- Application: means the software program created by You using Olympe DRAW.
- Company: Olympe SA, a Swiss corporation with registered offices at EPFL Innovation Park, Building C, 1015 Lausanne, Switzerland
- Olympe DRAW: the Olympe DRAW Application, accessible via Olympe.io, seen as a “Sandbox environment”. DRAW is the visual programming interface of the Olympe Platform.
- Olympe Platform: the software platform provided by Olympe on-premise, downloaded by you on your personal computer or installed on your server, including Olympe DRAW and other applications, that lets You host, develop and operate Your own applications.
- Production: the implementation of any Application for any other purpose than evaluation or testing of the Olympe Platform, in particular – but not limited to – revenue generation.
- “User”, “You” or “Your”: the person or entity whose name has been provided upon registration as the user of the Olympe Platform for the purposes envisioned by these Terms.
- User Data: any personal data uploaded into the Olympe Platform, or otherwise provided for processing by the Olympe Platform, by or on behalf of You in accordance with these Terms.
Welcome to Olympe DRAW, provided to you by Olympe. With Olympe DRAW you can download and install a part of the Olympe Platform on your computer to familiarize and test the Olympe's Platform’s capabilities in terms of creating tailored apps and display information based on personalized rules, towards digital operating systems, using the functionalities of Olympe DRAW only.
By accessing and using Olympe DRAW, you acknowledge that you have read, understand, accept and agree to be bound by these Terms. If you register on the Olympe Platform on behalf of a legal entity, you represent and acknowledge that you are authorised to legally bind that entity to these Terms.
The laws of Switzerland, excluding its conflicts of law rules, shall govern this Terms and Your use of Olympe DRAW.
For European Union (EU) Users
If You qualify as a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
ACCESS TO THE OLYMPE DRAW APPLICATION
To access and use certain parts and functionalities of the Olympe Platform you must register first by creating an Olympe account. You must keep your login credentials secret and take any measure that can reasonably be expected to ensure their security in order to avoid their use by any unauthorized third party. Olympe may in its discretion approve or reject your registration without providing any reason(s). You must ensure that any information you provide in relation to your registration is correct and complete. You are responsible to keep such information up to date and accurate throughout the duration of your registration.
USE OF THE OLMPE DRAW APPLICATION
You are fully responsible for the development, functioning, maintenance and service of your Applications. You must comply with and act in accordance with all instructions, documentation, systems, software and other requirements as stated on and/or made available by Olympe. You must comply with all legal requirements and refrain from creating content that is unlawful or otherwise objectionable, or that may harm Olympe’s reputation or the integrity of the financial system. Your access to Olympe DRAW is provided “as-is” without any warranty and Olympe shall have no indemnification obligations nor liability of any type with respect hereto. We have no obligation to provide you with any support.
You shall not:
· Modify, copy, distribute, transmit, display, publish, lease, sell, license, create derivative works from or use any content on the Olympe DRAW for any other purpose than in accordance with these Terms;
· make Olympe DRAW available to anyone other than the User (provided that, if the User is a legal entity, Olympe DRAW may only be made available to employees of such entity on a need-to-know basis);
· Use Olympe DRAW for Production purposes; Olympe DRAW comes solely as a "trial access to the Platform" for internal evaluation purposes. For Production purposes, a license must be purchased by contacting us at email@example.com. You only have the right to use Olympe DRAW up for a non-Production system for non-Production uses, including creating or testing new data sources, types, or use cases;
· Engage in activities which hinder or prevent others from using the Olympe Platform;
· Damage, interfere with, disrupt or otherwise negatively affect the operation and security of, or attempt unauthorised access to, Olympe's services or systems (including, without limitation, the Olympe Platform);
· Decompile, reconstruct or reverse engineer any software, code on the Olympe Platform or introduce any viruses or other malicious code on the Olympe Platform;
· access or use the Olympe Platform to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, functions or graphics of the Olympe Platform, or (iii) determine whether the Olympe Platform is within the scope of any patent.
INTELLECTUAL PROPERTY RIGHTS
Olympe DRAW is the property of Olympe and/or its licensors and protected by applicable intellectual property laws. All rights in Olympe DRAW and the Olympe Platform generally, including related documentation, are owned by Olympe or its licensors. Upon successful registration, Olympe grants you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to use Olympe DRAW for the term of your registration. This is for the sole purpose of enabling you to use the functionalities of Olympe DRAW in accordance with these Terms. Your rights to use the Olympe Platform are limited to those expressly set forth by these Terms.
