Terms of Service
These Terms of Service govern your use of the website located at https://pifop.com and any related services provided by PIFOP Solutions.
By accessing https://pifop.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by PIFOP Solutions.
We, PIFOP Solutions, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on January 30th, 2023.
1. Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
- remove any copyright or other proprietary notations from any materials and software on this website;
- transfer the materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service PIFOP Solutions provides;
- use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use this website or its associated services in violation of any applicable laws or regulations;
- use this website in conjunction with sending unauthorized advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or
- use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
- use the Services in a manner that is inconsistent with PIFOP Acceptable Use Policy.
2. Our Intellectual Property
The intellectual property in the materials contained in this website are owned by or licensed to PIFOP Solutions and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by PIFOP Solutions at any time.
3. Registering with us
When registering to use a Service you must choose a username and password. You are responsible for all actions taken under your chosen username and password, which you will keep private and not allow anyone else to use.
You must ensure that the information you provide is accurate and truthful, and to tell us promptly if it changes.
You should immediately notify us of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to PIFOP, it is your responsibility to use a secure encrypted connection to communicate with the Services.
4. Your Content
We consider "your content” to be materials — models, data, scripts, images and other types of files in both text or binary formats, folders and terminal logs — voluntarily supplied to us by you for the purpose of processing or usage on our platform and materials that are created and edited in our platform. All of your content is associated with your PIFOP account that you have used to submit or create the materials.
You retain intellectual property ownership rights over content you submit to us for processing or usage on our website and over content you generate using our website. You retain full ownership of all of your content. We don’t claim any ownership of it.
You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with our Privacy Policy.
4.1. Sharing your content with other users
By using our services, you grant us permission to host your projects and share them at your direction. We do not share your projects or any of your data unless you request us to do so. By default, all of the projects that you create are visible, accessible and editable by you and by you only, but you can give access to your projects to other PIFOP users indicated by you, in which case you grant us permission to share these projects with the users that you indicate.
One of the project sharing options we provide generates URLs through which your project can be viewed and/or edited using our platform. Every project is created with this option disabled by default. Once you enable it, you allow anyone that gets their hands on one of these URLs to view and/or edit that specific project. Beware that this opens up the possibility of someone that you don’t trust getting to see one of these URLs if you or one of your collaborators intentionally or unintentionally let other people see the project URLs. We can’t prevent that from happening and, realistically speaking, neither can you. For that reason, once you enable this feature, you assume that risk all by yourself. You cannot hold us responsible if, after enabling this feature, one or more untrusted persons access your project with one of the URLs of the project.
4.2. Sharing your content with NEOS
PIFOP users can submit their optimization models to be executed on NEOS — Network-Enabled Optimization System. NEOS is a free internet-based service for solving numerical optimization problems hosted by the Wisconsin Institute for Discovery at the University of Wisconsin in Madison. By using NEOS through PIFOP, you agree to NEOS’ Terms of Use (https://neos-server.org/neos/termofuse.html) and allow us to share you project files with NEOS' servers for the purpose of executing your program. We will not upload your file to NEOS unless you use a terminal command in PIFOP that requests us to do so, and only those files indicated by the command you enter will be uploaded to NEOS' servers.
4.3. Sharing your content with PIFOP Optimization Servers
PIFOP Optimization Servers (or “Opt-Servers”) are servers that are hosted by PIFOP users that can read, process, modify and run mathematical programs of a project in PIFOP. When you choose to run a program in an Opt-Server, you are saying that you trust the user that is hosting that Opt-Server, and you grant that Opt-Server permission to access and modify your project in the following ways: reading its files, creating new files and/or modifying existing ones, creating new folders and printing the program execution log into a terminal.
5. Your Responsibilities
5.1 As a PIFOP user in general
You must comply with all laws and regulations applicable to you and the use of our services.
Files and other content in PIFOP that you receive or share may be protected by intellectual property rights of others. You agree to always respect the proprietary rights of others and must never copy, upload, download, or share files unless you have the rights and permissions to do so. You, not PIFOP, will be fully responsible and liable for what you copy, share, upload, download, receive or otherwise use while using our services.
You are responsible for maintaining and protecting all of your content, and should always make sure to keep a local copy. We will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring it.
5.2 As a PIFOP Optimization Servers host
When you host a PIFOP Optimization Server (“Opt-Server”), you can list a number of PIFOP users that you allow to use your Opt-Server. These users will be able to upload files to your Opt-Server for the purpose of running mathematical/computer program(s). You are not allowed to read, copy, share or modify any of the content uploaded or generated by the users of your Opt-Server. You have no ownership over their content. You must leave the interaction with the content uploaded by your users and cached by your Opt-Server solely with the Opt-Server program itself. One exception to that rule is if you want to delete content that has been cached by your Opt-Server, in which case you are free to do it using system tools.
For debugging purposes, you can open and inspect the files and folders uploaded to your Opt-Server as long as you do so in an Opt-Server that (i) has no users allowed to use it other than yourself and (ii) does not have content uploaded by other users in its cache. That guarantees that you will only be inspecting content that you yourself have uploaded to your own Opt-Server.
