Terms of Use

1. Definitions

  • Client: the person or legal entity that contracts the services of Innogetcloud offered by INNOVAWIN.
  • Administrator: is the person designated by the Client to exercise the functions described in these Terms.
  • Manager: is the person designated by the Administrator according to the functions of these Terms and whose access is created, invited, approved, administered and managed by the Administrator under paragraph 3 of the present Terms.
  • User: is the end user that can use Innogetcloud in accordance with the functions under these Terms and whose access is created, invited, approved, administered and managed by the Administrator under paragraph 3 of these Terms.
  • Technology Requests: are the requests made by Users to inform, via the Innogetcloud tool, about a problem or a specific technology need in order to generate and get proposals for technological solutions to said technological problem or need.
  • Technology Offers: are the offers made by Users, using the Innogetcloud tool, to provide information about a product, technology, method, process or innovative service to create opportunities for technological development of said offers.
  • Technology Solutions: these are public responses that Users can make to a Technology Request.
  • Contact Requests: are private responses that Users can make to a Technology Offer.

2. User License

By contracting INNOVAWIN’s services, the Client, as well as the Administrator, the Managers and the Users are granted a user license which is nonexclusive, non-transferable, with no possibility of transferring the Software to third parties, limited and subject to the temporary duration and functionality of the Service contracted, and the following obligations:

  1. The Software may only be used simultaneously by the number of users that the Administrator decides within the maximum limit of Users according to the contracted plan.
  2. The Software will be accessible via the Internet and the Administrator, Manager and User cannot use it offline, unless the Software is stored on the Client’s own server according to the features of the contracted plan.
  3. The Client may make one (1) copy of the data entered in the Software solely for backup and archival purposes. This copy must bear a copyright notice along with any additional references to the rights of Licensor concerning the Software and the designation of the original version. In any case, said copy shall be under the strict control of the Client and cannot be made available to third parties through any system or procedure.
  4. The Software may contain User control systems, limiting the use thereof according to the contracted plan.
  5. The Client, Administrator, Manager and User may not alter, consolidate, modify, adapt or translate the Software or decompile, reverse engineer, disassemble or otherwise reduce to a form perceptible to a person, unless the Licensor has expressly authorized it and in writing .
  6. The Client, Administrator, Manager and User may not sell, rent, lease or sublicense the Software.

3. Creation, invitation, approval, administration and management of the Administrator, Manager and User

The Client may assign the functions of Administrator to any individual they wish.

The Administrator may, according to their previously contracted plan, create, invite, approve, administer and manage Managers and Users. Likewise, the Administrator, according to the features of their previously contracted plan, can use the functions that the present Terms grant to them.

The Manager, according to the plan previously contracted and the functions assigned by the Administrator, may have different functions such as supervision, approval, modification or rejection of the Technology Requests and Offers under paragraph 5 of these Terms.

The User can use Innogetcloud and post Technology Requests and Offers with filters previously established by the Administrator. The user can also send technology solutions and contact requests

The Administrator may invite Managers and Users by importing their contact lists via email service providers and by introducing the guest user's email address.

The Administrator can manage the list of invitations using reminders or by eliminating the invitation.
The Administrator may authorize access to those Users who have requested to use Innogetcloud.

In the event that the Administrator invites other Users, before showing personal data concerning them on Innogetcloud, the Administrator shall obtain their prior consent, having informed them of the terms contained in these Terms of Use or have legal cause.

The Administrator may modify the Managers and Users, as well as modifying their permissions.

Roles and permissions for the Managers and Users shall be authorized by the Administrator, according to the plan previously contracted.

The Administrator may register and unregister Managers and Users and modify their permissions.

4. Technology Requests, Offers, Solutions and Contact Requests

The Administrator and, where appropriate, the Manager, according to the features of the plan previously contracted, may review, approve, propose amendments and not approve Technology Requests and Offers, Technology Solutions, Contact Requests, as well as any other information users want to communicate in Innogetcloud. Likewise, they will be able to know the identity of the person that wants to post these technology requests and offers, Technology Solutions, Contact Requests, as well as any other information.

Whoever communicates Technology Requests and Offers, Technology Solutions, Contact Requests , and any other kind of information demonstrates to INNOVAWIN and third parties that they are the owner and / or legitimate licensee and / or assignee of the intellectual property rights of the Technology Requests and Offers, of Technology Solutions, Contact Requests, and any content and information provided in the Software, with power to license and transfer to third parties. In this sense, whoever posts Technology Requests and Offers, Technology Solutions, Contact Requests, and any other information, states that they have the legal capacity to carry out such action, thereby not violating any rights, specifically, exclusive rights, Intellectual Property and / or confidentiality agreements signed with third parties.

Whoever communicates Technology Requests and Offers, Technology Solutions, Contact Requests, and any other information, is responsible for acknowledging the authorship and invention of the published information and any information provided in the Software.

In order to deliver the functionality and Web Site Services, whoever posts Technology Requests and Offers, and any other information, grants INNOVAWIN a non-exclusive license of worldwide territorial scope and unlimited in time, free of royalties and payments, with power to license to third parties to reproduce and transmit the information on the Website, including its results in search engines, social networks and marketing communications to third parties without prejudice to the rights of intellectual property that apply to the User .

Whoever communicates Technology Requests and Offers and any other information, knows and accepts that the mere fact of reporting information on the Website, whether through a Technology Request or Offer, and any other information, does not imply that third parties who use the Website are required to treat the information provided on the Website as confidential, without prejudice to the rights of intellectual property corresponding to the User.

