Terms of service

The present Terms of Service apply between you or the company/organization you represent (“You”) and 45 Engineering S.r.l., Via Trento 1/b, 37047 San Bonifacio (VR)- Italy (“45 Eng”), in relation to the use of the Services, as hereinafter defined, provided through the website https://hpp-design.com (“HPP Design”).

1) Purpose

HPP Design offers services for sizing and configurating turbines for hydro power plants (“Services”).

Services up to 40kW are free of charge. Services above the threshold of 40kW are charged (“Professional Services”).

The results of the Services can be downloaded one by one, by clicking in the “download” bottom contained in the Service page.

2) Terms of Service

By signing up and accessing HPP Design, You declare to have read, understood and accepted the present Terms of Service, as well as, the Privacy Policy and the Cookie Policy published in HPP Design.

The present Terms of Service, together with the Privacy Policy and the Cookie Policy, establish terms and conditions for signing up HPP Design and using its Services.

Additional terms and conditions, as well as, amendments to the present Terms of Service may be posted in the HPP Design from time to time and are hereby incorporated by reference. You will be deemed to have accepted any additional term, condition and amendment if You continue to access and use HPP Design after the date of publication of the additional term, condition and amendment.

3) Signing up

By signing up in HPP Design, You declare and warrant that You are at least 18 years of age.

In case You are signing up as a company/organization, You also declare and warrant that You are the legal representative of the company/organization and/or that You are authorised to sign up on behalf of the company/organization and to bound the company/organization to the present Terms of Service.

To sign up, You are required to provide to HPP Design the following information: first name, last name, company/organization name (if the case may be), telephone number, email, country and address of residence and/or country and address of the legal seat, Tax ID/VAT, and to choose a password.

Following the registration, HPP Design will create the account and will send You an email containing the username and confirming the password (“Credentials”) for using HPP Design’s Services.

To access HPP Design’s Professional Services, You will be required to upgrade your registration by adding the following information: your Italian electronic invoice data, email PEC, credit card details, including CVV and expiration date, and/or your PayPal details to enable payment with PayPal. This additional information will be used only for the purpose of charging You the price due for the Professional Service and for related fiscal purposes.

You represent that all information You provide upon signing up and during the use of HPP Design are true, accurate, and complete and You agree to update your information as necessary to maintain its truth and accuracy.

All your personal data will be treated in accordance with the Privacy Policy published in HPP Design.

4) Inactivity and Deleting your Account

Inactivity occurs when You do not use the Services for more than 12 months up to 24 months. After 24 months of inactivity, your account is terminated.

You can delete your account at any time by following the directions contained in this link: Edit profile.

If You choose to delete your account or your account is terminated due to:

• a) inactivity for more than 24 months from the date of the last sizing,
• b) your breach of the present Terms of Service or of any relevant and applicable law concerning the use of the Services and/or the use of the account, you will no longer be able to access your account and all measurements and configurations of turbines and all other data contained therein will be deleted.

5) Professional Services

Professional Services can be purchased in bundles. The price and numbers of sizings and configurations of bundles are indicated in the price list at the following link: Pricing.

Each bundle has an expiry term and it shall be used within the term. Any sizing/configuration left after the expiry term cannot be recovered or used, nor it can be cumulated with any new bundle purchased before or after the expiry term, if the case may be.

6) Limitations to the Use of HPP Design

45 Eng reserves the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Services with or without notice to You. You agree that HPP Design will not be liable to You and/or the company/organization You represent and/or any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Services, including Professional Services, for any reason.

You agree to comply with all laws, rules and regulations applicable to your use of the Service. By using HPP Design, You shall not:

• modify or copy the materials use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
• attempt to decompile or reverse engineer any software contained in HPP Design
• remove any copyright or other proprietary notations from the materials and/or transfer the materials to another person and/or "mirror" the materials on any other server
• use the Service for any illegal purpose
• change, modify, adapt or alter the Services or change, modify or alter another website to falsely imply that it is associated with the Services
• interfere with or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature
• inject content or code or otherwise alter or interfere with the way any HPP Design’s page is rendered or displayed in a user’s browser or device

7) Disclaimer

45 Eng makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights concerning the Services available within and/or through HPP Design and their results.

45 Eng has not reviewed all of the sites linked to HPP Design and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by 45 Eng of the site. Use of any such linked website is at your own risk.

8) Limitation of Liability

45 ENG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

9) Applicable law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of Italy and any controversy shall be submitted to the exclusive jurisdiction of the Tribunal of Verona (Italy).