Terms of service
TERMS OF SERVICE
The Service is provided by Pixactor Oy, a Finnish company (Business ID 2679827-6), address Finlaysoninkatu 2, 33210 Tampere, Finland (“BUILDIE”). These Terms constitute a binding Agreement between the User and BUILDIE. Description of the Service and information about the features of the Service can be found on the Website.
In order to use the Service, the User must register for the Service. By signing up for the Service, the User orders the Service (“Subscription”). BUILDIE offers different types of Subscriptions, which include different functionalities of the Service and varying number of user licenses as described on the Website or as separately agreed between BUILDIE and the Customer. BUILDIE may charge a subscription fee for a paid service, as well as a fee based on the use of the Service, time-bound or otherwise determined. BUILDIE may change the price and pricing principles of the Service and may change the free service as payable or vice versa. The applicable prices and pricing principles are available to the Subscriber on the Service pages, unless otherwise agreed between BUILDIE and the Subscriber.
When registering for the Service, the User must provide BUILDIE with registration details and other information requested by BUILDIE. If the User registers as a company, association, or other legal entity, they acknowledge that such legal entity and each person of the legal entity that uses the Subscription agrees to these Terms. IF A REPRESENTATIVE RRESISTERS A COMPANY OR OTHER LEGAL ENTITY TO THE SERVICE, THE REPRESENTATIVE SHALL ACKNOWLEDGE PERSONALLY, THAT THE INFORMATION PROVIDED IS RELIABLE, ACCURATE AND COMPLETE, AND THAT THE PERSON REGISTERINGG THE LEGAL ENTITY IS AUTHORIZED TO ENTER THE LEGAL ENTITEY INTO THIS AGREEMENT.
If the User registers as an individual, they acknowledge that they are at least 18 years of age, or at least 15 years of age, and have legal capacity to accept and be bound by these Terms and/or, if necessary, have the consent of their guardian. Persons under the age of 15 may not register for or use the Service. The User also warrants that all registration information provided to BUILDIE is reliable, accurate and complete.
It is the responsibility of the User to keep the username and password used to sign up for the Service safe, and immediately notify BUILDIE of any known or suspected unauthorized disclosure or use of the username and password. The username and password are personal and cannot be transferred or disclosed to a third party. The User will remain responsible for accessing the user account until BUILDIE has received such notice.
It is the responsibility of the User to notify the changed contact details. The User may submit the notice either by email or directly through the Service.
2. USE OF THE SERVICE
BUILDIE grants the User, within the limits set by the type of the Subscription, a personal, revocable, limited, non-exclusive and non-assignable right to use the Service during the term of this Agreement. All Intellectual Property Rights in the Service are and shall remain the exclusive property of BUILDIE and/or third parties. Nothing in this Agreement will not constitute an Intellectual Property Right transfer to the User by BUILDIE or third party. BUILDIE reserves all rights not expressly granted to the User in this Agreement. In this Agreement, “Intellectual Property Rights” shall mean copyright and related rights (e.g., rights to databases and catalogues), patents, utility models, trademarks, trade secrets, know-how and other registered and unregistered Intellectual Property Rights, and applications regarding the aforementioned rights.
The Service is, in principle, available 24 hours a day. The User understands that BUILDIE is continually developing the features and functionality of the Service. BUILDIE may, from time to time, modify or update the Service or any portion thereof in its sole discretion and may suspend the provision of the Service, in whole or in part. The Service may also have temporary downtime due to maintenance or other reasons. BUILDIE is not responsible for the User’s use of the Service, or as a consequence of said use any, disruptions caused by malfunction, technical faults, malicious software, links or downtime to the User or third parties.
BUILDIE has the right to add, modify and remove parts of the Service. BUILDIE shall aim, where reasonably practicable, to inform the Users of any changes to the Service that are material to the User, and any downtime in advance through the Service or in such other manner as it may deem appropriate. Changes will take effect as soon as they are implemented.
The User agrees to use the Service in accordance with these Terms and any applicable laws and regulations only, and not to reproduce, modify, translate, distribute, sublicense or create derivative works based on the Service. The User also agrees that they will not (i) reverse engineer, disassemble, hack, or decompress the Service unless expressly permitted by law; (ii) use it in ways or technologies other than those expressly approved by the Website or BUILDIE; (iii) use or commit unlawful or unauthorized activity.
