Privacy / Terms

Walkthruit (“Walkthruit, “we”, “us” or “our”) operate an internet platform for three-dimensional, interactive representations and editing of architecture and design. Our service allows users to upload their design file, we take the file and convert it into a 3D interactive models or 3D virtual walkthru (“3D Model(s)”) along with other related functions and tools as further described on our website. The following terms and conditions govern your access to and use of our Services.

 

By clicking a box indicating your acceptance of these terms of use or entering into an order with us (whether electronically through our website or otherwise in writing) (“Order”), you agree to be bound by all of the terms and conditions contained herein, any ordering document and all other operating rules, policies (including, without limitation, our Privacy Policy referred to in these terms and conditions (collectively, the “Agreement”). If you do not agree to all the terms and conditions of this Agreement, then you may not use any of the Services. If you have any questions or comments about us or the Services, please contact us at [email protected]

 

If you are using the Services as an individual you represent that you are at least 18 years of age and can form legally binding contracts and if you are using such Services on behalf of an organization, you are agreeing to this Agreement for that organization and representing that you have the authority to bind that organization to this Agreement. In that case, “you” and “your” will refer to that organization.

 

Services

Walkthruit provides the Services based on tier packages purchased by you, as detailed on the “home” page of our website, walkthruit.com. References to “Services” throughout the Agreement shall include both the Free Service and Paid Services described in this section.

 

The subscription to use any of the Paid Services Packages allows for access to certain features and increased Scope of use, and where applicable “pay as you go” pricing for each 3D Model and other features and functionality, depending on the Package you have selected to purchase, as indicated in the applicable Order. Free Services: Where you have registered for the Free Services Package, subject to your compliance with the terms of this Agreement, we grant you a limited, exclusive, non-transferable right to use the Free Services for the provision and use of the one free 3D Model in accordance with the terms of this Agreement and the Scope of use for the Free Services Package and solely for your internal business operations or your personal and domestic purposes, as applicable. We reserve the right to terminate your use of such 3D Models and deactivate your account and use of our Free Services at any time upon notice to you.

 

Paid Services: Where you are purchasing a Paid Services Package, subject to your compliance with the terms of this Agreement and in consideration of payment of the applicable Fees for such Package, we grant you and your [Authorised Users] a limited, exclusive, non-transferable right for the use of the Paid Services in accordance with the Scope of use for the applicable Paid Services Package purchased by you and the terms of this Agreement and solely for your internal business operations or your personal and domestic purposes, as applicable.

 

Use Restrictions

Except as expressly set out in this Agreement or permitted by local law, you agree:

 

(a) not to make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of it to be combined with, or become incorporated in, any other programs unless expressly agreed by us in writing. For the avoidance of doubt, this does not apply to the embedding of the 3D Model(s) into other websites or media or other acts of integration which are a normal feature of the Services;

 

(b) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services or attempt to do any such thing;

 

(c) not to provide or otherwise make available the Services, in any form to any person, unless such provision is a normal feature of the Services);

 

(d) not to use the Services or any 3D Models created through the use of the Services for any illegal or unethical purposes or in any manner which may infringe or violate any third parties’ rights;

 

(e) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Services; and

 

(f) to adhere to the Scope of use restrictions and conditions applicable to the relevant Package purchased by you. You further acknowledge that the Paid Services Packages enable use of different features and services to the Free Services and agree to only use those features and services as permitted by your purchased Package.

 

3D Models: You acknowledge and agree that the 3D Models represent three-dimensional abstract models of the 2D plans or 3D design files and are not to be treated as exactly-to-scale for further processing, in particular, without limitation, the 3D Models must not be used for building constructions, building refurbishing, exact measurements, or any other use which requires exact measurements.

 

Services Availability and Support

Availability: Walkthruit will use its reasonable endeavours to make the Services available 8 hours a day, five days a week, except for maintenance services which may be carried out at any time, with or without notice. Access to the Services is provided on an “as is” and “as available” basis which means that we do not warrant the Services will be available, uninterrupted or error-free at all times, and we shall not be liable to you for failure of the same. In particular, you acknowledge that Services may be subject to limitations, delays and other problems inherent in the use of communication networks and facilities and we have no liability for any delay or failure to access the Services as a result of such problems.

 

Support: We offer certain support with your use of the services during Business Hours only and you may access “how to” links and/or contact us with support queries.

 

5. Your Responsibilities

Applicable laws: You will comply with all applicable laws and regulations in respect of your and, where applicable, your Authorised Users use of the Services.

