Last updated: 17.10.2020
1. Creatomus Service
1.1. Creatomus Service is an online interactive tool which can be used to design and configure a 3D model of a house or room(s), try out several design options, save and share them with your friends and family online. Design and configuration options are provided by Creatomus’ partners who use the Service and Platform as Content Managers.
1.2. After designing and configuring a 3D model of a house, the Platform can be used to contact a Content Manager by filling a contact form to get additional information regarding the house and construction from the Content Manager. In such a case, your design solution together with your relevant personal data (name, e-mail address, address, content of your message) will be sent to the specific Content Manager who has made relevant design templates available through the Platform. Please note that the services by the Content Manager (such as construction services, more specific design services, etc.) may be subject to the fees as set by the Content Manager. Such applicable fees shall be agreed between the End-User and the Content Manager separately and Creatomus will not be a party to such agreement(s).
1.3. Since the designs and configuration options available through the Platform are provided by Content Managers (and not by Creatomus), Creatomus is not responsible for any designs and products and construction of the houses available through the interactive tool. Among other things, Creatomus is not responsible that such designs and products meet the requirements of applicable planning, construction, safety and other applicable regulations, or that any of the products are actually available for purchase. Creatomus does not guarantee that the prices indicated in the Service match the actual final prices.
2. Account and accessing the Service
2.1. To gain access to the full Service, including the ability to save and share your designs, you need to register an account on our web site. You can sign up with Facebook, Google or by providing us your e-mail address and a password. By doing so, you are entering into a binding Agreement with Creatomus.
2.2 You confirm that any registration information submitted is true, accurate, and complete. Details of the required registration information are provided on the website. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
2.3. If you are a natural person, then in order to enter into the Agreement, you must be at least 18 years of age or have a valid authorization from your legal representative or custodian. If you are a legal entity, you must be duly incorporated and have full legal capacity. If you are entering into the Agreement on behalf of a legal entity, such as your employer or the company you provide services to, you represent that you have the legal authority to bind that entity.
2.4. The Agreement is considered entered into as of accepting the Terms of Service. The Agreement shall further extend to any new features, functions, enhancements and developments to the Service, including the release of new tools.
2.5. You are responsible for safeguarding the password that you use to access the Service and for any actions done under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
3. Fees and Payment
3.1. The Service and use of the Platform may be subject monthly, fixed or other fees (each a “Fee”) payable by the Content Manager as specified in the price list made available via the Platform or as communicated by Creatomus to the Content Manager by e-mail or any other means of communication.
3.2. If the Service and use of the Platform is subject to Fee(s), such Fee(s) shall be paid by you based on the invoice(s) issued by Creatomus. Each invoice submitted by Creatomus becomes due and payable within 14 calendar days of the date of the invoice. In case of delay in any payments, we may request that you pay a delay interest of 0.05% of the delayed amount per each day of delay.
3.3. We reserve the right to change the Fees payable from time to time. We will notify you about such changes through the Platform or by e-mail at least 30 days in advance.
4.1. We may extraordinarily terminate the Agreement or suspend your account immediately, without prior notice, if it is necessary to ensure the security of our web site or other users of the Service. We may also extraordinarily terminate the Agreement or suspend your account immediately if you have materially breached the Terms. Material breach includes, among others, any breach which you have not remedied within seven days after we have notified you about such breach.
4.2. We may ordinarily terminate the Agreement with you at any time without a reason, by providing at least 30 days in advance notice to you.
4.3. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. Your account and all data shall be deleted after 24 months since the last activity on the account. If you wish that we delete your data earlier, you may contact us via contact details provided below.
5. Intellectual property rights
5.1. Subject to these Terms you are granted a limited non-exclusive, non-sublicensable and non-transferable license to use the Service. Creatomus and its licensors (that may include the Content Managers) own all intellectual property rights relating to the content, services and the website (“IPR”). The IPR includes but is not limited to house designs and construction information, photos, 2D images, 3D images, graphics, videos, text, trademarks, logos, codes, designs and other material and components that is included on the web site or is made available upon provision of the Service. IPR are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2. By using the Service, you are provided the opportunity to create a house design by using the configurators and templates as provided on the Platform. All IPR to such designs shall belong to Creatomus and its licensors (that may include the Content Managers) and by creating a design you do not obtain any IPR to such designs.
