DeltaTwin® Service
General Terms of Service & Conditions
By GAEL Systems (S.A.S, RCS Meaux 452272032 France), last reviewed and updated: 14th October 2025.
Important notice
These DeltaTwin® Service Agreement terms shall be read in conjunction with Serco Italia S.p.A DestinE Platform Code of conduct and Terms and Conditions:
The user shall accept Serco Italia S.p.A Site’s Code of conduct and Terms and Conditions before accessing and using the service.
General
Preamble
GAEL Systems S.A.S, with registered office at 25 rue Alfred Nobel, 77420 Champs-sur-Marne, France, RCS Meaux 452 272 032 (hereinafter:“GAEL Systems”) is an innovative company developing software solutions for the space industry, to access and disseminate Earth observation data products and to ensure their integrity, from simple desktop applications to cloud infrastructures.
GAEL Systems develops and maintains the DeltaTwin® Service software (hereinafter the “Software”) which is a service offering a set of tools to build and share digital twin components. It enables users to create and manage projects, named DeltaTwin® components, by handling their storage, configuration and versioning. DeltaTwin® Run module manages the execution of user models on the cloud infrastructure and/or on the customer’s systems. It offers interoperability mechanism to publish and share new generated data.
The DeltaTwin® Service has been developed as part of the Destination Earth (DestinE) , an ambitious initiative of the European Union to create a highly accurate digital model of Earth. It uses an unprecedented amount of data, innovative earth system models, Artificial Intelligence (AI), cloud computing, high-speed connectivity networks and data from multiple existing and new sources. The initiative is jointly implemented by three entrusted entities: the European Space Agency (ESA), the European Centre for Medium-Range Weather Forecasts (ECMWF) and the European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT) (see: https://destination-earth.eu/destination-earth/ ).
The DeltaTwin® Service is provided through the site platform.destine.eu (the “Site”). The Site is provided by Serco Italia S.p.A with registered office at viale dell’Astronomia 13, Cap 00144 (Rome, Italy).
These Terms of Service and contractual conditions regulate the transfer of the Software for installation on the customer’s systems (“DeltaTwin® On-Premises”) or access to the software as part of a SaaS solution (“DeltaTwin® Cloud”*). These terms also govern the provision of customer (hereinafter indifferently the “Customer” or the “User”) support and Software maintenance services.
Under our Terms of Service, we aim to give our customers the advantages and freedom of using an open-source application and at the same time to foster the continuous development of the Software by an active developer community.
The Software is currently available as a freemium service (free plan). A premium service (fee-based service) may be offered in the future.
Scope
These Terms of Service are intended exclusively for natural persons, legal entities, academic entities, or business partnerships that wish to use the Software to carry out their commercial or independent professional activity (hereinafter “Customers”) and therefore act as entrepreneurs within the meaning of Articles 1832 to 1873 of the French Civil Code.
No other terms and conditions stipulated by the Customer will apply, even if GAEL Systems does not expressly object to their application. Any deviating or contradictory provisions will therefore only apply if GAEL Systems has expressly acknowledged them in writing. This clause also applies to the precedence and application of the Customer’s own general terms and conditions when the Customer submits or accepts a quote.
The present General Terms of Service together with the applicable rate plan, documentation, and description of services will constitute the exclusive basis of applicable contractual terms and conditions. In all other respects, the special provisions governing contractual services contained in these conditions take precedence over the general ones.
Confidentiality
The Parties undertake to permanently treat all information about the other Party that they learn or becomes known in connection with this contract and that is marked as confidential or as constituting business and trade secrets based on other circumstances (hereinafter “Confidential Information”) as confidential and to not share it with third parties or to record or use it in any other way unless the other Party has expressly consented to its disclosure or use.