You can stop and restart an Opt-Server at any moment at your discretion. You can delete your Opt-Server and all data associated with it, either generated by it or uploaded to it, at any moment at your discretion.
6. Prices, Payments and Taxes
Prices shown on the website are subject to change at any time.
If you pay using a credit card or any digital payment method supported by PIFOP, you authorize us to charge your account for our services using that payment method on a recurring basis, unless otherwise specified. If your payment details cease to be valid or you notify us to stop using a previously designated payment method and fail to designate an alternative, we may immediately suspend use and access to our services at the end of your paid subscription.
If you upgrade your account to a higher-tier subscription plan, we will charge you the additional cost for that upgrade in respect of the remainder of your (then current) payment period and update your new payment period according to your new subscription.
6.1 The "Enterprise" Subscription plan and Subscription Keys
For the Enterprise subscription plan, we allow for individual licenses to be purchased in bulk. This is accomplished by the Enterprise account owner through the acquisition of Subscription Keys, which they can "hand-out" to any other registered PIFOP user. Simply put, a subscription key is a "coupon" or "key" that any PIFOP user can use to upgrade their account to a better plan. This "coupon" or "key" is essentially sponsored by the Enterprise that owns that subscription key, for which they pay monthly or yearly, according to their plan.
An Enterprise subscriber can hand-out their subscription keys to any other PIFOP user without losing ownership over it. At any moment and at their discretion, they can take their keys back from other users even if that user is using that key, in which case they will immediately loose access to the features granted by the plan of that subscription key. There is no limit over how many times the subscription key owner can hand the key out and take it back.
A subscription key will be valid as long as the Enterprise subscription to which it is associated is valid, that is, while the Enterprise subscription is not cancelled or terminated.
6.2 Taxes
You will be responsible for payment of any Taxes in addition to our price. If we are required to collect or pay Taxes, the Taxes will be charged to you. This includes adding VAT at the checkout / to our invoice(s) at the appropriate rate based on information you provide to us. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order. Any assessment we make, at the time of purchase, of the amount or applicability of sales or other taxes will rely on the information you have provided and you agree to reimburse us on demand for any additional costs or expenses we might incur if such information is not accurate and complete.
Where we refer to "Taxes", we mean any duties, customs fees, levies or taxes (other than income tax) associated with the purchase or use of the Services, including any related penalties or interest.
7. Free trials and Refunds
All of our subscription plans provide either free trial periods or refund policies, but not both.
7.1 Free trial
We provide a 7 day free trial of the following subscription plans: Basic, Plus and Advanced. We still require you to provide a valid credit card at checkout. If you cancel your subscription before the trial period is over, you will not be charged anything. If you don't cancel your subscription before the trial period is over, you will be charged for the remainder of the billing period. We don't offer refunds to the aforementioned subscription plans.
7.2 Refund
We provide refunds to the following subscription plans: Pro and Enterprise. You are eligible to a full or partial refund if you cancel your subscription within 7 days after the first payment. The price of the Provisioned Opt-Server included in your plan, if any, will not be included in the refund. If you have a Provisioned Opt-Server and request a refund, we will provide you a partial refund consisting of the full price of your subscription plan minus the price of the Provisioned Opt-Server that you have selected, if any. For instance, if you have subscribed to the Pro plan at the price of 30 USD / month and request a refund, we will provide you a refund of 30 USD, regardless if you have paid any additional amount for having a Provisioned Opt-Server or not.
8. Termination
You can stop using our services at any time. If you wish to downgrade or cancel your subscription, you can do it via the Subscription management page, and the change will take effect immediately.
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
This clause does not affect your statutory rights as a consumer.
9. Liability
Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, PIFOP Solutions 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.
In no event shall PIFOP Solutions or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if PIFOP Solutions or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
10. Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. PIFOP Solutions does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
11. External Links
PIFOP Solutions has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by PIFOP Solutions of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
12. Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
13. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Florida, United States. You irrevocably submit to the exclusive jurisdiction of the courts in that state.
13.1 Export Controls
The U.S. export control laws do not allow the exportation of software and software services to countries or entities that are the subject of any prohibition imposed by the U.S. Export Administration Act of 1979, U.S. Executive Orders, the U.S. Department of Commerce, or the North Atlantic Treaty Organization (NATO), or any other applicable regulations of the U.S.
Therefore, we deny all of our services to every individual and company subject to such prohibitions. If we fail to detect unauthorized access to our services by automatic means and later discover that unauthorized access manually, we will promptly block every activity coming from that unauthorized origin.
14. PIFOP Solutions LLC Details
PIFOP Solutions is a limited liability company registered in the state of Florida, United States, under the EIN number 35-2734586. PIFOP Solutions was formerly known as LaModAl Solutions.
For any questions or concerns regarding these terms, you may contact us via:
- Email: contact@pifop.com
- Contact form: https://pifop.com/contact