Aimsun Legal Notice

1. GENERAL INFORMATION

1.1. Website owner

Behind this website with domain www.aimsun.com (previously www.tss-bcn.com), hereinafter referred to as the Website or the Platform, is the company Aimsun SL (Aimsun).

Contact and administrative details are the following:
Aimsun SL
VAT Registration number: ES B-61504775
Address: Ronda Universitat, 22 B, 08007, Barcelona, Spain
E-mail: info@aimsun.com
Phone number: +34 933 171 693
Registration details: Inscribed in the Mercantile Registry of Barcelona, T. 36500, F. 96, H. B 169046, Inscription 22º.

As this corporate website applies to the Spanish parent company, so it also applies to its affiliates and branches established in the UK, France, the United States, Australia and Singapore; likewise, as the Privacy Policy applies to the Aimsun parent company, it also applies to all of its affiliates and branches.

1.2. Aim of this Legal Notice

The aim of this Legal Notice is to inform users about the owner of this platform and the rights and obligations pertaining to both parties – owner and users. Apart from this text, Aimsun has set out other related legal policies (see Privacy Policy and Cookies Policy for more information); users are informed about data management carried out using the information collected by this website and the type of cookies used therein.

1.3. How to contact the website owner

Contact Aimsun by writing to the contact details above or by emailing the following address: info@aimsun.com

2. WORKING RULES

2.1. Website functioning

You can visit Aimsun’s website whenever you like and can consult free of charge the products and services shown on this web platform.

2.2. Types of users for this website

a) Information requestor: a person who is accessing Aimsun’s website to request information about the software that the company offers. This person will make contact through the contact form available for downloading the trial version of the software or by making contact via the corporate email address.

b) Client user: a person that has contracted the services or products of Aimsun.

c) Visitor: a person who simply browses this website.

d) Follower on social networks: a person who follows Aimsun in the corporate and social networks and who, based on this, browses the website.

All of the above types of user will be identified hereinafter as the “user”.

2.3. Aimsun confidentiality policy

When users browse this website, Aimsun can collect their data in accordance with the provisions set forth in the Privacy Policy and Cookies Policy.

If, for any reason, a user accesses information about Aimsun’s services or confidential aspects of the company, they will be subject to the strictest confidentiality unless Aimsun had expressly indicated to the user that this information were free of strictures and can be used. In any case, any user of this website must respect the terms established in Aimsun’s Terms and Conditions of Use.

2.4. Terms and conditions to be considered

2.4.1. General

Any person who accesses and browses the Website becomes a user, which implies the acceptance of the terms and conditions of this website detailed in all its notices and legal policies concerning data protection, intellectual property, security measures and competent jurisdiction, among others.

By accessing the Aimsun Website, users assume responsibility for any risks that may occur, and are responsible for avoiding controllable risks that concern them.

Users must also carefully read this legal notice on any occasion that they intend to use the website. This website may undergo modifications, and therefore the user is committed to obey what is provided therein.

In addition to these conditions, users must always respect the rest of the rules established in this website. They regulate all rights and responsibilities for better protection for both Users and Aimsun.

2.4.2. Users’ rights

• Users have the right to browse the website, always subject to the rules established in the notices that apply to the site.
• Users shall have the right to be attended to regarding their doubts and comments or to exercise their rights by following the procedures established in the website.
• Users have the right to be respected. Information will be always treated with respect and maximum privacy, therefore Aimsun has established privacy and data protection policies herein.

2.4.3. Users’ prohibitions

• Users cannot take advantage of their User status or position to access information that does not correspond to the information or services offered in this website or regarding Users. Users also cannot use this website in unlawful activity or to cause any type of damage either to the owner of this website or to a third party or other users.

• Any type of link to or from pages that are defamatory, pornographic, racist or offer false information or harm to Aimsun’s website, professionals or collaborators who work with or for the company are prohibited.

• In no case may users delete, alter, evade or manipulate any protection device or security systems that may be installed on this website to commit any crime or fraud, infringe intellectual property rights, privacy or confidentiality and that could attempt to Users or the company responsible for the website.

2.4.4. Aimsun’s rights

• Aimsun has the right to use user data that is collected in accordance with the provisions and legal notices established herein, and also in the corresponding privacy and cookies policy. The information will be also used to answer queries, and to carry out the appropriate measures according to the law in order to provide effective service.

• Aimsun can modify the legal texts when a situation in the market requires it or by applying an E-commerce or Digital Market regulation or law.

3. CONTENT, INTELLECTUAL AND INDUSTRIAL PROPERTY POLICY

3.1. Type of content in this website

In this website Aimsun has descriptions of the services and products offered, which are given with the intention of proving its closeness, reliability and transparency.

