Terms of Service

Updated 6.11.2018

1. General

These general terms and conditions (“Terms”) apply to service (“Service”) provided by CubiCasa entities. The Service means all of the CubiCasa products, deliverables, features, applications, services, technologies, and software that we provide.  The contents of the Service may change from time to time.

We (“we” or “us” or “our”) govern your access to and use of our Service. You are responsible for your use of Service and for any Content you provide, including compliance with applicable laws, rules, and regulations. Accurate information must be supplied by the User when using services.

The Service is owned and operated by CubiCasa and its entities. 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.

Using the Service indicates that you accept these Terms and any policies and guidelines of CubiCasa incorporated herein by reference. If you do not accept these Terms or such policies or guidelines, you may not use 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.

2. Service

Background Information is material submitted by You (“Background Information”). Based on the Background Information we will process the order and deliver the contents of Your order, be they 3D models, 2D or 3D floor plans or other deliverables (“Deliverables”).

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.

3. Ownership

3.1 Service

The software and other technology used to provide the Service and any amendments thereto are protected by copyright, trademark, and other intellectual property laws of respective jurisdictions. CubiCasa and its licensors own all rights, title and interest (including all associated intellectual property rights, in each case whether registered or unregistered, and related goodwill) in and to the Service. CubiCasa and its licensors reserve all rights in and to the Service not expressly granted to you in these Terms. No portion of the Service may be copied, reproduced, republished, modified, used to create derivative works from, decompiled, reverse engineered, disassembled, uploaded, posted, transmitted, exploited, or distributed in any way without the prior written permission of CubiCasa (other than as needed for your computer or device to interface with the Service). The citation of the documents and pages with a correct statement of the source and the setting of links to our Service is expressly allowed.

3.2 The Background Information  

By using the Service you shall submit us information to which you shall maintain ownership, but you give us an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, modify, reproduce, display, publicly perform, transmit and distribute any such material, without any payment or accounting to you or others. In case Background Information you submit to us contains personal data, we shall process it in accordance with our privacy notice and privacy legislation.

3.3 Deliverables

By Deliverables we mean material based on Background Information You submit to us. Deliverables are protected by copyright and other intellectual property rights. We shall deliver to you the Deliverables through the Service.

We maintain ownership to Deliverables. We grant you a revocable, limited, non-exclusive and non-transferable license to use the Deliverables in your business.

However, CubiCasa encourages you to do any of the following:

• Use the functionalities of the CubiCasa Service and view any content available on the CubiCasa service through the functionality included in the Service
• Download any Deliverable you are authorized to access via the Service and display Deliverable on your Service
• Link to any page of the CubiCasa Service, including on any of your websites or blogs or through any of your social networking outlets;
• Link to any Deliverable available on the CubiCasa Service;

We do not any take responsibility for the changes you make to Deliverables, for example, by using the CubiTool. You shall display and publicly perform Deliverables only with a correct statement of the source (CubiCasa) and the setting of links to our website.

3.4 Trademarks

These Terms do not grant you any rights to use the CubiCasa or other trademarks, logos, domain names, or other brand features whether registered or unregistered. You may not reproduce, download or otherwise use any such trademarks, logos, domain names, or other brand features (other than included in Deliverables or needed for your computer or device to interface with the Service) without the prior written consent of the appropriate owner thereof.

4. Fees and Terms of Payment

To the extent you purchase any Deliverables and/or Services from CubiCasa, you agree to pay for all goods and services ordered from CubiCasa except as set forth in a writing signed by an authorized representative of CubiCasa.

You shall provide CubiCasa with valid and updated credit card or approved purchase order information and with CubiCasa and accurate billing and contact information. If you provide credit card or other authorized payment method information to CubiCasa, you authorize CubiCasa, or a payment processor of its choosing (currently, Stripe) to bill such credit card or to make such charges as applicable. If CubiCasa, in its sole and absolute discretion, permits you to make payment using a method other than a credit card or other authorized payment method, CubiCasa will invoice you at, or within a reasonable period of, the time of the purchase request. All amounts invoiced hereunder shall be due within two weeks (14) days of the date of the invoice.

5. Your Responsibilities With Respect To The Service

You are responsible for acquiring and maintaining the equipment, connections and software needed for the use of 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.

6. Representations, Warranties and Indemnification

You agree, represent and warrant that any information you transmit to or through the Service is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. CubiCasa has the right, but not the obligation, to monitor all conduct on, and content submitted to, the Service. Certain information collected from you on the Service is subject to CubiCasa’s privacy notice

For any such material that you submit, you represent and warrant that:  (a) you have the right to submit the material to CubiCasa and grant the licenses set; (b) CubiCasa will not need to obtain licenses from any third party or pay royalties to any third party; (c) the material does not infringe any third party’s rights, including intellectual property rights, trade secrets and privacy rights; and (d) the material complies with these Terms and all applicable laws.

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 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.

7. Disclaimers and Limitations of Liability

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, The CubiCasa entities make no claims make no claims or promises about the quality, accuracy, or reliability of the Service, its safety or security, or the Service content. Accordingly, The CubiCasa entities are not liable to you for any loss or damage that might arise, for example, from the Service’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 Service.

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 Service, 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.

The CubiCasa entities maximum aggregate liability to you for losses or damages that you suffer in connection with the Service 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 Service 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.

8. Restrictions

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 of Service 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 agree not to, and will not assist, encourage, or enable others to use the Service to:

• Violate our Service 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 Service for commercial purposes, except in connection with a Enterprise Account and as expressly permitted by CubiCasa;
• Engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results or any third party Service; or Violate any applicable law.
• Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
• Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
• 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 Service;
• Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
• Use the Service or any Service 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 Service, or otherwise attempt to interfere with the proper working of the Service;
• Use the Service 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 Service or Service Content; or
• Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.

9. Force Majeure

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.

10. Term and Termination

These Terms comes into force when they have been published. These Terms shall apply to the Service as long as you use the Service.

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.

11. 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.