Trial period
The Customer may be given the opportunity to test the Software in advance. The applicable trial periods and the details of the requirements and scope can be found on our website as of the time when the trial period ends. After the end of the trial period, the Customer’s access to the DeltaTwin® Cloud will lapse. If the Software is provided on-premises, the additional support services and add-ons will no longer be updated and supported within the meaning of the service description under Section “Support and Maintenance Services” of these Terms of Service. If the Customer wishes to continue the contractual relationship after the end of the trial period, it must confirm that it wishes to continue to use the service under its selected rate plan by placing an order on our website in good time (see Section “Contractual Term and Termination of the Agreement”). Otherwise, the contractual relationship will end automatically.
Termination of the Agreement
GAEL Systems may, in its sole discretion, terminate or suspend the Customer’s access at its discretion for any reason with a 30 day prior written notice, to all or part of the Software, and immediately in case of, breach of any term of this Agreement or of the DestinE Platform Code of Conduct & Terms and Conditions that is not cured within 15 days from the occurrence of such breach.
The User has the right to withdraw free of charge and at any time from the Agreement, either by permanently deleting the DestinE Account (via the Site, in respect of Registered Users) or by not using the Software (for the non-registered Users). After termination of this Agreement or termination of the Software, this Agreement shall continue to apply.
Fee-based contractual relationship termination of the Agreement
The fee-based contractual relationship begins (possibly after the end of the trial period) when the Customer formally submits an order via the website for the duration of the selected contractual period or accepts the offer sent by us (by concluding a contract).
The Customer can learn more details about the contractual term from the service description and the DeltaTwin® portal.
The contractual term shall be automatically extended by the originally selected period, unless the contract is terminated as follows:
- In case of the use of DeltaTwin® Cloud before the end of the original contract term via the DeltaTwin® portal.
- In case of the use of DeltaTwin® on-premises with a notice period of 4 weeks prior to the end of the current contractual term in text form, in any case by email to support@deltatwin.eu .
The rights of both Parties to terminate the Agreement without notice for cause are not affected. Cause exists when the Party terminating the Agreement cannot be reasonably expected to continue under the contractual relationship until the agreed expiry date or the end of a notice period while taking all of the circumstances of each particular case and the interests of both Parties into account.
A Party has cause in particular if the other Party files for bankruptcy or ends its business status as a going concern.
GAEL Systems also has cause if the Customer ceases to make payments despite a reminder and a late payment grace period or breaches the contractual provisions regarding use of the SaaS service if they are a user of DeltaTwin® Cloud.
In the case of a Party’s bankruptcy or the ending of its business status as a going concern, termination without notice is subject to the requirement that the other Party is warned and requested in writing to remedy the alleged grounds for the termination without notice within a reasonable period of time.
If a SaaS service is used, upon termination of the contractual relationship, GAEL Systems will release to the Customer - on his/her request - all of his/her data that is stored in the Service. The data will be released before the end of the contract by making it available to the Customer. The Customer reserves the right to use the data generated via the SaaS in the on-premises version. The respective Terms of Service and rate plans will apply here.
GAEL Systems reserves neither a right of retention nor a statutory lessor’s line with respect to the Customer’s data.
Liability and damages
GAEL Systems disclaims all liability if the Software is made available as part of a free plan, except in cases of fraudulent concealment or gross negligence.
Under all other rate plans, liability is excluded for slightly negligent breaches of duty, unless there is damage to life, limb, or health or warranties or claims under the French Product Liability Act (Directive 85/374/CEE). Furthermore, liability for the breach of obligations that are essential to the proper fulfillment of the contract and whose observance the Customer may regularly rely on remains unaffected. The same applies to breaches of duty by third parties, including in particular by vicarious agents.
GAEL Systems shall not be liable :
- for the loss of data if the damage is due to the fact that the customer has culpably failed to comply with an own obligation to back up data and therefore the data cannot be restored with reasonable effort.
- for indirect and consequential damages suffered by the Customer or licensors and or caused to third parties by the Customer conduct and/or omissions not attributable to GAEL Systems.
Fees
All fees agreed in accordance with these contractual conditions (see Section “Provision as Software as a Service (Cloud)”) must be paid in advance at the time of signing the contract for the agreed contractual term. Any agreed trial periods (see Section “Trial Period”) extend this deadline accordingly. Any discounts will be calculated based on the selected license period. The amount of these discounts is displayed directly in the ordering process or is calculated based on the final amount to be paid.
