WOOVIZ TERMS OF SERVICE

Last Updated on 04.04.2023

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING WOOVIZ SERVICES, YOU AGREE TO BE BOUND BY THE (1) TERMS OF SERVICE, (2) END-USER LICENSE AGREEMENT AND (3) PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, PLEASE DO NOT USE WOOVIZ SERVICES. HEADINGS CONTAINED IN TERMS OF SERVICE ARE FOR REFERENCE PURPOSES ONLY.

These Terms of Service (“Terms”) govern the contractual relationships between you (“you”, “your”) and Wooviz di Coletto Riccardo including its subsidiaries, affiliates and assignees (“Wooviz”, “we”, “us”, “our”) regarding your use of Wooviz Website and access to Wooviz Services.

If you are using Wooviz Website on behalf of an organization, you are agreeing to these Terms for that organization, and are indicating that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization.

1. Definitions

“Wooviz Services” (“Services”) means access to Wooviz Website, tools and services provided to you by us via the Website in accordance with these Terms of Service.

“Wooviz Website” (“Website”) means a website located on https://wooviz.com/, all its subdomains through which Wooviz Services are provided to you in accordance with these Terms of Service.

“User” means any person who creates an Account in order to use the Services.

“Visitor” means a person without registered Account who visits Website.

“Account” means the personal account of User on Wooviz Website, after registration of which User may receive the Services under conditions specified in these Terms of Service.

“Wooviz Content” (“Content”) means a content organized as a catalog of three-dimensional models of original interior design products (including but not limited to furniture, accessories, lamps, carpets, etc.) that are published on Wooviz Website and accessible to view by User or Visitor.

2. How We Will Serve You?

2.1. Wooviz Services.

By using Wooviz Website, you gain access to the tools and services for possibility to obtain license (royalty-free or paid) to use Wooviz Content in determined manner (“Wooviz Services”, “Services”).

You understand and agree that Services may happen to be from time to time unavailable, delayed, restricted or slower, including in connection with:

1. technical failures of servers, networks, hardware (including your own device), telecommunications lines and connections, other electronic or mechanical equipment;
2. software failure, including bugs, viruses, configuration issues, incompatibility of systems, additional software (utilities) or applications, the operation of screening programs, unreadable codes;
3. overload of system capacities;
4. damage caused by mechanical breakdown or severe weather, earthquakes, wars, insurrection, riots, civil commotion, accident, fire, water damage, explosion, mechanical breakdown or natural disasters or another force majeure;
5. interruption (partial or total) of power supply, other utility of the Website;
6. state or regulatory restrictions, court decisions, or other external interference; or
7. any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Wooviz.

Any new Services or features of Website are subject to these Terms as well.

2.2. Wooviz Content.

Please note that terms and conditions of the licensing to use Wooviz Content are regulated under EULA and is not subject of these Terms of Use.

2.3. Changes to Wooviz Services.

Wooviz may, at its sole discretion, change, modify, discontinue or temporarily suspend the Services or improve the functionality of the Website, as well as impose limits on certain features of Services, restrict or terminate your access to the Services at any time without prior notice.

2.4. Links to Other Sites.

Wooviz may provide links from the Website to other sites as a convenience to you and solely as a reference to information that may be useful to you. The linked sites are not under our control and we are not responsible for the accuracy, ownership, validity or legality of content of any linked site. If you choose to follow a link to a third party site, you do this at your own risk.

3. Access to Wooviz Services

3.1. Creating an Account.

You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. Use of the Content shall be made only for the purposes, in the manner and under the End-User License Agreement.

You need to create and activate an Account in order to use the Services. Signing up is voluntary and free. By registering an Account, you confirm that information you provide is true, accurate and up to date. Wooviz is entitled to refuse your registration without providing any reason.

You are responsible for the security of your login credentials and the confidentiality of your Account information. It is not recommended to transfer your Account information to third parties. All actions performed on the Website using your login credentials are considered to be your actions. Please notify us is any security breach or unauthorized use of your Account occur.

3.2. Eligibility.

The Services are not directed to individuals under the age of 18. You may use the Services if you are at least 18 years old.

By using the Services you represent and warrant that you have the right and capacity to enter into contractual relationships under these Terms and to abide by the terms and conditions of these Terms. You agree to comply with all applicable laws when using the Services, and to use Wooviz Services for lawful purposes only.

3.3. Closing an Account.

You may stop using the Services and close your Account at any time by deleting it. You remain liable for actions taken during your Account activity even after the Account is closed.

