Terms of Use
ML cube S.r.l., with registered office at Via Rosso di San Secondo No. 1/3, 20134 Milan (hereinafter, ML cube), has developed the platform known as “ML cube Platform” (hereinafter, the Platform), accessible in the Siemens Edge version through the Siemens Industrial Edge marketplace.
These Terms of Use for Customers (hereinafter, the “Terms of Use”) govern the relationship between ML cube and Customers who wish to extend and improve the lifecycle of their Artificial Intelligence solutions through the Platform’s features and the associated minimum service levels.
The Service provided by ML cube and the Customer’s use of the Platform are subject to these Terms of Use and any other regulations or policies published by ML cube on the Platform (hereinafter, the Terms and Conditions). In the event of disagreement with the Terms and Conditions or subsequent amendments thereto, or in the event of dissatisfaction with the Services offered by ML cube, the Customer shall have the right and obligation to immediately cease use of ML cube.
ML cube reserves the right, but is under no obligation, to strictly enforce the Terms of Use, including through legal action in the appropriate courts.
1 Definitions
Project: grouping of tasks to logically organize entities on the Platform.
Task: an entity within the Platform that represents an artificial intelligence task (such as text classification) and contains Models and Datasets.
Customer: every user registered on the ML cube Platform.
API Key: secret key provided to the Customer for the authentication method used with the Platform’s API service.
Model: the customer’s artificial intelligence model, which must be monitored by the platform through the submission of datasets.
Dataset: structured data (e.g., tabular) and unstructured data (e.g., text, images) that the Customer shares with the Platform and that will be used in connection with the services provided, such as monitoring and retraining.
Terms of use: these Terms of Use for Customers, as amended from time to time, including by any other rules or policies published on the Platform.
Contents: (i) files containing text, images, audio and/or video recordings, data, and/or information organized in a database, and in any case all files, documents, and/or information in any format provided by Users and made available by ML cube through the Platform or the Services, including any Content licensed by a third party; (ii) files containing text, images, audio and/or video recordings, data, and/or information organized in a database, as well as all files, documents, and/or information in any format that are transmitted, copied, sent, or made available to Platform Users, including by the Users themselves.
Personal Data: all personal information relating to each User, including the person’s name, address, and phone number, that may be collected through the Platform.
Fee: the amount owed by the Customer for access to the Platform and the use of its features and related services. The Fee is determined based on the amount of the budget allocated by the Customer to digital advertising activities and is set forth in the Subscription Form.
Platform: the application available in the Siemens Industrial Edge marketplace
Services: the services that ML cube offers as the Platform provider.
User: all individuals or legal entities who access the Platform, even if they are not registered with it.
2 Platform description
2.1 The Platform and Services include a platform through which Customers can monitor, analyze, and, if necessary, obtain retraining datasets directly on the Industrial Edge Device. Using artificial intelligence algorithms, the Platform is capable of collecting and analyzing large amounts of data in an aggregated and anonymous manner to enable drift detection, explainability, and potential retraining. These services are provided as an application in the Siemens Industrial Edge marketplace. They are accessible through Siemens Industrial Edge Device via browser web application. ML cube reserves the right to interrupt or suspend access to the Platform and Services if they are used in a manner contrary to the Terms and Conditions or public order. It is understood that ML cube has no obligation to monitor the conduct of Users and/or Customers and disclaims all liability in this regard to the fullest extent permitted by law.
3 Privacy
The Customer hereby declares that they have read ML cube’s Privacy Policy, available at https://mlcube.com/ as well as in the relevant section of the App, as amended from time to time; this Policy governs ML cube’s collection and use of Users’ personal data.