All prices are exclusive of any applicable statutory taxes or comparable government duties.
The available payment method is:
- credit card
It will be operational when paid software plans are available.
Right to make amendments
GAEL Systems reserves the right to amend or adapt the provisions of this Agreement and/or the services it is contractually obliged to provide:
- if these must be adapted to comply with applicable law, particularly in light of legal changes, developments in case law, or if GAEL Systems must comply with a legal or official ruling,
- if technical or procedural changes with no significant effects for the Customer render an amendment necessary,
- if GAEL Systems offers new or additional services that must be included in the Agreement and this does not entail any disadvantages for the existing contractual relationship with the Customer, or
- if the changes are only legally favorable for the Customer.
The Customer is notified of amendments when connecting to the service. This notice of changes will indicate the date on which the changes will come into effect. If the Customer does not object to the changes, the changes will be deemed to have been accepted by the Customer.
If the Customer objects to the changes, the contractual relationship ends at the time the customer objects to the changes. The Customer’s other rights regarding termination of the contractual relationship are not affected.
Applicable law, place of performance, place of jurisdiction
These Terms of Service are subject to French law.
The exclusive place of jurisdiction for disputes arising from these Terms of Service is the Juridiction place from which GAEL Systems’ registered office in Champs-sur-Marne, France, depends. However, GAEL Systems also reserves the right to file lawsuit at the Customer’s place of jurisdiction. The same also applies if the Customer does not have its general place of jurisdiction in France. The applicable legal provisions otherwise apply with regard to local and international jurisdiction.
Subcontractors
GAEL Systems may use subcontractors to fulfill individual obligations or its obligations as a whole arising from the underlying contractual relationship.
References
GAEL Systems may refer to the Customer’s use of GAEL Systems products pursuant to a contractual relationship with GAEL Systems and to an appropriate and customary extent in reference lists and in its external communications. In particular, it may publish this information on its website(s).
Other provisions
If this Agreement is provided to the Customer in a different language, this is done only to aid understanding. The French version - or, failing that, the English version - will take precedence for the purpose of resolving legal disputes.
Provision of Software for Operation on the Customer’s Own Systems (On-Premises)
Subject
The provisions of this Section B govern the provision and use of the Software for installation on the customer’s servers in accordance with the service description available at https://platform.destine.eu/services/documents-and-api/doc/?service_name=deltatwin and, where available, the rate plan selected in each case. Where available, the selected rate plans vary in terms of their offered features, support class, and number of licensed users.
Handover
The Software, including electronic documentation, is usually made available to you for download or on certain media for self-installation, via what it’s also called the CLI (Command Line)..
Obligation to cooperate
In order to use the software, the Customer must meet the system requirements, which can be viewed and downloaded from the software documentation available at the following URL: https://platform.destine.eu/services/documents-and-api/doc/?service_name=deltatwin
In addition, the Customer shall provide advance notice of all changes that it makes or initiates to its Information Technology (IT) systems, in particular changes to the hardware and network structure, planned changes in the operating system (patches, etc.), as well as changes to its web service connections. For this purpose, the Customer may use the ticket system provided by the Site at https://platform.destine.eu/support/ .
The Customer is itself financially responsible for arranging for and maintaining its system in accordance with the requirements.
The Customer is responsible for performing proper and regular data backups in accordance with the current state of the art.
The Customer shall install all updates, upgrades, patches and bug fixes provided by GAEL Systems without delay. If GAEL Systems has taken on this duty (rate plan or additional agreement), the Customer shall ensure that installation is carried out immediately.
Reference is made to the additional conditions under Section “Support and Maintenance Services”.
Granting of Rights of Use
The source code of the Software developed by GAEL Systems is licensed as open source software under the GNU Lesser General Public License, Version 3 (GNU LGPL v3), except for specific components developed under the GNU Affero General Public License, Version 3 (GNU aGPL v3).
