1. Summary of Material TermsAs provided in greater detail in the EULA (and without limiting the express language of the EULA), you acknowledge the following:
- the service is provided “as is” without warranties of any kind and NOMBRE LEGAL DE LA EMPRESA SRL’s liability to you is limited;
- disputes arising hereunder will be resolved by binding arbitration;
- The Service is a platform enabling people seeking drafting, 3D rendering, and modeling services (“Clients”) to get drawings, 3D renderings, 3D animations, virtual tours. The results include one final rendering/drawing/3d animation/virtual tour, and one revision of it based on user comments (Clients are “Users”).
- Third-Party Fees. You may incur third-party fees through the use of the Service, such as fees charged by your Carrier for data usage. In addition, you may be subject to third-party terms, through your use of the Service, such as your Carrier’s terms of service. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
- Changes to the EULA. We may revise the EULA at any time by posting an updated version You should visit this page periodically to review the most current EULA because you are bound by it Your continued use of the Service after a change to the EULA constitutes your binding acceptance of the EULA.
- Eligibility If you are using or opening an account on the Service on behalf of a company, entity, or organization (each a “Subscribing Entity”), then you represent and warrant that you:
- are an authorized representative of that Subscribing Entity with the authority to bind such entity to the EULA and
- agree to be bound by the EULA on behalf of such Subscribing Entity.
- Children No part of the Service is directed to persons under the age of 13 IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
3. Scope of License to Users
- License Grant to You. The Service is licensed, not sold, to you for use only under the terms of the EULA Subject to your complete and ongoing compliance with the terms and conditions of the EULA, NOMBRE LEGAL DE LA EMPRESA SRL hereby grants you a personal, limited, revocable, non-transferable license to access and use the Website, in both instances solely for your own use or for the use of the Subscribing Entity on whose behalf you are authorized to act.
- License Limitations. You may not modify, alter, reproduce, or distribute the website. You may not directly rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions or otherwise exceed the scope of the licenses granted in the EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
- Applicability to Updates. The terms of the EULA will govern any updates provided to you by NOMBRE LEGAL DE LA EMPRESA SRL that replace and/or supplement the App unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
4. Registration and Eligibility
- Account Types and Registration. Anyone may browse the public-facing pages of the Service but to start the custom style profile, design plan, the client must register.
- Client. To become a Client, you must provide your email address, name, and password. You will also take a user survey (to help us determine your preferred design styles), provide us photos of your space, and will have the option to take a short phone call, complimentary, with your assigned designer. The designer will then provide you suggestions for your space as well as renders, drawings, and a shoppable list of products according to your service package selected.
- Account Security. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service You agree to notify us immediately of any breach in secrecy of your log-in information If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify NOMBRE LEGAL DE LA EMPRESA SRL by e-mail email@example.com You will be solely responsible for the losses incurred by NOMBRE LEGAL DE LA EMPRESA SRL and others due to any unauthorized use of your account.
5. Content You Submit; License Grants from You
- Your Content. If you are a Client, you may be able to create, post or share content, such as pictures of your space, floor plans and household objects (“Client Content”) NOMBRE LEGAL DE LA EMPRESA SRL claims no ownership or control over Your Content You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Service. You are responsible for protecting those rights.
- You Must Have Rights to the Content You Post. You represent and warrant that:
- you own Your Content or otherwise have the right to grant the license set forth in the EULA,
- the posting and use of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and
- the posting of Your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Service You also acknowledge and agree that Your Content is non-confidential and non-proprietary.
6. Third-Party Materials; NOMBRE LEGAL DE LA EMPRESA SRL Content
- You understand that by using the Service, you may encounter data, information, applications, materials, and other content from third parties, including other users (collectively, “Third-Party Materials”), and data, information, applications, materials, and other content from NOMBRE LEGAL DE LA EMPRESA SRL (collectively, “NOMBRE LEGAL DE LA EMPRESA SRL Content” and, together with Third-Party Materials, but excluding Your Content, “Service Content”), that may be offensive, indecent, or objectionable. Nevertheless, you agree to use the Service at your sole risk and that NOMBRE LEGAL DE LA EMPRESA SRL shall not have any liability to you for any Service Content that may be found to be offensive, indecent or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable. You use the Service and rely upon any Service Content accessible through the Service, at your sole risk.
- In addition, third-party services and Service Content that may be accessed from, displayed on, or linked to your device are not available in all languages or in all countries NOMBRE LEGAL DE LA EMPRESA SRL makes no representation that the Service, any third-party services, and Service Content are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.
8. Your Use of the Service and Service ContentYour right to use the Service is a privilege, not a right, and is expressly conditioned on the following:
- You may access the Service solely as intended through the provided functionality of the Service and as permitted under the EULA.
- You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without NOMBRE LEGAL DE LA EMPRESA SRL’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without NOMBRE LEGAL DE LA EMPRESA SRL.’s express written consent:
- altering, defacing, mutilating, or otherwise bypassing any approved software through which the Service is made available;
- using any trademarks, service marks, design marks, logos, photographs, or other content belonging to NOMBRE LEGAL DE LA EMPRESA SRL or obtained from the Service.
