Terms and Conditions
1. Acceptance of terms
By accessing or using Consigli AS ("Consigli", "We","Our", "Us",) services you confirm the that you agree to comply with these Terms of Use ("Terms"). If you do not agree with these terms, you must not access or use our services. You accept these Terms on behalf of the company or any other legal entity in which you are acting, and warrant that you have the right and capacity to act on behalf of the company or legal entity.
2. Description of service
Consigli and/or its licensors have developed certain online software applications, platforms and other services (the "Services"), which it makes available to the Customer and Authorised Users ("User", "You") via the internet for the purpose of providing data-driven insights to assist you with planning and designing buildings.
By using the service, you can closely monitor a project's progress to optimise project value, engineering design and planning throughout the different development stages.
Deliverables will be made available via the online platform, consigli.app.
· You get a username and password login for https://consigli.app
· You get access to the project and service(s) subscribed to.
· You upload all the required inputs for the service(s) subscribed to in the platform.
· Consigli runs the service(s) and the initial results are available on the platform for you to access within an agreed timeframe
3. Right to use
3.1 The Users will be granted a terminable, non-exclusive, non-transferrable right and licence, without the right to grant sublicences, to permit the use of the Services solely for the Users’ internal business operations.
3.2 Consigli shall provide the Users with information, including usernames and passwords, and instructions to access the Services.
3.3 Users shall keep a secure password for their use of the Services, and that Users shall keep their password confidential.
4. Use of Service
4.1. The Users shall ensure that the Services are only used in conjunction with the Project and/or License Agreement.
4.2. The Users is solely responsible for any improper use of the Services, including the material accessed, stored, distributed or transmitted by the Users during the course of its use of the Services.
4.3 The Users shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that:
4.3.1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
4.3.2. facilitates illegal activity;
4.3.3. depicts sexually explicit images;
4.3.4. promotes unlawful violence;
4.3.5. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
4.3.6. infringes copyright laws; or
4.3.7. is otherwise illegal or causes damage or injury to any person or property.
4.4. The Users shall not except as required under applicable law which is incapable of exclusion by these Conditions and except to the extent expressly permitted under these Conditions:
4.4.1. attempt to copy, modify, duplicate, frame, mirror, republish, download, display, transmit or distribute all or any portion of the Software in any form or media or by any means;
4.4.2. attempt to de-compile, reverse decompile, dissemble, reverse engine or otherwise reduce to human-perceivable form all or any part of the Software;
4.4.3. access all or any part of the Services in order to build a product or services which competes with the Services;
4.4.4. use the Services to provide services to third parties;
4.4.5. license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Services available to any third party except the Users;
4.4.6. attempt to obtain, or assist third parties in obtaining, access to the Services, other than as permitted under this section 4 of the Conditions; or
4.4.7. introduce or permit the introduction of any Virus into Consigli's network or information systems.
4.5. The Users shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify Consigli.
4.6. If the User is in breach of any of its obligations within this section 4, Consigli may, without liability or prejudice, immediately disable the Users’ access to the Services and/or terminate the End User License Agreement.
5. Intellectual Property
5.1 All Intellectual Property Rights in any specification, information instructions, plans, drawings, models, designs or other material, which are made available to Consigli by the Users or obtained by Consigli in connection with the Services will remain vested solely in the User and will be kept confidential by Consigli.
5.2 The Users acknowledge and agrees that Consigli and/or its licensors own all Intellectual Property Rights in the Services. This does not grant the Users any rights to, under or in, any patents, copyright, database, right, trade secrets, trade names, trade marks(whether registered or unregistered), or any rights or licenses in respect of the Services
5.3 Consigli has the right to use the Users’ Data during the Subscription Period to provide the Services to the Customer. The Users shall have sole responsibility for the legality, integrity, accuracy and quality of all such Data.
6. Disclaimer of Warranties
6.1 The Services are provided to the Users on an "as is" basis without warranty of any kind. The Software is not contingent on or tied to any particular version or functionality at any particular point in time, and Consigli is under no obligation to enhance the Services or provide additional Services.
6.2 Consigli undertakes that the Services will be performed substantially in accordance with the description of the Services with reasonable skill and care. This shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to Consigli's instructions or the terms of these Terms of Use or modification or alteration of the Services by any party other than by Consigli or its authorised contractors or agents.
6.3 Consigli does not warrant that (a) the use of the Services will be uninterrupted or error-free;(b) the Services and/or information and/or results obtained will meet the requirements; (c) the Services will be free from all Vulnerabilities or Viruses; or (d) the Software or Services will comply with Heightened Cyber Security Requirements.
6.4 Consigli is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Users acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6.5 For the avoidance of doubt, Consigli does not give any warranty regarding the suitability or compatibility of the information and/or results produced by the Services in connection with the onward use of such information and/or results. The onward use of any information and/or results produced by the Services shall be at the Users own risk.
6.6 Consigli shall use reasonable commercial endeavours to make the Services available 24 hours a day. The Users acknowledges that there may be operational disruptions or planned or unplanned maintenance work carried out from time to time which result in the Services being temporarily unavailable, and that Consigli, its subcontractors or licensors may carry out such maintenance work at their own discretion as they consider necessary or desirable to make improvements, perform upgrades, add to, modify, alter and correct any error or omissions in any part of the Services. Consigli shall use its reasonable endeavours to notify the Users of any planned maintenance.
7. Limitations of Liability
7.1 The Users assume sole responsibility for the results obtained from the use of the Services, and for the conclusions drawn from such use. Consigli shall have no liability for any damage caused by the use of any results or information obtained from the use of the Services, including in relation to any design decisions.
7.2 Consigli shall have no liability for any damage caused by errors or omissions in any information, instructions, or data provided to it by the Users in connection with the Services, or any actions taken by Consigli at the Users’ direction
7.3 Nothing in these Terms shall exclude the liability of Consigli for death or personal injury caused by Consigli's negligence or fraud or fraudulent misrepresentation.
7.4 Consigli shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information (including Users’ Data), or pure economic loss, for any third party claims or government decision, or for any special, indirect or consequential loss, costs, damages, charges or expenses
7.5 Consigli's total aggregate liability in contract, tort (including negligence or breach of statutory duty),misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance, shall be limited to an amount equal to the Fees paid by the Customer in the 12-month period immediately prior to being noticed of any such claim.
8. Privacy and Personal data
8. Privacy and Personal data
At Consigli we are committed to protecting and preserving the privacy of users of our Services. Consigli will only process Personal Data as necessary to provide the Services, for the purpose of Supplier providing the Services to the Users. The types of personal information that Supplier may process in order to provide the Services include, but are not limited to: (1)name; (2) email address; (3) and any other information generated from such personal information as a result of Supplier providing the Services. Although Consigli recommends that sensitive personal data is not transferred via the Services, the parties recognise that the use of the Services may involve the transfer of Personal Data from the User to Consigli. By using our Services you understand that we will collect and use your personal information as described in our privacy policy.
