Terms and Conditions


1.1 BSc Max Aragon Cerecedes, operating under the commercial name Wematics, located at Schillerstraße 30, 5020 Salzburg, Austria (hereinafter referred to as "Wematics") operates an online portal for scientific purposes (hereinafter referred to as the "portal") at the Internet address https://wematics.com/.

1.2 The following Terms of Use regulate the relationship between the users of the portal and Wematics.

1.3 Wematics reserves the right to amend these Terms of Use at any time, also with respect to persons already registered, if this becomes necessary due to changes in the law, changes in jurisdiction, changes in economic circumstances, or if loopholes in these Terms of Use subsequently become apparent. The user will be informed of such amendments by email in due time. The user may object to the amendments within 14 days of receipt of this email. If the user does not object to the amendments and continues to use the portal after the deadline for objection, the amendments shall be deemed effective as of the expiry of said deadline. If the user objects to the amendments within the two-week deadline, Wematics shall be permitted to exclude the user from using the portal. The user will also be informed of these consequences in the email.

2.1 The portal serves as a platform for a scientific community consisting of users working on the development of algorithms related to the MovingClouds dataset.

2.2 In particular, this involves software-based analysis of cloud movements and patterns. For this purpose, a fixed repertoire of data comprising approximately [insert number] individual data points (hereinafter referred to as "dataset") is available to users via the portal. It is expressly not guaranteed that the dataset is technically or scientifically correct; it may contain errors. There is no legal claim to the availability of a modified or error-free dataset.

2.3 Portal users can upload the result data of algorithms they have developed themselves, allowing a comparison of the research results. For this purpose, Wematics provides a so-called benchmark test on the website that evaluates the uploaded research results. Comparability is ensured by providing all users with the same dataset as a basis for application. The results are published on the website [Wematics.com/movingclouds] at the user's request, subject to approval by Wematics. This is done either under a pseudonym or, at the user's request, by providing additional metadata such as a description and properties of the algorithm or corresponding scientific publication.

2.4 Wematics is committed to ensuring the uninterrupted usability of the portal; however, there is no legal claim to the use of the portal. Wematics reserves the right, at its own discretion, to make changes to the portal at any time and without notice, to discontinue its operation, or to exclude individual users from accessing the portal. Furthermore, it cannot be guaranteed that temporary restrictions or interruptions will not occur due to technical issues (e.g., interruption of the power supply, hardware and software errors, technical problems in the data lines).

3.1 In order to download the dataset and upload result data, the user must register in advance at [Wematics.com/movingclouds]. Registration is free of charge.

3.2 Only persons affiliated with a body that pursues scientific interests are authorized to use the portal. Furthermore, the use of the portal is only permitted for the purposes specified under 2.1 to 2.3.

3.3 The scientific interest in the use of the dataset must be adequately demonstrated. In order to accelerate the registration process, an email address from the domain of the body pursuing scientific interests, as well as the name and website of this body, should be used for registration. In addition, a link to a scientific online profile can be provided.

3.4 The user is obligated to provide complete and accurate information during the registration process, particularly his/her real name.

3.5 As a rule, the registration process or the manual activation of the user account may take several days. There is no obligation on the part of Wematics to activate the account. Wematics reserves the right to reject individual registration applications without reason or to request further adequate proof of identity.

3.6 If the data provided by the user changes after registration, the user is obligated to update the data in the user account without delay. The user is responsible for ensuring that said data is kept up to date.

3.7 Wematics reserves the right to block or delete a user account if the user violates these Terms of Use.

4.1 After successful registration, Wematics shall grant the user the basic right to use the dataset, limited in time to the duration of the user relationship, and limited in content to the intended scientific purposes of use. The user is therefore permitted to duplicate and process the dataset and parts thereof for the purpose of automated analysis, in particular, to analyze it.

