement provided by the licensors of such third-party software and/or content. The terms of each such end user license agreement will replace and supersede this EULA, but only with regard to the applicable third-party software and/or content referenced in such agreement. For the avoidance of doubt, if any third-party software and/or content contained in INGENIARIUS CLOUD is deemed not covered by a separate end user license agreement, then it is governed by the terms and conditions of this EULA.

4. Limited Warranty and Disclaimer

INGENIARIUS CLOUD AND ALL RELATED SOFTWARE, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS, PROVIDED AT YOUR OWN RISK, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, INGENIARIUS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, INGENIARIUS does not ensure continuous, error-free, secure or virus-free operation of INGENIARIUS CLOUD or your Account. This warranty gives you specific legal rights, and you may also have other legal rights that vary from state to state or from country to country.

5. Limitation of Liability

Neither INGENIARIUS, nor its partners, subsidiaries, licensors or affiliates shall be liable in any way for damage or loss of any kind resulting from:
5.1. The use of or inability to use INGENIARIUS CLOUD, and related software and services, including, without limitation, work stoppage, computer failure or malfunction;
5.2. The loss of data, accounts, items, NUMMI or user profile information; 
5.3. Interruptions of service, including, without limitation, ISP disruptions, software or hardware failures, or any other event which may result in a loss of data or disruption of service. 

You agree that INGENIARIUS will not be liable for, and expressly disclaims, all liability for non-contract claims, whether based on negligence or other tort, strict liability, infringement, statutory violations, or otherwise. In no event will INGENIARIUS be liable for special, incidental, contingent, consequential or punitive damages, regardless of the form of the claim or cause of action (whether based in negligence or other tort, strict liability, infringement, statutory violations, or otherwise), even if the possibility of such damages has been disclosed to INGENIARIUS in advance or could reasonably have been foreseen by INGENIARIUS.

6. Acknowledgement

When you access or use INGENIARIUS CLOUD, INGENIARIUS may obtain certain identification information about your browser and operating system, including, without limitation, your Internet Protocol (IP) address. INGENIARIUS may use such information for, among other things, improving INGENIARIUS CLOUD services offered to you, and to police and enforce the provisions of this EULA, the Terms of Service, the Privacy Policy, the INGENIUM-Related Content, or any supplemental agreements. 

INGENIARIUS may, with or without notice to you, disclose your IP address, personal information, chat logs, and other information about you and your activities:
6.1. In response to a request by law enforcement, a court order or other legal process; 
6.2. If INGENIARIUS believes that doing so may protect your safety or the safety of others;
   
You are wholly responsible for the cost of all Internet access charges, along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to INGENIARIUS CLOUD;
You are wholly responsible for the information you decide to disclose to others, including, without limitation, your personal information. INGENIARIUS does not encourage users to disclose their personal information to others.

7. Equitable Remedy

In the event that you breach this EULA or any other supplemental terms, including the Terms of Service and the Privacy Policy (collectively the “Legal Agreement” for Section 7 and 8), you hereby agree that INGENIARIUS would be irreparably damaged if the Legal Agreement were not specifically enforced, and therefore you agree that INGENIARIUS shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Legal Agreement, in addition to such other remedies as INGENIARIUS may otherwise have available to it under applicable laws.

8. Dispute Resolution and Governing Law

If a dispute arises between you and INGENIARIUS, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and INGENIARIUS agree to resolve any claim or controversy at law or in equity that arises from or relates to this Legal Agreement or our service (a “Claim”) in accordance with one of the subsections below.
8.1. The Legal Agreement and the relationship between you and INGENIARIUS shall be governed, in all respects, by the laws of PORTUGAL.
8.2. You and INGENIARIUS agree to submit to the exclusive jurisdiction and venue of the courts located in COIMBRA, PORTUGAL, except as provided in subsection 8.3 below regarding optional arbitration. Notwithstanding this, you agree that INGENIARIUS shall still be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
8.3. For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand Euros (€10,000.00), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
8.4. All Claims you bring against INGENIARIUS must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to this Dispute Resolution Section, INGENIARIUS may recover attorneys’ fees and costs up to one thousand Euros (€1,000.00), provided that INGENIARIUS has notified you, in writing, of the improperly filed Claim, and you have failed to promptly withdraw the Claim.

