Please read these Terms and Conditions of Use (hereinafter, the “Terms” or the “T&C”) carefully before accessing or using the website https://embraceideas.es, and/or https://climate4buildings.com, y la a technological platform developed by EMBRACE IDEAS, SL (hereinafter, collectively, the “Platform” ). These Terms govern access, browsing and use of the Platform , as well as the conditions applicable to the services offered by EMBRACE IDEAS, SL , consisting of climate and energy analysis tools applicable to architectural projects. The conditions that are published at the time the user accesses or uses the Platform will be considered applicable . In the event that any provision of these Terms is declared null, invalid or unenforceable by a competent authority, such provision shall be limited or eliminated only to the extent necessary, with the remainder of the provisions remaining in full force and effect. EMBRACE IDEAS, SL reserves the right to modify, update, or replace these Terms and Conditions at any time by publishing the updated version on the Platform or notifying users through available means. Such modifications will take effect upon publication. In the event that these Terms and Conditions are translated into other languages, the Spanish English version shall prevail in case of discrepancy or conflict of interpretation .
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
1. 1. These Terms and Conditions of Use (hereinafter, the “T&Cs”) regulate access, browsing,
registration and use of the website https://embraceideas.es https://embraceideas.es and www.climate4buildings.com, the technological platform developed by EMBRACE IDEAS, SL (hereinafter, the “Platform”).
1. 2. Access, registration or use of the Platform by the user (hereinafter, the “User”) implies full
and unreserved acceptance of these Terms and Conditions, as well as any other applicable policy or legal document, including the Privacy Policy and the Cookies Policy.
1. 3. By registering or using the Platform, the User declares that they have read, understood and
accepted these Terms and Conditions, committing to use them in accordance with the provisions therein, applicable regulations, good faith and generally accepted practices in the use of digital services.
1. 4. The Platform is primarily aimed at professionals and entities that carry out activities
related to the field of architecture, engineering, technical consulting, urban planning or real estate development , therefore the User declares that they use the services of the Platform within the framework of their professional or business activity.
1. 5. If the User does not agree in whole or in part with these Terms and Conditions, they must
refrain from accessing, registering or using the Platform.
1. 6. Use of the Platform will be subject to:
- the present TyC;
- any particular conditions that may be established for certain services or specific functionalities of the Platform; and
- the applicable regulations in force.
1. 7. EMBRACE IDEAS, SL reserves the right to modify the presentation, configuration, and
content of the Platform, as well as these Terms and Conditions, at any time. Such modifications will take effect from the moment of their publication on the Platform.
1. 8. Continued use of the Platform by the User after the publication of modifications to the
Terms and Conditions will imply acceptance of them.
2. OBJECT AND DESCRIPTION OF THE SERVICE
2. 1. The Platform developed by EMBRACE IDEAS, SL aims to provide users with digital tools
that allow them to perform climate and energy analyses applicable to architectural and real estatesite and/or building development projects , especially in early design phases.
2. 2. Through the Platform, users can enter certain project-related data, such as geographical
location or other relevant parameters , in order to generate automated reports based on the processing of climate, energy and geographical data.
2. 3. In particular, the Platform allows, among other functionalities:
- enter the location of a project or site;
- to process climate and energy data associated with that location
- generate automated reports that may include climate analysis, outdoor comfort assessment, energy potential estimates, indicators related to emissions or carbon intensity, and indicative recommendations for passive design or energy efficiency;
- save searches and convert them into projects within the user's account;
- access the history of analyses performed;
- Download reports or results generated by the Platform in digital formats.
2. 4. The analyses, reports and recommendations generated by the Platform are based on
automated processes and data from various sources, including climate, energy or geographical databases and, where applicable, third-party services or APIs .
2. 5. The results generated by the Platform are informative and support decision-making , and
therefore do not constitute technical, architectural, energy engineering, energy, or other professional advice , nor do they replace the analysis or validation that must be carried out by a qualified professional.
2. 6. EMBRACE IDEAS, SL may modify, expand or update the functionalities of the Platform at
any time with the aim of improving the service, adapting the Platform to technological advances or introducing new functionalities.
