Terms & Conditions
The OLEN Platform ("Platform), its content and any services provided in relation to the same are only targeted to, and intended for use by, organisations and their representatives who have been given appropriate user rights to manage or view information in relation to their engines or assets ("Assets") and as a repository of information relating to such Assets ("Asset Documentation"). To access the Platform, you will need to register an account with us by providing us with your name and contact details and the name of the organisation you represent, and we will create an account for you and provide you with your log in and account details.
1. OVERVIEW
These terms set out your rights and obligations to access and use the Platform and restrictions on how the Platform and its services can be used.
The Platform acts as a neutral technical platform facilitating the exchange and management of Asset-related information between organisations. OLEN does not verify, validate or approve Asset Documentation unless expressly agreed in writing.
2. BY USING THE PLATFORM, YOU ACCEPT THESE TERMS
By using the Platform, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use the Platform. These terms are supplemental to any other terms agreed in writing between us and your organisation relating to the Assets.
The Platform uses software (and is hosted by) a third-party supplier to us.
We recommend that you print a copy of these terms for future reference.
We will only use your personal information as set out in our Privacy Policy.
We may amend these terms from time to time and the latest set of terms will be made available through the Platform. Please ensure you regularly check the applicable terms available to ensure you understand the terms that apply at that time.
2A. QUALIFIED USERS
The Platform is strictly business-to-business. By registering, you confirm that
(a) you act on behalf of a duly constituted legal entity authorised to do business in the aviation sector, and
(b) you are at least 18 years old and have full legal capacity to bind that entity.
OLEN reserves absolute discretion to accept or reject any registration request. Unauthorised use of another person’s account must be reported to us immediately.
3. RIGHTS TO ACCESS AND USE THE PLATFORM
Through these terms, we grant you a non-exclusive, non-transferable, revocable, worldwide right and licence to:
· remotely access and use the Platform;
· to load and use any locally installed software forming part of the Platform,
We warrant and represent that the provision and use of the Platform will not infringe the IPR of any third party and that we own or have obtained valid licences of all IPR, consents or permissions which are necessary to enable us to provide the Platform, grant the rights and licences to the Platform.
You shall not at any time use the Platform for any purposes beyond the scope of the access. You shall not at any time (i) copy, modify, or create derivative works of the Platform, in whole or in part; (iii) rent, lease, lend, sell, license, sublicense, distribute, publish, transfer, or otherwise make available the Platform; (iv) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to any software component of the Platform, in whole or in part; or (iii) remove any proprietary notices from the Platform.
3A. FEES, PAYMENT AND TAXES
If the Services are subject to fees, the applicable charges will be shown in the relevant Sales Order or onboarding screen. Invoices are payable within 30 days; overdue amounts bear interest at 1.5 % per month (or the maximum rate allowed by law).
We may change prices with at least 30 days’ written notice, but not within the first 12 months of your initial subscription. You are responsible for all applicable sales, use or similar taxes, other than taxes on our net income.
All fees are exclusive of VAT or other applicable indirect taxes, unless expressly stated otherwise.
4. WE MAY MAKE CHANGES TO the platform
We may update and change the Platform from time to time to reflect changes to our services, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
5. WE MAY SUSPEND OR WITHDRAW the platform
We do not warrant or guarantee that the Platform, or any content on it, will always be available or be uninterrupted or error free. We may suspend or withdraw or restrict the availability of all or any part of the Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Your access to the Platform shall automatically terminate in the event that the organisation you represent notifies us you are no longer their representative, or where any agreement between us and your organisation terminates.
We may also terminate your access immediately for material breach of these Terms. Upon termination we may disable your account and, after thirty (30) days, delete or anonymise any content, subject to our data retention obligations under applicable law and our Privacy Policy that you have stored on the Platform.
6. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
Where you are the registered user and have been provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at support@olenmro.com
Each legal entity may hold one OLEN account unless we approve otherwise in writing, and login credentials may not be shared or transferred. You must protect your password and enable multifactor authentication where offered.
7. HOW YOU MAY USE MATERIAL ON THE PLATFORM
We are the owner or the licensee of all intellectual property rights in the Platform. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. If you print off, copy, download, share or repost any part of the Platform, or any of our content contained within the Platform, in breach of these terms of use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
We do not by these terms grant any rights in, nor accept any responsibility or liability for, the Asset Documentation which shall be subject to separate terms entered into between you or your organisation and the counterparty with whom you are sharing such Asset Documentation through the Platform.
The rights you license to us are described further below.
OLEN does not review, approve or audit Asset Documentation unless expressly agreed in writing.
