1.1. MADEINPLANT, S.L. (hereinafter, MADEINPLANT) is a company with VAT number B16884635 and registered office at calle Guadassuar, 1-1-13, 46015 Valencia, and email address info@madeinplant.com, registered in the Valencia Commercial Register, Volume 11052, Folio 215, Sheet V-200446, offers Users services consisting of access to the GoldenBraid Pro tool under the terms set forth in this document.
These Terms and Conditions (hereinafter, the Agreement) constitute the framework in which Users may use the services provided by MADEINPLANT. Said services (hereinafter, "the Services") consist of the access and use, by Users, of the GOLDENBRAID PRO tool (hereinafter, GOLDENBRAID) through the website (www.goldenbraidpro.com) (hereinafter, "the Website"). Furthermore, these Terms and Conditions constitute the complete agreement between the Users and MADEINPLANT with respect to the Services and supersede all prior and proposed communications, whether electronic, oral, or written concerning the Services.
In this regard, the Services start at the time of registering an Account on the MADEINPLANT Website, upon acceptance of the Terms and Conditions set forth in this Agreement.
This Contrat will always be subject to the regulations in force at any time, so that if any term or condition is modified by the applicable regulations (whether the modification is temporary or permanent), the User will have the rights recognized by the applicable regulations. In case of contradiction between the provisions of the applicable regulations and the provisions of these Terms and Conditions of Service, the provisions of the applicable regulations shall apply.
1.2. By formalizing this Agreement, the User acquires a non-exclusive, worldwide, non-transferable, and temporary right to use the Services, but does not at any time acquire any property or intellectual property right over the GOLDENBRAID PRO tool or over any of the assets that it may contain or that may be accessible to the User during the provision of the Services. All intellectual property rights over the assets that make up the GOLDENBRAID PRO and the Services, are owned by MADEINPLANT, and no clause of this Agreement may be interpreted to imply the existence of an assignment, license or transfer of any kind of all or part of these rights to the User.
2.1. The user of this Website and the Services (hereinafter, the User, whether or not the User is an account holder, in the terms explained below) accepts the terms and conditions established in this Agreement, as well as that they are subject to modification by MADEINPLANT.
2.2. The User must be of legal age, not have limitations in their capacity to act and have full legal capacity to contract the Services provided by MADEINPLANT, both in their own name and, where appropriate, on behalf of third parties, and in this case must have sufficient power of representation to enter into contracts to which the Services refer on behalf of their principal, in accordance with applicable legislation in force at all times and the conditions set forth in this Agreement for each Service in question, if any.
For these purposes, the User who hires the Services and, therefore, who accepts this Agreement, guarantees and is responsible to MADEINPLANT that he/she knows in advance whether or not he/she is capable of entering into it, on his/her own behalf or on behalf of the person or company he/she represents, in accordance with the established requirements. Those who are considered minors or incapable must have authorization from their guardians or legal representatives to enter into this Agreement, the latter being considered responsible for any conduct of their wards.
2.3. The User admits being a professional, teacher or researcher (including a student formally assigned to a research project in progress) in exercise or a company or entity that makes use of the Services for a strictly professional purpose, integrating them into its productive or activity environment. The User may never have, with regard to the Services, the status of consumer or private or end user, according to the definition of these terms contained in the applicable regulations on Consumer Affairs. In this sense, the User is informed of the non-application, if applicable, of the right of withdrawal regulated in Chapter II (art. 68 et seq.) of the Spanish Royal Legislative Decree 1/2007, of November 16th , which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, nor of the other benefits granted to consumers and users in the aforementioned legal text.
2.4. To access the Services, the User must be in possession of a device (computer, telephone, tablet, etc.) with a stable internet connection.
2.5. The provision of the Services will require the introduction by the Users in the GOLDENBRAID PRO tool of certain data on genetic sequences or other information that the tool requires for its operation (hereinafter, the Information), or the selection and combination by the Users of those available in the database of the tool. The User is aware that this Information is necessary for the provision of the Services, and that these do not include any technical, scientific or any other type of advice from MADEINPLANT, and that the Services consist solely of the possibility for Users to access the GOLDENBRAID PRO tool.
3.1.Users will access the Services through the Web Site www.goldenbraidpro.com, for which they must register a User account (hereinafter, the Account), providing the data and information requested.
3.2.The User guarantees that: (a) all the data provided in the forms provided are accurate, true, complete and up to date, and (b) he/she will keep them updated on time, being obliged to inform MADEINPLANT of any change in them.