2. 7. Access to certain functionalities of the Platform may be subject to prior user registration
or the contracting of subscription plans , in accordance with the specific conditions indicated at each time.
3. PLATFORM OWNER'S DETAILS
In compliance with the duty to provide information set out in Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE) , users are informed of the following identifying data of the owner of the Platform:
- Owner: EMBRACE IDEAS, SL
- NIF: B22609408
- Registered office: Passatge de Martras 9, 01, 08004 Barcelona, Spain
- Website: https://embraceideas.es
- Contact email: info@embraceideas.es For any questions related to the protection of personal data, users can contact dpo@embraceideas.es .
4. SERVICES
EMBRACE IDEAS, SL provides users with a technological platform designed to facilitate climate and energy analysis applied to architectural and real estate developmentsite and/or building development projects, with the aim of supporting decision-making in early design phases. Through the Platform, users can access various digital tools that allow them to analyze climate, energy, and geographic information related to a specific location or project. The service offered by EMBRACE IDEAS, SL includes, among others, the following functionalities:
- Climate analysis of the site: allows you to enter the location of a project and process climate data associated with that location.
- Evaluation of environmental conditions: generation of analyses related to climatic variables relevant to architectural design, including aspects such as exterior thermal conditions or environmental comfort.
- Preliminary energy analysis: estimation of energy indicators and energy generation potentials based on climatic and geographical data.
- Generation of automated reports: preparation of reports that integrate the results of the climate and energy analysis, including indicative recommendations for passive design or energy efficiency.
- Project and query management: ability to save analyses performed, convert them into projects within the user account and access the query history.
- Download results: export of reports or results generated by the Platform in digital formats. The services offered through the Platform may evolve, expand or be modified at any time with the aim of improving the functionality of the system or incorporating new analysis tools. Access to certain functionalities may be subject to prior user registration or the purchase of subscription plans , in accordance with the conditions indicated at any given time on the Platform.
5. REGISTRATION ON THE PLATFORM
5. Registration on the Platform
5. 1. Prior registration.
Access to certain features of the Platform may require prior user registration and the creation of a personal account . Through this registration, the user will be able to access the services and features available on the Platform.
5. 2. Truthfulness of the information.
The user guarantees that the information provided during the registration process is truthful, accurate, complete, and up-to-date , and agrees to keep it updated at all times. The user will be liable for any damage or loss resulting from the provision of incorrect or incomplete information.
5. 3. Account creation.
To register on the Platform, the user must provide at least a valid email address and other basic data necessary for the creation and management of their user account.
5. 4. Access to the Platform.
Registration can be completed through the EMBRACE IDEAS, SL website climate4buildings.com and/or the digital channels available on the Platform . Once the registration process is complete, the user can access their personal account using their login credentials.
5. 5. User identification.
EMBRACE IDEAS, SL cannot guarantee the identity of all users registered on the Platform and, consequently, does not assume responsibility for the misuse of user accounts by third parties.
5. 6. Professional Use of the Platform.
The user declares that they use the Platform within the framework of their professional, business or technical activity , and that they have the necessary authorizations or powers to use the services offered by EMBRACE IDEAS, SL.
5. 7. Responsibility for credentials.
The user is responsible for maintaining the confidentiality of their access credentials , including their password, as well as all activities carried out through their account.
5. 8. Account usage.
Access to and use of the Platform through a user's credentials will be considered to have been carried out by that user, unless proven otherwise.
5. 9. Suspension or cancellation of accounts.
EMBRACE IDEAS, SL reserves the right to reject registration requests, suspend or cancel user accounts when it detects breaches of these Terms and Conditions, misuse of the Platform or any circumstance that may affect the proper functioning of the service, without this generating the right to compensation.
6. PRICING AND SUBSCRIPTION POLICIES
6. 1. The Platform developed by EMBRACE IDEAS, SL may offer different access plans and
subscription options , which will allow users to use certain functionalities or services of the Platform.