3.1.1. Intellectual property policy

a) Website

• Aimsun’s intellectual property policy is applicable to all this website and blog, as well as the contents and materials disseminated through these platforms.
• Users expressly and for all purposes acknowledge that the information, signs, pictures, designs, logos, animations, videos, texts, as well as other elements and content, including services and computer applications of the website are owned by Aimsun and/or by third parties who have duly authorized their inclusion in the website. Users have no rights over them except when expressly recognized.
• Users can view the information contained in the website and to download or make private reproductions in their computer system. Nevertheless, the elements reproduced cannot be subsequently transferred to third parties or being installed on a server connected to the Internet or a local network.
• In accordance with the provisions indicated on the previous section, Users will not be entitled to: distribute, modify, transform, assign, make available to the public or carry out any other activity that has not been expressly authorized on the elements and contents abovementioned including the computer codes of any of the elements of this website.
• Users who proceed to send any type of content to the owner of this platform asking for its inclusion, will ensure that they hold the necessary rights to do so. In these terms Aimsun will not be responsible for the content and legality of the information offered.
• Users recognize Aimsun the right to modify the contents introduced to adapt and to be compatible with the technical and aesthetic characteristics of the platform.
• Users shall be directly responsible for all consequences, damages and losses that may arise for Aimsun and/or third parties from the infringement of any obligation contained in this clause.
b) Social Network
• In the event that Users post or offers any comments on the corporate social network profiles, Users are responsible for their own content and uses of anything that they may post. They will be also responsible for having the necessary permits in the case of using contents or images of third parties subject to intellectual property, data protection or right to honor and personal image.
• Users will apply due diligence when acting in the social media profiles, not undermining the right to honor, ethics or morals. If Aimsun detects that content published by Users violates the provisions of this section, Aimsun shall delete or modify those contents to comply with the law.

3.1.2. Limited Uses and Prohibitions

The ability to access the contents protected by intellectual property does not transfer any rights to the Users. In this sense, this information and contents can only be used in a privately. Any use or reproduction made by Users or others now or in the future, must be made in accordance with the provisions and legal policies established herein, always respecting the legal limitations.

The following is prohibited:

• The reproduction, transformation, distribution, public communication, to make available to the public or any other exploitation of the website contents and/or blog, if any, without the written consent of the respective owner.
• Users shall not make links to this website and/or blog without the consent of the owner. Occasionally, where appropriate, only links to the main page will be allowed.

• It is not permitted to link to “final pages”, “frames” or any other manipulation similar to this page without express consent from Aimsun, unless it is done in accordance with point 3.1.4.

If Users want to use or publish any of Aimsun’s content, they must contact Aimsun by contact details indicated in section 1.4.

3.1.3. Authorizations or permits

Users can view the elements of the website and blog and even print, copy and store on their computer’s hard drive or any other physical support as long as it is solely and exclusively for personal and private use. Users cannot use elements for commercial purposes, and cannot make any distribution, modification or alteration.

As an exception to what is indicated in section 2 above, Aimsun allows users to mention the articles published on the website or blog through social networks, via ReTweets, shares, Likes or blogs, as long as they respect the ownership of Aimsun or the authors indicated in the corresponding articles or contents.

3.1.4. Links between websites

(1) Those persons or companies that intend to establish a hyperlink between their website and this website (hereinafter, the hyperlink), should be aware of the following conditions:
• The hyperlink will only be possible if permitted by the owner of this website.
• The hyperlink will allow access to the website but it will not be able to reproduce it in any way.
• A frame will not be created on the pages of the web platform.
• False, inaccurate or incorrect statements or indications about Aimsun, directors, employees, and the services or products provided through this platform will not be made.
• It will not be declared or implied that Aimsun has authorized the hyperlink or that it has supervised or assumed in any way that the services offered for the website that established the hyperlink.
• The website that establishes the hyperlink will not contain information or illegal content, contrary to morals or traditionally accepted good customs nor public order, or any contents that might offend third-party rights.
• The hyperlink does not imply the existence of any relations between Aimsun and the owner of the website where is found the hyperlink, nor the acceptance and approval by Aimsun of its contents or services.
(2) Aimsun provides to Users some links to facilitate access to some types of information, services and other content available on the internet. The links enabled on the website may lead Users to other websites managed by third parties, over which Aimsun does not exercise any type of control.
In this sense Aimsun does not assume any duty to monitor or verify the information or content from other websites that can be accessed through the abovementioned hyperlinks. Aimsun exclusively assumes the duty to remove from this page as soon as possible the information, content or services that do not correspond to reality, that contravene any regulation, or that may mislead or to cause harm to users.

3.2. About the software corresponding to this website

• Aimsun owns the permissions and licenses to use this website, as well as the rights related to the website design. Any use of the programming code, software or design by Users is not allowed. Whosoever infringes these terms and makes any fraudulent use, any action which affects the rights of the owner or third parties, shall be liable for all the consequences. Under no circumstances may Users extract, manipulate, copy, compile or decompile any element that configures the website, Aimsun being able to undertake legal actions if any contravening action is detected.

