EU.FFICIENT - TERMS OF USE
Legal Framework
Terms of Use
1. Definitions
Client: The legal entity that contracts the services offered by INNOVAWIN.
Administrator: The individual designated by INNOVAWIN to oversee the management and operation of the platform. The Administrator can customize platform settings (such as platform name, subdomain, appearance, and more), monitor platform activity through analytics, expand the platform's user base by inviting new users, and manage platform engagement.
Expert Facilitator/User: An individual who registers on the EU.FFICIENT platform. Users create accounts on the platform, providing accurate and truthful information as part of the registration process. They can participate in various activities such as posting questions, sharing co-creation formats, engaging in thematic events, and taking training programs to improve their skills. Users can also choose to act as Mentees or Mentors, contributing to the platform’s collaborative learning environment.
Community of Expert Facilitators (CEF): A sub-community within the platform, focused on one of the four pilot areas: Advanced Manufacturing, Mobility, HealthTech, or AI/Digital. Each CEF serves as a hub for knowledge exchange, networking, and co-creation activities specific to its area of expertise.
Personalized Feed: a central place where users can view all content uploaded to the platform, including the various types of posts shared across the community. The feed can be filtered by selected areas of interest, CEFs as well.
License of Use: The non-exclusive, non-transferable right granted to Users, allowing them to access and use the EU.FFICIENT platform according to the terms specified in the legal framework and the project’s grant agreement.
Software: means the Open Source Social Network (OSSN) software version including all source code, associated documentation, updates and modifications authorised under the OSSN licence. This term includes all original components of the Software, its integrated libraries and associated resources including any modifications made by Licensee.
2. User License
Under EU Grant Agreement No 101135297, the EU.FFICIENT Consortium, including the Administration, and Users, are granted a non-exclusive, non-transferable user license for Software as a Service (SaaS) solution based on the Open
Source Social Network Software (OSSN) customized by INNOVAWIN. This license is limited to the duration and functionality specified within the service contract and is subject to the following conditions:
Scope of License:
- The license allows Users and the Administration to access and utilize the EU.FFICIENT platform solely via the Internet. Offline use of the software is not permitted.
- This license is granted strictly for the duration of the EU.FFICIENT project and for purposes aligned with the project's objectives. The software may include user control systems that limit usage according to these defined purposes.
- The license does not grant ownership of the software or any associated intellectual property rights, which remain with INNOVAWIN or its licensors.
User Rights and Obligations:
- Users are obligated to use the platform in a manner that complies with all applicable terms, ensuring that their actions do not violate the rights of others, disrupt the platform, or contravene the rules set forth by INNOVAWIN.
- The license does not allow Users to alter, modify, adapt, or translate the software. Decompiling, reverse engineering, disassembling, or otherwise attempting to derive the source code is strictly prohibited unless expressly authorized in writing by INNOVAWIN.
Consortium Responsibilities:
- The EU.FFICIENT Consortium may create and maintain backup copies of the data entered into the software for backup and archival purposes, following industry standard information security practices. These backup copies shall be properly secured and managed by designated data controllers within the Consortium according to established security protocols. The Consortium shall not make these copies available to third parties through any means, except when required by law or necessary for the fulfillment of EU.FFICIENT project objectives as established in the grant agreement. All copies shall maintain any applicable copyright notices related to the software.
Restrictions:
- Users and other members of the EU.FFICIENT Consortium may not sell, rent, lease, or sublicense the software or any associated services.
- The software and license granted under this agreement cannot be transferred to third parties or used for any commercial purposes outside the scope of the EU.FFICIENT project.
- Users must maintain the confidentiality of their login credentials and are responsible for any activities conducted under their account.
Termination:
- The User License is temporary and will automatically terminate upon the completion of the EU.FFICIENT project or if the User violates the terms of use outlined herein.
- Upon termination of the license, Users must immediately cease using the software and delete any copies or data obtained under this license, except for the single backup copy retained by the Consortium for archival purposes.User Obligations and Acceptable Use
Compliance with Laws and Policies:
- Users must comply with all applicable laws and regulations, as well as the platform’s terms of use, privacy policy, and any other guidelines provided by INNOVAWIN or the EU.FFICIENT Consortium.
- Users must respect the intellectual property rights of others and ensure that all content they upload, share, or use on the platform does not infringe on the rights of third parties.
Respectful Conduct:
- Users are expected to engage in respectful and constructive communication. Any form of harassment, discrimination, or inappropriate behavior is strictly prohibited.
