TERMS OF SERVICE
Welcome to E.D.E.N. EDEN is H.E.A.T. (Hybrid Engineering & Advanced Technologies) Corps Engineering Design Electronic Notebook. We invite you to access our websites and use EDEN. but please note that your invitation is subject to your agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the provision of the EDEN Service, so please review these Terms carefully.
What Are the Terms of Service?
What Is the EDEN Service?
The EDEN Software and other products, services and websites hosted or made available by EDEN, including our downloadable applications, App Center, User Forum, and Help & Learning are collectively referred to in these Terms as the “EDEN Service.” In exchange for being enabled to use the EDEN Service, you agree to abide by these Terms.
If This Is a Contract, Who Are the Parties?
You, the Account Holder, are one party to this contract. (An Account Holder is the person or entity who has contracted with EDEN.)
If you reside in the United States or Canada, then the other party to this contract is EDEN Corporation, a corporation headquartered in California. If you reside in Brazil, then the other party to this contract is EDEN do Brasil Serviços de Aplicações Ltda., a company headquartered in the city of São Paulo, State of Sao Paolo, Brazil (“EDEN Brasil”). If you reside outside of the United States, Canada and Brazil, then the other party to this contract is EDEN GmbH, a company headquartered in Zurich, Switzerland. (EDEN Corporation, EDEN GmbH and EDEN Brasil, as applicable, may be referred to in these Terms of Service as “EDEN,” “we” and sometimes “us”).
On some occasions, you may be purchasing products or service subscriptions from an authorized reseller. Please review our Commercial Terms for information about additional contract terms relating to such purchases.
Is This the Only Contract I Have with EDEN?
It depends upon how you interact with the EDEN Service and our software applications. If you install any EDEN Software on your computing devices, you may be asked to agree to an end user license agreement. If you pay for an EDEN subscription, you will be asked to agree to the Commercial Terms. If you use related EDEN products or services (such as EDEN Teams) or participate in our User Forum, you may also need to enter into a separate agreement with us (usually by clicking “accept” or “agree”). We refer to each of these as a “Separate Agreement.” If that happens, the Separate Agreement shall take precedence if there is a conflict between those terms and this Terms of Service document, to the extent of such conflict and with respect to the particular subject matter of that Separate Agreement.
Will These Terms of Service Ever Change?
These Terms may be amended as new features, technology, or legal requirements arise, so please check back from time to time. If we make a significant change, we’ll notify you and, where required, seek your consent.
If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using the EDEN Service (see “How is My Account Closed” below); your continued use of the EDEN Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.
What Do I Have to do to Use the EDEN Service?
First, you need to create an EDEN Service account. You create an account by providing us with an email address and creating a password. (Some older accounts also required a username.) We refer to this as your “Basic Subscriber Information”. We encourage you to use a distinct and non-obvious password that is different from passwords you use for any other service. You are responsible for maintaining the accuracy, completeness and confidentiality of your Basic Subscriber Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Basic Subscriber Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Basic Subscriber Information secure. If you discover any unauthorized use of your Basic Subscriber Information or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify our Customer Support team.
Second, you will need to access your account through a web browser or by installing our client software on your computers, tablets and phones. Obtaining those devices and paying for their connectivity and data plans is your responsibility. EDEN also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the EDEN Service.
Can I Share My Account with Someone Else?
EDEN Service accounts should not be shared. If you share your Basic Subscriber Information with anyone, that other person may be able to take control of the account, and we may not be able to determine who is the proper Account Holder. We will not have any liability to you (or anyone you share your Basic Subscriber Information with) as a result of your or their actions under those circumstances. Since you may use a free EDEN Service account, and since we provide a number of mechanisms to allow you to share your account Content with others, we strongly urge you not to share your information with anyone, unless you are doing so as part of your estate planning purposes, as discussed below.
Once I Have an Account, What Are My Rights in the EDEN Service?
Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the EDEN Service subject to these Terms, for so long as you are not barred from receiving the EDEN Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. In addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the EDEN Software provided to you by or on behalf of EDEN, for the sole purpose of enabling you to use the EDEN Software and enjoy the benefit of the EDEN Service, subject to any applicable license terms provided with the EDEN Software and these Terms, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in EDEN or the EDEN Service.
EDEN’s Data Protection Laws Say My Data Is Mine – What Does That Mean?
