For subscriptions or renewals purchased prior to February 7, 2022, the following legacy terms will apply:
The Service is provided as a service to a customer (the “Customer”) for the purpose of exploring different ways to develop a residential building site. The Service shall be used to gain insight for the benefit of the Customer at a real estate development project designated by the Customer.
The Customer may request access to the Service to certain individuals, working with the Customer’s development project (“Authorised Users”). Only Authorised Users may access and use the Service and only for the purpose set out above in Section 1.
Any use of the Service is subject to acceptance of these Terms if Use and the terms herein. If an Authorised User does not agree to the terms herein, the Authorised User is expressly prohibited from accessing and using the Service.
Access to and use of the Service requires registration. Each Authorised User will be provided with a unique user ID (“User ID”), to be used exclusively by the Authorised User. Access may also require other means of identification, such as passwords, access codes etc.
The Authorised User may not share the User ID or any other means of identification, let anyone else access the Service using its User ID or other means of identification, or do anything else that might jeopardise the security of the User ID or other means of identification, the account at the Service and/or the Service itself.
2.decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from any component of the Services;
3. allow third parties to gain access to the Service, or sublicense, transfer, sell or otherwise assign its account at the Service or the Service itself to any third party;
4. alter, embed into any other product or otherwise create derivative works of, or otherwise modify the Service;
5. interfere with or disrupt the integrity of the Services, software or data;
6. attempt to gain unauthorised access;
7. interfere with another Customer or Authorised User’s use of the Services.
The Service is provided as a hosted service (software as a service). Its functionality may require certain specifications concerning hardware, software, connections etc.
Spacemaker may change suppliers, vendors or hosting partners and make adjustments or changes to the Service. This may result in changed appearance and/or functionality of the Service, the Supported Environment, and require the Customer to update its own system, web-browsers or hardware in order for the Services to function properly.
The Service, its source code, design, accompanying documentation (in hard copy or electronic form), and all other materials and other Intellectual Property Rights developed by Spacemaker (“Spacemaker IP”) provided or made available by Spacemaker to the Customer and/or the Authorised User are the exclusive property of Spacemaker. Spacemaker retains all right, title and interest in and to the Spacemaker IP, including all inventions, patents, circuit designs, copyright, trade secrets, know-how, brand names, trademarks and any other industrial and/or intellectual property rights (collectively “Intellectual Property Rights”).
The Authorised User grants to Spacemaker a non-exclusive, royalty free, transferable, non-revocable and perpetual license to use all data provided into the Service, all data and content generated by the Service and any statistical information related to the usage, traffic patterns and behaviour of the Authorised Users, for the purposes of inter alia statistics, analysis and development of Spacemaker’s technology and services. Spacemaker can only use non-anonymized data for marketing purposes to the extent explicitly agreed with the Customer.
Spacemaker will exercise reasonable skill and care in providing the Service, but makes no guarantee related to its availability. The Authorised User accepts that the Service from time to time may be partly or completely unavailable due to, amongst others, maintenance.
Spacemaker further reserves the right to suspend or cease providing the Service to Authorised Users, with or without notice, due to breach and/or termination of the agreement between Spacemaker and the relevant Customer.
Spacemaker may also suspend or cease providing the Service or parts thereof upon its decision to discontinue the Service or other reasonable grounds, e.g. if suspension or closure is necessary due to security issues, improper use of the Service etc.
The Service is provided “as is”. Spacemaker makes no warranties of functionality, fitness for a particular purpose, effect of the use of the Service, accuracy, completeness, or adequacy of third party content or other information contained in the Service. Spacemaker does not warrant that the Service will be completely error-free or that use of the Service at all times will be uninterrupted or free from any viruses or bugs.
Spacemaker, its consultants, employees, or suppliers shall in no event be liable to the Authorised User, or any third party for any loss or damage, whether direct, indirect, special, punitive, incidental or consequential damage of any nature, including but not limited to, damages or costs due to damage to hardware, interruption of business or loss of profits, data, revenue, goodwill, production, use or the like.
Spacemaker shall not be liable for any failure of or delay in the performance of the Services for the period that such failure or delay is beyond Spacemaker’s reasonable control, materially affects the performance of any of its obligations, and could not reasonably have been foreseen or provided against.