Terms of use

1 Definitions

The nv-calc system (hereinafter also: program or application):
an IT tool for the design of natural, mechanical and hybrid ventilation (natural and mechanical) in industrial hall-type facilities with significant heat gains emitted inside them. These include, for example, glass and metal smelters, power blocks, waste incinerators, etc.

Subscription:
The right to use the nv-calc system for the Subscription Period, i.e. for a fixed period of time.

Subscriber:
An individual or legal entity acquiring the right to use the nv-calc system by registering in the system, after fulfilling the conditions specified in these regulations.

Subscription Period:
A period of three (3) months beginning on the day following the posting of the subscription fee on the account of the owner of the rights to the nv-calc program , and ending on the day with the posting day number in the third consecutive month.

Account in the nv-calcsystem :
– a set of identification data provided by the Subscriber at registration,
– a set of data identifying the project performed by the nv-calc User,
– a set of technical information that makes it possible to perform calculations with nv-calc,
– a set of calculation results in the form of reports from these calculations

Service
Providing the Subscriber with access to the algorithms, functionality and content contained in the nv-calc program in order to independently perform ventilation design calculations.

Agreement:
All information governing the Subscriber’s relationship with VentosystemBK.

License:
Authorization by the owner of the rights to the nv-calc program for the Subscriber/User to perform calculations in this program on the basis of a valid Subscription. The types of licenses are specified in the Price List.

Price List:
A document that specifies the subscription fees and entitlements for each type of license.

User:
An individual performing calculations using the nv-calc program in the ventilation design process.

Natural ventilation:
A method of air exchange in a building whose driving force is the difference in density of cold air (fresh, outside the building) and warm air (located inside the building).

Hybrid ventilation:
A method of air exchange in a building that builds on the advantages of natural ventilation and mechanical ventilation. It features elements that use pressure differences as well as electricity. The term can refer to a single ventilation device, as well as to many natural ventilation and mechanical ventilation devices operating in one ventilation area, n.e.g. one industrial hall.

2 Subject of the service provided

2.1 VENTOSYSTEM Bohdan Kontrymowicz
(hereinafter: “VentosystemBK”, “we”, “our”, “us”, etc.) offers a Service that allows Subscribers to access the calculation algorithms contained in the nv-calc system and other content provided as part of the Service, and to perform calculations on their own on a compatible device with Internet access.

2.2 The creation of an account in the nv-calc system constitutes the conclusion of a legally binding agreement with VENTOSYSTEM Bohdan Kontrymowicz. Please read these Terms of Use carefully before using the system. It is important because it regulates the relationship between the Subscriber and VENTOSYSTEM Bohdan Kontrymowicz, thus affecting the rights and obligations of the Subscriber.

2.3 To access our Service, you must have an active Account in the nv-calc system. When opening an Account, the Subscriber must accept these Terms of Use. In addition, you are required to purchase a specific type of License for a specific period of time in order to use the Service. Most licenses are subject to additional terms and conditions applicable to the specific license (License Terms in the price list), which the User accepts when creating an Account. Information on the types of licenses offered can be found on the website (hereinafter also: website) www.naturvents.com.

2.4 Calculations performed with the nv-calc system may be an essential part of ventilation designs and energy audits performed for thermally intensive buildings, in particular those listed in the definition of the nv-calc system.

2.5 In addition to these Terms of Use, the Subscriber’s contract with VentosystemBK is also governed by: (i) the information provided at the time of purchase, and (ii) the License Terms and Conditions adopted by the Subscriber/User with respect to a specific license.

2.6 The applicable version of the Terms of Use, License Terms and other detailed information can be found at www.naturvents.com.

3 Entitlement to have an account

3.1 Persons who are entitled to enter into an Agreement with VentosystemBK, create an account and/or register are those who:

• have provided correct personal information in accordance with our requirements,

• have indicated the correct payment method,

• agree to abide by the provisions of the Agreement.
  

4 Service
4.1 The Service is provided in the form of a program available through the website www.naturvents.com and does not require installing additional applications on your own device.

4.2 VentosystemBK provides a Digital Subscription Service for performing natural, mechanical and hybrid ventilation calculations using a compatible device with Internet access. The Service is accessed through the nv-calc web application. It can be used for commercial purposes, the legal disclaimers indicated further on apply.

