1. Creatomus Service
1.1. Creatomus Service is an online interactive tool which can be used by End-Users to design buildings using the library of components made available by Content Managers.
1.2. Content Managers can use Creatomus Service as content creators and are given access to administrative interface, where the Content Managers can add or change the Content displayed on the Platform to the end-users (End-Users) and see End-User queries and related information.
2. Account and accessing the Service
2.1. To gain access to the Service, 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 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 the Content Manager 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 the School to 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. Except as provided below with respect to the Content, Creatomus and its licensors own all and any 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. Unless provided by applicable law, you shall not modify, translate, disassemble, decompile or re-engineer a part or the whole of the Service.
5.3. By using the Service, the Content Manager may create or upload works or content that are protected by intellectual property rights (“Content”). You confirm and shall be liable that Content does not infringe any rights of any third party, including any intellectual property rights. The Content Manager or the owner of the Content on whose authority the Content Manager is using the Service (such as the employer or contractor of the 5.4. Content) shall remain the owner of all Content. By uploading Content you grant Creatomus a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable right and use, reproduce, publicly display, distribute and amend the Content to the extent that this is necessary for provision of the Service to you and to the End-Users and for the purposes of developing, distributing, providing, improving, and promoting the Service.
5.5. It is prohibited to:
5.5.1. use the Service for 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 Service or any related website, other websites, or the Internet;
5.5.10. use the Service if 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. Personal Data Processing
6.1. As part of the Service, the End-Users are provided the opportunity to contact the Content Manager through the Platform.
6.2. When the End-User selects to contact the Content Manager on the Platform, the Content Manager is forwarded the design solution created by the End-User, together with the related information about the End-User (name, e-mail address, address, content in the message by the End-User).
6.3. Content Manager agrees to process personal data in accordance with the terms of Personal Data Processing Agreement concluded as Annex 1 to this Agreement.
7. Warranties and Limitation of Liabilities
7.1. 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.
7.2. 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.
7.3. 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
7.4. Including, but not limited to, we shall not be responsible for the following:
7.4.1. any permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the Service;
7.4.2. any interruption or cessation of transmission to or from the Service;
7.4.3. any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Service;
7.4.4. deletion of, corruption of, or failure to store any content or data;
7.4.5. any disclosure, loss or unauthorized use of the login credentials due to your failure to keep such credentials confidential;
7.4.6. 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.
7.5. 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.
7.6. 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. 7.7. 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.
8.1. 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. 8.2. 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.
9. Governing Law
9.1. These Terms shall be governed and construed in accordance with the laws of Estonia, without regard to its conflict of law provisions.
9.2. 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.
10. 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)
PERSONAL DATA PROCESSING AGREEMENT
This personal data processing agreement (the “Data Processing Agreement”) is an annex to the agreement (the “Agreement”) between Creatomus and the Content Manager (each also a “Party” and collectively the “Parties”) under which Creatomus provides to the Content Manager the Platform to in accordance with the terms of the Agreement (the “Services”).
In connection with the provision of the Service under the Agreement, Creatomus processes certain personal data for the Content Manager. To ensure the secure, correct and lawful processing of the personal data, the Parties have agreed to supplement the Agreement and enter into this Data Processing Agreement as an Annex to the Agreement.
In case of a conflict between the Agreement and the Data Processing Agreement with regard to the processing of personal data, the Data Processing Agreement shall prevail and apply.
1. GENERAL PROVISIONS
1.1. The terms used in the Data Processing Agreement are used in the meaning given to them in Article 4 of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter the “GDPR”) or in the meaning given to them in the Agreement.
1.2. In the context the GDPR, the Content Manager and Creatomus are both independent data controllers regarding the personal data transferred or made available to the Party in the course of using Creatomus Platform.
2. GENERAL OBLIGATIONS OF THE PARTY
2.1. Each Party shall process personal data only in accordance with applicable law, the terms of the Agreement and the terms of this Data Processing Agreement.
2.2. Each Party shall process personal data only for the purposes described in this Annex A.
2.3. If required by applicable law, a Party shall designate a competent data protection officer in accordance with applicable law and shall provide to the other Party the name and contact details of the data processing officer.
