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    • Terms of Service API

    Terms of Service API on the Eurocodes-Tools platform are a complement to the General terms of Service & Sales of Optimax Structures.

    These terms of service (the “Terms”) apply to the Eurocodes Tools software platform and other products and services (collectively, the “Service”) provided by Optimax Structures (“Optimax”) via eurocodes-tools.com (the “Site”). Optimax is the API Provider of the following services on its API Hub:

    -ECZ API service – first available: the 01/02/2025

    -ECT Mechanical Solver API service – first available: pending

    By registering to use the Service, accessing the Service, you agree and acknowledge that you have read all of the terms and conditions of these Terms, you understand all of the terms and conditions of these Terms, and you agree to be legally bound by all of the terms and conditions of these Terms.

    These Terms apply to individuals and entities that obtain access to APIs via the Service (“API Consumers”). Unless otherwise specified, “you” refers to API Consumers.

    The “Effective Date” of these Terms is the date you first access the Service.

    Optimax reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of Optimax) at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by sending an email, posting a notice on the Site, posting the revised Terms on the Site and revising the date at the top of these Terms, or such other form of notice as determined by Optimax. Any changes or modifications will be effective 7 days after providing notice that these Terms have been modified (the “Notice Period”). Your continued use of the Service following the Notice Period will constitute your acceptance of such changes or modifications. You are advised to review these Terms whenever you access the Service and at least every 30 days to make sure that you understand the terms and conditions that will apply to your use of the Service.

    PRIVACY

    For information about how we collect, use and share information about users of the Service, please see our privacy and RGPD terms on our website

    SERVICE & REGISTRATION

    Service

    Optimax’s API Hub connects the API services provided by Optimax and API Consumers. Each API offering includes a description of the API, its associated price, and other related terms and conditions. API Consumers may purchase the right to use an API as part of a subscription plan.

    Optimax grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Service subject to these Terms.

    Registration

    In order to access the Service, API Consumers must register with Optimax by completing the registration forms provided via the Site. The API Consumer must generate also an entity called “organization”.

    You agree to (a) provide accurate, current, and complete information as may be prompted by the registration forms via the Site (“Registration Data”), (b) maintain the security of your Optimax account password, (c) maintain and promptly update the Registration Data, and any other information you provide to Optimax, to keep it accurate, current, and complete and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Optimax.

    You are responsible for safeguarding the passwords you use to access the Service and agree to be fully responsible for activities or transactions that relate to your Optimax account or password. You must notify Optimax immediately if you learn of an unauthorized use of your Optimax account or password.

    API CONSUMER

    API Consumer — Subscription Packages

    API Consumer may browse listed APIs and subscribe to access and use APIs pursuant to one of the Optimax API subscription plans. Depending on a particular API offering, API Consumer may also be able to arrange custom pricing and service directly with Optimax.
    Unless otherwise expressly set forth in the Optimax subscription plan selected by an API Consumer, Optimax subscription plans will automatically renew for additional periods equivalent in length to the initial Optimax subscription period selected by such API Consumer. Each API Consumer may change the type of subscription plan selected or terminate the subscription plan according to the terms and conditions of such subscription plan.

    API Consumer — Fees

    The pricing terms for each API Consumer’s access and use of APIs are set forth in the Optimax subscription plan selected by such API Consumer. All payments must be made in Euro currency by credit or debit card via an authorized Optimax payment processor or via bank withdraw to the profit of Optimax.

    Optimax will charge the credit/debit card or via the SEPA information provided by API Consumer via the Service in advance and in accordance the subscription plan selected by API Consumer. Most plans are monthly with subscriptions payable at the beginning of the each period.


    Each API Consumer hereby authorizes Optimax (or its authorized payment processor) to charge the credit/debit card number provided via the Service by such API Consumer in accordance with the Optimax subscription plan selected, and such API Consumer represents and warrants that such API Consumer is authorized to use and have fees charged to the credit/debit card number provided to Optimax. API Consumer understands that it may withdraw such authorization by submitting a request via mail at adv@eurocodes-tools.com



    General Grant and Ownership

    Unless otherwise expressly indicated in these Terms, all information, materials, and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content (collectively, “Optimax Materials”) are exclusively owned by Optimax or are used with permission. You may not use or disclose any of the Optimax Materials without Optimax’s express prior written consent.


    COPYRIGHT POLICY

    Optimax users may report content that appears on/via the Site or Service to Optimax that he/she thinks violates these Terms, and Optimax may remove such content, suspend or terminate the account of the user who made posted such content and/or take additional action to enforce these Terms against such user.

    FEEDBACK

    Any suggestions, comments, or other feedback provided by you to Optimax with respect to the Service or Optimax (collectively, “Feedback”) will constitute confidential information of Optimax. Optimax will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind, on account of intellectual property rights or otherwise.