4.3 All formulas in this program have been used under the assumption that the facility is temperature stable, i.e., the sum of heat gains in the room is equal to the sum of heat fluxes discharged by ventilation with the possibility of including gains by insolation and heat loss by penetration.
The program does not exempt the user from having and applying engineering knowledge and understanding of the physical phenomena occurring in building ventilation. The results of the program’s calculations will always be appropriate to the criteria adopted and the input data entered, which is the sole responsibility of the user.

4.4 As part of the Service provided, the User may use the “Submit for Check” functionality. The effect is to send the User’s calculations to the local administrator, who is also a consultant on substantive and formal matters.

5 Exclusion of legal liability

5.1We cannot be responsible for the assumptions and design data adopted by the User. All data, information and theoretical basis of calculations used in our program, have been carefully analyzed and checked by VentosystemBK. Nevertheless, possible errors cannot be completely excluded. Despite careful checking, we cannot be held responsible for the correctness, completeness and validity of the calculation results formed on the basis of input data not authorized by us.

5.2 In particular, VentosystemBK is not liable for any damages or consequences that arise from the direct or indirect use of calculations not authorized by us. VentosystemBK is also not responsible for the uncritical application of results for applications that have not yet been tested. Please send comments and postulated corrections to .

6 Types of licenses

6.1 VentosystemBK offers various types of licenses. Information on the types of licenses currently offered by VentosystemBK can be found at www.naturvents.com under the Pricing tab.

6.2 The Service provided depends on the type of license purchased.

6.3 VentosystemBK reserves the right, at its sole discretion, to remove existing license types and to make changes to their features and functionality. Changes in license types may be due to various factors, such as: improvement of the Service / management of the Service, compliance with the requirements of the rights holder or legal or technical requirements.

7 Free “trial” use and other promotions

7.1 Use of the Service may begin with a free “Trial License”, which a given User may use only once in order to familiarize himself with the program and evaluate its suitability for his own purposes.

7.2 The “Trial License” has a limited calculation limit and limited functionality, as described in the Price List on the website www.naturvents.com in the License Terms. VentosystemBK reserves the right to cancel the trial license if, at its sole discretion, it concludes that the User is violating the terms of such license.

7.3 For paid licenses with full functionality, special promotions and discounts are possible, as determined by VentosystemBK in its sole discretion. VentosystemBK may restrict such entitlements at any time in order to prevent abuse of a particular promotion or special discount.

8 Pricing and Payment

8.1 All types of paid licenses are licenses for a limited period of time covering three (3) months of the Subscription Period.

8.2 In order to maintain continuity of access to the Service, the next license fee shall be transferred in advance so that it is credited to the bank account no later than on the last day of the current license period.

8.3 The remittance of the license fee at an earlier date or, in particular, the remittance of a multiple of one license fee shall not reduce the time of use. The time of access to the Service shall be appropriate to the full paid Subscription Periods.

8.4 The remittance of a fee lower than the fee for a full Subscription Period shall not entitle you to use the Service at all.

9 Intellectual Property Rights

9.1 The Service and the Content are copyrighted property of us or our licensors. All trademarks, service marks, trade names, trade dress, domain names, patents, inventions, trade secrets, copyrights, database rights, and other intellectual or industrial property rights (including know-how) in the Service or Content are owned by us or our licensors, or any affiliates of us or our licensors. No part of the Service or Content may be used other than in connection with the Service offered to the Subscriber/User to the extent expressly permitted under the Agreement.

9.2 We do not transfer any rights (including intellectual property rights) or title to the Service or any part thereof to Subscriber/User. Nor do we transfer to the Subscriber/User any right or title to the Content or any part thereof.

10. content and software license

10.1 The program is intended for designers to calculate ventilation of industrial halls, including buildings with high heat gain. You can attach the calculation report to your own projects, but only in its entirety, without any changes or cuts, especially those hiding the origin of the program.

10.2 The nv-calc program login data cannot be shared with third parties (unregistered) without the knowledge and consent of the owner.

11 Duration and termination of the Agreement

11.1 The Term of the Agreement shall commence with the first registration, in particular with a free “Trial License”.

11.2 After the end of the License Period, the Agreement continues in force, only that without access to the Service. Payment of a renewed license fee at any time shall result in the resumption of access to the Service without re-registration.