3.3.If, when requested to provide the information necessary for registration for the Services, the User provides false, inaccurate or incomplete information, or there are reasonable grounds to suspect that such information is false, inaccurate or incomplete, MADEINPLANT shall have the right, immediately and without prior notice, to refuse or cancel your registration or account immediately, and to terminate any and all current or future use of the Services (or any part thereof).
3.4.In any case, MADEINPLANT reserves, at any time, the right to contact the User in order to verify the data or information provided.
3.5.MADEINPLANT allows a limited number of Authorized Users to access the Account. MADEINPLANT does not allow, under any circumstances, that these authorized persons are different from those that the Account holder has decided to enable as such for the use of the GOLDENBRAID PRO tool. In the event of access to the Account by persons not authorized by the Account Holder, or if the Account Holder has granted more authorized accesses than those permitted by this Agreement, MADEINPLANT shall not be liable for the use of the Account information that these unauthorized users may make.
4.1.When using any of MADEINPLANT's Services, the User undertakes (i) not to use the Service for malicious purposes, nor, in any case, for purposes other than the research purposes for which the Services are designed; (ii) not to use the Service for illicit or criminal purposes, nor to take advantage or illicit benefit for himself or for third parties, paid or unpaid; (iii) to respect in the use of the GOLDENBRAID PRO tool as well as in the enjoyment of the Services, third party rights, such as intellectual property rights, industrial, business secrets, or any other right owned by third parties and for the exercise of which is not authorized; (iv) guarantee that he/she is the owner of the Information entered in the GOLDENBRAID PRO tool and that he/she is authorized to make use of it through the provision of the Services, (v) guarantee that the data or information provided to MADEINPLANT to register his/her Account is complete, accurate, updated and truthful; (vi) authorize MADEINPLANT to use the Information entered in the terms set forth in clause Six; (vi) carry out a diligent policy of conservation of users and passwords granted for access to the Services, being exclusively responsible for any actions that third parties carry out in relation to the Services or the access or alterations in the User's or third parties' Information, which may be carried out as a consequence of a negligent policy in relation to the access codes.
4.2.The User declares to be the owner of the Information entered in the system and under no circumstances will this Information become the property of MADEINPLANT.
5.1.MADEINPLANT owns or has the corresponding license (or authorization of use) of the intellectual property rights that may apply to the GOLDENBRAID PRO tool, the Services, and the Website. In no case shall it be understood that access, navigation and contracting of the Services by the User implies a waiver, transmission, license, or assignment, in whole or in part, to the User of such rights by MADEINPLANT or a third-party owner. Thus, any unauthorized use or infringement of the aforementioned rights may give rise to an extrajudicial or judicial claim against the infringer.
5.2.You may not delete, avoid or manipulate these Terms and Conditions of the Service published on the Web Site.
5.3.As established in clause 4.1.iv) the User guarantees that he/she is the owner of all intellectual property rights or of any other type (know how, ownership of information that may be confidential, in the terms of clause Sixth) on the Information entered in the GOLDENBRAID PRO tool and that he/she has sufficient authorization to make use of the Information through the provision of the Services.
5.4.Any intellectual property rights that may apply to the Information entered by Users in the GOLDENBRAID PRO tool to enable the provision of the Services shall remain the property of their owners, without MADEINPLANT acquiring by that fact any intellectual property right over the Information, without prejudice to the Authorized Uses of the Information referred to in section 7.2. of this Agreement.
6.1.For the purposes of this Agreement, confidential information shall mean any non-public information disclosed by the disclosing party for the purpose of performing the Services that constitute the subject matter of the Agreement.
Confidential Information shall not include information or documentation that: (i) is already in the public domain at the time of disclosure by the disclosing party to the receiving party or subsequently becomes in the public domain without breach of the terms of this Agreement; (ii) was already known to the receiving party prior to the time of disclosure (reasonable proof or written record of such disclosure must be shown); (iii) was subsequently communicated to the receiving party without an obligation of confidentiality by a third party who is in lawful possession thereof and without an obligation of confidentiality to the disclosing party and without an obligation of confidentiality to the receiving party; (iii) was subsequently communicated to the receiving party without obligation of confidentiality by a third party who is in lawful possession thereof and without obligation of confidentiality to the disclosing party or (iv) there is prior written authorization by the disclosing party to the receiving party to disclose such information.
