1. DEFINITIONS
For the purpose of these Terms and Conditions, the terms below shall have the following meaning:
- “Authorizing Officer” means the designated representative of ECMWF, EUMETSAT and Member and Co-operating States of EUMETSAT and ECMWF who authorizes access to the EWC Services.
- “End User” means anyone enabled to access a Tenancy-based Service.
- “European Weather Cloud Partners” means EUMETSAT and ECMWF in their role as joint operators of the EWC.
- “EWC” means European Weather Cloud.
- “EWC Services” means all services and applications provided by the European Weather Cloud Partners to EWC Tenancies including data, software, compute, storage, network services, and related user support services.
- “Tenancy” means an isolated environment offering services on the EWC and administered by a Tenancy Owner authorized by the Authorizing Officer.
- “Tenancy –based Service” means a Tenancy User-provided service running inside a Tenancy and using EWC Services.
- “Tenancy Owner” means a user who administers one or several Tenancies in accordance with an agreement with the Authorizing Officer.
- “Tenancy User” means a user authorized by a Tenancy Owner or another existing Tenancy User to use one or more identified Tenancies for the purposes agreed by the Authorizing Officer.
- “User(s)” means any category of user, be it a Tenancy Owner, Tenancy User or End User.
Annex 1 seeks to illustrate these different roles and their relationship.
2. ACCESS TO AND USE OF THE EWC SERVICES
Access to the EWC Services is restricted to:
- A Tenancy Owner specifically authorised by the Authorizing Officer to administer a Tenancy on the EWC.
- A Tenancy User specifically authorised by a Tenancy Owner or another Tenancy User.The Tenancy Owner and Tenancy User authorizing access of other Tenancy Users to the EWC Services shall ensure that the Tenancy Users fully comply with the obligations set out in these Terms and Conditions and access the EWC solely for the purposes agreed by the Authorizing Officer. Unless otherwise notified, the continued use of the EWC Services constitutes full acceptance of these Terms and Conditions.
A Tenancy User may use EWC Services to create Tenancy-based Services in full compliance with the obligations set out in these Terms and Conditions and access the EWC solely for the purposes agreed by the Tenancy Owner. Unless otherwise notified, the continued use of the EWC Services constitutes full acceptance of the Terms and Conditions.
3. ACCESS TO AND USE OF THE TENANCY–BASED SERVICES
The Tenancy User authorizing access of other Users to its Tenancy-based Services shall ensure that the Users fully comply with the obligations set out in these Terms and Conditions.
For Tenancy-based Services provided only to other Tenancy Users, such compliance may be imposed by requiring acceptance of these Terms and Conditions.
For Tenancy-based Services provided also to End Users, the Tenancy User is required to implement technical measures to ensure such compliance by End Users. The Tenancy User remains responsible for all End Users’ activities on Tenancy-based Services it provides, as further described in Section 4 herein.
4. TECHNICAL AND SECURITY REQUIREMENTS
The Tenancy Owner and Tenancy User shall implement, in coordination with the European Weather Cloud Partners, the required technical safeguards to ensure that only those Users with a right to access the EWC Services can do so.
The Tenancy Owners are ultimately responsible for all activities taking place within their Tenancy.
The Tenancy Users are responsible for all activities that occur under their account and shall ensure that their content or service does not violate any applicable law. The Tenancy Users are responsible for properly using the EWC Services to secure, protect and backup their accounts in a manner that will provide appropriate security and protection from unauthorized access.
The Users shall ensure that they do not cause damage to any products, data or services of any other User or of the European Weather Cloud Partners.
The Users are prohibited from using the EWC Services for activities that may violate the legal rights of other Users or the European Weather Cloud Partners or that may constitute an illegal activity in any form.
If the Tenancy Owner or Tenancy User becomes aware that their account is compromised or becomes aware of any non-permitted activity, they shall immediately inform the European Weather Cloud Partners through the European Weather Cloud Support Portal..
5. STORAGE OF DATA, CONTENT AND INFORMATION
Tenancy Users are responsible for ensuring that only such data, content and information is stored on the EWC Services as is necessary for the purpose agreed by the Authorizing Officer or Tenancy Owner described in sections 2 and 3 above.
6. OWNERSHIP, INTELLECTUAL PROPERTY RIGHTS AND DATA POLICY
The data policies and related licensing requirements of ECMWF and EUMETSAT will apply to any use of their respective data and products.
The European Weather Cloud Partners do not claim ownership of any software, data, content or information stored on the EWC Services by its Users.
Users providing their own applications (including software), data and products will retain ownership in these items.
Users are required to adhere to any licensing conditions applicable to applications (including software), data and products they use.
Users are required to ensure that the required disclaimers are in place if they are authorised to redistribute data and products.
Users warrant that they have all the necessary rights to provide and allow use of any applications (including software), data and products used on the EWC Services without infringing any third-party intellectual property rights.
7. CONTROL OF ACCESS AND OF USE BY THE EUROPEAN WEATHER CLOUD PARTNERS
The European Weather Cloud Partners reserve the right to:
- monitor and screen on-going aggregate activity deemed to be incompliant with these Terms and Conditions or otherwise unacceptable or inappropriate, be it for legal or other reasons;
- suspend all or part of a Tenancy or terminate a Tenancy with immediate effect in case of non-compliance with these Terms and Conditions or any illegal or improper use of the EWC Services. Any actions taken in this regard will be taken with due consideration of the principle of proportionality;
- suspend or discontinue any means of accessing or utilising the EWC Services for security reasons or other reasons;
- jointly or individually, take action in case of a security incident involving a damage or risk of damage to the EWC Services, warranting immediate action on the side of one or both of the European Weather Cloud Partners.
8. LIABILITY
The European Weather Cloud Partners shall bear no liability for any consequences, whether direct or indirect, arising from the use of the EWC Services except in the case of wilful misconduct or gross negligence. This includes but is not limited to adaptations carried out by the User to their own operational services, equipment or software based on the qualities of the EWC Services. Any and all adaptations/configurations are exercised at the User's own risk.
All data, applications, content and information to which the EWC Services provide access are made available 'as is'. The European Weather Cloud Partners make no warranty or representation, either express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the EWC Services.
The European Weather Cloud Partners shall bear no liability for the contents of external websites, services or software hyperlinked from the EWC Services. A link to another site or service is not an endorsement of that site or service.
9. PRIVILEGES AND IMMUNITIES
Nothing in or relating to these Terms and Conditions shall be deemed a waiver of ECMWF’s or EUMETSAT’s privileges and immunities, express or implied, conferred on them through their respective Protocols on Privileges and Immunities.
10. DISPUTE SETTLEMENT
The European Weather Cloud Partners shall attempt to settle any dispute between them and any dispute between one of them and any user in an amicable manner. If the dispute cannot be so settled, it shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with the said rules. The proceedings shall be in the English language. Any decision made by the arbitrators will be considered final and binding and cannot be subject to appeal.
11. PERSONAL DATA PROTECTION
The European Weather Cloud Partners, the Tenancy Owners and the Tenancy Users will protect personal data of Users in accordance with the relevant data protection law applicable to them.