- You agree not to bypass, circumvent, damage, or otherwise interfere with any security or other features of the web designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
- You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling, or hacking of any aspect of the Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by the EULA, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by NOMBRE LEGAL DE LA EMPRESA SRL.
- You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent NOMBRE LEGAL DE LA EMPRESA SRL makes available the means for embedding any part of the Service or Service Content.
- You agree not to access, tamper with, or use non-public areas of the Service,NOMBRE LEGAL DE LA EMPRESA SRL’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of NOMBRE LEGAL DE LA EMPRESA SRL’s providers.
- You agree not to harass, abuse, harm or advocate or incite harassment, abuse, or harm of another person or group, including NOMBRE LEGAL DE LA EMPRESA SRL’s employees and other users.
- You agree not to provide any false personal information to NOMBRE LEGAL DE LA EMPRESA SRL or any other user, or create a false identity or impersonate another person or entity in any way.
- You agree not to create a new account with NOMBRE LEGAL DE LA EMPRESA SRL, without NOMBRE LEGAL DE LA EMPRESA SRL’s express written consent, if NOMBRE LEGAL DE LA EMPRESA SRL has previously disabled an account of yours.
- You agree not to solicit, or attempt to solicit, personal information from other users.
- You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users.
- You agree not to use the Service, without NOMBRE LEGAL DE LA EMPRESA SRL’s express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in the EULA.
- You agree not to gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service.
- You agree not to post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
- You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service or violate the regulations, policies, or procedures of such networks or servers.
- You agree not to violate any applicable federal, state, or local laws or regulations or the EULA.
- You agree not to assist or permit any persons in engaging in any of the activities described above.
10. OwnershipThe Service, Service Content, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of NOMBRE LEGAL DE LA EMPRESA SRL and its licensors Except for the limited licenses expressly granted to you under the EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under the EULA, either expressly, or by implication, estoppel or otherwise.
11. FeedbackWe appreciate hearing from our users and welcome your comments regarding the Service Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will:
- own, exclusively, all now known or later discovered rights to the Creative Ideas;
- not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas;
- be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
12. Consequences of Violating These TermsWe reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion We reserve the right to refuse to provide the Service to you in the future NOMBRE LEGAL DE LA EMPRESA SRL may review and remove any of Your Content at any time for any reason, including activity which, in its sole judgment: violates the EULA; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of the EULA and your use of the Service.
13. NOMBRE LEGAL DE LA EMPRESA SRL’s Liability
- Changes to the Service We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
- Content Accuracy We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including Designs Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service Use the Service at your own risk.
- Third-Party Websites The Service may include links to third-party websites and applications You are responsible for the decision whether you want to access or use them We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications You assume all risk and we disclaim all liability arising from your use of them.
- We make no promises and disclaim all liability of specific results from the use of the Service.
14. TerminationThe EULA is effective until terminated by you or NOMBRE LEGAL DE LA EMPRESA SRL. Your rights under the EULA will terminate automatically without notice from NOMBRE LEGAL DE LA EMPRESA SRL if you fail to comply with any term(s) of the EULA (including by violating any license restriction provided herein) You may terminate the EULA by deleting any termination of the EULA, you must immediately cease all use of the Service If you are a Winning Designer and terminate your account before you have completely delivered the Design Package, you may not be allowed to use the Service in the future.
15. Disclaimer“Released Parties” include NOMBRE LEGAL DE LA EMPRESA SRL and its affiliates, officers, employees, agents, partners, and licensors YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
- THE RELEASED PARTIES MAKE NO WARRANTY THAT
- THE SERVICE WILL MEET YOUR REQUIREMENTS,
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE,
- THE QUALITY OF ANY GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND,
- ANY ERRORS IN THE SERVICE WILL BE CORRECTED;
- ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
16. Limitation of LiabilityYOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NOMBRE LEGAL DE LA EMPRESA SRL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE;
- YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US;
- ANY OTHER MATTER RELATING TO THE SERVICE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
- IF YOU ARE A CLIENT, THE FEES YOU HAVE PAID TO NOMBRE LEGAL DE LA EMPRESA SRL,
- IF YOU ARE A DESIGNER, THE FEES PAID BY NOMBRE LEGAL DE LA EMPRESA SRL TO YOU
17. IndemnityYou agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from
- your use of or reliance on any third-party content,
- your use of or reliance on any NOMBRE LEGAL DE LA EMPRESA SRL Content or Designs,
- your breach of the EULA We will provide notice to you promptly of any such claim, suit, or proceeding.
18. Third-Party DisputesNOMBRE LEGAL DE LA EMPRESA SRL IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD-PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD- PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
- Assignment You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law, or otherwise, without the prior written consent of NOMBRE LEGAL DE LA EMPRESA SRL. NOMBRE LEGAL DE LA EMPRESA SRL may assign the EULA, including all its rights hereunder, without restriction.
- Survival The provisions of the EULA that are intended to survive the termination of the EULA by their nature will survive the termination of the EULA, including, but not limited to all sections.
- Contacting NOMBRE LEGAL DE LA EMPRESA SRL You can contact NOMBRE LEGAL DE LA EMPRESA SRL, by e-mail at firstname.lastname@example.org