You warrant that you have valid title to any intellectual property rights to any app or content you have added to Olympe DRAW, and that the content developed does not violate or infringe the intellectual property rights of any third party. You remain solely responsible for any such content, and Olympe disclaims any and all liability for such content. You will indemnify and hold Olympe harmless from any costs or damages suffered by Olympe as a result of a third party bringing or threatening any claim or action against Olympe on the grounds that such content or any other material provided or used by You in relation to Olympe DRAW infringes the intellectual property rights or other rights of any third party.
You will own the intellectual property to any content you created using Olympe DRAW.
If, for the purpose or Your use of Olympe DRAW, the Olympe Platform is hosted by Olympe or a designated third party of Olympe, Your User Data shall not include personal data in the meaning of the Swiss Data Protection Act or the European General Data Protection Regulation (GDPR) except (i) data pertaining to the User or (ii) with the prior written approval of Olympe.
If User Data includes personal data as defined by the GDPR, You shall comply with any applicable European regulation related to personal data (such as the GDPR from its date of enforceability). In that regard:
· before any personal data processing, You shall provide Olympe with (i) the type of personal data (ii) the categories of data subjects for said personal data, (iii) the subject-matter, duration, nature and purpose of the processing of said personal data;
· Your use of personal data through the Olympe Platform will comply with the scope described above;
· Unless Olympe gave You prior written consent, You shall not process sensitive data (such as personal financial and financial account information, sexual orientation, personal medical or health information, personal information of children under 13, social security numbers, national identity, national insurance, and similar personal identifiers) through the Olympe Platform.
Provided You complied with the aforementioned obligations, Olympe will comply with any applicable European regulation related to personal data (such as the GDPR from its date of enforceability).
The trademarks, service marks and logos of Olympe on the Olympe DRAW are the property of Olympe. You are prohibited from using any of the marks without the prior written consent of Olympe.
CHANGES OF TERMS
Olympe may at any time change these Terms or any additional terms that apply to specific components available through Olympe DRAW. Changes to these Terms will be published in this section of Olympe DRAW, while changes to additional components or bricks terms will be published in the relevant sections. However, changes regarding new functionalities of Olympe DRAW may become effective immediately. If you do not agree to changes to these Terms or to changes to the additional terms of a specific component, you must stop your use of Olympe DRAW. You understand and agree that if you use Olympe DRAW after the date on which these Terms have become effective or the additional terms have become effective, your use will be deemed to constitute acceptance of the relevant changes.
Olympe has the right to change, modify or expand the functionalities, features and services available on Olympe DRAW at any time. Where possible, Olympe will provide prior notice of any such action, but Olympe reserves the right to do so without prior notice. Modifications and changes to the Olympe DRAW may affect your use of the Application. Olympe may, at its discretion, decide at any moment to extend or restrict Your right to use the Olympe Platform. Olympe will not be liable for any loss or damage resulting therefrom.
Use of Olympe DRAW is at your own risk. You are responsible for evaluating the accuracy, completeness or usefulness of any information, developments, data, projects or other content available on Olympe DRAW.
Information on Olympe DRAW (including but not limited to software, source code, object code, documentation, APIs) is provided "as is" and is subject to change without prior notice. Such information is provided without representation or warranty of any kind.
Olympe does not warrant the error free and uninterrupted service of Olympe DRAW. If you notice any problems, errors or security incidents during your use of Olympe DRAW, you may contact us via our Support page.
Olympe excludes all liability for indirect and direct damages, lost profits, loss of business, hardware or software damage or malfunction, including consequential data loss.
By submitting feedback, comments, ideas and suggestions in relation to Olympe DRAW, you grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in such feedback to Olympe to improve Olympe DRAW or any other products or services. Any such feedback is voluntary and Olympe may consider or may be developing products and services that are the same or similar to your feedback.
In case any provision of these Terms is or becomes illegal, invalid or unenforceable, the legality, validity or enforceability of any other provision will not be affected.
Nothing in these Terms is intended to or shall create a partnership, agency, joint venture or co-owner relationship between Olympe and You.
These Terms govern the relationship between Olympe and You, and do not create any third party rights.
All disputes arising out of or in connection with these Terms, including disputes regarding its conclusion, validity, binding effect, amendment, breach, termination or rescission, shall be subject to the exclusive jurisdiction of the ordinary courts of Lausanne. Notwithstanding the foregoing, Olympe may elect, at its discretion, to seek protective or interim measures or injunctions against the User or any third party before any court of competent jurisdiction.
If you have any questions about the Olympe application, license purchasing or these Terms and Conditions, you can contact us:
These Terms apply as of 10 March 2021.