5.3. You are not allowed to lease, rent or commercialise in other way software or other features provided through the provision of the Service. You understand that your use of the Service does not grant you ownership of any content to the Service.
5.4. Unless provided by applicable law, you shall not modify, translate, disassemble, decompile or re-engineer a part or the whole of the Service.
5.5. It is prohibited to:
5.5.1. use the Servicefor any unlawful purpose;
5.5.2. solicit others to perform or participate in any unlawful acts;
5.5.3. violate any international or local regulations, rules and laws;
5.5.4. harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
5.5.5. submit any false or misleading information;
5.5.6. upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service;
5.5.7. spam, phish, pharm, pretext, spider, crawl, or scrape;
5.5.8. use the Services for any obscene or immoral purpose;
5.5.9. interfere with or circumvent the security features of the the Serviceor any related website, other websites, or the Internet;
5.5.10. use the Serviceif you are not able to form legally binding contracts (for example if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
5.5.11. transfer your account to another party;
5.5.12. circumvent any technical measures we use to provide the Service.
6. Warranties and Limitation of Liabilities
6.1. The Service and any content, or features made available in conjunction with or through provision of the Service is provided “as is” and “as available”. All warranties, representations, guarantees, conditions and terms, other than those expressly set out in these Terms, whether express or implied by statute, common law, trade usage or otherwise and whether written or oral are hereby expressly excluded to the fullest extent permissible by law.
6.2. In no event shall Creatomus be liable for any loss of profits, loss of business, loss of anticipated savings, loss of data, business interruption, loss of use, loss of contracts, loss of goodwill and reputation (whether direct or indirect), waste of management time; or any indirect, special or consequential losses of any nature whatsoever, whether or not caused by or resulting from its negligence or a breach of its statutory duties or a breach of its obligations howsoever caused even if it is advised of the possibility of such loss.
6.3. Creatomus will take reasonable efforts to ensure that the Service is available 24 hours a day, 7 days a week although no guarantee is made of uninterrupted access. Access may be interrupted for scheduled and unscheduled maintenance purposes plus systems outages
6.4. Including, but not limited to, we shall not be responsible for the following:
6.4.1. any permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the Service;
6.4.2. any interruption or cessation of transmission to or from the Service;
6.4.3. any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Service;
6.4.4. deletion of, corruption of, or failure to store any content or data;
6.4.5. any disclosure, loss or unauthorized use of the login credentials due to your failure to keep such credentials confidential;
6.4.6. the incompatibility of technologies used for accessing the Service, for example if certain features, functions, parts or elements of the Services are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet.
6.5. You agree to indemnify us, our partners and sub-contractors engaged in provision of the Service against any costs, damage, claims (including but not limited to claims of third parties), liabilities and expenses incurred as a result of your violation of this Agreement, any provisions of the applicable law or provisions of third party contract.
6.6. In any case, our liability for violation of this Agreement shall be limited to the monthly fee actually paid to us for the Service provided hereunder.
6.7. For the avoidance of doubt, nothing in these Terms shall be deemed to exclude, restrict or limit the liability of either party for death or personal injury or for any damages caused intentionally or by gross negligence or for any intentional breach of the Agreement.
7.1. We reserve the right to modify or replace these Terms at any time if it is necessary due to technical or other substantial developments in our Service or required by changes in legislative acts or legal practices or if there is a material change in our risks, liabilities, costs and expenses relating to the provision of the Service. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
7.2. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
8. Governing Law
8.1. These Terms shall be governed and construed in accordance with the laws of Estonia, without regard to its conflict of law provisions.
8.2. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
9. Contact Us
If you have any questions about these Terms, please contact us:
Creatomus Solutions OÜ
Tatari str 64, Tallinn 10134, Estonia (registered office address)