9. Force Majeure

INGENIARIUS is not liable for any failure to perform its obligations if such failure results from Acts of Gods (including, but not limited to, fire, flood, earthquake, storm, hurricane or other natural disaster), wars, acts of terror, riots, government sanctions, embargos, accidents, labor disputes, strikes, interruption of or failure to receive materials, energy, electricity or Internet service, or any other thing beyond INGENIARIUS’s reasonable control.

10. Miscellaneous

This EULA constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided, however, that this EULA shall coexist with, and shall not supersede, the Terms of Service. To the extent that the provisions of this EULA conflict with the provisions of the Terms of Service, the conflicting provisions in the Terms of Service shall govern. The provisions of Sections 2, and 4-10, shall survive the termination of this EULA for any reason. If any provision of this EULA is found to be invalid or unenforceable, that provision shall be severed and the remainder of this EULA shall be given full force and effect.

Privacy Policy - Revision 1.0 (09-10-2014)

1. Personal Information

As used in this Privacy Policy, “Personal Information” is information that would allow someone to identify or contact you, including, for example, your full name, address, telephone number, or email address. Personal Information does not include aggregated information that, by itself, does not permit the identification of individual persons (like statistics about how many users are online at INGENIARIUS CLOUD, or how many visitors are male and how many are female). INGENIARIUS does not collect any Personal Information from you, unless you provide it to us voluntarily. If you refuse to divulge your Personal Information when requested, you may not be able to access certain features of INGENIARIUS CLOUD. 

2. Site Registration

In order for you to register for an account, INGENIARIUS requires you to provide us with certain information, including your name, birth date, e-mail address, and mailing address. We do not require Personal Information to obtain access to the INGENIARIUS CLOUD besides e-mail and password. For every new registration you will need a one-time password INGENIARIUS KEY, associated to a given INGENIUM.

3. Non-Personal Information

In addition to account registration data, INGENIARIUS will automatically collect certain non-Personal Information about your use of INGENIARIUS CLOUD. We might collect, among other things, information concerning the type of Internet browser or computer operating system you are using, the domain name of your Internet service provider and your browsing behaviour to HTML5 and WebGL content. This information is used to help improve and administer INGENIARIUS CLOUD, as well as analyse trends.

4. Statistical and Usage Data

When you use INGENIARIUS CLOUD, we may retrieve information about your hardware system and how our services are used, including your IP address. We use this information to enable you to use the services offered through the INGENIARIUS CLOUD over the Internet. We also use this information to better understand the behaviour and preferences of our customers, so that we can improve our products and services.

5. How Personal Information is Used

The Personal Information collected from you will be used to operate the Site and to provide the products or services or carry out the transactions you have requested or authorized.

In support of these uses, INGENIARIUS may use Personal Information to provide you with more effective service, to improve the INGENIARIUS CLOUD and any related INGENIARIUS products or services. In order to offer you a more consistent experience in your interactions with INGENIARIUS, information collected by INGENIARIUS CLOUD may be combined with information collected by INGENIARIUS from other sources, such as tickets, e-mails and others.
We may use your Personal Information to provide you with information about the product or service that you have purchased or inquired about. Additionally, we may send you information about other INGENIARIUS products and services, and/or share information with INGENIARIUS partners so they may send you information about their products and services.
We may merge INGENIARIUS CLOUD accesses with demographic information, and we may use this information to provide more relevant content. We may combine INGENIARIUS CLOUD accesses with your Personal Information in order to provide you with personalized content.
INGENIARIUS may hire other companies to provide products or services on our behalf, and we may provide such companies with Personal Information to help them perform their duties.
INGENIARIUS may 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 the edicts of the law or comply with legal process served on INGENIARIUS; (b) protect and defend the rights or property of INGENIARIUS or its affiliates; or (c) act in urgent circumstances to protect the personal safety of INGENIARIUS agents, users of INGENIARIUS products or services, or the general public.
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the INGENIARIUS CLOUD, of any Personal Information contained in our database for such site, if INGENIARIUS assigns all of its rights and obligations regarding the use of your Personal Information at the time of a bankruptcy, merger, acquisition, sale of all or substantially all of INGENIARIUS’s assets to a subsequent owner or operator, or similar event.
Please note that your name will be available to other INGENIARIUS CLOUD users, like INGENIARIUS Communication Features, so you should exercise discretion when using these services. We are not responsible for protecting such information that you may disclose to third-parties through our services.