4.2 The user is strictly not allowed to make the contents of the dataset or other contents of the protected portal area accessible to third parties. The same applies to modified versions of these datasets or works derived from these datasets, insofar as it is possible to reconstruct or derive the datasets from these works. However, the user is free to use parts of the dataset in accordance with the provisions of applicable copyright laws.

4.3 The user shall grant Wematics the basic and gratuitous right to use the data uploaded by him/her, unrestricted in terms of time and content. The data may be used by Wematics exclusively for scientific purposes.

5.1 The user may use the portal exclusively for the intended purposes. In particular, he/she must not misuse the portal. He/She shall not engage in any activities in connection with the portal that violate applicable law, infringe upon the rights of third parties, or violate the regulations for the protection of minors. Furthermore, he/she shall refrain from using any programs, algorithms, or other software in connection with the use of the portal that may interfere with the functioning of the portal. In particular, before uploading data to the portal, the user shall make a reasonable effort to ensure that the data does not contain any malware. Furthermore, the user shall not perform any actions that may result in an unreasonable or excessive strain on the infrastructure of the portal or cause disruptive interference with it.

5.2 If the dataset is used outside of the portal, the user must provide appropriate citation or acknowledgment of the MovingClouds dataset and Wematics.

5.3 The access details to the portal must be kept confidential. The user must ensure that it is not accessible for unauthorized third parties. This includes, in particular, the selection of a secure password (at least eight characters consisting of upper and lower case letters, numbers, and symbols). It is the user's responsibility to ensure that his/her user account is used exclusively by him/her or by persons authorized by him/her to use the user account.

5.4 The user is solely and entirely responsible for the secure storage of the data generated by him/her. He/She is obligated to keep backups of the uploaded data.

5.5 The user shall ensure that emails from Wematics can reach him/her at the email address provided during registration and, in particular, that these cannot be intercepted by spam filters or similar technical settings.

5.6 If the user has reason to believe that unauthorized third parties have gained possession of the password, the password must be changed immediately, and Wematics must be informed about the potential breach without delay.

5.7 The user is obligated to notify Wematics promptly of any identifiable and relevant technical defects or errors in the functioning of the portal. The user shall not exploit any known or unknown technical defects or errors in the portal for his/her own purposes or make them accessible to third parties.

5.8 The user is liable for all consequences and disadvantages that Wematics and third parties may suffer due to the misuse or unlawful use of the portal, as well as due to the user's failure to comply with his/her obligations under these Terms of Use. The user shall indemnify Wematics against all claims that third parties may assert against Wematics due to the violation of their rights by the user's use of the portal or due to legal violations for which the user is responsible.

6.1 Wematics shall be liable in accordance with the statutory provisions for intent and gross negligence, as well as for damages resulting from injury to life, limb, or health caused by the negligent breach of duty by Wematics or one of its legal representatives or vicarious agents.

6.2 In the event of a breach of essential contractual obligations (cardinal obligations) due to slight negligence, Wematics shall be liable to the user for the foreseeable, typically occurring damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

6.3 Any further liability for damages on the part of Wematics is excluded, regardless of the legal nature of the asserted claim.

6.4 The provisions of the Product Liability Act remain unaffected.

7.1 The user's personal data is collected, processed, and used by Wematics exclusively for the purposes of providing the portal and in accordance with applicable data protection laws. Detailed information on the handling of user data can be found in Wematics' Privacy Policy, which is accessible on the Wematics website.

8.1 The law of the country in which Wematics is registered shall apply to the legal relationship between Wematics and the user, excluding the UN Convention on Contracts for the International Sale of Goods.

8.2 If the user is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from these Terms of Use shall be the location of Wematics' registered office.

8.3 If any provision of these Terms of Use is or becomes invalid or unenforceable, the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the economic purpose of the invalid or unenforceable provision. The same applies to any loopholes in these Terms of Use.

8.4 Wematics reserves the right to amend these Terms of Use at any time and without giving reasons. The user shall be notified of any changes and shall be deemed to have accepted the new Terms of Use if he/she does not object to their validity within six weeks of notification.