EcoDesigner Terms of Use

You want to use EcoDesigner, which means: the online software tool for the calculation of the environmental impact of Fusion drawings, branded as ‘EcoDesigner’. These EcoDesigner Terms of Use govern your right, and (if applicable) the right of the entity that you represent, to use EcoDesigner.

EcoDesigner is owned and operated by PRé Sustainability B.V., a limited liability company, registered at the Dutch Commercial Registry under number 32099599 (‘PRé’). EcoDesigner is offered by PRé to users of Autodesk software, selected by Autodesk.

If you use EcoDesigner in your capacity as an employee or contractor of a company or organisation, you accept the applicability of these EcoDesigner Terms of Use also on behalf of that company or organisation (and your acceptance binds both you and that company or organisation). In that case, “you” and “your”, in these EcoDesigner Terms of Use pertains both to you and your employer or client.

By accessing or using EcoDesigner or by clicking the ‘I agree’ button when you first login to EcoDesigner, you acknowledge and warrant:

(1) that you have read and understand these EcoDesigner Terms of Use, and

(2) that you are bound by or (if you use EcoDesigner in your capacity as an employee or contractor of a company or organisation) your employer or client is bound by these EcoDesigner Terms of Use, and

(3) that, where you accept these EcoDesigner Terms of Use on behalf of your employer or client you have the power and authority to bind your employer or client.

If either (1), (2) or (3) do not apply, you may not access or use EcoDesigner.

1. Introduction and User Account

You shall use EcoDesigner in accordance with the documentation in EcoDesigner and within the limitations that apply to your use. The use of EcoDesigner is permitted only if you use your personal EcoDesigner user account (‘User Account’) and if you have entered all requested information in your User Account correctly and completely. You shall keep all such data complete, correct and up-to-date.

2. Term

Without prejudice to any provision in these EcoDesigner Terms of Use, your right to use EcoDesigner shall terminate (i) if your right to use Autodesk terminates or (ii) (if you use EcoDesigner in your capacity as an employee or contractor of a company or organization) if you are no longer authorized, by your employer or client, to use Autodesk, or (iii) if PRé discontinues the provision of EcoDesigner or terminates or restricts your access to EcoDesigner. PRé reserves the right to discontinue the provision of EcoDesigner or terminate or restrict your access at any time, without notice, for any reason, without incurring any liability.

3. Your obligations and responsibilities

As a user of EcoDesigner, you shall comply with the following requirements and prohibitions:

(a) you shall use EcoDesigner for your or (if you use EcoDesigner in your capacity as an employee or contractor of a company or organisation) your employer’s or client’s business purposes only;

(b) you shall use EcoDesigner only in accordance with the documentation in EcoDesigner, the applicable laws and regulations;

(d) you shall keep the login credentials to your User Account strictly confidential;

(e) you shall not circumvent organizational and technical security measures that apply to EcoDesigner;

(f) you shall notify PRé immediately in case of (i) any unauthorized access to or use of EcoDesigner, or (ii) an event that compromises the security of EcoDesigner and that has an adverse impact on the availability, authenticity, integrity or confidentiality of the data processed within EcoDesigner or (iii) another event causing unavailability of or irregularity in EcoDesigner;

(g) you shall, if any of the events referred to under (f) occurs, immediately change the password of your User Account;

(h) you shall not exceed the usage limitations that apply to the use of EcoDesigner;

(i) you shall not install on EcoDesigner or transmit to EcoDesigner: any malware (including but not limited to viruses, worms, time bombs, Trojan horses and other intentionally harmful or malicious code, files, scripts, agents or programs);

(j) you shall not enter in EcoDesigner or send to EcoDesigner: any data you know or could have know you are not fully authorized to enter or send;

(k) you shall not use EcoDesigner to infringe on the rights of PRé or other parties or persons, including intellectual property rights, such infringement to include (without limitation) modification, translation, adaptation, reverse engineering, decompiling, disassembling of or interference with EcoDesigner or creation of any derivative works of EcoDesigner or attempts to derive the source code of EcoDesigner;

(l) you shall not disrupt the integrity or performance of EcoDesigner;

(m) you shall not remove any copyright, proprietary notice, trademark or trade name from any component of EcoDesigner and you shall attach no (additional) trademarks, service marks or trade names to EcoDesigner;

(n) you shall not copy or mirror EcoDesigner, or any features, functions, graphics thereof;

(o) you shall not access or use EcoDesigner for any benchmarking or competitive purposes;

(p) you shall not exploit or distribute EcoDesigner (whether based on rent, loan, lease, sale, sublicense or otherwise).

