USER’S USE OF THE PLATFORM CONSTITUTES USER’S ACCEPTANCE OF THESE TERMS OF USE.

These Terms of Use (“Terms of Use”) set out terms with which the user must comply when using the cloud-based platform under the name of Hop In – Home of Open Innovation (“Platform”).

DEFINITIONS

“Data” means any information uploaded by the User to the Platform.
“Efacec” includes any of the companies that are part of Efacec’s Group of Companies.
“User” means a person on its own behalf or an employee or representative of a company or organization who will use the Platform, whether the user is an Efacec employee or representative or any external entity.
“Proposal Challenges” means an invitation by Efacec to solve or help to solve a situation or problem described by Efacec in the Platform.

1. PURPOSE AND GENERAL CONSIDERATIONS

1.1. User access to the Platform on behalf of User’s business or organization. User’s use of the Platform constitutes User’s acceptance of this Terms and Conditions of Use, all policies referenced herein, and all applicable laws, regulations and executive orders.
1.2. User shall comply with, and, if User is an organization, shall cause its employers or representatives to comply with, this Terms of Use. If User violates this Terms of Use or authorize or help others to do so, we, or a third party on our request, may suspend or terminate the User’s use of the Platform-related Services, remove Data that is in breach of this Terms of Use, and/or pursue legal action against the User and/or User’s business or organization.
1.3. The Platform intends to provide User with an opportunity to i) present User’ solution to answer or help to answer Efacec’s Proposal Challenges and also contributions for answering technical problems, unlock business model, address market opportunities, etc. and ii) challenge Efacec to solve or help to solve any technical problems, unlock business model, co-create augmented value proposition offerings, etc. As it is, User may upload this information to the Platform. This information is accessible to all EFACEC employees who have access to the Platform. EFACEC does not guarantee the confidentiality of any Data User upload to the Platform. Therefore, User acknowledges and agrees that (i) User are responsible for all use made of the Platform and any activity occurring using User’s Platform access credentials; and (ii) agree to not upload and to prevent from uploading to the Platform confidential or proprietary data including but not limited to User and third parties’ intellectual property rights (including but not limited to background know-how). User agrees that the use of the Platform does not constitute an offer or acceptance by EFACEC of any kind. Should the Platform include EFACEC´s technical specifications or any other requirements, these are not binding to EFACEC. This Terms of Use does not amend any written agreements between User or User’s business or organization on the one hand, and EFACEC on the other hand.
1.4. Efacec’s employees or representatives are not allowed to answer, directly, to the Challenges submitted by Efacec under the Platform or submit, directly, Challenges to Efacec. As it is, all the provisions in this Terms of Use referring directly to answering the Proposal Challenges and submit Challenges to Efacec are not applicable to Efacec’s employees or representatives that will use the Platform.
1.5. If User become aware of any violation of this Terms of Use, will immediately notify EFACEC and assist EFACEC, as requested, to stop, mitigate or remedy the violation.
1.6. EFACEC does not guarantee that the Platform or any Data posted thereon, will be free from viruses and/or other code that may have contaminating or destructive elements, and is not responsible for any damage caused by viruses or any other source. User acknowledges that there are inherent risks associated with information transmission over the Internet and the technical processes involved in such transmissions. Therefore, EFACEC is not responsible for any breach of security of the Platform or loss of Data for any reason. EFACECs disclaims any and all warranties (including implied warranties) and doesn´t assume any liability for any information and Data provided by the User on the Platform. Further EFACEC disclaim all responsibility for any loss or claim of any kind resulting from, arising out of, or any way related to (i) the unavailability of the Platform, (ii) accuracy of the Platform, content of User’s Data, thereon or any reliance on the information contained in the Platform and/or performance of user’s browser with the Platform, (iii) infringement arising from any source; (iv) loss, removal or use of User’s Data, or (v) for any type of indirect, special, liquidated, punitive, exemplary, collateral, incidental or consequential damages, even if EFACEC has been advised of the possibility thereof.
1.7. User and its business or organization shall indemnify and hold harmless EFACEC, subsidiaries, officers, directors, employees and agents (collectively referred to herein as “Indemnitees ”) from and against claims, costs, damages, losses, lawsuits, liabilities and expenses (including reasonable attorney’s fees) (collectively referred to herein as “Claim”) arising out of or in connection with (I) use of the Platform, the use of User’s Platform access credentials, or User’s data, (II) A claim that User or User’s data infringed any third party or EFACEC’s Intellectual Property right, or caused harm or damages under tort, strict liability or any other legal theory, (III) User’s breach of this Terms of Use, (IV) A violation of applicable law by User, business or organization, (V) User’s negligence, violation of Individual Privacy rights, or (VI) User’s intentional acts or willful misconduct. User shall not settle a claim against indemnitees without the prior written consent of EFACEC’s attorneys.

