General Terms and Conditions
These general terms and conditions (the “Terms”) of the automated modeling service and related webpage (the “Service”) provided by CubiCasa Oy. (“we” or “us” or “our”) govern your access to and use of our website and the Service. Use of the Service requires you to register into the Service and provide us with information requested on our website. In case your contact or other information required for the use of the Service changes you shall provide us with the respective information without delay.
- We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
- We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
- Except as otherwise, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- Any failure on CubiCasa’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with CubiCasa’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
You enter into the agreement with us and agree to be bound by these Terms by using the Service. In case you use the Service on behalf of an entity or organization you enter into the agreement with us on behalf of such entity or organization and warrant that you have an authority to bound such entity or organization into this agreement. Service may be used only by adults with legal capacity and in compliance with these Terms. If you do not agree with these Terms, please do not use the Service.
The Service enables you to deliver and upload floor plans of buildings and apartments to the Service (”Background Information”). Based on the Background Information we will process the order and deliver the contents of the order, be they 3D models (“3D model”), 2D or 3D floor plans (”Floor Plans”) or other deliverables. Our intention is to deliver the Floor Plans to you through the Service within one working days after successful download of the Background Information to the Service.
Maximum size of the file uploaded to the Service is 10 MB. Background Information uploaded to the Service is stored on our server at least for twelve (12) months and, however, as long as deemed necessary. The Service may continue to change over time as we refine and add more features.
We have the right, without hearing you, prevent your access to the Service and remove all Background Information or other information you have uploaded to the Service, if we have a reasonable doubt that you upload to the Service information that we considered inappropriate or that may endanger the use of the Service by other users or production of the Service to or other users, or if you otherwise violate these Terms, applicable law or good manners.
We intend to keep the Service in constant use but may stop, suspend, or modify the Service at any time as deemed necessary. We have the right to interrupt the production of the Service, inter alia, due to maintenance work of, or a security threat for the telecommunications network or Service or if the law or regulatory provision so requires.
Background Information and Floor Plans
We shall deliver to you the deliverables through the Service to which we shall retain the full title and ownership. You may use the deliverables freely in your own use as long as you pay for us for the use of such deliverable in accordance with these Terms and our price list.
Fees and Terms of Payment
You shall pay for the Service and use of the deliverables fees informed on our website, as amended.
Once you have created an account and provided your credit card information, the Service is invoiced upfront. Any additional charges that may occur during the billing cycle will be added to the next monthly invoice.
In case you will not pay the fees due you shall be liable to pay the penal interest calculated in accordance with the Finnish Interest Tax Act. In addition to the above mentioned, we are entitled to suspend the use of the Service until all fees due and accrued interest is paid.
The software and other technology used to provide the Service and any amendments thereto are or may be protected by copyright, trademark, and other intellectual property laws of respective jurisdictions and belong to us or to a third party. In addition to the right to use the Service in accordance with these Terms, these Terms do not grant you any right, title, or interest in the Service or related software or technology, or the content in the Service. These Terms do not grant you any rights to use the CubiCasa or other trademarks, logos, domain names, or other brand features. We have the right to use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you.
Your Responsibilities with respect to the Service
You are responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security.
You are responsible for acquiring and maintaining the equipment, connections and software needed for the use of the Service. You are responsible for protection of your computer system and telecommunications.
You are responsible for your conduct, the content of your Background Information, and your communications with others while using the Service. You are responsible for maintaining and protecting all of your Background Information and you must take care of the Background Information and email back-up copies. We are not liable for any loss or corruption of your Background Information or for any costs or expenses associated with backing up or restoring any of your Background Information.
You must not use the Service to harass, threaten, impersonate, or intimidate anyone. You must not upload, post, email, transmit, or otherwise make available (a) any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or (b) any content that is in violation of copyright, trademark or other law protecting intellectual property in any jurisdiction, or that violates any individual’s publicity or privacy rights, or (c) any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate links”, or any other form of solicitation. You must not upload or transmit any worms or viruses or any code of a destructive nature. You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws). You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
Representations, Warranties and Indemnification
When you upload Background Information on or through the Service, you represent and warrant that, with respect to all Background Information that you upload, transmit, publish and disseminate through the Service, (a) you have all the rights necessary to use, reproduce, publish, display publicly, perform publicly, distribute or otherwise exploit such Background Information in connection with the Service and these Terms and to grant us all required rights and licenses to deliver such Background Information further and (b) the Background Information will not infringe or otherwise violate the copyright, trademark or other intellectual property rights of any third party.
You shall indemnify and hold us, our affiliates, employees and directors harmless from against any and all loss, liability, costs, claims, damages, expenses (including the fees of lawyers and other professionals), suffered, incurred or sustained by or asserted against us in relation to or as a result of the Background Information, misuse of the Service or a breach of these Terms or the agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE CUBICASA SERVICE ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
9 THE SERVICE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE CUBICASA ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE CUBICASA ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE CUBICASA ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
10 THE CUBICASA ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, THE CUBICASA ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
11 THE CUBICASA ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE CUBICASA ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
12 YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
13 THE CUBICASA ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE CUBICASA ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100 USD.
THE CUBICASA ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the Site to:
Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by CubiCasa;
Engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third party website; or
Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
Violate the Terms;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by CubiCasa;
Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
Reverse engineer any portion of the Site;
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
Reformat or frame any portion of the Site;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on CubiCasa’s technology infrastructure or otherwise make excessive traffic demands of the Site;
Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
We may delay the delivery or terminate the agreement or change the Service and shall not be liable for delay or damage due to reason beyond our control, which we could not have reasonably taken into account at the time of conclusion of the agreement or consequences of which we could not reasonably have avoided or overcome. We shall without delay inform you of a force majeure event and the termination of such force majeure event.
Parties shall use and disclose confidential information of the party to any third party only in accordance with and as allowed by these Terms. Each party shall protect and safeguard the confidential information of the other party at least in the same manner in which it protects its own equivalent confidential, and trade secret information, but in no event less than a reasonable degree of care.
You may not assign these Terms or the agreement with us in whole or in part without our prior written consent. We may assign these Terms and the agreement with you to a third party. Any failure of a party to enforce any provision of these Terms or the agreement shall not be deemed a waiver of that or any other provision of these Terms or the agreement
Term and Termination
These Terms comes into force when they have been published. These Terms shall apply to the Service as long as the Service is used and available.
We may terminate these Terms and the agreement with you immediately if (i) you or your property has been ordered to be released in bankruptcy or liquidation, or (ii) you breach these Terms and have not remedied such breach within thirty (30) from the notice of such breach.
Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the substantive laws of Finland.
Any dispute, controversy or claim arising out of or relating to these Terms or the agreement between us or a breach, termination or invalidity hereof shall be settled by arbitration in accordance with the Arbitration Rules of the Finnish Central Chamber of Commerce. The arbitration shall be held in Oulu, Finland and the arbitration proceedings shall be conducted in English. The award shall be final and binding upon the parties and enforceable in any court of competent jurisdiction. Nothing in these Terms or the agreement shall be deemed to limit the right to seek interim injunctive relief or to enforce an arbitration award in any court of law.