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8. NO TEXT OR DATA MINING, OR WEB SCRAPING
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Platform or any services provided via, or in relation to, the Platform. This includes using (or permitting, authorising or attempting the use of):
· Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
· Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this paragraph should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This paragraph shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
9. UPLOADING CONTENT TO THE PLATFORM
Whenever you make use of a feature that allows you to upload content to the Platform (which includes the upload of Asset Documentation or such other information required to be provided by you or your organisation under any applicable agreement in place,) you must not use the Platform:
· in any way that breaches any applicable local, national or international law or regulation;
· in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
· to bully, insult, intimidate or humiliate any person;
· to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below;
· to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
· to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
· to upload terrorist content.
You also agree not to access without authority, interfere with, damage or disrupt:
· any part of the Platform;
· any equipment or network on which the Platform is stored;
· any software used in the provision of the Platform; or
· any equipment or network or software owned or used by any third party.
Content Standards In relation to any information which you upload to the Platform, including the Asset Documentation, commentary, pictures or otherwise, you must ensure that such contribution:
· is accurate (where it states facts);
· be your genuinely held view (where it states opinions);
· comply with applicable law, including the laws of Spain and any country from which it is posted.
A Contribution must not:
· be defamatory of any person;
· be obscene, offensive, hateful or inflammatory;
· bully, insult, intimidate or humiliate;
· promote sexually explicit material;
· include child sexual abuse material;
· promote violence;
· promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
· infringe any copyright, database right or trade mark of any other person;
· be likely to deceive any person;
· breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
· promote any illegal content or activity;
· be in contempt of court;
· be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
· be likely to harass, upset, embarrass, alarm or annoy any other person;
· impersonate any person or misrepresent your identity or affiliation with any person;
· advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
· contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
· contain any advertising or promote any services or web links to other sites.
You warrant that any such contribution does comply with the above standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described further below.
We also have the right to disclose your identity to any third party who is claiming that any content uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
You are solely responsible for securing and backing up your content.
9.A CONTENT REMOVAL
We do not undertake to screen material uploaded to the Platform, but we may block access to, or permanently delete, any content at our sole discretion—for example where we have reason to believe it is unlawful, infringes third-party rights or breaches these Terms.
10. RIGHTS YOUR ARE GIVING US TO USE MATERIAL YOU UPLOAD
The Asset Documentation or any content, being any information, data, materials or other content that you upload or submit through the Platform are, as between us and you, exclusively owned by you. Your content does not include any and all information reflecting the access to and use of the Platform by you, or any of our content, including tools, data or information obtained from us.
When you upload documentation to the Platform, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use the content provided by or on your behalf solely to the extent necessary for us to provide you access to and use of the Platform. and otherwise to enable such content to be accessed by an agreed counterparty. This licence remains in effect for as long as necessary to comply with legal obligations and to provide the Platform services.
We may sublicense the rights granted under this paragraph to subcontractors solely for the purpose of providing you the Platform.
11. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that the Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the Platform. You should use your own virus protection software.
You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.
12. RULES ABOUT LINKING TO THE PLATFORM
The Platform must not be framed on any other site, nor may you create a link to any part of the Platform.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
The Platform is for use by organisations and their representatives. We exclude all implied conditions, warranties, representations or other terms that may apply to the Platform or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
· use of, or inability to use, the Platform; or
· use of or reliance on any content displayed on the Platform.
In particular, we will not be liable for:
· loss of profits, sales, business, or revenue;
· business interruption;
· loss of anticipated savings;
· loss of business opportunity, goodwill or reputation; or
· any indirect or consequential loss or damage.
13A. INDEMNITY
You agree to indemnify and hold OLEN, its directors, employees and subcontractors harmless from and against all claims, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to (i) any content you upload or process through the Platform, (ii) your breach of these Terms, or (iii) your violation of any law or third-party right.
14. INTERNATIONAL TRADE COMPLIANCE
The Platform is controlled, operated and administered in Spain and we make no representation that the Information is appropriate or available for use at other locations outside of Spain. Access to and use of the Asset Documentation within the Platform from and in territories where the content is illegal is prohibited. You may not access or use the Platform export or re-export the Asset Documentation in violation of applicable export laws and regulations and you shall be solely responsible for obtaining any necessary licences or governmental authorisations. Data may be processed or stored using cloud infrastructure located outside Spain, subject to applicable data protection laws
15.WHICH COUNTRY'S LAW APPLY TO ANY DISPUTES?
These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the Spanish law. We both agree to the exclusive jurisdiction of the court of Spain.
If any term or provision of these terms is held to be illegal or unenforceable, in whole or in part, such term or provision or part thereof shall, to that extent, not form part of these terms and the enforceability of the remainder of these terms shall not be affected
16. CONTACT DETAILS
In these terms of use, the terms "we", "our", and "us" are used to refer to OLEN TECH LABS 2000, S.L. We are registered in Spain.
If you have any questions in relation to these terms or generally in relation to the Platform, please contact by email at support@olenmro.com