The Parties undertake to use the Confidential Information that may be generated or become accessible in any way during the provision of the Services, keeping it secret at all times, using it only for the purpose of complying with this Agreement. The Parties shall adopt at least the measures indicated in clause Tenth "Account Security" to prevent unauthorized third parties from accessing the Confidential Information, managing and protecting it with at least the same degree of care and diligence with which it manages and protects its own confidential information and, in any case, with the same care and diligence with which a diligent company protects its own confidential information. In the case of the Users, they agree to limit access to the GOLDENBRAID PRO tool and the Information stored in the Account associated to it, only to those who need to have it for the execution of the Agreement, transferring to them the same obligation of confidentiality. Likewise, the Parties agree not to copy or reproduce, totally or partially, the Confidential Information unless such actions are necessary for the correct execution of the Agreement or are authorized by the provisions of the same. The User may not use GOLDENBRAID PRO to try to access information of other users, nor may he/she upload to the GOLDENBRAID PRO tool, Confidential Information of third parties without their prior authorization.
In the case that the disclosing party detects a breach of the duties of confidentiality set forth herein, it shall immediately inform its counterpart, taking, in such case, the legally appropriate measures.
These confidentiality obligations shall continue to apply after the termination of the contract for any reason for three (3) years after such termination.
7.1.MADEINPLANT shall not acquire any intellectual property rights in relation to the Information - confidential or not - that Users enter in the GOLDENBRAID PRO tool in the framework of the provision of the Services.
7.2.However, Users expressly authorize MADEINPLANT to access the Information that they upload or generate in the GOLDENBRAID PRO tool, whether this is considered Confidential Information or not, in order to analyze in an aggregate, not individualized manner, its structure, identify patterns, sequences, trends or correlations. This right of access by MADEINPLANT to the Information shall survive even after the termination of the Agreement. Likewise, Users authorize MADEINPLANT to use the data extracted from such analyses for the purposes it deems appropriate. Such data and analyses obtained by MADEINPLANT from the aforementioned analyses of the Information may be used by MADEINPLANT even after the termination of the Agreement with the User.
To clarify any doubts in this regard, it is expressly agreed that MADEINPLANT will not use in any case the User's Information to develop products that compete with those of the latter.
7.3.The availability and access by the User to the Information that he/she has entered in his/her Account of the GOLDENBRIDE PRO tool, shall be subject to the validity of this Agreement, under the terms established in clause 11.4 of the same.
8.1.MADEINPLANT will make its best efforts to offer the User access to the GOLDENBRAID PRO tool and the Services through the Website. However, the User accepts that there may be technical circumstances in which the Services or the Information may be temporarily inaccessible and exonerates MADEINPLANT from any liability for this fact.
Likewise, the User exonerates MADEINPLANT from any liability that may arise from interruptions in the availability of the Service and delays or errors in the operation of the Service caused by force majeure, causes beyond its control and/or any other cause that could not have been foreseen or that, being foreseeable, could not have been avoided. For these purposes, the following are considered beyond its control, by way of example and without limitation, (i) problems caused by the malfunction of the telephone lines, computer or Internet connection used by the User or its modem or router, (ii) the User's computer system, (iii) navigation software, (iv) viruses, (v) interconnection of telephone and electrical networks, (vi) ISDN, (vii) frame relay, (viii) ADSL, (ix) unavailability of the technological platform from which the Service is accessed and/or any other transport or telecommunications infrastructure used by the User.
8.2.MADEINPLANT reserves the right to make any improvements or optimizations it deems appropriate in the systems through which the Services are provided without prior notice to the User.
8.3.MADEINPLANT will take the steps it deems appropriate to ensure that the websites or third-party tools associated with GOLDENBRAID PRO are always available to the User, but does not guarantee the foregoing, nor does it assume any warranty in this regard.
9.1.The User understands and accepts that the Service is provided "AS IS", i.e. without warranties in relation to possible failures or errors, and that the use of the GOLDENBRAID PRO tool, the Website and the Services are provided at the User's own risk. Thus, except as otherwise provided by law, the Services are not guaranteed in any way. Consequently, MADEINPLANT disclaims all warranties, express or implied, including warranties of enforceability of the results of the Services, merchantability of the Services, performance, quality, reliability of the GOLDENBRAID PRO tool and/or the Services, suitability or unsuitability of the Services or the results obtained therefrom for a particular purpose, as well as any implied warranties that may arise from the performance of the Agreement.
MADEINPLANT does not warrant either that the GOLDENBRAID PRO tool or the Services will meet the User's expectations, or that their availability and functionality will be uninterrupted, secure, or free of errors or harmful or malicious components.
MADEINPLANT does not guarantee results, accuracy or reliability of any information or results that may be derived from the use of the Services. The User shall be solely responsible for the use of any data, information or document obtained through the Services, and this responsibility extends to any damages, direct or indirect, that may result from such use.