We reserve the right to close your Account or suspend your Access to the Services in case of violation of these Terms and/or law requirements.

Please note that your Account will be closed if not used for 2 years or more.

4. Fees and Payments. Refund Policy

4.1. Free Services and Content.

Wooviz provides Services of Account registration, use functionality of the Website and tool to search and purchase license on Wooviz Content for free.

4.2. Paid Content.

You may obtain license to use some of Wooviz Content only for fee stipulated at Website and paid under the provisions of the EULA.

4.2. Price Changes.

Wooviz may from time to time review and change the fee for any Wooviz Content or Services, as well as change the scope of the paid Services and charge for use of the Services that are currently available to you for free.

4.3. Payment Procedure.

You may use one of the available methods of payment to make transactions to pay for subscription under these Terms. You are responsible for any fees or other amounts that payment system or any third party charges.

4.4. Refund Policy.

Any payments you make to us are final and non-refundable. Please note that no refund will be provided in the event of closure of your account for any cause.

5. Your use of Wooviz Services

5.1. Lawful Use.

You agree to use the Website and Services in compliance with these Terms and applicable local, state, national, international laws, and regulations. You warrant that your use of the Website and Services does not infringe a third party intellectual, privacy or other rights.

You are responsible for all of your activity on the Website and in connection with the Services. We are not and shall not be held responsible for your use of the Website and Services in a way that violates the law. Any fraudulent, abusive, or otherwise illegal activity may be grounds for closure of your Account or suspending your access to the Services.

5.2. Prohibited Use.

By using Wooviz Website and Services, you agree not to (or attempt to):

• engage in any activities related to the Services that violate any applicable law, statute, regulation, bylaw, internal company policy or breach these Terms or any other agreement or policy you have with Wooviz;
• use any device, software, algorithm, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Website, or to surreptitiously intercept or expropriate any data from the Website, or breach any security or authentication measures;
• take any action that causes an unreasonable or disproportionately high load on the technical infrastructure of the website, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique;
• collect data from the Website either by authorized and not authorized ways through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake user accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on the Website;
• make unauthorized use of the Website, including, in particular, unauthorized access to our systems or any other illegal use of any information contained on the Website;
• use Wooviz Website and Services in a manner that: violates the intellectual property rights, rights to privacy, or any other rights of anyone else; is unlawful, defamatory, libelous, harassing, harmful, fraudulent, deceptive, threatening, obscene, or otherwise objectionable; distributes malware; violates the security of any computer network, or cracks any passwords or security encryption codes.

The unauthorized or illegal use of use the Website and Services or any other breach of Terms will be investigated and appropriate legal action, including, in particular, civil, criminal or other legal proceedings, may be applied to you.

5.3. Feedback You Provide.

If you send any comments, suggestions, ideas, questions or provide another feedback to us in any way (“Feedback”), including recommendations to the Website, Services, software or marketing improvement or modification, new features or functionality propositions, you agree that all such Feedback is exclusively owned by Wooviz and we can use it without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you. Wooviz owns the intellectual property rights to objects created based on your Feedback.

6. Warranty Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WOOVIZ SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE MAKE NO COMMITMENTS OR WARRANTIES ABOUT:

• THE CONTENT, COMPLETENESS, RELIABILITY, OR AVAILABILITY OF SERVICES;

• CORRESPONDENCE OF SERVICES TO YOUR EXPECTATIONS.

WOOVIZ DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY. WOOVIZ DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE AND WOOVIZ DISCLAIMS ANY LIABILITY RELATING THERETO.

WOOVIZ SHALL NOT BE RESPONSIBLE FOR ANY PROBLEMS WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, SYSTEM ERRORS AND OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTING, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WOOVIZ IS NOT LIABLE WHATSOEVER FOR YOUR USE OF THE WEBSITE AND SERVICES. YOU UNDERSTAND AND AGREE THAT WOOVIZ IS NOT AND SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER LOSS OR DAMAGES, AS WELL AS LOSS OF PROFITS, LOSS OF BUSINESS, LITIGATION COSTS, OR ANY OTHER LOSSES ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WOOVIZ KNOWS OR HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGE OR LOSS. WE ARE NOT LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS.