You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the EDEN Service. But you do have to grant EDEN a limited license, as described below, so we can make your data accessible and usable on the EDEN Service. Other than this limited license and other rights you grant in these Terms, EDEN acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content.
What Is the License I Have to Grant to EDEN?
In order to enable EDEN to operate the EDEN Service, we must obtain from you certain limited license rights to process your Content that is covered by intellectual property rights so that technical actions we take in operating the EDEN Service are not considered legal violations. For example, copyright laws could prevent us from processing, maintaining, storing, backing-up and distributing certain Content, unless you give us these rights. Accordingly, by using the EDEN Service and uploading Content, you are granting EDEN a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) and reproduce such Content to enable EDEN to operate the EDEN Service. You also agree that EDEN has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion.
You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as your Content is stored with us), and include a right for EDEN to make such Content available to, and pass these rights along to, others with whom EDEN has contractual relationships related to the provision of the EDEN Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if EDEN determines such access is necessary to comply with its legal obligations.
If you elect to use any third-party service or application that is integrated with EDEN, you also agree that the licenses granted to EDEN in the preceding paragraph shall apply to Content that is submitted or uploaded through such third-party service or application. If the third-party service or application you elect to use would access or extract Content, you grant EDEN the right and license to enable third-party access to and extraction of your Content. EDEN does not assume any responsibility for, or liability on account of, the actions or omissions of such third-party applications or service providers.
As we rely upon your rights to upload and distribute your Content, you represent and warrant to EDEN that (1) you have the unfettered legal rights and authority to submit your Content to EDEN, to make any other use, publication or other distribution of that Content in your use of the EDEN Service, and to grant the rights granted to EDEN under these Terms; and (2) your Content complies with our User Guidelines and these Terms. Finally, you understand and agree that EDEN, in performing the required technical steps to provide the EDEN Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
What Other Assurances Do I Have to Grant to EDEN?
When you use the EDEN Service to send messages to an email address, to a telephone number via SMS, or through a social media account (e.g., Facebook or LinkedIn) that has not been linked to an EDEN account, EDEN sends such messages on your behalf, and we are relying on your representation to us that you have a direct relationship with the recipient(s) and that you are respecting the legal rights of the recipient(s) not to receive certain kinds of messages (such as harassing messages, unsolicited commercial messages, and unwanted SMS messages). Whenever you send any kind of message to a third party you represent and warrant to EDEN that you are acting within the law and that you have prior consent from the recipient to send them such a message.
Are There Rules about What I Can Do on the EDEN Service?
Yes. Your use of the EDEN Service must be in accordance with these Terms. When it comes to your use of the EDEN Service, you agree that you are responsible for your own conduct and all conduct under your account. You agree to safeguard your password and to keep your Basic Subscriber Information current. You also agree that you will not share your account credentials or give others access to your account. In addition, you understand that all Content created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into the EDEN Service. This applies whether the Content is kept private, shared or transmitted using the EDEN Service or any third-party application or services integrated with the EDEN Service. Our User Guidelines provide more specific details regarding prohibited conduct on the EDEN Service. If we find that any shared Content in your account violates our Terms of Service (including by violating another person’s intellectual property or privacy rights), we reserve the right to un-share or take down such content.
I Suppose H.E.A.T. Corp-EDEN© Has Some Rights Relating its Engineering Design Electronic Notebook-E.D.E.N ©
We do. They’re described here:
While you own the Content you store within EDEN (subject to third party rights), you acknowledge and agree that EDEN (and our licensors) own(s) all legal right, title and interest in and to EDEN, including, without limitation, all software that is part of the EDEN and all related EDEN documents.
INTELLECTUAL PROPERTY RIGHTS.
In agreeing to these Terms, you also agree that the rights H.E.A.T Corps EDEN Software, including all intellectual property rights, such as trademarks, patents, designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any ) H.E.A.T. Corp-EDEN© Software, unless you are expressly permitted to do so under an open source license, we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition.
RIGHT TO MODIFY H.E.A.T. Corp-EDEN©
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to EDEN, including changes that may affect the previous mode of operation of the ) H.E.A.T. Corp-EDEN© Software. We expect that any such modifications will enhance the overall EDEN experience, but it is possible that you may not agree with us. We also reserve the right to establish limits to certain features based on factors such as the device, operating system and/or client that you use, the nature or size of storage available to you, the number of transmissions, the ability to send or receive email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. For example, if you use a free version of EDEN, you will not enjoy all of the benefits provided to subscribers of EDEN’s Paid Service offerings.