Furthermore, ML cube acknowledges and confirms that any processing of personal data arising from the execution of the Terms and Conditions will be carried out solely for purposes related to such execution or for other purposes for which the Customer has given express and unequivocal consent, and in any case in compliance with the provisions of Legislative Decree 196/2003 and subsequent amendments, Legislative Decree 101/2018, and EU Regulation 679/2016. In particular, the Customer declares to be informed about:
a) the purposes and methods of the processing for which the data are intended;
b) whether the provision of data is mandatory or optional;
c) the consequences of a refusal to provide data;
d) the recipients or categories of recipients to whom the data may be disclosed and the scope of such disclosure;
e) the rights referred to in Articles 15 (right of access), 16 (right to rectification), 17 (right to be forgotten), 18 (right to restriction of processing), and 20 (right to data portability) of the Regulation;
f) the name, business name, or corporate name and the domicile, residence, or registered office of the data controller as well as the data processor.
Finally, if the Customer acts as the data controller for the data processed by ML cube, the Customer hereby appoints ML cube as the data processor pursuant to and for the purposes of Articles 28 and 29 of Regulation (EU) 2016/679, in relation to the processing of personal data carried out for purposes related to the provision of the Services rendered through the Platform.
4 ML cube Responsibilities
4.1 Disclaimer of Warranties
The User agrees that the use of the Platform and the Service provided through it are provided “as is” and “as available,” without warranties or liability of any kind. All express and implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose, are expressly excluded to the fullest extent permitted by law, and to the same extent, ML cube disclaims all liability for the security, reliability, timeliness, and performance of the Platform.
To the fullest extent permitted by law, ML cube disclaims all liability regarding the transmission of computer viruses or other harmful components in connection with the Platform or the Service.
4.2 Limitations of Liability
Under no circumstances shall ML cube be held liable for damages to third parties or to the contracting parties resulting, directly or indirectly, from the use of the Platform or the Service, or resulting from any contract entered into between Users, Institutions, and third parties. This disclaimer of liability applies, among other things, to direct, indirect, incidental, special, exemplary, and consequential damages, including: loss of profits, loss of data, or loss of goodwill; computer damage; the cost of substitute products or services; and any damages related to personal injury or physical harm.
The damages to which the limitation of liability applies may arise from: the use or misuse of the Platform or the Service; the inability to use the Platform or the Service; or the interruption, suspension, modification, alteration, or termination of the Platform or the Service.
5 Taxes, Licences, and Certifications
5.1 The Customer is solely responsible for (i) determining its obligations regarding licenses, permits, taxes, contributions, and any other fiscal, social security, and/or administrative charges, as well as for complying with such obligations; and (ii) reporting, collecting, and paying taxes, contributions, and any other fiscal, social security, and/or administrative charges.
5.2 Tax regulations may require ML cube to collect tax information from Customers. If a Customer fails to provide the documentation required under applicable law (e.g., a tax identification number) to fulfill tax, contribution, or any other obligations (e.g., withholding taxes from payments due from the Customer), ML cube reserves the right to terminate the contract pursuant to Article 1456 of the Italian Civil Code, without prejudice to the right to claim damages in any case.
6 Updates
ML cube reserves the right, in its sole discretion, to modify the Platform or the Services, or to amend these Terms of Use, by providing adequate notice at least 15 days in advance via the Platform or through a notification when the App is updated. The “Last Updated” date at the bottom of these Terms will also be updated. If, following notification of a future change and during the period prior to the effective implementation of the changes, the User continues to access or use the Platform or the Services, the User will be deemed to have accepted these Terms as amended. If the User deems such changes unacceptable, the User may withdraw at any time by ceasing all use of the Platform and the Services.
7 Relationship between the parties
7.1 ML cube and the Customers are independent parties, each acting in its own name and for its own purposes. These Terms of Use do not create any relationship of subordination, agency, representation, association, brokerage, partnership, employment, or franchising between ML cube and the Customer.
7.2 No provision contained in the Terms and Conditions, or in any other material, shall be deemed to constitute, create, give effect to, or otherwise recognize a partnership, agency, joint venture, or any other formal business entity of any kind, or to create a fiduciary relationship between ML cube and the Customer.
7.3 The rights and obligations of the parties shall be limited to those expressly set forth in this document and in the Terms and Conditions.
