User Terms of Service for the NextBrain.ai Platform (“User Terms”)
Effective date: October 1, 2023
These User Terms of Service (the “User Terms”) describe your rights, responsibilities, and obligations when using the NextBrain.ai software-as-a-service solutions for weather forecasting management (the “NextBrain.ai Platform”) as “Authorized User”.
This agreement describes how we will work together and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese”, but we have tried to make it as readable as possible.
You access and use the NextBrain.ai Platform on behalf of a NextBrain.ai “Customer”. To do so, you need to log into a “Customer Account”.
A Customer is a legal entity (typically your employer) that has (i) separately agreed to our Customer Terms of Service for the NextBrain.ai Platform (“Customer Terms”) or (ii) entered into an individual written agreement with us regarding the use of the NextBrain.ai Platform (in either case, the “Agreement”).
“NextBrain.ai”, “we,” “our” and “us” means NextBrain AI S.L.(http://NextBrain.ai), a limited company with registered office Paseo de la Castellana, n.º 210 planta 5, puerta 8. 28046, Madrid and registered number B13823448, and, where appropriate, our affiliate companies within our group. If you access or use the NextBrain.ai Platform, or continue accessing or using the NextBrain.ai Platform after being notified of a change to the User Terms, you confirm that you have read, understand, and agree to be bound by the User Terms. They constitute a legally binding arrangement between you and us. If you breach the User Terms we may suspend your and Customer’s access to the NextBrain.ai Platform and pursue all remedies available to us under these User Terms and the Agreement.
1. User Management
It is the Customer’s responsibility to manage the Authorized Users associated with its Customer Account. In particular, Customer may change your account settings or permissions or may terminate your access to the NextBrain.ai Platform at any time. You must keep your login information to the Customer Account secure and confidential at all times.
2. Customer Data
As an Authorized User, you may upload certain content to the NextBrain.ai Platform, such as information about vehicles or drivers (“Customer Data”). You acknowledge and agree that the Customer Data is owned by Customer and that you may only upload Customer Data in compliance with Customer´s guidelines, instructions, policies, and practices relevant to the processing of Customer Data and the use of the NextBrain.ai Platform. We are not responsible for the content of any Customer Data. We are processing the Customer Data on behalf of the Customer and per the Customer´s instructions.
3. Proper Use
You agree that you will not use the NextBrain.ai Platform to (i) commit crimes or violations of applicable law; (ii) to store, transmit, or disseminate a virus; (iii) to store or send material that is malicious or technologically damaging or contrary to the principle of good faith or is otherwise illegal, offensive or obscene; (iv) to hack into parts of the NextBrain.ai Platform or reverse engineer it; (v) to corrupt data; (vi) to disrupt other users; (vii) to violate the intellectual property rights of others; (viii) to send unsolicited advertising or marketing material; or (ix) to try to influence the performance or functionality of the NextBrain.ai Platform or computer systems accessible through the NextBrain.ai Platform.
These User Terms remain effective until your access to the NextBrain.ai Platforms has been terminated by the Customer or us.
5. Applicable law and legal venue
These User Terms are governed by Spanish law to the exclusion of the UN Convention on the International Sale of Goods (CISG) and any application of the conflict of laws (IPR). The legal venue for all legal disputes arising from or in connection with this Agreement in Madrid, Spain, save that we shall have the right to institute legal action against you at your general place of jurisdiction, at our discretion.