You also acknowledge that a variety of EDEN actions may impair or prevent you from accessing your Content or using EDEN at certain times and/or in the same way, for limited periods or permanently, and agree that H.E.A.T. Corp-EDEN© has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of EDEN. However, if you are a subscriber to a Paid Service and find that any such modifications or interruption of the Paid Service adversely affects you, you may notify our Customer Support team, explain the adverse impact the modification has created and, if you desire, request a termination of your Paid Service (if monthly). Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Paid Service subscription for a period of time equal to the interruption and/or refund a portion of your Paid Service subscription fee equal to the remaining unused term of the Paid Service subscription, as we determine appropriate or as may be required by applicable law.
RIGHT TO ENGAGE THIRD PARTIES.
RIGHT TO USE THIRD-PARTY SOFTWARE.
H.E.A.T. Corp-EDEN© may from time to time include as part of EDEN Software, computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. ) H.E.A.T. Corp-EDEN© expressly disclaims any warranty or other assurance to you regarding such third-party software.
RIGHT TO UPDATE OUR SOFTWARE.
In connection with any modification of EDEN, EDEN may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing EDEN. H.E.A.T. Corp-EDEN© will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), EDEN may require you to install the update to continue accessing EDEN. In all cases, you agree to permit H.E.A.T. Corp-EDEN© to deliver these updates to you (and you to receive them) as part of your use of your EDEN License.
How Does H.E.A.T. Corp-EDEN© Respond to Copyright or Other Intellectual Property Violations?
We respond to clear and complete notices of alleged infringement of copyright, trademark or other intellectual property laws that satisfy the requirements in these Terms (which comply with the United States Digital Millennium Copyright Act and other applicable laws). If you believe that your intellectual property rights have been violated, please notify our Compliance team according to the instructions provided by our IP Rights Compliance Program and your notification will be processed in accordance with our policies and as contemplated by law. EDEN account holders who are deemed repeat infringers will, in appropriate circumstances, be terminated pursuant to that policy. Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and ) H.E.A.T. Corp-EDEN© does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights on their behalf.
Can Kids/Students Use EDEN?
How is My Account Closed?
You may deactivate your account with our EDEN Service at any time, for any reason (or no reason). However, if you want to deactivate your account you need to take certain specific steps, which are described in our Help & Learning article entitled “How do I deactivate my account?”. If you subscribe to a Paid Service, you will need to cancel your subscription pursuant to our Commercial Terms. EDEN may act to temporarily limit your use of the EDEN Service, suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for EDEN suspending or closing your account may include, without limitation: (i) breach or violation of these Terms (including the User Guidelines) or any Separate Agreement, (ii) an extended period of inactivity (determined in EDEN’s sole discretion), (iii) your nonpayment of any fees or other sums due EDEN or any other party related to your use of the EDEN Service, (iv) the discontinuance or material modification of the EDEN Service (or any part thereof) or (v) unexpected technical or security issues or problems or extensive Unsupported Use.
In most cases, in the event we elect to close your account, we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on the EDEN Service servers (unless we determine that we are legally prohibited from providing such notice or enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the EDEN Service through that account.
If I Have a Great Idea to Share with E.D.E.N.©, What Are My Rights?
When you submit any ideas, suggestions, documents and/or proposals relating to the “Engineering Design Electronic Notebook-EDEN© “ (or other products or services) to “ through the “Contact Us,” User Forum or Support interfaces or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) H.E.A.T. Corp-EDEN© is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) H.E.A.T. Corp-EDEN© shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) H.E.A.T. Corp-EDEN© may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of H.E.A.T. Corp-EDEN© without any obligation of H.E.A.T. Corp-EDEN© to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from H.E.A.T. Corp-EDEN© under any circumstances.
What is the Refund Policy?
If an EDEN (notebook) has not been added to a project that was set up within in EDEN, and it is within 10 business days of an EDEN (notebook) being added to the users account by purchase or purchase order, the purchaser may receive a full refund on request. Contact firstname.lastname@example.org to request a refund with all credit card purchase or purchase order info from your confirming purchase email. If there are extenuating circumstances beyond the refund policy to request a refund, please clearly explain for consideration. Allow four business days for us to research and review refunds requests beyond the standing refund policy.
How Long is the EDEN (notebook) Available in my Account for Use and How Long is it Active After it is Opened and Added into a Project?
