Terms Of Use

These terms of service (the “Terms”) govern your access to and use of: the Fusion242 website the Fusion Data Manager software, the Fusion Gemini software, the Fusion Asset Optimisation software, and any Fusion242 Professional services (the “Services”) so please read them carefully before using the Services. The Fusion Gemini cloud platform (SaaS) is located at https://gemini.cloud242.com and these terms apply to all use of the Fusion Gemini cloud platform (SaaS) service.

When purchased directly, the Fusion242 Fusion Gemini, Fusion Data Hub & Fusion Asset Optimisation software may be subject to an additional license document that should be read and accepted before installation and use.

By using our site and Services, you indicate that you accept these Terms of use and that you agree to abide by them. If you do not agree to these Terms of use, please refrain from using our site. If you are using the Services on behalf of an organisation, you are agreeing to these Terms for that organisation and promising that you have the authority to bind that organisation to these Terms. In that case, “you” and “your” will refer to that organisation. You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Fusion242 and are not barred under any applicable laws from doing so.

Information about us

www.fusion242.com and *.cloud242.com are sites operated by Fusion242 Ltd (“We”). We are registered in England and Wales under company number 06653929 and have our registered office at White Lodge, Horton Rd, Horton, Berkshire, SL3 9NU. Our VAT number is GB122786804 We can be contacted at enquiries@fusion242.com or on 0203 2900 242.

Setting up your Account

In the Fusion Gemini cloud platform (SaaS) there is tiered pricing. Your account will be placed into the correct tier based upon your usage (number of data devices, number of users etc.). You will be notified if you move out of one tier and into another so that you can take action if unintended. If you have added information that changes your tier but choose not to upgrade, we will remove data to move you back to your original tier.

After agreeing to receive our Services, you may be entitled to receive a license to download and install software. We aim to release 2 – 4 major releases of products per year, community licences may receive less. If you are using the software or services for commercial or public purposes (e.g. giving access to users outside of your organisation, deploying into the cloud or onto a public IP address, accessing remotely via VPN) you may require a professional licence upgrade. If you require more frequent access to releases and access to support in case of issues with the software, you will require a maintenance and support agreement.

Payment for the Services

In order to receive access to our maintenance and support services you will need to request an agreement. This can be linked to your software licence key(s). The Services will then be provided for a minimum period of 12 months and you shall be required to make either a monthly or single payment which is based on: the type of licence required for your installation. Future renewal is optional and is for a 12 month period. If the licence is not renewed the software should be uninstalled and any copies deleted.

The Fusion Gemini cloud platform (SaaS) has a monthly or annual based pricing structure. The current prices of this service are documented on the Fusion242 website and this should be monitored in case of change. We will inform all current users of any pricing changes to this service via email and on the service itself.

Accessing our site

We reserve the right to withdraw or amend the Services we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You are responsible for all activity using your account, whether or not you authorise that activity. You should immediately notify us of any unauthorised use of your account. You acknowledge and agree that if you wish to protect your transmission data or files sent to fusion242, it is your responsibility to use a secure encrypted connection to communicate with the Services. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of use. When using our site, you must comply with the provisions of our acceptable use policy set out below. You are responsible for making all arrangements necessary for you to have access to our site and Services. You are also responsible for ensuring that all persons who access our site or Services through your internet connection are aware of these Terms, and that they comply with them. If your contact information or any other information relating to your account changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under [16] years of age. By agreeing to these Terms, you are representing to us that you are over that age.