The license text of the GNU GPL-3.0 can be found here: https://www.gnu.org/licenses/agpl-3.0.html
GAEL Systems grants the Customer a license to use the software for an indefinite period.
Additional documentation, in particular concerning GNU GPL v3 and GNU aGPL v3, is also stored in specific files in the Software.
The Software Background Intellectual Property (BIPR) is listed as below:
Exact name of BIPR item | Owner | Description | Patent #or Ref/Issue/Revision/Version# | Contract/Funding details under which IPR was created | Date of creation of the version of the BIPR listed here | Affected deliverable with comments | |
|---|---|---|---|---|---|---|---|
OData engine | aGPLv3 | Encapsulation of the OData v4 protocol based on Apache Olingo v4. | 2.0.3 | 08/03/2018 | DeltaTwin® GSS | ||
GSS (GAEL Store Service) | Core | aGPLv3 | Core component for Cloud-ready extensible storage, catalog and distribution system | 0.6.3 | 13/09/2019 | DeltaTwin® API | |
Catalogue | aGPLv3 | OData Catalogue for Cloud-ready extensible storage, catalog and distribution system | 0.6.3 | 13/09/2019 | DeltaTwin® API | ||
Exact name of BIPR item | Owner | Description | Patent #or Ref/Issue/Revision/Version# | Contract/Funding details under which IPR was created | Date of creation of the version of the BIPR listed here | Affected deliverable with comments | ||
|---|---|---|---|---|---|---|---|---|
DRB Python | CORE | LGPLv3 | DRB library aims to simplify data access accessing data via a hierarchical node data model. | 1.0.9 | 28/09/2022 | DeltaTwin® run and DeltaTwin® Command line interface | ||
driver | Drivers are low level implementation allowing access inside formats, containers or protocols. | |||||||
file | LGPLv3 | Driver to access directory file structure | 1.0.1 | 01/03/2022 | DeltaTwin® run and DeltaTwin® Command line interface | |||
ftp | LGPLv3 | Driver to access ftp service protocol | 1.0.0 | 31/01/2022 | DeltaTwin® run and DeltaTwin® Command line interface | |||
grib | LGPLv3 | Driver to access grib3 format | 1.0.0 | 31/10/2022 | DeltaTwin® run and DeltaTwin® Command line interface | |||
http | LGPLv3 | Driver to access http/https protocol | 1.0.8 | 09/08/2022 | DeltaTwin® run and DeltaTwin® Command line interface | |||
image | LGPLv3 | Driver to access image contents | 1.0.1 | 01/03/2022 | DeltaTwin® run and DeltaTwin® Command line interface | |||
json | LGPLv3 | Driver to access json contentsz | 1.0.1 | 21/03/2022 | DeltaTwin® run and DeltaTwin® Command line interface | |||
netcdf | LGPLv3 | Driver to access netcdf contents | 1.0.5 | 29/03/2022 | DeltaTwin® run and DeltaTwin® Command line interface | |||
odata | LGPLv3 | Driver to access OData services | 1.0.7 | 12/09/2022 | DeltaTwin® run and DeltaTwin® Command line interface | |||
swift | LGPLv3 | Driver to access openStack Swift services | 1.0.1 | 17/01/2022 | DeltaTwin® run and DeltaTwin® Command line interface | |||
tar | LGPLv3 | Driver to access tar contents | 1.0.2 | 17/08/2022 | DeltaTwin® run and DeltaTwin® Command line interface | |||
xml | LGPLv3 | Driver to access xml contents | 1.0.3 | 15/06/2022 | DeltaTwin® run and DeltaTwin® Command line interface | |||
zip | LGPLv3 | Driver to access zip contents | 1.0.1 | 01/03/2022 | DeltaTwin® run and DeltaTwin® Command line interface | |||
Warranty
GAEL Systems provides the Customer with the Software free of defects. An insignificant impairment of the feature is not considered a defect. The specifications contained in the service and product description do not represent any guarantees of quality within the meaning of articles 1641 to 1649 of French civil code. The Customer must immediately report defects in accordance with the French Consumer Code (Section 2 : « Garantie légale de conformité pour les biens (Articles L217-3 à L217-32) ») and provide a description of the defect as precisely as possible.