9.2.MADEINPLANT is not responsible for the technical correctness, validity, accuracy, lack of ownership, etc. of the Information entered by each User in his or her Account, nor for the consequences that errors or deficiencies in the Information entered may have on the results of the provision of the Service. The User shall be exclusively responsible for any consequences, at the economic, sanctioning, indemnification, reputational, judicial, investigation, etc. level, that may arise from the introduction in the GOLDENBRAID PRO tool of erroneous or technically incorrect Information, or that suffer from any type of defect, holding MADEINPLANT harmless from any claim that, directly or indirectly, has its origin in the above circumstances.
In this sense, MADEINPLANT shall not be obliged to ensure the accuracy, precision, ownership, etc. of the Information that Users enter and host in their Account through the Services provided, being the User the sole responsible for everything that has to do with it.
9.3.MADEINPLANT's responsibility in relation to the security of the Information that Users enter in the GOLDENBRAID PRO tool shall be limited to the provisions set forth in the Ninth Clause of this Agreement.
9.4.None of the parties shall be held responsible for the non-fulfillment of any of their obligations as long as the provision of the Service is delayed or becomes impossible as a consequence of force majeure. Force majeure is understood to be all those cases in which unforeseen circumstances occur, or which, despite their foreseeability, were inevitable, which do not depend on the will of the parties or which are beyond their control, and which cannot be avoided by them, and which cause the impossibility of fulfilling, in whole or in part, the obligations of the parties or make such fulfillment extremely onerous for the affected party, provided that there has been no negligence or fault on their part.
The suspension of the contractual obligations shall last as long as the cause of the Force Majeure remains. If the cause of Force Majeure is prolonged in time in such a way that the provision of the service or the performance of the work is frustrated, or, in any case, if it is prolonged for more than three months, the party not affected by such situation may request the termination of the contract.
10.1.MADEINPLANT informs its Users that the Information they provide will be hosted on third-party servers that meet the highest standards of security and suitability. MADEINPLANT declines any responsibility in relation to possible breaches or security failures that, for reasons beyond MADEINPLANT's control, these servers may present, as well as in relation to the consequences that this may have on the Service.
10.2.MADEINPLANT does not assume any additional guarantee in relation to the security of the Service or the Information entered, nor is it responsible for the misuse of the password by the User or for the use of passwords that are easy to decipher, assuming that whenever the system and the Services are accessed, it will be the User or his authorized persons who do so directly.
11.1.The Agreement may be terminated for the general causes of termination of contracts. In particular, this Agreement shall be automatically terminated in the following scenarios: (i) in the event that the User uses the services provided by MADEINPLANT for purposes contrary to law; (ii) in the event that MADEINPLANT finds that the User is making use of its Account for the transmission of malicious programs such as viruses, malwares, spywares, trojans or similar, which may compromise the proper functioning of the Services or harm third parties; (iii) when there are elements that allow MADEINPLANT to infer that the User does not comply with the requirements established for it in the Second clause of this Agreement.
11.2.In case of misuse of the account, the User will receive an email notification informing him/her that, due to his/her non-compliance with the terms of the Agreement, he/she will be immediately terminated from the Service. From that moment on, MADEINPLANT will no longer be responsible for the Information stored in the account and it will no longer be available to the User.
11.3.The User may request cancellation of the MADEINPLANT Services at any time, following the following procedure: the User must write a message from the Administrator Account stating his/her desire to request the termination of the contract to gbpro@madeinplant.com. In this case, MADEINPLANT will process the cancellation request, which, if correctly handled, will be processed immediately.
In no case shall it be understood that MADEINPLANT has not provided the service because the User has not made use of the system or has not accessed such services for a certain period of time, provided that this is not due to faults attributable to MADEINPLANT.
11.4.Once the Agreement is terminated, for reasons not attributable to the User, the User's access to the GOLDENBRAID PRO tool and to the Information that has been entered therein, associated with the Account, will be automatically deactivated. MADEINPLANT is not obliged to show or deliver the Information to the User in any format or to carry out any type of migration process, much less to carry out a development so that the Information can be analyzed, entered or digitized in any other platform or tool.
12.1.If the User needs any clarification regarding the Services and their characteristics or these Terms and Conditions, please write to gbpro@madeinplant.com.
12.2.Likewise, Users may notify MADEINPLANT, through the same e-mail indicated in the previous paragraph, of any violations of these Terms and Conditions of which they are aware.
13.1.This Agreement is governed by the laws of the Kingdom of Spain. If any part of this Agreement is declared null and void or contrary to law, the remainder of this Agreement shall remain in full force and effect, excluding the provision declared null and void and replacing it with a valid and enforceable provision compatible with and in accordance with the intent of the original Agreement.
13.2.In case of any discrepancy in relation to the application or performance of this Agreement, the Parties waive any jurisdiction that may correspond to them and submit to the Courts of the city of Valencia.