Your Materials and Your Privacy

By using our Services you provide us with information, files and folders that you submit to Fusion242 (“Materials”). You retain full ownership in your Materials and we do not claim any ownership to any of it. These Terms do not grant us any rights to your Materials or intellectual property except for limited rights that are needed to run the Services. We may need your permission to do things you ask us to do with your Materials, for example, hosting your files or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly back-up data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services. Except where stated expressly in our Privacy Policy, no matter how the Services change we will not share your Materials with others, unless we are required by law to do so or have your consent to do so. How we collect and use your information is explained in our Privacy Policy set out below. You are solely responsible for your conduct, the content of your files and folders and your communications with others while using the Services. For example, this means it is your responsibility to ensure you have the rights or permission needed to comply with these Terms. We may choose to review public content for compliance with these terms, but you acknowledge that Fusion242 has no obligation to monitor any information on the Services. Furthermore, we are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts or any other information you may be able to access using the Services. Sharing your Materials The Services provide features that allow you to share your Materials with others or to make it public. As there are many things users may do with those Materials (such as copying it, modifying it or re-sharing it), please consider carefully what you choose to share or make public as Fusion242 has no responsibility for that activity.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site and Services, and in the Materials published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Use of our Services may require you to download a client software package (“Software”). We hereby grant you a limited, non-exclusive, non-transferrable, revocable licence to use the Software solely to access the Services. Your licence to use the Software is automatically terminated if you violate these Terms in relation to our intellectual property rights. Our Services may update the Software on your device automatically when a new version is available. You must not modify the paper or digital copies of any Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of Materials on our site must always be acknowledged. You must not use any part of the Materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these Terms of use, your right to use our site and software will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made. Files and other content saved on the site or in the Services may be protected by intellectual property rights belonging to third parties. Please do not copy, upload, download or share files unless you have the right to do so. You, not Fusion242, will be fully responsible and liable for what you copy, share, upload, download, or otherwise use while using the Services. You must not upload Spyware or any other malicious software to the Services. You, and not Fusion242, are responsible for maintaining and protecting all of your Materials. We will not be liable for any loss or corruption to your Materials or for any costs or expenses associated with backing-up or restoring any of your Materials. Reliance on information posted Commentary and other Materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such Materials by any visitor to our site, or by anyone who may be informed of any of its contents. Our site changes regularly We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the Materials on our site may be out of date at any given time, and we are under no obligation to update such Materials.

Our liability

The Materials displayed on our site are provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: All conditions, warranties and other Terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with our site or in connection with the use, inability to use, or results of the use of our Services, any websites linked to it and any Materials posted on it, including: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. In no event will we be liable for any direct loss or damage suffered by you in connection with use of the site or the Services in excess of the fees payable by you in the 12 month period in which liability arose. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site

We process information about you in accordance with our Privacy Policy By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Uploading Materials to our site

Whenever you make use of a feature that allows you to upload Materials to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. Any Materials you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such Materials for any purpose. We also have the right to disclose your identity to any third party who is claiming that any Materials posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any Materials posted by you or any other user of our site. We have the right to remove any Materials or posting you make on our site if, in our opinion, such Materials does not comply with the content standards set out in these terms. Viruses, hacking and other offences You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other Materials which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-Services attack or a distributed denial-of Services attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-Services attack, viruses or other technologically harmful Materials that may infect your computer equipment, computer programs, data or other proprietary Materials due to your use of our site or to your downloading of any Materials posted on it, or on any website linked to it. Links from our site Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Termination

You can terminate your use of our Fusion Gemini SaaS service at any time by providing written notice to do so or using any automated capability if present in the software. After you have confirmed use of the Services on a paying basis, the contract will have a minimum duration of 1 month. In addition to the above, either party may also terminate this agreement with immediate effect on the giving of written notice where: the other party is in material breach of the agreement and fails to remedy that breach within 30 days of a request in writing from the other party to do so; and the other party enters into any insolvency or bankruptcy proceedings, has an administrator or liquidator appointed, or any analogous insolvency/bankruptcy procedures are commenced.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to your use of our site and/or Services. These Terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these Terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of use may also be superseded by provisions or notices published elsewhere on our site.

Entire Agreement

These Terms constitute the entire and exclusive agreement between you and Fusion242 with respect to your use of the site and/or Services and supersedes and replaces any prior agreements, understandings and/or conditions relating to the same subject matter. Your concerns If you have any concerns about Materials which appears on our site, please contact us using the contact details set out above.

Privacy Policy

We are committed to protecting and respecting your Personal Information and privacy. This policy (together with our terms of use and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our policies and practices regarding your personal data and how we will treat it.