The Service works on iOS and Android mobile operating systems. In addition, the use of the Service requires a camera phone. The User is solely responsible for the acquisition, operation and proper protection of any hardware, connections and software required to access the Service. If changes made to the Service by BUILDIE require changes to the User’s hardware, connections, or software, they will be responsible for such changes at their own expense.
3. CUSTOMER DETAILS
The User is solely responsible for the content they upload to the Service (“User Content”). The User acknowledges that they have the necessary licenses, rights, consents and permissions to download User Content to the Service and that the User Content does not violate any applicable laws or the Intellectual Property Rights of others. The User agrees not to export to the Service or forward to Service Users any material that is derogatory, incorrect, violent, obscene, defamatory, offensive, sexually explicit, threatening, harassing, racist, or otherwise illegal.
For the sake of clarity, it is stated that all proprietary rights in the User Content remain with the User. By exporting User Content to the Service, the User grants BUILDIE a worldwide, nonexclusive, royalty-free, sublicensable and transferable license to use the User Content in connection with the Service.
BUILDIE does not monitor or review the User Content, but reserves the right to remove any User Content for any reason, including but not limited to User Content that violates these Terms.
The User agrees to indemnify, hold harmless and defend BUILDIE (and its subsidiaries, affiliates, salaried employees, employees, agents, partners or licensors) from and against any and all prosecution, claims, damages, losses and costs (including reasonable litigation costs) that other Users or third parties represent them for actions taken by them in connection with the use of the Service, including User Content uploaded by the User. Nothing in these Terms shall be deemed to exclude or limit the User’s liability in connection with the discharge of liability granted by the User under these Terms.
If the User Content contains third party personal data, the User (or its agent) shall act as the registrar of such personal data.
BUILDIE assumes no responsibility for backing up and/or storing User Content uploaded to the Service.
4. PRICES AND FEES
The applicable prices for using the Service are available to the Subscriber on the Website. Prices may vary by region or country, as well as by Customer and Subscription.
By purchasing a Subscription, the User authorizes BUILDIE to charge them a recurring subscription fee either automatically from credit card or via invoice sent by BUILDIE as described on the Website. The subscription fee will be invoiced at the beginning of the invoicing period for the agreed Subscription and thereafter at the beginning of each invoicing period until the User terminates the Subscription. The termination will take effect on the day following the last day of the current invoicing period. BUILDIE does not refund paid subscription fees.
BUILDIE may change the prices of the Subscription and will notify the User in advance of such changes. By continuing to use the Service after a price change, the User accepts the changed subscription prices.
For the sake of clarity, it is stated that the User is responsible for all direct and indirect costs (such as, for example, mobile data costs) arising from the use of the Service.
5. NO WARRANTIES
The Service is provided as-is available and BUILDIE grants no warranties, direct or indirect, to the Service, to the fullest extent permitted by law, and assumes no responsibility for its quality, functionality, accuracy, availability, security, reliability, or suitability for a particular purpose or non-infringement. The User also acknowledges that BUILDIE is not responsible for the loss, nonretention or non-transmission of any material, content or other communications on the Service. BUILDIE does not warrant that the Service will meet User requirements or that the Service will be uninterrupted or error free. No oral or written instruction or information obtained from the Service or BUILDIE representatives constitutes a warranty not expressly provided in these Terms.
THE LIMITATIONS OF LIABILITY OF BUILDIE IN ACCORDANCE WITH SECTION 5 ARE NOT APPLICABLE TO FINNISH CONSUMERS. THIS SECTION DOES NOT LIMIT THE LEGAL RESPONSIBILITY OF BUILDIE OF SERVICE DEFECTS OR DELAYS IN DELIVERING THE SERVICE, AND DOES NOT LIMIT THE LEGAL RIGHT OF FINNISH CONSUMERS LAID DOWN BY THE CONSUMER PROTECTION ACT TO SUBMIT CLAIMS BASED ON SERVICE DEFECTS OR DELAYS IN DELIVERING THE SERVICE.