The EDEN (notebook) will remain available for use 36 months from the date it was added into the users account. After the notebook is activated, by adding an EDEN (notebook) into a project created within EDEN, it will be available for use for 12 months from that date. To extend that same EDEN notebook in that project, another 12 month EDEN (notebook) may be activated from the users account to extend access to that same EDEN project. Contact email@example.com
Does EDEN© Serve Ads?
NO Random ADS. H.E.A.T. Corps plan for its “Engineering Design Electronic Notebook-EDEN© “is to provide a valuable tool specifically designed to assist project managers/teachers guide and manage their STEM teams through the EDP so intuitive and uniquely than other platforms, that our users will want to subscribe to an affordable Paid Service. However, we may display advertisements and promotions on or in connection with EDEN©, some of which may be paid for by third parties
Some advertising or other messaging content we provide will be based upon information provided by third parties, and we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages. Furthermore, your interactions with advertisers found on or through the EDEN, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
What Else Do I Need to Know?
THIRD-PARTY LINKS, CONTENT AND PROGRAMMING.
We may include or recommend third party resources, materials and developers and/or links to third party websites, content and applications as part of, or in connection with, EDEN and HEAT Corp. We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.
If HEAT Corp-EDEN© Sends Me Notice of Anything, How Does That Happen?
This is another reason why it’s important for you to make sure your Basic Subscriber Information is accurate, complete and up to date. We may provide you with notices by email (to the email address associated with your account), regular mail or postings on the website(s) related to EDEN. How Can I Send a Notice to HEAT Corp-EDEN? Except where these Terms or any Separate Agreement specifically provide for use of a different means or address for notice, any notice to HEAT Corp-EDEN, must be delivered by email to firstname.lastname@example.org. This email address may be updated as part of any update to these Terms of Service. If you are unable to deliver notice via email, you may send a notice to us at the following address (as applicable to your Service provider):
PO BOX 6092
Palm Bay, Florida 32906
Are There Countries Where I’m Not Allowed to Use EDEN©?
You may not use or otherwise export EDEN Software except as authorized by United States (“U.S.”) law and the laws of the jurisdiction in which the EDEN Service is hosted or where you use EDEN. In particular, but without limitation, EDEN Software may not be (i) exported or re-exported into any countries that are subject to U.S. economic sanctions or (ii) provided to or used by anyone on the U.S. Department of the Treasury’s lists of Foreign Sanctions Evaders or Specially Designated Nationals or the U.S. Department of Commerce Denied Persons, Unverified, or Entity lists. By using the EDEN, you represent and warrant that you are not located in any such country or on any such list, and shall not use EDEN, or provide access to or use of EDEN to anyone, in any such country. In addition, you are responsible for compliance with applicable export control, economic sanctions and related laws when you travel across international borders and access your Content.
If you are a resident of the United States, these Terms and the relationship between you and HEAT Corp (including any dispute) shall be governed in all respects by the laws of the State of Florida, United States of America, as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to its conflict of law provisions.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
What Do I Do If I Think I Have a Complaint Against H.E.A.T. Corp?
LET US KNOW ABOUT YOUR COMPLAINT.
We want to know if you have a problem so we encourage you to contact our Customer Support team if you have any concerns with respect to the operation of our “Engineering Design Electronic Notebook-EDEN© “, as we want to ensure that you have an excellent experience.
INITIATING A FORMAL CLAIM.
If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved by the processes set forth in these Terms. EDEN provides the EDEN Service to you on the condition that you accept the dispute resolution provisions described below, so if you initiate any claim against EDEN in any other manner, you shall be in violation of these Terms and you agree that EDEN shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse EDEN for its reasonable costs incurred in defending against such improperly initiated claim. You agree that prior to initiating any formal proceedings against EDEN, you will send us a notice to our attorneys at email@example.com and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within sixty (90) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms.
CLAIMS ARE TIME-BARRED.
You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the EDEN or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim. The provisions of this section, entitled “Claims Are Time-Barred” shall be deemed to constitute a separate written legally binding agreement by and between you and us.
A couple of final, but important, points. First, these Terms constitute the entire agreement between you and H.E.A.T. Corp and govern your use of its Engineering Design Electronic Notebook-EDEN, except for, and then only to the extent that you have entered into a Separate Agreement. No other person or company shall be a third party beneficiary to these Terms.
Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect. In the event of a conflict, the English language version shall govern.
PO BOX 6092
Palm Bay, Florida 32906