6. Users under the Age of 18

In order to protect the privacy interests of younger Internet users, INGENIARIUS does not allow children under the age of 18 to use our services without the consent of their parents or guardians. INGENIARIUS complies with the Children's Online Privacy Protection Act (COPPA) and all European legislation currently in force concerning children and the Internet. We do not disclose any Personal Information about children under 18 years of age who have registered on the INGENIARIUS CLOUD to third parties, or share or disclose Personal Information other than as set forth in this Privacy Policy; provided however, that in the event of a merger, acquisition, bankruptcy, or similar transaction, management of our customer information may be transferred to our successor or assign.

7. Accessing or Changing Personal Information

To review and update your Personal Information stored with INGENIARIUS, please access your Account at INGENIARIUS CLOUD. 

8. Security of Personal Information

INGENIARIUS follows generally accepted industry standards to protect Personal Information submitted to us, both during transmission and once we receive it. When you enter sensitive information (such as a credit card number) on INGENIARIUS CLOUD, we encrypt that information using secure socket layer (SSL) technology. However, no method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

9. Other Agreements That Govern Your Use of INGENIARIUS CLOUD

In addition to this Privacy Policy, your rights and obligations concerning the use of INGENIARIUS CLOUD are governed by our Terms of Service, the EULA, any other supplemental agreements, and other applicable policies, guidelines, and requirements. When you sign up to use INGENIARIUS CLOUD, please review each such agreement carefully, as you must agree to be bound by each such agreement before you may use the service.

10. Notice of Changes to the Privacy Policy

By using the INGENIARIUS CLOUD, you signify your assent to INGENIARIUS’s Privacy Policy. If you do not agree to this Privacy Policy, please do not use INGENIARIUS CLOUD. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this policy, we will also revise the “last updated” date at the top of this Privacy Policy, and may attempt to notify you by e-mail, pop-up screen, or by means of a notice somewhere else on INGENIARIUS CLOUD. Your continued use of INGENIARIUS CLOUD will signify your acceptance of the changes to our Privacy Policy.

Rules of Conduct - Revision 1.0 (09-10-2014)

The rules of conduct are “ten commandments” that we ask you to follow while on INGENIARIUS CLOUD. Ignorance of these rules does not excuse violation of them. Violations may result in temporary suspensions or permanent destruction of your account. Our employees will use their discretion to interpret if any action warrants moderation, whether it is mentioned here or not. 

1. Do not attack someone personally through INGENIARIUS Communications Features, including their race, gender, religion, nationality, ethics, sexual preference, or personal beliefs.

2. Avoid using copyrighted and trademarked material you do not own.

3. Do not pretend to be an INGENIARIUS agent.

4. Do not post or use graphic sexual, grotesque, or violent language or images through INGENIARIUS Communications Features or Auction House.

5. Do not share personal information about yourself or other individuals.

6. Real money solicitations, as well as selling NUMMIS, accounts, items, or any other scamming are forbidden.

7. Advertising your own or someone else’s business or ventures is not an acceptable behaviour.

8. Do not use third party programs, client-side hacks, or other things.

9. Do not exploit INGENIARIUS CLOUD inappropriately. If you use INGENIARIUS CLOUD’s mechanics in any way INGENIARIUS deem unsportsmanlike, or that deviates from the spirit of the cloud, the staff will pursue disciplinary actions.

10. Do not request, arrange, or offer pirated materials, illegal activities, or illegal drugs.

INGENIUM - Related Content - Revision 1.0 (09-10-2014)

1. Definition

INGENIUM-Related Content includes all data acquired by INGENIARIUS’ devices (“INGENIA”, plural for “INGENIUM”). This includes raw and pre-processed data provided by INGENIARIUS CLOUD applications, such as data points, mathematical parameters, images, videos, and others.
INGENIARIUS wants to foster robust community activities and encourage our users’ efforts to trade datasets that may be used for scientific and professional purposes.

2. Unlimited Rights

INGENIARIUS grants you a personal unlimited right to enter, use, perform and display all INGENIUM-Related Content a given user may have legal access to (e.g., scientific publications, datasets, and others).
FOR ALL INTENTS AND PURPOSES, INGENIUM-Related Content IS CLASSIFIED AS USER CONTENT. Please refer to Terms of Service for a detailed description about User Content.

