Terms of service
This document (the "Terms of Service") is a legally binding agreement between you ("you" or the "Customer") and Modulize AS ("Modulize" or "Service Provider") that governs your use of the "Modulize Software" as provided as an online service by Modulize.
- CONTRACT FORMATION
By establishing an account and using the Modulize Software (as defined herein), or any other services of Modulize, you are agreeing to be bound by the terms and conditions set out in these Terms of Service as applicable from time to time.
Modulize has developed a unique and scalable software solution for takeoff calculations and other BIM and building design analysis, herein referred to as the "Modulize Software". The Modulize Software is hosted and maintained by the Service Provider and provides Customer with a web-based access for use of the Modulize Software.
The present Agreement governs the terms and conditions for the Customer's access to the Modulize Software and apply for the full term of service as described herein.
- SCOPE OF SERVICES
On the terms and conditions set out herein, the Service Provider will perform the following services for the Customer:
1. Grant access to the use of the Modulize Software for a specified number of users for the term of the Agreement;
2. Provide access to updates and improvements of the Modulize Software for the benefit of the Customer made available by Modulize during the term of the Agreement;
3. Assist in set up and initial training for the Customer in use of the Modulize Software; and
4. Assist the Customers end users on issues and questions related to the use of the Modulize Software, as well as provide support in the event of defects or malfunctions to the Modulize Software.
- ABOUT THE SERVICE
The Customer will, for the term of the Agreement, be granted a non-exclusive access to the Modulize Software for its internal use.If the Customer during the term of the Agreement should require amendments, improvements or changes to the Modulize Software as described herein, and which is not part of the standard update services of Service Provider, this will be subject to a separate agreement on commercial terms.
- CHANGES TO THE TERMS OF SERVICE
Modulize reserves the right to update and change the Terms of Service from time to time without notice and at its sole discretion.Any new features or tools which are added to the current Modulize Software shall also be subject to the Terms of Service. Continued use of the Modulize Software after any such changes shall constitute your consent to such changes.
You can review the most current version of the Terms of Service at any time at https://www.modulize.io/terms. Modulize reserves the right to update and change the Terms of Service by posting updates and changes to its website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
- BREACH BY CUSTOMER
Violation of any of the terms set out in these Terms of Service will result in the termination of your access to the Modulize Software. You agree to use the Modulize Software at your own risk.
1. You must provide your full name, a valid email address, and any other information requested in order to complete the signup process.
2. A single username and password ("login") may only be used by one person. For enterprise customers, you will need an individual login for each user in your organization.
3. You are responsible for keeping your password secure. Modulize cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
4. You remain responsible for the activity that occurs under your user account(s), and must notify Modulize immediately of any breach of security relating to or unauthorized use of any user account(s).
5. You may not use the Modulize Software for any illegal or unauthorized purpose.
6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Modulize Software without the express written permission by Modulize.
7. A breach or violation of any of these Terms of Service, as determined in the sole discretion of Modulize, could result in an immediate termination of your services. In the event of a termination hereunder, Modulize will retain a copy of your aggregated data which will be provided to you in a format to be determined by Modulize.
- GENERAL TERMS AND CONDITIONS
You must read, agree with and accept all of the terms and conditions contained in this Terms of Service before you may start to use the Modulize Software:
1. We reserve the right to modify or terminate the Modulize Software for any reason, without notice at any time.
2. Your use of the Modulize Software is at your sole risk. The Modulize Software is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory. You will remain responsible for all data generated through your use of the Modulize Software.
3. Modulize does not warrant that (i) the Modulize Software will meet your specific requirements, (ii) the Modulize Software will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Modulize Software will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Modulize Software will meet your expectations, and (v) any errors in the Modulize Software will be corrected.
4. Technical support is provided at the Service Provider's discretion, unless otherwise contractually agreed.
5. You understand that Modulize uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Modulize Software.
6. You expressly understand and agree that in no event shall Modulize, be liable 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 Modulize has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Modulize Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Modulize Software; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Modulize Software; (v) or any other matter relating to the Modulize Software.
7. Questions about the Terms of Service should be sent to support email email@example.com.
- MODIFICATION AND CHANGES TO PRICES AND COMMERCIAL TERMS
Prices of all Modulize Softwares, including but not limited to monthly subscription plan fees to the Modulize Software, are subject to change upon 30 days' notice from Modulize.
1. You shall own all rights; title and interest in and to all of the data generated through use of the Modulize Software and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of such data.
2. All data processed in, through or in relation to the Modulize Software are localized in the EU. Both Parties shall comply with all applicable data protection regulations regarding storage, use, transfer and processing of any data or personal data. In particular, both Parties hereby agree to comply with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679). The roles and responsibilities of the Parties with respect to processing of personal data is otherwise governed exclusively under the terms of the Data Processing Agreement entered into between the Parties.The Service Provider shall only process personal data in accordance with the Data Processing Agreement and any further documented instructions by the Customer.
3. The Service Provider has administrator access to data uploaded to the Modulize Software in order to be able to provide the Customer with the agreed services, including any user support. The Service Provider shall still have the right to utilize data for the improvement of the Modulize Software. Any such processing will be subject to data minimization as well as adequate security measures, protecting the data from any unlawful processing and data breach.
- PAYMENT PROVISIONS
1. The Modulize Software is a Software As A Service subscription model and the current price is 1000 NOK (100 euros) per user per month. Prices are subject to change on a monthly basis.
2. The Modulize Software is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.
3. All fees are exclusive of all taxes, levies, or duties, including VAT, imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, to the extent applicable.
- TERMINATION OF SERVICE
1. You can cancel your account at any time, in writing to, and following confirmation from, the relevant account manager at the Service Provider.
2. Your cancellation will take effect immediately and you will not be charged again. However, no refunds will be issued for any previous charges, in whole or in part.
3. Unless otherwise instructed through the cancellation procedure, all of your Content will not be accessible on theModulize Software upon cancellation. This information cannot be recovered once your account is cancelled. However, if so requested Modulize will provide you with a copy of the data stored in your account in a format to be determined by Modulize with no extra charge.
- PROPRIETARY RIGHTS
The Customer acknowledges and agrees that Modulize and/or its licensors own all intellectual property rights in the Modulize Softwares. Except as expressly stated herein, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Modulize Softwares
Corporate clients agree that Modulize can use your name and appropriate branding elements as a user-reference in marketing etc.
- GOVERNING LAW
Unless otherwise dictated by mandatory law, the terms of this agreement are governed by the laws of Norway. Any disputes shall be subject to the exclusive jurisdiction of Oslo tingrett, Norway.