 

Content: For any materials, data or information which you or your [Authorised Users] (as applicable) upload, input or require us to input on your behalf in your use of the Services (“Content”), including any 2D plans or 3D design files you upload or where you make use of a feature of the Services that allows you or your [Authorised Users] to import, upload, link to, present, share, embed or otherwise make material available to third parties through your use of our Services and the 3D Models (“share”), you must comply and ensure compliance with the below Content standards. You are responsible for the Content (including its legality, reliability, integrity, accuracy and quality) and agree to indemnify us for any loss or damage we suffer as a result of your breach of the below content standards.

 

You represent and warrant that any Content:

 

will not infringe the proprietary rights, including but not limited to the intellectual property rights, of any third party;

 

is accurate (where it states fact) and is genuinely held (where it states opinions);

 

complies with applicable laws and regulations in any country from which the Content is posted; will not contain any material which is defamatory, obscene, offensive, hateful, inflammatory or illegal;

 

will not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

 

will not promote sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

 

is not made or operated in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; will not violate the privacy or publicity rights of any third party; and

 

is not likely to mislead any person, including into thinking that you are another person or company or as to the source of the Content (such as spoofing).

 

Walkthruit has the right (though not the obligation) to, in Walkthruit’s sole discretion, refuse or remove any Content that, in Walkthruit’s reasonable opinion, violates any terms of this Agreement or is in any way harmful or objectionable or infringes or violates any third party’s rights. You acknowledge that we also have the right to disclose your identity to any third party who is claiming that any Content shared by you constitutes a violation of their intellectual property rights, or of their right to privacy.

 

Our Rights to the Content

Walkthruit acknowledges that, as between you and Walkthruit, you are the owner of the Content you share on or through the Services, (except for any Content or part thereof which is generally available publicly or through other sources separate to this Agreement).

 

In order to use the Services we require you to, and you hereby agree to, grant us and our third party service providers the non-exclusive, royalty-free, worldwide, perpetual, transferable right to use, reproduce, distribute, prepare derivative works of, display and perform the Content for and in connection with: (i) the operation of the Services; and (ii) generating and featuring the 3D Model on our Services; provided that such use after the expiration or termination of the purchase does not include any of your personal data without your express written permission. You acknowledge and agree that we may use anonymised Content at any time for the purposes of providing our services to our customers. You warrant to us that you have all necessary rights and licenses to and applicable consents for the Content for the transfer to and use by us of such Content in accordance with this Agreement.

 

Intellectual Property

We are the owner or licensee of all intellectual property rights in our Services and the 3D Models (subject to section above) and all related software, documentation and materials accessed through the Services, and the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly stated herein or enabled by the proper operation of the Services, this Agreement does not grant you any rights to or in intellectual property rights or licences in respect of the Services.

 

Walkthruit reserves the right to display attribution on the 3D Model(s) such as ‘Walkthruit’. Any such attributions or other footer credits or attributes may not be altered or removed.

 

Payment

Payment: Unless otherwise agreed in the applicable Order, you agree to pay us the relevant fees for the Paid Services Package you have selected to purchase. Details of those fees are as set out on the home page of our website found at walkthruit.com. Unless otherwise agreed by us in the applicable Order, all such payments and charges shall be made on your payment card in accordance with the payment section below. You hereby authorize us to collect from your payment card, details of which you provide to us on the Initial Charge Date, the applicable fees and any additional fees applicable to your use of the 3D Models and/or Services (as set out in the applicable Order) on the charge dates specified above. The fees and any additional fees are: (a) payable in the currency specified at the time of purchase of the applicable Paid Services Package; (b) unless otherwise stated in this Agreement, non-refundable; and (c) unless otherwise stated in the applicable Order, inclusive of any applicable sales or value added tax.

 

Suspension of Services: If we are unable to collect from your payment card the relevant amounts due within 10 days of the relevant due date.

 

Fee changes: We reserve the right to change the fees

 

Privacy and Content Security

Data Privacy: In this clause “Personal Data” means data about an individual who can be identified either from that data or by combining the data with other information which we have access to.

 

Both of us must comply with all laws relating to the protection of Personal Data which apply to our respective businesses.

 

You warrant that you have the right to transfer your Personal Data to us so that we may lawfully use, process and transfer it in accordance with this Agreement on your behalf.