Defects are reported using the ticket system provided by GAEL Systems, which can be accessed at https://platform.destine.eu/support/ .
The Customer will provide suitable data of its own if this is needed to detect the defect, including in particular for purposes of reproducing or rectifying the defect.
The warranty period is two years for individual customers (French Consumer Code). It begins when the software is transferred.
Only the latest version of the Software that is released by GAEL Systems is covered by the warranty. If the Customer does not accept patches, bug fixes, updates, or upgrades that are made available and install them or delegate the installation to someone else, warranty coverage is excluded if the defect in question would have been remedied by said patches, bug fixes, updates, or upgrades that were not installed unless the Customer submits proof that the defect is not due to this.
GAEL Systems is not liable for defects resulting from independent modifications that Customer or other third parties have made to the Software or the fact that it has used the Software deliberately contrary to the product description unless the Customer submits proof that the defect was not caused by these factors.
If significant defects are not remedied by GAEL Systems within a period of eight weeks of receipt of proper notice of defects or addressed by an appropriate interim solution, the Customer shall provide GAEL Systems with a reasonable grace period of at least four weeks. If this deadline expires and the defects are still not remedied, the Customer may file statutory claims.
GAEL Systems may request additional fees to cover its expenses if:
a reported error is not the result of a defect in the Software, but rather in particular attributable to changes that the Customer has made to its information technology (IT) systems or its IT infrastructure, including in particular due to the installation of patches that were not provided by GAEL Systems, changes to the Lightweight Directory Access Protocol (LDAP) or comparable systems, or changes to the connection of its web services,
a reported fault cannot be reproduced or otherwise proven to be a defect by the Customer unless the Customer could not detect with reasonable effort that there was no defect, or
additional effort is incurred due to the fact that the Customer failed to properly fulfill its obligations.
Infringements of Intellectual Property Rights
The rules under “Warranty” Section apply analogously in the event that third parties assert claims of infringement of their intellectual property rights against the Customer due to the use of the Software, unless otherwise described below.
The Customer must inform GAEL Systems immediately of any claims by third parties of infringements of intellectual property rights attributable to the Software. Before acknowledging the infringement of intellectual property rights or taking comparable legal actions, the Customer must inform GAEL Systems and, within reason, give GAEL Systems the opportunity to defend itself against the allegations or to indemnify the Customer against the assignment of all rights to the third party. If the Customer stops using the Software in order to minimize damages or for other important reasons, it must notify the third party that by ceasing to use the Software, it is not acknowledging the alleged infringement of intellectual property rights. Insofar as necessary, GAEL Systems will indemnify the Customer for all costs in this case.
Provision as Software as a Service (Cloud)
Subject
The provisions of this Section C apply to the provision of the services described in the valid rate plan and the associated service description as a SaaS solution. This includes in particular access to the DeltaTwin® Cloud software (hereinafter: “Cloud Software”) via the Internet.
The Cloud Software is provided by GAEL Systems (via the DestinE Site) for the agreed contractual term.
Further details regarding the services that GAEL Systems will provide, in particular as regards the functional scope of the software or its technical and hours of availability, data portability, or applicable service levels, can be found in the service description, can be found here: https://platform.destine.eu/services/documents-and-api/doc/?service_name=deltatwin
GAEL Systems can make updated versions of the Cloud Software available. The Customer will be informed about the updated versions, and it will be notified of any via e-mail or within the Cloud Software.
The valid current service description can be accessed at the following URL: https://platform.destine.eu/services/documents-and-api/doc/?service_name=deltatwin
Scope of Use
The Customer shall take appropriate security precautions to ensure that no unauthorized persons can gain access to the Cloud Software via the Customer’s user account during the contractual term. Intended use will be construed to include sharing content with third parties as well. In order for third parties to be allowed permanent access, they must be added as users.