11.3 The Subscriber, once registered in the nv-calc system, shall remain in the system until

• the Subscriber’s expression of a request to remove his/her data from the system,

• deletion of the Subscriber’s data by the administrator, due to inactivity for a period of time deemed long enough in the administrator’s opinion. Removal of the Subscriber’s data from the system shall be tantamount to termination of the Agreement.

11.4 Termination of the Agreement shall not relieve the Subscriber/User from complying with the provisions of these Terms and Conditions with respect to the results of use of the nv-calc system obtained during the term of the Agreement.

12 Rights and obligations of VentosystemBK

12.1 VentosystemBK may occasionally contact the User. All communications between VentosystemBK and the User shall be in accordance with the provisions of the applicable privacy policy for nv-calc.

12.2 We strive to make the Service available 24 hours a day, seven (7) days a week. However, VentosystemBK does not guarantee that the Service will always be free of errors or interruptions, as can happen with this type of Internet application. In the event of any faults or disruptions affecting the Service, VentosystemBK must be able to correct them without violating the Agreement. VentosystemBK also has the right, in justified cases, to shut down the Service, for example, due to the need for modernization and maintenance work.

12.3 VentosystemBK may, at its sole discretion, make changes to the License Terms. If VentosystemBK introduces material changes to the License Terms that negatively affect the Service, the Subscriber will be informed accordingly, e.g. by e-mail, text message, or by notification in the Service. VentosystemBK shall provide this information at least three (3) months prior to the implementation of the changes to allow the Subscriber to possibly terminate the Agreement before the modifications are implemented. Continued use of the Service implies acceptance of the changes. Therefore, it is important to carefully read any notices or messages we provide. If the Subscriber decides to terminate the Agreement due to said updates or changes, he/she may do so by following Section 11.3 of these Terms and Conditions.

13 Your Rights and Responsibilities

13.1 The Subscriber is responsible for maintaining exclusive control over his/her Account and preventing unauthorized access to the Service. The Subscriber/User also agrees to comply with all password security requirements. He/she shall not disclose to anyone his/her password or other personalized data related to his/her User Account for as long as the Agreement is in force subject to para. 11.4 of these Terms and Conditions.

13.2 It is the Subscriber/User’s responsibility to inform VentosystemBK of any changes in the Subscriber/User’s data provided during registration. This refers in particular to the e-mail address or telephone number on which the user created an account.

13.3 The Subscriber/User may not assign his/her rights and obligations under the Agreement, unless he/she has obtained the appropriate consent of VentosystemBK in writing.

13.4 The Subscriber/User may not use the Service in a manner that causes or is likely to cause interruption, damage or impairment to the Service. Nor may the Service or the User’s device be used for illegal or fraudulent purposes.

14 Provision of the Service

14.1 Pursuant to the provisions of the Agreement, the Service shall be provided to the Subscriber by VENTOSYSTEM Bohdan Kontrymowicz, NIP 5251437300, Regon 140112667, Adam Mickiewicza Street, No. 63, 01-625 Warsaw,

15. contact information

15.1 Delivery address: at the place of service (Item 14.1.).

15.2 E-mail address:

16 Governing Law and Dispute Resolution

16.1 This Agreement shall be governed by and construed in accordance with the laws of Poland.

16.2 In the event of the Subscriber/User’s dissatisfaction with the Service, the content available therein or the provisions of the Agreement, the Subscriber/User’s sole and exclusive remedy shall be to discontinue use of the Service. VentosystemBK shall not be liable for any indirect damages, and Subscriber agrees that any liability to VentosystemBK shall be limited in each case to the amount paid to VentosystemBK by Subscriber during the twelve months preceding the claim. VentosystemBK shall not be liable for disruption of Internet access.

16.3 In the event of a dispute between the Subscriber/User and VentosystemBK that cannot be resolved between the parties, the dispute shall be subject to the decision of the Permanent Court of Arbitration at the Mazovian Regional Inspector of Commercial Inspection in Warsaw, 3 Sienkiewicza St., 00-015 Warsaw. In other cases, the dispute shall be resolved by the Polish common court.