 

To the extent you upload any Content through your use of the Services containing Personal Data and we are deemed to be a processor of such Personal Data, we will:

 

process such Personal Data in accordance with your instructions and only as necessary for the provision of the Services to you;

 

take reasonable appropriate technical and organizational measures against unauthorised or unlawful processing of the Personal Data or its accidental loss, destruction or damage as is appropriate to the harm that might result;

 

ensure that anyone who has access to and/or processes Personal Data is obliged to keep it confidential;

 

not transfer the Personal Data outside of the European Economic Area without ensuring adequate measures are in place to protect the Personal Data as required by applicable data protection laws;

 

notify you promptly and without undue delay if we become aware of a breach of security which has resulted in the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to Personal Data;

 

if you ask us to and in any event on termination of this Agreement, delete or return to you all copies of the Personal Data;

 

provide you with reasonable assistance and information to allow you to comply with your obligations under applicable data protection laws;

 

maintain complete and accurate records and information to show we have complied with this clause; and

 

permit you (or your third party auditor) to audit our compliance with these terns on giving reasonable notice to us, provided that any third party auditor mandated by you to conduct such audit has entered into confidentiality undertakings which are satisfactory to us and you use reasonable endeavours to ensure that any such audit is designed to minimise disruption to our business.

 

Where we are acting as a processor of your Personal Data, you consent to us using subcontractors to process your Personal Data as long as:

 

we let you know if we are going to change one of them at least ten (10) days before we do so;

 

we ensure that they are subject to terms which comply with applicable law regarding the protection of Personal Data; and

 

we remain liable for any breach of this clause by them.

 

Back Up. You acknowledge and agree that we are not responsible for backing up the Content and for this reason, we ask that you keep your own copy of all such Content at all times.

 

Disclaimer of Warranties

In addition to the disclaimer of warranties set out we make no warranties that defects in the Services will be corrected or that the Services or the server that makes the Services available is free of viruses or anything else which may be harmful or destructive.

 

You acknowledge that the Services has not been developed to meet your individual requirements, and that it is your responsibility to ensure that the facilities and functions of the Services meet your requirements. You assume full responsibility for results obtained from the use of the Services, and from conclusions drawn from such use, including damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with your use of the Services or any actions taken by us at your direction.

 

To the fullest extent permitted by law, Walkthruit hereby disclaims all other warranties, representations, conditions and all other terms of any kind implied by statute or common law.

 

Limitation of Liability

To the fullest extent permitted by law, we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for (i) any special, indirect or consequential loss or damages, (ii) the cost of procurement for substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) loss of profits, loss of business or depletion of goodwill, arising out of or in connection with this Agreement.

 

To the fullest extent permitted by law, in addition to the other exclusions set out in this section, We shall have no liability:

 

for any other third party products or services accessed and/or used by you through the Services;

 

where any failure to provide the Services is caused by a network, hardware or software fault in equipment which is not under our control; for your acts or omissions;

 

for your use of the Services in breach of this Agreement;

 

for your use of the 3D Model when not hosted via our Services; or

 

for any unauthorised access to the Services including a malicious security breach.

 

Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by law.

 

You assume sole responsibility for results obtained from your use of the Services and 3D Models, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or materials provided to us by you in connection with the Services or any actions taken by us at your direction.

 

The Services may contain links to other websites. These third party websites are provided either to allow you to use certain features of the Services or for your information only. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website or any performance of any contract entered into by you with such third party. We recommend that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third party website. We do not endorse or approve any third-party website nor the content or services of any third-party website made available via the Services.

 

Indemnification

You agree to defend, indemnify and hold harmless Walkthruit from and against any and all claims, losses, damages, expenses and costs, including without limitation reasonable court costs and legal fees, arising out of or in connection with your use of the Services in violation of this Agreement.

 

Changes to this Agreement

This Agreement may be changed by us from time to time. Changes will be effective immediately upon posting of the updated Agreement on this web page. You are responsible for ensuring you are familiar with the latest version of the Agreement. Continuing to use the Services after the change takes effect represents your agreement to be bound by the Agreement as amended.

 

Walkthruit may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Unless we notify you otherwise, such new features and/or services will be subject to new terms and conditions of this Agreement.

 

Other Important Terms

Transfer: We may transfer our rights and obligations under this Agreement to another organization, but this will not affect your rights or our obligations under this Agreement. You may only transfer your rights or obligations under this Agreement to another person if we agree in writing.

 

Waiver: If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

Severability: Each of the terms and conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

 

Governing law and Jurisdiction: Please note that this Agreement, its subject matter and its formation, are governed by substantive Canadian law excluding conflict of law rules. You and we both agree that the courts of Canada shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement.

 

Last Updated: July 24 2018