6. LIMITATION OF LIABILITY
BUILDIE or its subsidiaries, affiliates, salaried employees, employees, agents, partners or licensors shall not, to the extent permitted by law, be liable to the User or any third party in situations associated with agreement, indemnity or otherwise legal issues, for any damages, including but not limited to direct or indirect damages, arising out of or in connection with the use of the Service, whether or not BUILDIE was aware of the possibility of such damage.
THE LIMITATIONS OF LIABILITY OF BUILDIE IN ACCORDANCE WITH SECTION 6 ARE NOT APPLICABLE TO FINNISH CONSUMERS. FINNISH CONSUMERS HAVE THE RIGHTS LAID DOWN BY THE CONSUMER PROTECTION ACT IN DEFECT AND DELAY SITUATIONS. THIS SECTION DOES NOT LIMIT THE LEGAL RESPONSIBILITY OF BUILDIE OF SERVICE DEFECTS OR DELAYS IN DELIVERING THE SERVICE, AND DOES NOT LIMIT THE LEGAL RIGHT OF FINNISH CONSUMERS LAID DOWN BY THE CONSUMER PROTECTION ACT TO SUBMIT CLAIMS BASED ON SERVICE DEFECTS OR DELAYS IN DELIVERING THE SERVICE.
7. AGREEMENT PERIOD AND TERMINATION OF THE AGREEMENT AND TRANSFER OF THE AGREEMENT
These Terms will become effective upon acceptance by the User and will remain in effect indefinitely.
BUILDIE may terminate this Agreement at any time upon one month’s notice. The User may terminate the Subscription at any time and the User may use the Subscription until the end of the invoicing period, at which time the Agreement will expire. The User will not be refunded for payments made prior to the termination of the Service.
By purchasing a Subscription, the User agrees that BUILDIE will immediately provide the Service to the User in digital form. Upon receipt of the Service by the User, this will terminate the consumer’s right to cancel the Agreement within 14 days and, as a result, the User may not cancel the Subscription Purchase.
BUILDIE shall have the right to assign the Agreement to a third party if the transfer is related to the sale of the Service or any part thereof or to a change of service provider. BUILDIE shall have the right at all times to assign the Agreement, the Service and its maintenance, and the personal registries related to the Service to a wholly or partly owned subsidiary of Pixactor Oy or to a Pixactor Oy affiliate company
user data, and improve data security.
8.2 Links to Third Party Websites
8.3 Applicable Law and Settlement of Disputes
This Agreement shall be governed by the Finnish law, except as provided in its regulations of private international law or conflict of laws. However, the consumer cannot be deprived of the rights granted to them by the Consumer Protection Act of their country of residence. All disputes that cannot be settled amicably shall be settled by the Pirkanmaa District Court, unless otherwise provided by law. Finnish consumer can always submit the dispute the court of their domicile or to the Consumer Dispute Board (see further information at kuluttajariita.fi).
8.4 Force Majeure
The Parties shall not be deemed in breach of this Agreement if the failure to meet the obligations under this Agreement is caused by labour disputes, fire, war, forces of nature, data and telecommunication network malfunction, official orders or other similar reason, which is outside the Party’s influence. If such event lasts for more than one (1) month, either Party may terminate this Agreement with immediate effect by submitting a written notice to the other Party.
8.5 Transfer of Agreement
Unless otherwise expressly agreed, neither Party may not assign this Agreement or any right under it without the prior consent of the other Party. Notwithstanding the aforementioned, BUILDIE shall have the right to assign this Agreement in connection with the sale of all or part of its business.
BUILDIE reserves the right, from time to time, to amend the terms of this Agreement at its sole discretion and the updated Terms are available to the Users on the Website. If the User is an existing user of the Service and continues to use the Service after the Terms have been amended, the User undertakes to comply with the amended Agreement for one month (1) after the amendment has been notified.
8.7 Entire Agreement
8.8 Waiver of Rights and Division of Sections
Failure by BUILDIE to exercise its rights under these Terms shall not be deemed to be a waiver of such rights or to constitute a forfeiture of such right now or at a later date. If any term or provision of this Agreement is deemed illegal or unenforceable, it shall in no way affect the validity of the remainder of this Agreement.
8.9 Contact Details
Any questions or comments regarding BUILDIE should be addressed electronically to info(at)buildie.fi or by letter to Finlaysoninkatu 2, 33210 Tampere, Finland.