3. Proper Display of Copyrighted/Trademarked Logos and Other Appropriate Information

All INGENIUM-Related Content must acknowledge and display the appropriate copyright and trademarks of INGENIARIUS. Using other intellectual properties without the proper license or permission is not acceptable. For sponsors, the text “Sponsored by” must be clearly displayed for a reasonable duration, to avoid confusion.

4. Auction House Trading

All INGENIUM-Related Content can be traded at INGENIARIUS CLOUD Auction House, providing a source of income of in-cloud currency NUMMUS - NO REAL MONEY IS DIRECTLY USED IN THE AUCTION HOUSE. Only data acquired by a GOLD INGENIUM can be traded at the Auction House. The Auction House rules are as follows:

4.1. Seller
a) To list an item in the Auction House, this can be made inside the specific INGENIUM application by right-clicking on the data, or directly on the GOLD level option of the INGENIUM slot;
b) Selecting an item will bring up a new window that will allow you to select a price (in NUMMI) and add any other additional information (e.g., scientific paper, preview images and description of the dataset, among others). THE SAME AS USER CONTENT, REMEMBER THAT YOU ARE THE SOLE RESPONSIBLE FOR THE QUALITY AND RELIABILITY OF THE DATA YOU SHARE. Upon selecting a price and listing the item, you will be charged 5% of the listing price. This fee will not be returned under any circumstance, even if the listing is later removed;
c) Once the data is placed in the Auction House, it will be relocated to a new folder called “Your AH [Selling]”, thus being LOCKED unless two things occur: 1) the user cancels the biding, paying an additional NUMMI fee of 10% over the listing price; 2) the biding reaches to an end without any bidder;
d) If the data is successfully sold, it will remain LOCKED and relocated to “Your AH [Sold]”.  REMEMBER THAT BY DOING SO YOU SHARE THE SAME RIGHTS OVER THAT INGENIUM-Related Content WITH THE BUYER. Note that LOCKED data can be used normally as any other data with the exception that it cannot be removed from the folder (except deleted), nor placed in the Auction House
e) Once the data is sold, the NUMMI can be collected from the Auction House at any time.

4.2. Buyer
a) To purchase an item in the Auction House, this can only be made on the GOLD level option of the INGENIUM slot;
b) Once an item is selected, you have two options to purchase it. The first is to use “BID” to make an offer on the item. When selected, you have the option to offer the seller any amount of money above the listing price. You will then receive the item if the biding reaches to an end and you were the one offering the higher bid.
c) The second option is to use the “BUY NOW” option to purchase an item immediately. This option is available at all times. Once this is selected, there is only one confirmation screen to confirm that you really wish to purchase the item at the cost of the highest bid made so far, and the transaction will be made. There is a penalty for using this option, however. AN EXTRA 25% OF THE ITEM PRICE WILL BE CHARGED AS A SERVICE FEE WHEN USING THE “BUY NOW” OPTION.
d) Once the data is successfully purchased, it can be collected from the Auction House at any time. REMEMBER THAT BY ACQUIRING DATA YOU SHARE THE SAME RIGHTS OVER THAT INGENIUM-Related Content WITH THE SELLER. The data will go directly to the GOLD INGENIUM you wish. The data will be relocated to “Your AH [Bought]” folder of that specific INGENIUM data. Data can be relocated by you at any time, as any other unlocked data.

5. Disclaimer

INGENIARIUS reserves the right to monitor and revoke any and all use of INGENIARIUS’s intellectual property at any time and for any or no reason, at its sole discretion.
By using or trading INGENIUM-Related Content, you agree to the Terms of Service, the EULA and the Privacy Policy defined by INGENIARIUS, and the conditions listed above. Furthermore, you agree to indemnify INGENIARIUS from any legal claims or fees that arise in relation to your INGENIUM-Related Content. For any INGENIUM-Related Content inquiries not covered above, please contact us.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF SERVICE, THE END USER LICENSE AGREEMENT, THE PRIVACY POLICY, THE RULES OF CONDUCT AND INGENIUM-RELATED CONTENT, AND AGREE THAT YOUR USE OF THE SERVICE IS BOUND BY THE TERMS AND CONDITIONS PREVIOUSLY PRESENTED.