Additional rights of use to the Cloud Software, including in particular the reproduction, sale, and/or rental rights thereto, are not the subject of these Terms of Service and are not granted.
GAEL Systems reserves the right to take reasonable technical measures to prevent non-contractual use.
Remuneration
The Customer undertakes to pay the agreed fee for access. The relevant details can be found in Sections “General” and “Support and Maintenance Services”, unless otherwise stipulated here.
GAEL Systems may demand additional payment in accordance with the respective current price list for required services that are necessitated by the Customer due to a breach of an obligation pursuant to “Contractual Term and Termination of the Agreement” clause or that the Customer has additionally ordered.
Currently, only a Freemium Service is available.
The price list will be available at a specific URL when applicable.
Customer Duties
In order to access and use the SaaS services, the Customer must create its own user ID and password on the Site, which must be entered each time the user wishes to access the SaaS services. The Customer must keep their password secret and not to disclose it to third parties.
The Customer shall be the responsible person and the sole owner of the processed data. GAEL Systems shall process data on behalf of the Customer only (see “Data Protection” section). Irrespective of GAEL Systems’ obligation to back up data, the Customer is advised to use the options provided to back up data himself.
The Customer must scan their data and information for viruses or other malware before entering it and use state-of-the-art virus protection programs to do so.
The Customer shall use the Cloud Software only in accordance with the applicable law, in particular the applicable acts, court decisions, official regulations, or orders, as well as in compliance with the intellectual property rights of third parties as per these Terms of Service.
The Customer must compensate GAEL Systems for all damage that arises from failure to comply with the obligations laid out in these Terms & Conditions and to indemnify GAEL Systems against all third-party claims, including those relating to any attorney fees and court costs that are incurred in this regard, which third parties make against GAEL Systems as a result of failure by the Customer to comply with these obligations.
Troubleshooting, Availability, Maintenance and Liability for Initial Defects
In the event of a fault or a system-side error message/malfunction, the provided ticket system https://platform.destine.eu/support/ must be used to notify GAEL Systems.
In the event of an error message, the Customer must describe the disruption or malfunction to GAEL Systems as precisely and in as much detail as is reasonable, so that it can react quickly. If the error messages or malfunctions (faults) cannot be reproduced or cannot be directly attributed to the Cloud Software itself for any reason other than a significant functional impairment, but can instead be traced, for example, to changes that the Customer made to its information technology (IT) infrastructure or web services, GAEL Systems reserves the right to request payment of its incurred expenses in accordance with the current price list valid as of the time of the error message.
Upon request, the Customer shall provide suitable data of its own if this is necessary to reproduce the fault or malfunction.
GAEL Systems’ strict liability as a result of defects already existing at the time of the conclusion of the contract will be excluded.
Disabling of the Account
If unauthorized third parties gain access to the SaaS solution services using the Customer’s login details, the Customer shall be held civilly liable for any resulting fees up to the point of receipt of the Customer’s request to change its login details or notice of the loss or theft thereof in cases where the Customer is culpable for such unauthorized third-party access.
GAEL Systems has the right to immediately disable accounts or storage space if it has reasonable grounds to suspect that the stored data is illegal and/or the Software is being used illegally or infringes third-party rights. In particular, there are reasonable grounds for suspicion of illegal behavior and/or an infringement of rights if courts, authorities, and/or other third parties notify GAEL Systems accordingly. GAEL Systems must inform the Customer that their account has been disabled and the reason why immediately. The account will be re-enabled as soon as the Customer presents evidence refuting the reasons for disabling their account.
Account Deletion
After termination of the contractual relationship, GAEL Systems shall generally delete the Customer account and the data contained therein. If the Customer fails to specify any corresponding provisions by the end of the contractual term, GAEL Systems will request the Customer to back up their data on their own systems within one month. The data will be made available in a commonly used data format. In any case, a request by the Site will be sent by email to the address stored in the customer account. The Customer is responsible for the correctness of the communication data stored in its customer account and ensuring that it can access it, including the specified email address. After the specified deadline expires without a response from the Customer, their user account, including all associated data, will be permanently deleted, unless there are conflicts with statutory retention requirements that take precedence over this Contract.