2.4. Each Party shall keep records of all the data processing operations carried out on behalf of such Party in accordance with the requirements under the GDPR.
3.1. Each Party shall ensure the confidentiality of the personal data processed on behalf of such Party.
3.2. Each Party shall ensure that no unauthorised third parties can access the personal data processed on behalf of such Party. Unauthorised third parties include, for example, employees present in the Party’s premises who do not need access in relation to the performance of their duties or other service providers, for example, IT service providers etc. who in this specific case do not need access to the personal data in relation to the performance of their duties.
3.3. Each Party shall ensure that all the representatives, employees of such Party and other persons who through such Party come into contact with the personal data processed on behalf of such Party are subject to the confidentiality obligation assumed under a contract or the law and such Party shall ensure that its representatives, employees and other persons acting for its benefit maintain the full confidentiality of the personal data.
3.4. Each Party shall ensure that all the representatives, employees of such Party and other persons who through such Party come into contact with the personal data processed on behalf of Party have received appropriate training and instructions for the processing of personal data in accordance with the Agreement, Data Processing Agreement and applicable law.
4. SECURITY MEASURES
4.1. Each Party shall ensure the security of personal data processing for the purposes of protecting personal data from accidental or unauthorised processing, disclosure or destruction.
4.2. Taking into account the state of the art and costs of implementation, and the nature, scope, context and purposes of the personal data processing as well as the risk to the rights and freedoms of natural persons, of varying likelihood and severity, that may result from personal data processing, each Party shall apply appropriate technical and organisational measures upon personal data processing to ensure the security of personal data.
5. PERSONAL DATA BREACH
5.1. In case of a personal data breach or suspected personal data breach related to the personal data processed in the course of using Creatomus Platform, each Party shall as immediately as possible notify the other Party of this. In case of a personal data breach of suspected breach or an incident that is likely to escalate into a personal data breach, each Party shall send to the other Party a notification about the personal data breach, which shall include at least the following information:
5.1.1. a description of the nature of the personal data breach;
5.1.2. the categories and approximate number of data subjects concerned;
5.1.3. the categories and approximate number of personal data records concerned;
5.1.4. the name and contact details of the data protection officer or other contact person of such Party if applicable;
5.1.5. the likely consequences of the personal data breach, incl. the likely consequences to data subject;
5.1.6. measures taken or proposed to be taken by such Party to address the personal data breach or measures to mitigate its possible adverse effects.
5.2. A Party shall send the notification specified in section above to the other Party immediately and if possible not later than within 48 hours as of the occurrence of the personal data breach.
5.3. In case and insofar as a Party is not able to submit the information described in section above to the other Party duly, the Party may submit the information to the Party in phases but without undue further delay.
5.4. The Parties shall cooperate fully with each other for the purposes of preventing personal data breaches.
5.5. Each Party shall document all personal data breaches, including the facts relating to the personal data breach, its effects and the remedial action taken.
6. SUBPROCESSORS AND TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES
6.1. If a Party uses subprocessors, such Party shall assume full liability for the subprocessor to process personal data in accordance with the applicable law and this Data Processing Agreement.
7.1. The Parties shall both individually be liable for processing personal data in accordance with applicable law.
8.1. The Data Processing Agreement shall be valid from the moment of conclusion of the Agreement between the Parties.
9. FINAL PROVISIONS
9.1. The Data Processing Agreement is governed by the laws of the Republic of Estonia.
9.2. Disputes arising from the Data Processing Agreement will be resolved by negotiations or in Estonian courts, Harju County Court being the court of first instance.
ANNEX A to the Data Processing Agreement
1. PURPOSE OF DATA PROCESSING
Provision of the Service and Platform to the Party in accordance with the Agreement.
2. DATA SUBJECTS
End-Users, as defined by the Agreement.
3. CATEGORIES OF PERSONAL DATA
Name, e-mail address, address, the content in the message of the End-User.
4. PROCESSING OPERATIONS
Creatomus transfers the personal data related to the End-Users to Content Manager via e-mail or API call, when the End-User has selected to contact with the Content Manager on the Platform.
5. PROCESSING PERIOD
The term of the Agreement.