1.1 The present Terms of Service constitute the legal framework for the relationship between Archisketch US, Samsung NEXT SF, 201 Spear Street Suite 1600 San Francisco, CA 94105 and the Users of their services (hereinafter “User”). Each of Archisketch and User are referred to as “Parties” for the purpose of these Terms of Service.
2. SUBJECT OF THE CONTRACT
2.1. Subject to these Terms of Service is the present and future use of online products, software and other services (collectively and hereinafter “services”) offered by Archisketch, paid or free of charge, by the User. The contractual relationship between Archisketch and the Users is defined by these Terms of Service as well as any individual licence agreements.
3. TERM AND TERMINATION
3.1. These Terms of Service shall apply during the period of use of the services of Archisketch. This Agreement shall commence on the date of availability of the Services and will remain in effect for an initial term of contract as stipulated online at the Archisketch website or separately agreed between the Parties; any exception may only be granted by Archisketch in writing. Upon the expiration of the initial term, this Agreement will automatically renew for successive renewal terms equal in duration to the initial term at the then current fees, if applicable, unless Customer specifically terminates the Services or Archisketch specifically terminates for any other reason as defined herein.
3.2. If either Party is in material breach of this Agreement, the other Party is entitled to terminate this Agreement for cause after having given the breaching Party a written notice of no less than ten (10) days, if the breaching Party has not remedied the breach to the satisfaction of the other Party. In addition, Archisketch may terminate the Agreement at any time at its sole discretion.
3.3. If the User violates any contractual provisions, by using particular services for unlawful purposes, making available illegal content or by threatening damage to the reputation of Archisketch, Archisketch is entitled at its sole discretion to deactivate the user profile without any delay and/or to immediately and without notice terminate the contract. The user is liable for the fees owed up until the regular termination of the agreement, as well as being liable for any of the additional costs incurred by Archisketch in connection with the immediate termination of the contract.
3.4. After termination of the contract Archisketch is entitled to delete the data of corresponding Users. or You agree and acknowledge that Archisketch has no obligation to retain the Uploaded Data, and may delete such Uploaded Data without prior notice (i) if You have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within ten (10) days’ notice of such breach or (ii) upon termination of this Agreement for any reason. If the Customer and/or User require Archisketch to assist in restoring Uploaded Data that has been deleted, if such recovery is possible, Archisketch will be entitled to request payment, at Archisketch’s standard rates, for such work.
3.5. Archisketch reserves the right periodically to review the Terms of Service and adjust them as necessary. Changes and additions to the present Terms of Service will be communicated to the User in writing by registered letter, by E-Mail (with receipt) or at the next login to the services. In written communication, the User has the right to raise objections within 30 days of receipt of the notification, or to terminate the contract at the end of the term. Without written notice within that period, the changes apply as if approved by the User.
3.6 For the avoidance of doubt, any termination by either of the Parties or the expiry of the term of this Agreement shall only have effect for the future, and shall have no retroactive effects.
4.1. Archisketch operates an internet platform for three-dimensional, interactive representation and editing of Interior design. The User is, among other things, able to convert 2D plans to 3D interactive models. The User is aware that the plans generated by them, by Archisketch, or by other means, represent three-dimensional, abstract models, and are not to be treated as exactly-to-scale for further processing. In particular, without limitation, the plans generated must not be used for the following purposes: Interior design, home-furnishing
4.2. The User takes note that the services provided by Archisketch are versions that are in development. Archisketch is continually striving to improve the services it provides in the interest of its Users. Archisketch has the right to extend or restrict the services provided to you at any time either in order to maintain standards of quality, or in response to technical or economic developments.
4.3. Archisketch strives to offer its services, within the limits of operational resources, around the clock, smoothly and without interruptions. Maintenance, troubleshooting, expansion of services, and measures to protect of the infrastructure of Archisketch can necessitate temporary interruptions of operation. The User is informed of such interruptions if circumstances allow.
4.4. Archisketch attends to the reliability and availability of its services with utmost care. Archisketch offers no guarantee that their services are accessible without interruption, that a connection to the servers is always possible, or that data stored in the systems under all circumstances remains stored.
5.1. The User is entitled to the proper and lawful use of services and products and undertakes to comply with these Terms of Service and any instructions from Archisketch, particularly with regard to maintenance, updating or deletion of software.
5.2. The User undertakes to select suitable passwords carefully, to keep them secure and to prevent third parties from accessing them. The User is solely responsible for any use of their passwords. In case the User finds an abuse of their account, they are to inform Archisketch immediately in writing (via e-mail receiving subsequent acknowledgement from Archisketch).
5.3. The User is responsible for meeting the technical prerequisites for proper access to Archisketch’s services. This concerns in particular hardware, operating software, Internet connection and up-to-date browser software. The usability of Archisketch services also presupposes that the User’s system accepts cookies sent by Archisketch. Further it requires the use of a computer system with a WebGL-capable graphical processing unit and a WebGL capable browser. The User is responsible for ensuring the appropriate settings. It is the responsibility of the User to take the measures necessary to safeguard their system. This includes, for example, the security settings of the browser, the installation of a firewall, the use of current software against computer viruses and a regular backup.