Data Protection
To the extent that GAEL Systems can access the Customer’s personal data, it shall act exclusively as a data processor on behalf of the Customer. The Customer shall be the sole arbiter of whether data processing is permissible. The question of the permissibility of the data processing is the sole responsibility of the Customer. For more information on how sensitive data is protected and the security measures we implement, please see our Privacy Policy – Protection of sensitive data.
Support and Maintenance Service
Subject
Section D regulates support and maintenance services as well as the guaranteed response times and the provided communication channels when the software is provided (on-premises) or made accessible (as SaaS) under the selected rate plans and is limited to the range of functions (features) specified in these rate plans.
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The specific services to be provided by GAEL Systems depend on the contractually agreed support class (Freemium, Basic, Professional, Premium, or Corporate). Presently, only the Free plan (Freemium) is available.
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The service description can be accessed at the following URL: https://platform.destine.eu/services/documents-and-api/doc/?service_name=deltatwin .
Support Service
The Customer may utilize the support services by sending a corresponding message to GAEL Systems via the provided communication channels (see https://platform.destine.eu/support/ ). The message must describe the support case in enough detail to explain the cause, type, and effects.
At the request of GAEL Systems, the Customer will name a contact person who is sufficiently qualified and authorized to answer questions or initiate necessary measures to handle all support requests, or it will name such a contact person for each specific request.
The support service will only remedy a fault or malfunction if it lies in the Software itself that has been provided or made accessible by GAEL Systems within the framework of the selected rate plan, and the contractually guaranteed system requirements and other obligations of the Customer to cooperate are satisfied.
If a support request necessitates a support service to rectify a malfunction or fault outside of the warranty or after the warranty has expired and the causes of the malfunction or fault cannot be eliminated with reasonable effort, GAEL Systems will provide the solution in the form of a workaround. (This is a solution that ensures the contractually guaranteed features even if it is does not eliminate the cause of the problem).
The Customer shall fulfill all of its obligations to cooperate as required for the specific support request. If the fulfillment of the support request depends on an action by the Customer or if it culpably fails to fulfill its obligations to cooperate, the response time is extended by the period need to carry it out, provided that this remains necessary.
If it turns out that the Customer causes malfunctions or faults as a result of the incorrect use of the software or hindering of its operation, or it is otherwise responsible for said malfunctions or faults because they are not factors that can be remedied by way of the support service, the Customer shall be held responsible for the consequences arising from these circumstances. GAEL Systems may charge a separate fee for all expenses associated with such a support request, including in particular for the time required for the determination of the cause.
The support services do not include services other than those specified in the service description.
Maintenance Services
Maintenance services include the provision of new software versions, such as updates, patches, bug fixes, and/or, if applicable, upgrades that are released during the contractual period. GAEL Systems will generally inform the Customer of new software versions by email or via notifications on the Site.
Installation of the new software versions is the responsibility of the Customer if the Software is provided on-premises. GAEL Systems will provide corresponding instructions by email or as documentation on the Site.
If no separate contractual agreements have been made, there is no right to further custom software development services.
Cooperation
The Customer must immediately deploy or install new software versions (see “Maintenance Services” Section). If the Customer fails to install the latest software in a timely fashion, it can lead to the loss of warranty rights.
All support and maintenance services are generally provided remotely. It is therefore necessary for the Customer to allow GAEL Systems or its subcontractors remote access via SSH, web, or terminal server. The decision about whether to grant such access is at the discretion of the Customer. If remote access is not enabled, and where this is necessary and reasonable for GAEL Systems to request to provide the services, GAEL Systems is not obliged to provide the service.
System and software analysis by GAEL Systems is required to provide certain support services. The Customer shall provide access for analysis purposes to the extent necessary and provide special test environments. GAEL Systems will provide the requirements in each concrete case. The Customer shall support GAEL Systems to an appropriate and reasonable extent.