2. ILLEGAL USE

User shall not use, or encourage, promote, facilitate, or instruct others to use, the Platform for any illegal, harmful, or offensive use. Data must not be illegal, harmful, offensive nor breach any confidentiality obligations that User may have with third parties. In particular, User’s use of the Platform shall not:

1. be in violation of any Laws or third-party rights;
2. be harmful to EFACEC’s operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, Ponzi or pyramid schemes, phishing, pharming, or other deceptive practices;
3. infringe or misappropriate the intellectual property or proprietary rights of EFACEC or others;
   

3. INTELLECTUAL PROPERTY RIGHTS

Notwithstanding anything herein to the contrary, User recognize that other person may have provided EFACEC, or made public, or may in the future submit, or make public, materials that are the same or similar to User’s Data uploaded to the Platform including but not limited to any Product, prototype, solution etc., or that EFACEC may develop, already has developed or will develop the same or similar product or prototype in future. User acknowledges and agrees that EFACEC shall have the right to use such Data or similar information and User shall not be entitled to any compensation arising from EFACEC use of User’s Data. For the avoidance of doubt, EFACEC shall not be granted any license to use any of User’s Solution uploaded to the Platform provided that User demonstrate through documentary evidence that have obtained a patent or similar protection under applicable intellectual property laws. User acknowledges that the Platform is confidential or proprietary to EFACEC, its licensor(s), or service provider(s) and neither are granted to User any right, license, title or interest to the Platform, content thereon, trademark rights, etc. These provisions are without prejudice to any agreement that may be concluded between the Parties.

4. RETENTION

4.1. EFACEC may retain all Data uploaded to the Platform for a period of 2 (two) years after Efacec’s Open Innovation Program stops running. All Data on the Platform may be subject to collection, review or use by EFACEC in legal or compliance matters.

5. CYBER SECURITY

During the Platform use, User shall:

1. before accessing the Platform, during use, and when transferring Data, take all reasonable precautions against security attacks on User’s system, including appropriate measures to prevent viruses or any programs that may damage software or hardware;
2. not interfere with or disrupt the integrity or performance of the Platform or other equipment or networks connected to the Platform, and in particular not transmit any Data containing viruses or any other programs that may damage software or hardware;
3. not use the Platform in a way that could damage, disable, overburden, impair or compromise any of EFACEC’ systems or their security or interfere with other Users of the Platform;
4. not connect devices to the Platform that do not comply with state-of-the-art security policies (e.g., password protection, virus protection updates and patch level);
5. take appropriate measures to prevent unauthorized users from gaining access to the Platform, including not disclosing or sharing their usernames or passwords with any other person and/or entity;

6. COOKIES POLICY

The use of cookies by Efacec Group Website is based on the following Cookies Policy: https://www.efacec.pt/en/cookies-policy/

7. PERSONAL DATA

7.1. “Personal Data” means any information relating to an identified or identifiable natural person (“data subject”). Personal Data collected under and for the purpose of using this Platform by the User will be processed and storage digitally or, whenever necessary, physically. Personal Data are processed herein under the consent given by the User whenever submitting the form available in the Platform.
7.2. Efacec Serviços Corporativos, S.A., with head office at Lugar da Arroteia, 4465-587 Leça do Balio, Portugal (“Efacec”) is the data controller and, in certain cases, joint controller together with any entity of Group Efacec, held by Efacec Power Solutions, SGPS, S.A.
7.3. Personal Data will be solely processed, according to RGPD’s Principles, for the following purposes: assessment and follow up, communication and, in certain cases, publication, in newsletters or other internal and external publications, of ideas and challenges presented by data subjects in Efacec’s Open Innovation Platform.
7.4. Efacec will storage personal data only during the time needed for the purposes identified above, i.e. while Efacec’s Open Innovation Program is running.
7.5. Accordingly with applicable regulation, Efacec ensures to data subjects the exercise of their right of access, right to rectification, data portability or object, right to update or right to erasure their personal data, pursuant to a written request sent to the following email address: privacy@efacec.com.
7.6. Regardless of exercising the mentioned rights, data subjects may always lodge a complaint with the Portuguese supervisory authority, Comissão Nacional de Proteção de Dados.

8. ENFORCEMENT

8.1. EFACEC reserves the right, but does not assume the obligation, to investigate any violation of this Terms of Use or misuse of the Platform in our sole discretion. EFACEC may remove, disable access to, or modify Data that violates this Terms of Use or any other agreement EFACEC has with the User.
8.2. EFACEC may report any activity that we suspect to violate any Law or third parties’ right. EFACEC may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Terms of Use.

9. FINAL PROVISIONS, APPLICABLE LAW AND JURISDICTION

9.1. If any of the provisions of the Terms of Use is declared null, ineffective or void, this will not affect the validity or effectiveness of the remaining clauses, which will remain fully in force.
9.2. The Terms of Use are governed in all aspects by the legislation in force in the Portuguese legal system.
9.3. In order to resolve any disputes, namely regarding the interpretation and application of the Terms of Use, as well as acts performed under them, which are not settled by agreement between the Parties, exclusive jurisdiction is assigned to the Judicial Court of the District of Porto, with express waiver of any other.

Entry into force: 2021/03/01