- Users must refrain from posting or sharing content that is offensive, defamatory, or otherwise harmful to individuals or groups.
Security and Confidentiality:
- Users are responsible for maintaining the confidentiality of their account credentials and must take appropriate measures to secure their accounts from unauthorized access.
- Users must immediately notify INNOVAWIN of any security breaches or unauthorized use of their account.
Prohibited Activities:
- Users may not use the platform for any illegal or unauthorized purpose, including but not limited to the distribution of malware, phishing, or other harmful activities.
- Users are prohibited from attempting to gain unauthorized access to any part of the platform, including restricted areas or other users' accounts.
- Users may not use automated systems, such as bots, to interact with the platform in ways that could disrupt services or violate the platform's rules.
Content Responsibility:
- Users are solely responsible for the content they post, share, or otherwise make available on the platform. INNOVAWIN reserves the right to remove any content that violates these terms or is deemed inappropriate.
- Users must ensure that all information they provide on the platform is accurate, up-to-date, and truthful.
If users fail to comply with these laws and policies, INNOVAWIN reserves the right to take appropriate action, including suspending or banning users from the platform. Users who engage in prohibited activities, fail to act respectfully, or violate any terms of use may be removed from the platform to maintain a safe and productive environment for all participants.
Users agree not to perform actions intended to circumvent the technical limitations of the platform, decompile or modify any part of the software, or extract components for independent use. Users shall not attempt to access parts of the system that are not publicly exposed through the normal user interface, nor shall they perform penetration testing, vulnerability scanning or any activity that may compromise the security or stability of the platform without the explicit written consent of INNOVAWIN.
3. User Journey and Compliance
The User Journey was prepared by WP2 and is fully detailed in Deliverable D2.3. It outlines all necessary user interactions and compliance requirements, ensuring that the EU.FFICIENT platform meets legal and regulatory standards while providing a secure and efficient user experience. Below, we present a summary of each key stage of the User Journey and its interactions governed by legal obligations.
Registration
The User’s journey begins with the registration process, where they must provide accurate personal information, such as their name, email, and pronouns. Users are required to agree to the platform’s privacy policy, terms of use, and the terms of use. This agreement constitutes a binding contract between the User and INNOVAWIN, ensuring that the User understands and accepts the responsibilities associated with using the platform.
Posting
Once registered, Users gain the ability to post content on the platform. This includes sharing questions, co-creation formats, and other relevant contributions within their selected Community of Expert Facilitators (CEF). All posts must adhere to the platform’s terms of use, and Users are legally responsible for ensuring that their content does not infringe on the rights of others or violate any applicable laws.
The platform incorporates control mechanisms to monitor content for compliance, and INNOVAWIN reserves the right to remove any content that breaches the terms of service.
Learning
Users can participate in learning activities through the Teachfloor platform which is linked to EU.FFICIENT platform through the page that lists some of the courses provided by UIIN.
Resources
The platform provides access to a variety of resources, such as guidelines, best practices, and case studies. Users are permitted to access and use these resources within the scope of their license. Any attempt to misuse or distribute these materials beyond the allowed usage could result in legal action, including termination of access rights.
Networking
Networking is a key component of the EU.FFICIENT platform, allowing Users to connect with other users within the platform. Users are expected to engage in networking activities respectfully and in accordance with the platform’s rules. Violations, such as harassment or unauthorized commercial activities, are strictly prohibited.
Messaging
The messaging feature allows Users to communicate directly with one another. Users must use this feature responsibly, ensuring that all communications are respectful and do not violate the privacy or rights of others. INNOVAWIN monitors messaging activities to ensure compliance with these requirements.
Hotline Support
The platform offers hotline support via a dedicated email address for Users experiencing technical issues. This support service is managed by INNOVAWIN. Users must provide accurate information when seeking support and comply with all instructions provided by support staff. Misuse of support services, such as providing false information or abusing support personnel, is prohibited.
Profile
Users are required to maintain an accurate and up-to-date profile on the platform. This includes providing truthful information about their expertise, professional background, and other relevant details.
Events
The platform allows Users to post information about events such as webinars, workshops, and face-to-face meetings. Users posting events must ensure that all event-related activities comply with the platform’s terms of use and any applicable legal standards.
4. Administration
The Administration section of the EU·FFICIENT platform grants the administrator rights to manage users, settings, and platform operations. Some of the administrator’s capabilities include deleting posts, reporting users, and making basic design adjustments.
