Terms of Service

Last Modified: March 09, 2021

These terms of service (the “Terms”) govern your access to and use of ConsultOne/NacelleLabs (“we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services. Unless we agree with you in writing that your individual terms and conditions are somehow different from the ones outlined in this document, you are bound by these Terms when using the Services.

By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with ConsultOne/NacelleLabs and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion. ConsultOne/NacelleLabs may sub-contract or assign the provision of any and all of the Services. By agreeing to the Terms, you acknowledge and agree that the form and nature of the Services may change without prior notice to you.

Your Data & Your Privacy

By using our Services you provide us with information, files, and folders that you submit to ConsultOne/NacelleLabs (together, “your data”). You retain full ownership to your data. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your data or intellectual property except for the limited rights that are needed to run the Services, as explained below.

We may need your permission to do things you ask us to do with your data, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we either directly or through our subcontractors redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services).

To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share your content with others, including law enforcement, for any purpose unless you direct us to. How we collect and use your information generally is also explained in our Privacy Policy.

You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

We may choose to review public content for compliance with our community guidelines, but you acknowledge that ConsultOne/NacelleLabs has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.

Sharing Your Data

The Services provide features that allow you to share your data with others. There are many things that users may do with that data (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share. ConsultOne/NacelleLabs has no responsibility for that activity.

Your Responsibilities

Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not ConsultOne/NacelleLabs, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

You, and not ConsultOne/NacelleLabs, are responsible for maintaining and protecting all of your data. ConsultOne/NacelleLabs will not be liable for any loss or corruption of your data, or for any costs or expenses associated with backing up or restoring any of your data.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you do not have the legal capacity to enter into contracts. By agreeing to these Terms, you are representing to us that you have full legal capacity to enter into contracts and that your capacity is not limited by age or any form of judicial or administrative restriction.

Your NacelleLabs account

You must provide us accurate information when you create your ConsultOne/NacelleLabs account. Your ConsultOne/NacelleLabs account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. If you connect to ConsultOne/NacelleLabs with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another user’s account without permission.

Account Security

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify ConsultOne/NacelleLabs of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to ConsultOne/NacelleLabs, it is your responsibility to use a secure encrypted connection to communicate with the Services.

Software and Updates

Some use of our Service may require you to download a client software package (“Software”). ConsultOne/NacelleLabs hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.

ConsultOne/NacelleLabs Property and Feedback

These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other applicable laws of both the Slovak Republic and foreign countries. These Terms do not grant you any rights to use the ConsultOne/NacelleLabs trademarks, logos, domain names, or other brand features.

Acceptable Use Policy

You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the ConsultOne/NacelleLabs Acceptable Use Policy.

Copyright

ConsultOne/NacelleLabs respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:

Copyright Agent
ConsultOne, s.r.o.
Žellova 6
8121 08 Bratislava
[email protected]

Other Content

The Services may contain links to third-party websites or resources. ConsultOne/NacelleLabs does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

Termination

Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

Our Services are Available “AS-IS”

Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ConsultOne/NacelleLabs will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CONSULTONE/NACELLELABS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CONSULTONE/NACELLELABS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF EUR 20 OR THE AMOUNTS PAID BY YOU TO CONSULTONE/NACELLELABS FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.

Limitations on Use of Services.

ConsultOne/NacelleLabs may impose reasonable limitations on bandwidth usage for the Services. You acknowledge and agree that ConsultOne/NacelleLabs may suspend or discontinue, without prior notice to you and at the sole discretion of ConsultOne/NacelleLabs, some or all of its Services, making the Services unavailable to you or other users. If ConsultOne/NacelleLabs deems it necessary to discontinue the services it provides due to the highly unlikely event of ConsultOne/NacelleLabs’s closure, you will receive at least 7 days notice before your account is closed.

You acknowledge and agree that if ConsultOne/NacelleLabs disables access to your account, you may not be able to use the Services or access your account details, files or other content that may be contained in your account.

ConsultOne/NacelleLabs may remove any data or user accounts at any time and for any reason at the sole discretion of ConsultOne/NacelleLabs.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Miscellaneous Legal Terms

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY THE LAW OF THE SLOVAK REPUBLIC, EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE STATE COURTS OF THE SLOVAK REPUBLIC, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and ConsultOne/NacelleLabs with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. ConsultOne/NacelleLabs’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but ConsultOne/NacelleLabs may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. ConsultOne/NacelleLabs and you are not legal partners or agents; instead, our relationship is that of independent contractors.