7.4 The Service offered by ML cube consists exclusively of providing access to the Platform and its features through which the Services are rendered. ML cube is not and does not act as a seller, buyer, representative, or broker on behalf of any of the parties involved. ML cube manages the Platform and ensures its proper functioning.
8 Governing Law and Dispute Resolution
These Terms of Use are governed by and construed in accordance with the laws of the Italian Republic.
The parties to these Terms of Use shall submit any disputes arising from the Terms of Use to the conciliation procedure provided by the Conciliation Service of the Milan Chamber of Arbitration. In the event that the conciliation attempt fails, all disputes arising from these Terms of Use, including those of a non-contractual nature, relating to or connected with them, as well as the interpretation of any part thereof, shall be resolved by arbitration in accordance with the Rules of the Milan Chamber of Arbitration, by a sole arbitrator appointed in accordance with such Rules. The Arbitral Tribunal shall decide on an equitable basis. The seat of arbitration shall be Milan, and hearings may also be held remotely, provided that the Parties can be identified and have full capacity to be heard and to participate. The language of the arbitration shall be Italian.
9 Intellectual property
The Client authorizes ML cube to include the Client’s name and trademark (including any logo) on its website or in other promotional or scientific materials, official corporate communications, and other similar initiatives open to the public for commercial and research purposes, and to use the Client’s name and the Case Study as a reference to other clients or suppliers. During its commercial or advertising activities, the Customer shall limit itself to acknowledging the collaborative relationship between the Parties with respect to this agreement.
ML cube remains the exclusive owner of all intellectual property rights arising prior to, during, or after the Contract Period, even if derived from, related to, or resulting from information shared by the Customer. The Client is prohibited from copying, replicating, duplicating, analyzing, disassembling, or reverse engineering the Platform or any part thereof, and hereby undertakes, pursuant to Article 1381 of the Italian Civil Code, to ensure that its employees, collaborators, suppliers, affiliates, and related parties also comply with this prohibition.
In the event of a breach of one or more of the obligations and duties set forth in this paragraph, this contract shall be deemed terminated pursuant to and for the purposes of Article 1456 of the Italian Civil Code, without prejudice to the right to claim damages in any case.
10 Confidentiality
It is possible that, during the Term of the Agreement, the Customer may receive from ML cube or otherwise become aware of information relating to software, hardware, business methods and practices, customer lists, supplier lists, sales and/or marketing strategies, trade secrets of ML cube, as well as any other information relating to the Platform and its features (hereinafter, “Confidential Information”).
All Confidential Information obtained by or accessible to the Customer shall be deemed confidential, and accordingly, the Customer undertakes not to disclose or make any use of such information for its own benefit or on behalf of third parties, and to ensure—including by complying with Article 1381 of the Italian Civil Code—that its employees, collaborators, suppliers, affiliates, and/or related parties do not use, disclose, or otherwise exploit the Confidential Information in any way.
Confidential Information is shared or otherwise made available by ML cube for the sole and exclusive purpose of enabling the Customer to evaluate the Platform and its features in relation to its own objectives and expectations (hereinafter, “Permitted Use”). Any other use of Confidential Information other than Permitted Use is expressly prohibited, except in cases where such information has become public knowledge and/or where its disclosure is necessary to comply with a legal obligation or a request from a public authority.
11 Additional Terms and Conditions
ML cube is not responsible for relationships formed between Users.
The headings of the sections in the Terms of Use are for descriptive purposes only and do not affect their interpretation.
The User agrees that the rights and obligations contained in these Terms of Use, as well as any other documents incorporated herein by reference, may be freely and lawfully transferred by ML cube to third parties in the event of a merger, acquisition, or other event.
In any case, through the Platform, Users agree to comply with all applicable national and international laws and regulations currently in force regarding the use of ML cube’s Services in connection with the activities carried out on the Platform by the Users themselves. No waiver of these Terms of Use is granted without written authorization and a new contract signed between ML cube and the User.
All communications addressed to Users will be sent to the email address provided at the time of registration on the Platform. Messages and notifications are deemed received 24 hours after the email is sent, unless a notification has been received indicating that the email address is invalid or not functioning.