5.4. The User is obliged to immediately report to Archisketch any errors and interruptions of the services used by them. The User bears the cost of the isolation and troubleshooting of errors incurred by Archisketch if the cause of the fault is the behaviour of the User.
6. Responsibility of the User for content
6.1. The User is responsible for uploaded content which they submit, edit or distribute themselves or through the use of Archisketch, or otherwise hold for retrieval. The User is also responsible for content linked to any such information. Archisketch has no obligation to monitor the content made available by the User.
6.2. The User may not make any illicit content available in the use of Archisketch’s services. In particular, content which violates the rights of Archisketch or third parties, including intellectual property rights or privacy rights, is considered to be a violation.
6.3. Should concrete information or suspicion regarding the availability of illicit content arise, Archisketch is entitled to block the User profile of the person responsible wholly or partly and suspend the services provided by Archisketch. Archisketch is entitled to make technical arrangements through which misuse can be discovered, prevented and tracked.
7. Data Protection
7.1. Archisketch strives, where operationally possible, to ensure data protection and data security. Archisketch takes appropriate organizational and technical measures to protect personal data against unauthorized access. The use of personal data is carried out primarily for the purpose of the provision and improvement of services.
7.2. Archisketch procures and processes personal data only where appropriate and operationally necessary. The User takes note that a transfer of personal data to the possession of third parties abroad or in U.S may be required. Archisketch takes appropriate technical and organizational measures in the context of storage and other processing of User data to prevent unauthorised access and processing of this data. At the same time, Archisketch reserves the right to make personal data available to authorities or third parties, insofar as it is legally obliged to do so.
7.3. Archisketch is additionally entitled to store access data without personally identifiable information, such as the name of the Internet Service Provider, the page from which the User accesses Archisketch’s services or the name of a requested file. This data is evaluated first and foremost to improve the services of Archisketch and allows no inference on the identity of the User. Archisketch reserves the right to delete non-personally identifiable information or to disclose it to any third parties.
7.4. When using the services of Archisketch to enhance the attractiveness of the services or to allow the use of certain functions “cookies” are used. These are small text files that are stored on the User’s computer. So-called permanent cookies remain on the User’s computer and allow Archisketch to recognize the User. The storing of cookies can be restricted or switched-off in the settings of the User’s web browser.
7.5. The services of Archisketch use some items and services from third party service providers (so-called plugins) that allow the User access to social networks and other third-party offers. The plugins are marked with their appropriate logo. Third-party service providers include Facebook, Twitter, Google+ etc. When the User employs services which contain such plugins, their browser builds a direct connection to the respective servers. In the process, these providers may to a limited extent collect personal data about Users of Archisketch.
8. Warranty / Defects
8.1. Archisketch strives to provide its services thoroughly and professionally. The User acknowledges that even with utmost care malfunction of the software or the services of Archisketch cannot be entirely ruled out, and that the continuous functioning of the software cannot be guaranteed. Further, even with utmost care, Archisketch cannot guarantee that the data requested by the User be transmitted over the internet correctly and without delay.
8.2. The User must report error messages or defects to Archisketch within 30 calendar days after their determination, sufficiently documented and in writing. In case of defects the User is entitled to repair or a reduction of the payment during the period of the defect. The avoidance or suppression of a defect is considered permissible repair. If a repair of a defect is not possible, the User is entitled to terminate the contract.
9.1. Archisketch accepts no liability for damages that arise to Users due to misuse or loss of access data which it licensed and allocated to the User (user ID, password). The User is solely responsible for securing their data.
9.2. Compensation claims against Archisketch are excluded, unless the damage was caused intentionally or by gross negligence. Liability for consequential, indirect damage or consequential damage is expressly excluded. These excluded damages include in particular lost profit, loss of production, reputational damage and damages arising from loss of data.
10. Intellectual Property & Copyright
10.1. For the duration of the contract the User of the services receives from Archisketch the non-transferable, non-exclusive right to use of these services. Irrespective of anything to the contrary in this agreement no intellectual property rights are transferred from Archisketch to a User, in particular no intellectual property rights in connection with the software required to produce the 3D interactive models.
10.2. All rights to existing intellectual property or intellectual property developed in performing the contract with regard to the services of Archisketch remain with Archisketch or the third party employed by Archisketch. In particular, the copyrights and other intellectual property rights relating to the 3D interactive models, which are produced by Archisketch based on the 2D plans provided by the User, remain with Archisketch. Archisketch grants to the Users a non-transferable, non-exclusive right to use these 3D interactive models.
10.3. All online documents and web pages as well as their parts are protected by copyright, and it is permissible to copy them and print them out only for private, scientific and noncommercial use.
11. Applicable Law and Jurisdiction
11.1. Any disputes arising from these Terms of Service, and all cases out of or in connection with the contractual relationship between Archisketch and the User, USA law shall apply.
11.2. In the case of any disputes, the ordinary courts in USA