These Terms govern
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Nabla Flow is provided by:
Nabla Flow AS - Løkkeveien 111, 4007 Stavanger, Norway
Owner contact email: lo@nablaflow.io
Nabla Flow AS offers the service of automated flow simulations, delivered via browser and ran on AWS and deployed through cloud/web based platform named NablaCore. NablaCore works as platform for AeroCloud (aerocloud.nablaflow.io) and ArchiWind (archiwind.nablaflow.io)
Ordering Process: The ordering process is the following one: you create your account, you upload the 3D model/s to the APP, you enter the simulation parameters, you choose the type of simulation, you check the project summary and the order options, you choose the payment manner and confirm the order and execute the payment. The order is placed when the payment has been executed. No modification can be made once the payment is executed. By placing your order, you are purchasing a digital wind tunnel test and you accept a binding Service Agreement between the Parties.
Term of delivery: Nabla Flow AS, through NablaCore, will deliver the report and the simulation data within a reasonable time. The benchmark for this reasonable time will be the indicative period of three (3) weeks. The report (in pdf-file) will be downloadable from the webpage. From then on the simulation data will be available on the Site during thirty (30) calendar days. The average time required to analyze the 3D-model depends on the simulation type that you choose (Basic/Pro), the analysis is normally done within 48hours, but this is merely an indication by which Nabla Flow AS is not bound. Also, the timing given by Nabla Flow AS, orally or written, before or during the execution of the Service, is merely an indication by which Nabla Flow AS is not bound, unless stated otherwise. In case the delivery takes longer due to force majeure, a small error, such as a technical one, of Nabla Flow AS or in case that the delivery is only minimally delayed, Nabla Flow AS cannot be held liable. In other situations of delay, Nabla Flow AS’s liability will be maximum the amount Nabla Flow AS received from the client for the project which endures the delay. The actual delivery time is determined by a number of circumstances, for example (but not limited to) the working conditions applicable at the time the agreement is concluded and the size and difficulty of your 3D-model.
Accuracy level and liability: NablaCore provides a service which consists of different types of CFD (computational fluid dynamic) simulations and does not substitute a ‘physical wind tunnel test’, especially in conditions were critical loads have to be estimated.
Data usage and liability: Nabla Flow AS is not responsible for the correctness, accuracy and integrity of the data inserted in the simulation. Nabla Flow is not responsible for the accuracy of the 3D-model used. Nabla Flow AS is not liable for the material-, immaterial damages or damages directly or indirectly in relation to your use or misuse of the Service. Nabla Flow AS will, if held liable, only compensate at a maximum rate of 200% of the price of the simulation that was used and which caused that particular damage. Claims must be made within six (6) months from the time the damage occurred.
"Nabla Flow" refers to
Unless otherwise specified, the terms of use detailed in this section apply generally when using Nabla Flow.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using Nabla Flow, Users confirm to meet the following requirements:
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Nabla Flow.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Users can terminate their account and stop using the Service at any time by doing the following:
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Unless where otherwise specified or clearly recognizable, all content available on Nabla Flow is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on Nabla Flow infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Nabla Flow, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on Nabla Flow, the User may download, copy and/or share some content available through Nabla Flow for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Through Nabla Flow Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Nabla Flow and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of Nabla Flow and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Nabla Flow or the Service, terminating contracts, reporting any misconduct performed through Nabla Flow or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
The software embedded in or related to Nabla Flow is provided under a some-rights-reserved license.
This means that Users are granted broad rights, including but not limited to the rights to use, execute, copy or distribute the software, to the extent determined by such license.
The terms of such license shall always prevail upon conflicting, divergent or inconsistent provisions of these Terms.
In particular, Nabla Flow and/or the software thereto related are provided under a GNU GPLv3 license, allowing Users to access and use the software’s source code.
Some of the Products provided on Nabla Flow, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Nabla Flow.
To purchase Products, the User must register or log into Nabla Flow.
Prices, descriptions or availability of Products are outlined in the respective sections of Nabla Flow and are subject to change without notice.
While Products on Nabla Flow are presented with the greatest accuracy technically possible, representation on Nabla Flow through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
When the User submits an order, the following applies:
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on Nabla Flow are displayed:
The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of Nabla Flow.
Offers and discounts are always granted at the Owner’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Nabla Flow.
All payments are independently processed through third-party services. Therefore, Nabla Flow does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
Unless otherwise stated, digital content purchased on Nabla Flow is delivered via download on the device(s) chosen by Users.
Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.
Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Nabla Flow and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
To learn more about the use of their Personal Data, Users may refer to the privacy policy of Nabla Flow.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Nabla Flow are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Nabla Flow are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of Nabla Flow must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of:
Stavanger, Norway
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Nabla Flow or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 30 days of receiving it.
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.