5. Interaction with the innoget.es and innoget.com websites

According to the features of the plan contracted, Users may post Technology Requests and Offers on the Websites innoget.es and innoget.com, taking into account that the Manager, according to the Administrator’s settings, may revise the Technology Requests and Offers before they are posted on the above-mentioned Websites Innoget.com and Innoget.es and decide to post them. Should the Technology Requests and Offers be posted on the Innoget.com and Innoget.es Websites, these postings are subject to the Terms and Conditions of the innoget.com and innoget.es Websites. Thus, INNOVAWIN will be able to review Technology Requests and Offers prior to their posting and will be able to approve, reject or propose modifications. If the Technology Requests and Offers are anonymous, INNOVAWIN will be able to know the identity of the person who originally posted said technology requests and offers.

According to the features of the plan contracted and the filters that the Administrator has chosen, Users of the innoget.es and innoget.com websites can post Technology Requests and Offers on Innogetcloud.

According to the features of the plan contracted by the Administrator, the latter can automatically post requests and offers from innoget.com and innoget.es in Innogetcloud and, according to the Administrator’s settings, the Manager will be able to check these requests and offers from Innoget.es and Innoget.com before they are posted in Innogetcloud.

6. Branding and the Client’s brands

According to the features of the plan contracted the Administrator can adapt and choose the design of Innogetcloud and insert their brand and / or logo in Innogetcloud. The Client declares to INNOVAWIN and third parties that they have the necessary rights to insert their brand and / or logo in Innogetcloud. So that the Administrator can display their brand and / or logo in Innogetcloud, the Client grants a non exclusive license of the graphic representation of the brand with worldwide territorial scope and unlimited in time, free of royalties and payments, to represent graphically their trademark in Innogetcloud, without prejudice to the intellectual property rights that apply to the Client.

According to the features of the plan contracted, the Administrator can choose an Innogetcloud URL address for their users. The Client declares to INNOVAWIN and third parties that they have the necessary rights to include certain words in the URL. For this purpose, the Client grants a nonexclusive brand license with worldwide territorial scope and unlimited in time, free of royalties and payments, without prejudice to the industrial property rights corresponding to the Client.

7. Communications made by the Administrator

According to the features of the plan contracted, the Administrator can send communications to the Managers and Users. For this purpose, the Administrator declares to INNOVAWIN that they have the express prior consent of Managers and users or legal grounds for such action, and that it is not a commercial communication unwanted by Managers and users.

The Client is responsible for the content of communications. In this sense, they must have the necessary rights to the content of communications, including the rights of intellectual property, image rights and other rights.

8. Advertisements

INNOVAWIN provides the Administrator with visual spaces in Innogetcloud and in the communications which the Administrator may make through Innogetcloud so that the Administrator, according to the features of the previously contracted plan, can show their own ads or those of third parties.

If the Administrator makes use of the visual space provided by Innogetcloud, the Client grants INNOAWIN a non-exclusive license for that purpose of the content shown on Innogetcloud of a worldwide scope and unlimited in time, free of royalties and payments, without prejudice to the rights of intellectual property that apply to the Client and third parties.

If the Administrator makes use of the visual space provided by Innogetcloud, the Client is responsible for the content shown. In this sense, the Client declares to INNOVAWIN that they are entitled to publish the advertising content, without infringing any third-party rights, including intellectual property rights, image rights and data privacy. The Client is responsible for obtaining all licenses, assignments, authorizations, public or private, of the content shown in the spaces provided by INNOVAWIN. Likewise, the Client declares to INNOVAWIN that the contents shown do not breach the current regulations on advertising and any other applicable legislation, especially the protection of consumers and users, rights of honour, privacy, self-image and the protection of children and childhood. The Client declares to INNOVAWIN that the contents shown do not contain any unlawful, harmful, abusive, obscene, threatening, or defamatory material.

9. Technical support

According to the features of the plan contracted, INNOVAWIN provides telephone and online technical support to the Administrator to resolve any problem, doubt, question or technical problem involving the Software.

If the Administrator accepts requests for technical support from the Managers and Users of Innogetcloud, the Administrator can provide INNOVAWIN with said requests so that INNOVAWIN can resolve them. INNOVAWIN shall provide answers to the Administrator and it is the latter that should refer them to the Managers and Users of Innogetcloud.

10. Liability

INNOVAWIN is not liable for updating Innogetcloud or for ensuring that the information posted is accurate or complete. Therefore, the User must confirm that the information posted in the latter is accurate and complete before making any decision related to any product, service or content described on Innogetcloud.

The access to the Software by the Administrator, Manager and User does not imply the Company's obligation to ensure the absence of viruses, worms or other harmful computer elements. The Administrator, Manager and User are responsible for the availability of adequate tools to detect and eliminate malicious software.

INNOVAWIN cannot be held responsible for damage caused to the software and hardware of the Administrators, Managers, Users or third parties during the use of the services offered on Innogetcloud, or for any damages of any kind caused to the Administrator, Manager and User as a result of the failures or disconnections of telecommunications networks that produce the suspension, cancellation or interruption of the Software service for the benefit of the same or prior.

If the Administrator, Manager or User breaches any of its obligations under these Terms of Use they are held responsible, including any expenses that this may incur for INNOVAWIN.

11. Innogetcloud’s suitability

It is the responsibility of the Client the suitability of Innogetcloud to obtain those results that are expected from it.