3.3. Brand and corporative identity

• Users are not allowed to use any brand, domain, slogan or any element that configures Aimsun’s identity without gaining express authorization from the company.

3.4. Other rules

• Rules not detailed in Aimsun’s legal policies will mean that the intellectual and industrial property laws in general will be applied.

4. RESPONSABILITIES

4.1. Responsibility for accessing the website

Access to this website will be the sole responsibility of Users, both in the form of access and in the information provided, as well as in the security they navigate through it.
Aimsun makes the best possible effort to avoid errors in the contents published on the website and to offer a constant and permanent service therein.
Aimsun cannot be responsible for temporary suspensions, failures or technical failures that affect the platform or the blog, caused by causes beyond the company, by viruses or computer insecurities provoked by third parties, or by the illegal and disrespectful actions of Users.
Aimsun does not guarantee the availability, continuity or infallibility of the operation of the website and, consequently, excludes, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to lack of availability or of continuity of the functioning of the web platform and of the services enabled in the same one, as well as to the errors in the access to different web pages.
Also, the company declines any liability for computer damages or any other type that may cause the visiting User for accessing the contents of this website. Therefore, Aimsun does not guarantee the absence of viruses or other harmful elements that could cause damage or alterations in the computer system, in the electronic documents or in the files of users or third parties.

4.2. Published contents

Aimsun is not liable for the content and/or updating of the links published, or for the information that is related to other websites or other companies that are linked to the search criteria of content.
Aimsun will review and update the information published but it cannot guarantee that all of it is completely correct given the typographical errors, inaccurate or incomplete information may occur for any fully justifiable reason.
Notwithstanding the limitations established in the current legislation Aimsun is not responsible for damages of any kind that may be due to the lack of accuracy, completeness, timeliness, as well as errors or omissions that may suffer the information contained on the platform or other content that can be accessed through it.

4.3. Service failures

In general, neither the platform nor its owner is responsible for technical errors in the platform and/or the non-provision of the internet service: (i) due to actions or errors of third parties and/or (ii) due to its own causes when Aimsun resolves the incident and/or diligently acts.

4.4. Other responsibilities or duties

• If Aimsun was declared not responsible for any damage or prejudice with cause to the aforementioned ends in a judicial or extrajudicial proceeding, by a competent Court or Administrative Public Entity, and a User was the person responsible, Aimsun may repeat against the User all the amounts that the company would have paid, including the emerging damage and lost profits, and any costs, including taxes, fees, lawyers, attorneys, experts, arbitration, travel or stays.
• Aimsun reserves the right to communicate the confidential information that Users have communicated to it when imposed by law, regulation, ordinance and/or any other legal, judicial or governmental mandate.

5. PROTECTION AND FUNCTIONING OF THIS WEBSITE

Aimsun will keep the website operational throughout the year, 24 hours a day, provided that the state-of-the-art allows it.
However, Aimsun reserves the right to modify or interrupt, in whole or in part, the access to the system temporarily when the service of maintenance, updating or repair of the system or the Internet server requires it without notifying Users.
If Users detect any anomaly, third-party interference, system errors or malfunctioning of the website, they must notify Aimsun so that the company can proceed with a proper solution.

6. AIMSUN’S RIGHT TO MODIFY THIS LEGAL NOTICE

Aimsun reserves the right to modify this notice to adapt to the regulation or jurisprudential changes that arise or are being published, as well as to make the appropriate modifications in accordance with industry or commercial practices.
If there was a substantial change on this legal notice, Aimsun will notify its Users through this website, letting them know the changes that will occur in policies and indicating when they are expected to have full effect.

7. REGULATIONS APPLICABLE TO THIS WEBSITE

All Aimsun’s texts and legal policies associated with this platform are ruled by Spanish legislation, particularly Law 34/2002, on Services to the Information Society and Electronic Commerce and the General Data Protection Regulation 679/2016, among others.

8. EXCLUSIONS OF THIS LEGAL POLICY

This legal policy only affects the information published and the data processing carried out on this website. In no case must the conditions established be necessarily related to the company’s policies as regards the provision of services by itself, as well as the form of provision thereof by its owner.

9. COMPETENT JURISDICTION

In the event that any conflict or discrepancy arises in the interpretation or application of these conditions or policy, the Courts and Tribunals that will be aware of the matter will be those established by the applicable legal regulations in matters of competent jurisdiction. In any case, if a Users’ situation is as a final consumer, the courts corresponding to their domicile will be competent. In the case of companies and professionals, the parties will be subject to the courts of Barcelona.

10. INTEGRATION WITH OTHER LEGAL POLICIES

This legal notice is complemented by the rest of the legal policies established in this website, already discussed throughout this one, such as the Privacy Policy and the Cookie Policy, in addition to any other that may be necessary to add or complement, following the provisions of current legislation at all times, all these to ensure the interest of Users by giving them the best possible guarantees.