    TRADEMARKS

    Optimax’s name, trademarks, logos, and any other Optimax product, service name, or slogan included in the Service are property of Optimax and may not be copied, imitated, or used (in whole or in part) without Optimax’s prior written consent. The look and feel of the Service and the Site, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of Optimax and may not be copied, imitated, or used (in whole or in part) without Optimax’s prior written consent.


    SUSPENSION OR TERMINATION

    Optimax may, at its sole discretion, suspend or terminate your license to access or use the Service at any time and for any reason without notice. You must stop accessing or using the Service immediately if Optimax suspends or terminates your license to access or use the Service. Optimax reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Service during suspension or after termination. Optimax may recover its reasonable attorneys’ fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Service is suspended and after it is terminated. Except for the license granted to you to access and use the Service and all payment terms, all of the terms, conditions, and restrictions set forth in these Terms will survive the termination of these Terms.

    API Consumers acknowledge and agree that Optimax may remove any API or any API Content/Terms at Optimax’s sole discretion.

    API Consumer may terminate its subscription plan at any time by selecting Unsubscribe from the applicable API plan page. NO REFUNDS WILL BE ISSUED.

    DISCLAIMER

    YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OPTIMAX DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS, THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY API CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE VIA THE SITE AND THE OPTIMAX MATERIALS), THIRD-PARTY INFRASTRUCTURE (AS DEFINED BELOW) AND THIRD-PARTY TRADEMARKS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, AND CONDITION OF TITLE.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPTIMAX DOES NOT WARRANT, AND DISCLAIMS ALL LIABILITY FOR (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE SITE), OR THIRD-PARTY TRADEMARKS; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE AND ANY API MADE AVAILABLE VIA THE SERVICE; (C) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE; AND (D) WHETHER THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

    INDEMNIFICATION

    You agree, at your sole expense, to defend, indemnify and hold Optimax (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) for any death, injury, property damage caused by, arising out of, resulting from, attributable to or in any way incidental to any of your conduct or any actual or alleged breach of any of your obligations under these Terms (including, but not limited to, any actual or alleged breach of any of your representations or warranties as set forth in these Terms).


    LIMITATION OF LIABILITY

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPTIMAX WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY API CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE VIA THE SITE AND OPTIMAX MATERIALS), THIRD-PARTY INFRASTRUCTURE OR THIRD-PARTY TRADEMARKS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), EVEN IF OPTIMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OPTIMAX ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY API CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE SITE), THIRD-PARTY INFRASTRUCTURE OR THIRD-PARTY TRADEMARKS EXCEED ONE HUNDRED EURO (EUR €100.00).

    SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

    Optimax reserves the right, but does not have the obligation, to review, screen, or monitor any links to any APIs or any API Content/Terms (as defined below) at any time and for any reason without notice.

    ARBITRATION

    PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH OPTIMAX AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM OPTIMAX.

    In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Optimax agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the French courts and tribunals. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Optimax are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and Optimax intend and agree: (a) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (b) not to assert class action or representative action claims against the other in arbitration or otherwise; and (c) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.

    If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the French courts and tribunals. The language of all proceedings and filings will be French. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed, and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

    GOVERNING LAW

    The French laws shall govern all matters arising out of or in relation to these Terms and any transactions hereunder, including the interpretation, construction, performance and enforcement thereof. Notwithstanding the foregoing, either Party may seek injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of such Party’s Intellectual Property Rights, breaches of Confidentiality or to protect its rights during the dispute process. The Parties specifically disclaim the application of the United Nations Convention on “Contracts for the International Sale of Goods”. Each Party to these Terms hereby expressly, voluntarily, knowingly, and irrevocably waives any constitutional or other right each may have to a trial by jury in the event of litigation concerning any claim, demand, action or cause of action arising under these Terms, whether now existing or hereafter arising, and whether sounding in tort or contract or otherwise.


    MISCELLANEOUS

    Third-Party Infrastructure

    Notwithstanding any terms to the contrary in these Terms, you acknowledge and agree that Optimax uses a third party hosting infrastructure in connection with the Services (“Third-Party Infrastructure”), the provider(s) of the Third-Party Infrastructure disclaim and make no representation or warranty with respect to such Third-Party Infrastructure, and Optimax assumes no liability for any claim that may arise with respect to such Third-Party Infrastructure.

    Electronic Communications 

    By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us by submitting a request via mail at adv@eurocodes-tools.com.

    Severability

    If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

    Force Majeure

    Optimax is not responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), acts of terrorism, civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of services provided by any service providers used by Optimax, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.


    QUESTIONS

    If you have any questions regarding the use of the Service, please submit a request at adv@eurocodes-tools.com .