While administrators support legal compliance (e.g. GDPR, Terms of Use), users are equally responsible for ensuring their own actions follow platform rules and regulations. Legal compliance is a shared duty.
Administrators are also permitted to share basic user data (e.g. email addresses) with consortium members for project-related communication and promotional purposes, in line with the platform’s privacy policy and GDPR.
5. Branding and the Clients’ Brands
Innovawin will adapt and apply the design of Software as a Service (SaaS) solution based on the Open Source Social Network Software (OSSN) and incorporate the Client's brand and/or logo into the platform. The Client declares to INNOVAWIN and third parties that they have the necessary rights to provide their brand and/or logo for use in OSSN. To allow Innovawin to display their brand and/or logo in OSSN, the Client grants a non-exclusive license of the graphic representation of the brand, with worldwide territorial scope and unlimited duration, free of royalties and payments, to graphically represent their trademark in OSSN, without prejudice to the intellectual property rights that apply to the EU.FFICIENT.
Innovawin will also configure a custom URL address where costumized OSSplatform will be hoested. 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 non-exclusive brand license with worldwide territorial scope and unlimited duration, free of royalties and payments, without prejudice to the industrial property rights corresponding to the Client.
6. Technical Support
INNOVAWIN provides specialized email-based technical support to address any issues, doubts, or technical problems that may arise while using the EU.FFICIENT platform. This support is organized to ensure efficient and targeted assistance for both the Administration and Users.
For general technical issues, there is a dedicated email address managed by INNOVAWIN. Users can report technical difficulties encountered on the platform through this channel, and INNOVAWIN will ensure that all queries are handled promptly and effectively. This approach allows for clear and direct communication, ensuring that technical concerns are resolved in a timely manner.
In addition to the general support, each Community of Expert Facilitators (CEF) has specific email addresses that can be used to address questions or issues related to that particular CEF. These targeted email addresses enable Users to communicate directly with the relevant support teams, ensuring that concerns are directed to the appropriate contacts.
7. Liability
INNOVAWIN will maintain reasonable efforts to keep the platform updated and functioning properly. However, INNOVAWIN does not guarantee that the information posted by users is accurate or complete. Users are responsible for verifying the accuracy and completeness of information before making any decision related to content on the platform. .
While INNOVAWIN implements reasonable security measures to protect the platform from viruses, malware, and other harmful computer elements, INNOVAWIN cannot guarantee complete protection. Users and Administrators are advised to employ appropriate security tools on their own devices. INNOVAWIN will promptly address any security vulnerabilities within the platform once they become known .
INNOVAWIN's liability for damages is limited to those directly resulting from intentional misconduct or gross negligence on INNOVAWIN's part. INNOVAWIN shall not be liable for:
1. Incidental or consequential damages;
2. Damages resulting from telecommunications network failures outside INNOVAWIN's control;
3. Damages resulting from force majeure events;
4. Damages arising from improper use of the platform not in accordance with these Terms.
Users and Administrators who breach any obligations under these Terms of Use may be held liable for resulting damages, including reasonable expenses incurred by INNOVAWIN in addressing such breaches. INNOVAWIN reserves the right to suspend or terminate access to users who repeatedly or seriously violate these Terms. In case of termination of the platform or services, INNOVAWIN will provide reasonable notice to users and facilitate the export of user data where technically feasible.
The EU.FFICIENT platform includes open source software components licensed by third parties, which are integrated in accordance with the terms of their respective licenses. INNOVAWIN uses such components following good practices and respecting the conditions established by the rights holders. Although INNOVAWIN cannot provide additional warranties on these components beyond what is provided for in the respective licenses, it undertakes to keep them up to date as far as possible and to implement reasonable measures to mitigate known security risks.
Users agree to use them diligently and in accordance with the applicable terms of use. In the event of claims arising from improper use or use beyond the scope of the licenses, users shall be liable for any damages that may arise and shall hold INNOVAWIN harmless in connection with such claims.
Some of the elements of the EU.FFICIENT platform are based on open source software provided under specific licenses by third parties. These components are provided “as is”, without additional warranties, and their operation may depend on factors beyond INNOVAWIN's control. Nevertheless, INNOVAWIN takes reasonable steps to ensure their secure integration, such as applying security patches and monitoring for known vulnerabilities. Users acknowledge that the use of open source software may involve certain inherent risks, and accept such risks when using the platform.