Warranty and Infringement of Intellectual Property Rights of Third Parties
GAEL Systems warrants that the services provided as part of the support and maintenance service are free from defects that nullify or reduce the value and suitability under the agreed scope of services. Insignificant deviations will not be considered violations of this clause.
If defects arise during contractual use, the Customer must give GAEL Systems the opportunity to rectify them within a reasonable period of time. The Customer must notify GAEL Systems of the defects immediately in a comprehensible form and specify information that is useful for rectifying these defects, usually via the provided ticket system https://platform.destine.eu/support/ . The Customer shall help GAEL Systems in troubleshooting the problem as far as can be reasonably expected. GAEL Systems does not provide any warranty for defects that cannot be reproduced for GAEL Systems. Any expenses incurred in this connection must be paid for separately.
If, despite repeated efforts, GAEL Systems does not succeed in remedying the defect or in developing a workaround so that the Software can be used in accordance with the product description, the Customer may, in accordance with the statutory provisions, demand a reduction in the agreed fee, withdraw from the contract, or to file claim for damages.
Fees
There is currently no paid plan available. GAEL Systems currently offers exclusively a freemium service (free plan).
When paid plan(s) is (are) available, the Customer undertakes to pay the agreed fee based on the selected rate plan that it has specified in accordance with the additional conditions described under the « Fees » section.
If during the term of the contract, the Customer realizes that it has requested a license for an insufficient quota (may be: number of users, storage limit, maximum number of runs etc…), it may pay a fee for this additional quota.
GAEL Systems may charge an additional fee in accordance with the respective current price list for services that the Customer utilizes because it exceeded the quota that it originally licensed or for some other reason that it is responsible for.
Terms and Definitions
The following set of terms are defined to identify environment and application scope:
Resource (static resources): Numerical data that represents the information to be manipulated as input of the processing model.
Model: model is a ready-to-use software function enabling to transform data following an abstract representation of a system, a concept or natural phenomenon. This software implements the numerical translation of this theorical concept.
Source: The code sources used to build the model.
Digital Twin: A digital twin is a virtual and dynamic digital representation of a physical system or a set of physical interacting systems. It is created using computer models and regularly updated data collection. The physical systems can be various: natural phenomenon, a manufacturing process or an object. The digital twins enable to analyze, simulate, predict and monitor physical systems.
DeltaTwin® Component: A project definition in DeltaTwin® environment, referencing or embedding the needed inputs and runnable models to produce the expected results (outputs). DeltaTwin® Component can be composed to build more complex systems and generate digital twin. It is similar to a project on Gitlab and is represented by a set of files.
DeltaTwin® Service: It allows registered users to access existing and freely available components, run them in a cloud infrastructure and publish the results they generate.
Artifact: An Artifact is a DeltaTwin® special output that can be published or reused by user. It is documented with a list of metadata indicating its characteristics and generation context.
Starter kit: Set of read-only DeltaTwin® components that serve as samples for quick on-boarding: user can consult and execute them without modification. These DeltaTwin® components can be cloned by user and re-used to build more complex DeltaTwin® in the future.
SaaS (or Software as a Service): software licensing and delivery model in which software is licensed on a subscription basis and is centrally hosted. SaaS is also known as on-demand software, web-based software, or web-hosted software.
End User: means any individual or entity that directly or indirectly through another user (a) accesses or uses User uploaded Content; or (b) otherwise accesses or uses the DeltaTwin® Service software under the User’s Account.
Losses: means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).
Party / Parties: refers to GAEL Systems and the User either individually or collectively.
Personal Data: designates any information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his/her physical, physiological, mental, economic cultural or social identity.
GAEL Systems confidential information: means all non-public information disclosed by GAEL Systems, its affiliates, business partners or its or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. GAEL Systems Confidential Information includes: (a) non-public information relating to GAEL Systems or its affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between the Client and GAEL Systems or GAEL Systems’ affiliates. GAEL Systems Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to the User at the time of the User’s receipt from GAEL Systems; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by the User without reference to the GAEL Systems Confidential Information;