NO INFORMATION YOU OBTAIN FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS. WE HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY REASON BEYOND OUR REASONABLE CONTROL.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WOOVIZ’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE USE OF WOOVIZ WEBSITE AND SERVICES EXCEED THE AMOUNT YOU PAID TO WOOVIZ FOR THE PAST SIX MONTHS, OR ONE HUNDRED EURO IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO WOOVIZ. THIS LIMITATION IS CUMULATIVE AND DOES NOT DEPEND ON THE NUMBER OF CLAIMS.

LIMITATIONS OF LIABILITY DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

8. Disputes Resolution

8.1. Disputes between Users and Visitors.

You are solely responsible for your interactions with other Users and Visitors of the Website and Services.

8.2. Disputes with Wooviz.

If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you first to contact us at info@wooviz.com to try resolving your problem directly with us.

8.3. Mandatory Litigation.

THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE.

Except as explicitly provided in these Terms, any dispute or claim relating in any way to your access to the Website, your use of the Services, or otherwise arising out of or relating to these Terms or the Services that cannot be resolved directly between you and Wooviz shall be resolved by the respective court of the Italian Republic.

8.4. Restrictions.

You and Wooviz agree that any litigation shall be limited to the dispute between Wooviz and you individually. To the fullest extent permitted by law, (i) no litigation shall be joined with any other; (ii) there is no right or authority for any dispute to be resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

8.5. Exceptions to Informal Negotiations and Mandatory Litigation.

You and Wooviz agree that the following disputes are not subject to the above provisions concerning informal negotiations and mandatory litigation (i) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Wooviz’s intellectual property rights; and (ii) any claim for injunctive relief.

9. Miscellaneous

9.1. Intellectual Property.

All intellectual property rights to all content, design, text, graphics, software, logos, compilations, and other matters to the Website, including without limitation copyrights, patents, trademarks, and trade secrets are owned by Wooviz or one of its affiliates. The copying, redistribution, use, or publication of any part of the Website, unless expressly permitted in there Terms, is strictly prohibited. You agree not to display or use, in any manner, Wooviz trademarks, without our prior permission.

9.2. Privacy Policy.

We collect and use your personal information as provided in our Privacy Policy. Your use of Wooviz Website and Services indicates your acceptance of the Wooviz Privacy Policy.

9.3. Notifications.

By using the Website, you give a consent to receive emails, notifications, information (“Notifications”) at the email address you provide to Wooviz or in your Account for any purposes relating to these Terms. For this purpose, please notify us of a change of your contact information.

9.4. Indemnification.

You use the Website and Services at your own risk and for your sole responsibility. You agree to indemnify, defend and hold us and our subsidiaries, affiliates, assignees, officers, directors, shareholders, agents and employees harmless from any claim, demand, liability, losses or expenses, including reasonable attorneys’ fees, related to your use of the Website and Services, or any violation of these Terms or applicable law.

9.5. Applicable Law.

We operate and control the Website from our office in the Italian Republic. All matters relating to the Website and Services and these Terms, as well as any dispute or claim relating to Wooviz, shall be governed by all applicable laws of the Italian Republic, without regard to its conflict of law provisions.

9.6. Term and Termination.

These Terms will remain in full force and effect as long as you continue to access or use Wooviz Website and Services and keep your Account active. We reserve the right to suspend, limit or terminate all or a portion of your access to Services or close your Account at any time without prior notice, if we determine that you violate or fail to comply with these Terms or applicable law. All provisions of these Terms, which, by their nature, should survive termination, shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.

9.7. Entire Agreement. Waiver. Severability.

These Terms of Service constitute the entire agreement between you and Wooviz and supersede any and all prior oral or written understandings, proposals or agreements between you and Wooviz regarding your use of the Website and Services.

Failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision. If any of the provisions of these Terms is held to be unenforceable, then such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

9.8. Assignment.

You may not assign or transfer these Terms and any associated rights or obligations without our prior consent. Wooviz may freely assign these Terms or subcontract its obligations without restriction.

9.9. Terms of Service Updates.

We may revise, amend and modify the Terms in whole or in part from time to time without notice to you. The current version of the Terms is always available on this page. If we make significant changes to these Terms, we will use reasonable efforts to notify you, but it is your responsibility to review these Terms from time to time to be aware of any changes. Your continued use of Services after changes have been posted constitutes your agreement to be bound by the revised Terms. Please stop using Services if the revised Terms are not acceptable to you.

9.10. How to Contact Us?

Should you have any questions concerning these Terms, Wooviz Website or Wooviz Services, please contact us on info@wooviz.com.