This Privacy Policy governs your access to any use of the Services. For the purpose of the Data Protection Act 1998 (the Act), the data controller is Fusion 242 Ltd of White Lodge, Horton Rd, Horton, Berkshire, SL3 9NU. Information we may collect from you We may collect and process the following data about you: Information that you provide by filling in forms on our sites fusion242.com and cloud242.com. This includes information provided at the time of registering to use our site, subscribing to our Services, posting Materials or requesting further services. We may also ask you for information when you report a problem with our site. If you contact us, we may keep a record of that correspondence. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them. We collect and store the files you upload, download or access using the Services. Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

Log Data – When you use the Services, we automatically record information from your device, its software and your activity using the Services. This may include the device’s Internet Protocol (“IP”) address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your devices, your mobile carrier, the date and time stamps associated with transactions, system configuration information, meta data concerning your files and other interactions with the Services. In the course of providing the Services, we may collect Personal Information that can be used to contact or identify you (“Personal Information”). Personal Information may be used to: (1) provide and improve our Services, (2) administer your use of the Services, (3) better understand your needs and interests, (4) personalise and improve your experience, and (5) provide or offer software updates and product announcements. If you no longer wish to receive communications from us, please follow the “Unsubscribe” instructions provided in any of those communications or update your account settings information. Data Retention We will retain information for as long as your account is active or is needed to provide you with the Services. If you wish to cancel your account or request that we no longer use your information to provide you with the Services, you may delete your account by emailing us. We may retain any information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. IP addresses We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. Cookies Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. We may use “Session ID Cookies” to enable certain features of the Services to better understand how you interact with the Services and to monitor aggregate usage and web traffic routing on the Services. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the website that you visit. If you do not accept cookies, however, you may not be able to use all aspects of the Services. Geo-Location Information Some devices allow applications to access real-time location-based information (e.g. GPS). Our mobile applications do not collect such information from your mobile device at any time while you download or use our mobile apps as of the date that this policy went into effect but may do so in the future with your consent to improve our Services. Some photos and videos you place in the Services may contain recorded location information. We may use this information to optimise your experience. If you do not wish to share files embedded with your Geo-Location Information with us, please do not upload them. If you do not want to store location details in your photos or videos, please consult the documentation for your camera to turn off that feature. In addition, some of the information we collect from a device, for example the IP address, can sometimes be used to approximate a device’s location. Where we store your personal data The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. We will follow generally accepted standards to protect the information submitted to us. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. Uses made of the information We use information held about you in the following ways: To ensure that content from our site is presented in the most effective manner for you and for your computer. To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes. To carry out our obligations arising from any contracts entered into between you and us. To allow you to participate in interactive features of our service, when you choose to do so. To notify you about changes to our service. We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone. We will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have expressly consented to this. Disclosure of your information We may disclose your Personal Information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. We may disclose your Personal Information to third parties: In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. If Fusion 242 Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply these terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of Fusion 242 Ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. We may disclose your non-private, aggregated or otherwise non-personal information such as usage statistics of our services. We will display your personal information in your profile page and elsewhere according to the preferences you set in your account. Any information you choose to provide should reflect how much you want others to know about you. Please consider carefully what information you disclosed in your profile page and your desired level of anonymity you can review and revise your profile information at any time. We do not sell your personal information to third parties. We may use certain trusted third party companies to help us provide, analyse and improve the Services (including but not limited to data storage, maintenance services, database management, web analytics and improvement of the Services’ features. The third parties may have access to your information only for the purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy. We use Amazon Web Services to store some of your information. Your rights You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by ticking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at White Lodge, Horton Rd, Horton, Berkshire, SL3 9NU or by email enquiries@fusion242.com Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. Our Policy Towards Children Our Services are not directed at persons under sixteen (16). We do not knowingly collect personally identifiable information from children under sixteen (16). If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us at support@fusion242.com. If we become aware that a child under sixteen (16) has provided us with personal information, we will take steps to delete such information from our files. Access to information Please see our Privacy Notice Changes to our privacy policy Please see our Privacy Notice Contact Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to: Fusion242 Ltd White Lodge, Horton Rd, Horton, Berkshire, SL3 9NU or to enquiries@fusion242.com
Tel: 0203 2900 242
Registered office: White Lodge, Horton Rd, Horton, Berkshire, SL3 9NU
Company registered in England with number: 06653929