6. 2. The economic conditions applicable to the use of the Platform, including prices, features of
the available plans and functionalities included in each modality, will be indicated at all times on the website embraceideas.esclimate4buildings.com o en la propia Plataforma.
6. 3. Certain functionalities or analysis tools may be available only to registered users or
subscribers of paid plans , in accordance with the conditions and rates in force at any given time.
6. 4. Subscription plans may be established on a monthly or annual basis , according to the
options available on the Platform at any given time.
6. 5. Where applicable, EMBRACE IDEAS, SL may offer users a free trial period or limited access
, with the aim of allowing the evaluation of certain functionalities of the Platform before contracting a paid plan.
6. 6. EMBRACE IDEAS, SL reserves the right to modify the prices, subscription plans or
functionalities included in each modality , informing users in advance through the Platform or by the contact means provided.
6. 7. Changes in economic conditions will not affect subscription periods already contracted
until their completion, with the new conditions being applied in the following billing cycles.
7. LICENSE FOR USE AND CONTENT
7. 1. Platform usage license.
EMBRACE IDEAS, SL grants the user a limited, non-exclusive, non-transferable, non- sublicensable and revocable license to access and use the Platform and its functionalities, solely in accordance with these Terms and Conditions and during the period in which the user maintains an active account or a valid subscription.
7. 2. Permitted use.
The license granted allows the user to use the Platform exclusively for professional purposes related to the climate and energy analysis of architectural or real estate development projects. The user agrees not to reproduce, copy, distribute, modify, decompile, reverse engineer, or exploit the Platform or its functionalities outside of the uses expressly permitted.
7. 3. Content provided by users.
The user may enter into the Platform certain data or information related to projects, locations or other parameters necessary for the generation of analyses and reports (hereinafter, the “User Content”). The user declares that they have the necessary rights or authorizations to use said content and guarantees that its use on the Platform does not infringe the rights of third parties or applicable regulations.
7. 4. License on user content.
In order to enable the operation of the Platform and the provision of the services offered, the user grants EMBRACE IDEAS, SL a non-exclusive, worldwide, royalty-free license to process, store, and use the content entered into the Platform, exclusively for the provision of the service, the generation of analyses and reports, and the technical improvement of the Platform.
7. 5. Responsibility for the content.
The user will be solely responsible for the content entered on the Platform and for its truthfulness, accuracy, or legality. EMBRACE IDEAS, SL will not be liable to third parties for the content or accuracy of the information provided by users.
7. 6. Content moderation.
EMBRACE IDEAS, SL reserves the right to suspend or remove content entered by users , as well as to restrict access to the Platform when such content or behavior may be contrary to these Terms and Conditions or applicable regulations.
7. 7. Collaboration with authorities.
EMBRACE IDEAS, SL may investigate any misuse of the Platform and cooperate with the competent authorities when necessary for the investigation of possible infringements or illegal activities.
8. CUSTOMER OBLIGATIONS
8. 1. Proper Use of the Platform.
The Client agrees to use the Platform in accordance with these Terms and Conditions, applicable regulations, good faith and public order.
8. 2. Professional use of the service.
The Client declares that they will use the Platform within the framework of their professional or business activity , and that they have the necessary knowledge and skills to properly interpret the information and results generated by the Platform.
8. 3. Truthfulness of the information.
The Client guarantees that all data and information entered on the Platform is truthful, accurate and up-to-date , and is responsible for any damage or loss resulting from the entry of incorrect, incomplete or inaccurate information.
8. 4. Regulatory compliance.
The Client undertakes to comply with all applicable legal and sectoral regulations in the development of its professional activities, including those related to architecture, engineering, urban planning or real estate development.
8. 5. Legitimate use of content.
The Client agrees not to use the Platform or the reports generated by it for:
- to carry out illegal activities or activities contrary to current regulations;
- violate the rights of third parties;
- introduce content or information that infringes intellectual or industrial property rights;
- perform activities that may damage, overload or impair the functioning of the Platform.
8. 6. Account Security.