5. Consequences of violation

Any action undertaken in EcoDesigner after a login with your User Account will be deemed to be undertaken by you unless and until: (i) you have notified PRé that your password or other credentials’ confidentiality has been compromised through circumstances beyond your control and (ii) you can prove that your password or other credentials’ confidentiality have actually been compromised through circumstances beyond your control. If you violate any of the requirements and prohibitions in section 4 or otherwise act in contradiction with these EcoDesigner Terms of Use, PRé may, without your prior permission, take any measure it deems appropriate, including the suspension or termination of your use of EcoDesigner and the deletion of data associated with your User Account. If you violate the law, PRé reserves the right to report such violation to the competent authorities.

6. Intellectual Property

PRé and/or its licensors own all intellectual property rights (including but not limited to copyrights, data base rights and trade secrets) and other rights in (any components or versions of or modifications to) (i) EcoDesigner and the documentation in EcoDesigner and in all related works and materials thereto such as designs, specifications and interfaces.

7. Licenses

Any right, granted to you to use EcoDesigner, documentation in EcoDesigner and in any related works and materials is non-exclusive, temporary, non-transferable, non-assignable and non-sublicensable. You waive any intellectual property rights or moral rights in any reports, feedback, proposals or suggestions regarding EcoDesigner that you provide to PRé and accept that PRé may use such information for the improvement of its products and/or services, including, without limitation EcoDesigner.

8. Data

You or, if you use EcoDesigner in your capacity as employee or contractor of a company or an organisation, own all rights, title and interest in and to the data entered in or transmitted to EcoDesigner or processed in EcoDesigner. By using EcoDesigner, you grant PRé a non-exclusive, temporary, non-transferable license to use such data, including your personal data, for the purpose of providing EcoDesigner.

9. Monitoring

Notwithstanding any provision in these EcoDesigner Terms of Use, PRé reserves the right to monitor, access, and review any data, content, or activity within EcoDesigner to ensure compliance with these EcoDesigner Terms of Use, maintain the security and integrity of EcoDesigner, prevent unauthorized access or use, and improve the quality and functionality of EcoDesigner. This monitoring may include, but is not limited to user activity monitoring, content monitoring. You agree to such monitoring activities, and acknowledge that PRé may use automated tools or manual processes to carry out monitoring, in accordance with PRé’s Privacy Statement and applicable laws and regulations.

10. Personal data processing

PRé processes your personal data in accordance with PRé’s Privacy Statement, available at https://simapro.com/privacy/. By accepting these EcoDesigner Terms of Use, you accept our processing in accordance with PRé’s Privacy Statement, more specifically the personal data transfers described under section 5 of PRé’s Privacy Statement.

11. Security

PRé has taken organizational, physical, and technical security measures for protection of the availability, confidentiality and integrity of the data stored in EcoDesigner, including your personal data. Information on these measures is available in the documentation in EcoDesigner or will, at your request, be provided to you by PRé. PRé does not warrant that these security measures will always be effective or meet any specific requirements. If you believe that the security of any data processed within EcoDesigner, including your personal data is threatened, or any data processed within EcoDesigner, including your personal data, are compromised, you shall immediately report the threat or compromise to PRé.

12. Disclaimer

PRé provides EcoDesigner and data included in EcoDesigner or generated through the use of EcoDesigner to you “as is” and “as available”, without warranties of any kind, whether express or implied. In particular, PRé does not warrant to you that (i) EcoDesigner is fit for any particular use or purpose, (ii) EcoDesigner will always operate without interruptions or malfunctions and free of any malware, (iii) EcoDesigner will always be non-infringing, or that (iv) the information generated using EcoDesigner is accurate, complete, or reliable. You are solely responsible for any decisions or actions taken based on information generated using EcoDesigner.