The Client will be responsible for maintaining the confidentiality of their access credentials and all activities carried out through their account on the Platform.
8. 7. Use of the results generated by the Platform.
The Client acknowledges that the reports and analyses generated by the Platform are for informational purposes and to support decision-making , and therefore will be responsible for their interpretation and the use made of them in the development of their professional activities.
8. 8. Responsibility for the use of the Platform.
The Client will be responsible for any misuse of the Platform made from their account, as well as any damage or harm that such use may cause to EMBRACE IDEAS, SL or to third parties.
9. RESPONSIBILITIES AND GUARANTEES OF EMBRACE IDEAS
9. 1. EMBRACE IDEAS, SL will not be responsible for the information, data, or content that users
enter or upload to the Platform, including information related to projects, locations, or other parameters used to generate analyses and reports. Consequently, EMBRACE IDEAS, SL will not be liable, either directly or indirectly, for any damages or losses that may arise from such content.
9. 2. In particular, EMBRACE IDEAS, SL is not responsible for:
- the suitability of the Platform or its functionalities to the specific needs of the user or their professional activity;
- direct or indirect damages arising from the use of the Platform or the interpretation of the results generated by it;
- the loss of information, data, reputation or any other damage arising from the use of the Platform;
- the lack of availability, continuity or uninterrupted operation of the Platform, including possible interruptions resulting from maintenance, updates or technical incidents;
- possible errors, inaccuracies or limitations arising from automated data processing or the use of external data sources, including third-party services or APIs .
9. 3. The analyses, reports, and recommendations generated by the Platform are for
informational and guidance purposes only and do not constitute technical, architectural, energy, or professional advice. The user is solely responsible for the interpretation and use of the results generated by the Platform.
9. 4. EMBRACE IDEAS, SL reserves the right to suspend, limit or cancel access to the Platform
for those users who violate these Terms and Conditions or make improper use of it.
9. 5. Likewise, EMBRACE IDEAS, SL may, at any time and at its discretion:
- modify, update or delete content or functionalities of the Platform;
- temporarily suspend access to the Platform for technical reasons, maintenance or service improvement;
- restrict or block access to users who violate these Terms and Conditions.
9. 6. EMBRACE IDEAS, SL may access, retain or disclose information when reasonably necessary
to:
- to comply with legal obligations or requirements of competent authorities
- guarantee compliance with these Terms and Conditions;
- detect, prevent or manage security problems, fraud or technical incidents;
- to protect the rights, safety or property of EMBRACE IDEAS, SL, its users or third parties.
9. 7. Notwithstanding the foregoing, EMBRACE IDEAS, SL declares that it has adopted
reasonable technical and organizational measures, in accordance with the state of technology, to ensure the proper functioning of the Platform and minimize the presence of viruses or other elements that may affect users' systems.
10. CUSTOMER'S LEGAL RESPONSIBILITIES
10. 1. The Client shall be responsible for the use he/she makes of the Platform and for the
analyses, reports or results generated through it, as well as for the interpretation and application he/she makes of said information in the development of his/her professional activities.
10. 2. The Client will also be responsible for the truthfulness, accuracy and legality of the data,
information or content that he/she enters into the Platform for the generation of analyses or reports.
10. 3. The Client undertakes to use the Platform in accordance with applicable regulations and
to respect the rights of third parties, including intellectual property rights, industrial rights and personal data protection rights.
10. 4. Under no circumstances will EMBRACE IDEAS, SL be responsible for the technical,
architectural, energy, commercial or investment decisions that the Client adopts based on the information, analysis or recommendations generated by the Platform.
10. 5. The Client acknowledges that the use of automated analysis tools may involve technical
limitations or dependencies on data from external sources, and therefore assumes the risks associated with the use of such results within the framework of its professional activity.
10. 6. The Client shall indemnify EMBRACE IDEAS, SL against any claim, damage, liability or cost
that may arise from improper use of the Platform or from the Client's breach of these Terms and Conditions or applicable regulations.
11. SUSPENSION AND CANCELLATION OF SERVICES
11. 1. Maintenance and availability
EMBRACE IDEAS, SL may temporarily suspend access to the Platform when necessary to perform maintenance, updates, repairs, or service improvements. Whenever possible, users will be notified of such interruptions in advance.
11. 2. Suspension for non-compliance
EMBRACE IDEAS, SL reserves the right to suspend, limit or cancel the Client's access to the Platform in case of breach of these Terms and Conditions, misuse of the service or performance of activities that may affect the operation, security or integrity of the Platform.
11. 3. Service Interruptions
EMBRACE IDEAS, SL will not be liable for service interruptions resulting from causes beyond its control, including, but not limited to, failures in telecommunications networks, interruptions in the electricity supply, cyberattacks or actions of third parties.
11. 4. Account Cancellation
The Client may request the cancellation of their account on the Platform at any time through the channels provided for this purpose. Cancellation will result in the loss of access to the services associated with that account, without prejudice to any contractual obligations that may remain in effect.
11. 5. Links to third parties
The Platform may contain links to third-party websites or services. EMBRACE IDEAS, SL is not responsible for the content, operation, or policies of these websites; this is the sole responsibility of their respective owners.
12. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
12. 1. The Platform, including, but not limited to, its programming, structure, design, interface,
databases, source code, functionalities, logos, trademarks, texts, graphics, generated reports and other elements necessary for its operation, are owned by EMBRACE IDEAS, SL or by third parties who have authorized its use, and are protected by national and international regulations on intellectual and industrial property.
12. 2. The Client's access to and use of the Platform does not in any case imply the assignment,
transfer or license of the intellectual or industrial property rights over it, except for the limited right of use necessary to access the service in accordance with these Terms and Conditions.
12. 3. The reproduction, modification, distribution, public communication, transformation,
commercialization, decompilation , disassembly, reverse engineering or any other form of exploitation of the Platform or any of its elements is expressly prohibited without the prior, express and written authorization of EMBRACE IDEAS, SL
12. 4. The trademarks, trade names, logos or distinctive signs that may appear on the Platform
are owned by EMBRACE IDEAS, SL or third-party rights holders, and access to or use of the Platform does not grant the Client any rights over them.
12. 5. Third-party content or materials that may appear on the Platform belong to their
respective owners, who have authorized their use or inclusion therein.
13. INDEMNITY
13. 1. The Client undertakes to indemnify and hold harmless EMBRACE IDEAS, SL , as well as its
directors, employees and collaborators, against any claim, damage, liability, cost or expense that may arise from:
- the Client's misuse of the Platform;
- the breach of these Terms and Conditions; • the infringement of third-party rights; • the information or content entered by the Client on the Platform.
13. 2. In the event that EMBRACE IDEAS, SL is subject to any claim or proceeding arising from
the aforementioned circumstances, it may require the Client to compensate for the damages caused, including any legal expenses that may arise.
14. DATA PROTECTION
14. 1. The processing of personal data that may be carried out within the framework of access
to and use of the Platform will be carried out in accordance with the provisions of Regulation (EU) 2016/679, General Data Protection Regulation (GDPR) and Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD) .
14. 2. Information relating to the processing of personal data of Platform users is contained in
the Privacy Policy , accessible through the Website.
14. 3. In those cases where the use of the Platform involves access by EMBRACE IDEAS, SL to
personal data for which the Client is responsible for processing, EMBRACE IDEAS, SL will act as the data processor , limiting itself to processing the personal data in accordance with the Client's instructions and solely for the proper provision of the service.
14. 4. In such cases, the specific conditions of the processing of personal data will be regulated
by the corresponding data processing agreement (Data Processing Agreement or DPA) which, where appropriate, will be signed by the parties in accordance with the provisions of Article 28 of the GDPR.
15. APPLICABLE REGULATIONS AND JURISDICTION
The parties agree to act in good faith and intend to resolve any dispute relating to these Terms and Conditions. The EMBRACE IDEAS, SL Terms and Conditions are governed by Spanish law. The parties submit to the jurisdiction of the Courts of Barcelona.