13. Third-party data and websites

PRé uses third-party datasets to generate results in EcoDesigner, as set forth in the Methodology Documentation, available at https://simapro.com/wp-content/uploads/2024/10/EcoDesigner-product-details.pdf. Third party (license) conditions may apply to your use of such datasets, as presented to you when accessing the datasets or available on the website of the respective third parties. By accessing or using EcoDesigner or by clicking the ‘I agree’ button when you first login to EcoDesigner you unconditionally accept such third party conditions. EcoDesigner may contain links to third-party websites or content that are not owned or controlled by PRé. PRé is not responsible for any such websites or contents. The inclusion of any third-party links does not imply endorsement by PRé.

14. Maintenance

PRé may perform maintenance on (any components of) EcoDesigner, and the underlying infrastructure from time to time, to prevent defects or vulnerabilities, to improve functionality or otherwise. PRé does not warrant that any specific functionality or feature will still be available after implementation of a change or successive version. PRé may, at any time and without being obliged to obtain your prior permission or notify you, modify, suspend, or discontinue EcoDesigner or interrupt your use of EcoDesigner to perform maintenance. PRé shall not be liable for the consequences of such interruptions or for not notifying you.

15. No support

PRé does not provide support to users of EcoDesigner. Nevertheless, if you experience any irregularities in or interruptions to the provision of EcoDesigner, you can contact PRé at the email address provided under section 23. You are obliged to contact PRé if circumstances set forth under section 3 (f) have arisen. Following your notification PRé may, at its sole discretion, take measures to remedy the irregularities or interruptions but does not warrant that your requests will be answered or that irregularities or interruptions will be remedied and reserves the right to deny a request.

16. Limitation of liability

To the maximum extent permitted by the applicable law, PRé shall, regardless of the legal ground of the claim, not be liable to you for any damages, whether direct or indirect, incidental or consequential, arising from the use of EcoDesigner, including but not limited to any loss of profits or revenue, loss of data, third party damages and governmental fines, regardless of whether such damages were foreseeable and of whether you have been advised of the possibility of such damages. If, despite this limitation, PRé’s liability is established by a competent court or authority under the applicable law, PRé’s liability will be limited to a maximum amount of EUR 500.00.

17. Indemnification

You agree to indemnify PRé and hold PRé harmless from any claims, damages, losses, or liabilities resulting from your use of EcoDesigner.

18. Severability

If any provision of these EcoDesigner Terms of Use is held by a court of competent jurisdiction to be invalid, the provision shall be modified and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these EcoDesigner Terms of Use shall remain in full force and effect.

19. Commercial conditions

PRé shall be entitled to amend the conditions under which it offers the use of EcoDesigner at any time. If your use of EcoDesigner is free-of-charge, PRé reserves the right to charge a fee for the use of EcoDesigner or for the use of an extended version of EcoDesigner. If you use a paid version of EcoDesigner, PRé reserves the right to increase the fee.

20. Amendments

PRé shall also be entitled to amend these EcoDesigner Terms of Use from time to time. In the event of such amendment, the amended version of the EcoDesigner Terms of Use shall be effective upon the publication of that version in EcoDesigner. Continued use of EcoDesigner after such publication constitutes acceptance of the new version. If you do not accept the amended version of the EcoDesigner Terms of Use, you may no longer access or use EcoDesigner.

21. Choice of law and competent court

These EcoDesigner Terms of Use are construed under and shall be exclusively governed by and interpreted in accordance with Dutch law, without regards to its choice of laws principles. All disputes arising in connection with these EcoDesigner Terms of Use shall be settled by the competent court in Utrecht, the Netherlands.

22. Headings

The headings of sections and paragraphs in these EcoDesigner Terms of Use are included solely for convenience of reference and shall not control the meaning or interpretation of any of the provisions of these EcoDesigner Terms of Use.

23. Contact Information

For questions about these EcoDesigner Terms of Use or requests or concerns about the use of EcoDesigner, please contact us at support@eco-designer.net.

Version 2024-1