BLOCKS BIM SPAIN SL., A limited company, duly registered with the CIF under number B02895126 ("Platform"), owner of the webweb , the plugin for Revit and any mobile applications ("Applications") and the other services covered by these Terms (together with the "Services"), offered to the largest and most capable individual or legal entity that has filled out the Registration Form, whose data become an integral part of these Terms, as well as that you have electronically accepted the Terms and all related clauses when using any application or digital product of the Platform, henceforth referred to as User.
The Services available through the Platform are governed by the terms and conditions below. Platform and User are referred to, together, as Parties and individually as Party.
Clause 1 - Definitions
1.1. For accurate understanding and interpretation of the rights and obligations provided for in these Terms, the following definitions are adopted:
SUBSCRIBER: a User who has requested and acquired access to the premium tools of "Blocks Club," a paid and exclusive product, with access to all Platform Services, including the additional ones available;
REGISTRATION: registration form with the User's data, mandatorily filled in for the full use of the Services, including, but not limited to, the download of free material or the subscription to Clube Blocks, upon payment of a RECURRENCE;
LOGIN: information that the User will use to access the website and Applications with his registration, which is personal and non-transferable;
RECURRENCE: amount due by Subscribers who want to have full use of the Club Blocks and Services, according to the option chosen by the User at the time or after the registration;
PASSWORD: a sequence of letters, numbers, and characters chosen by the User to access the Applications and the website . The Platform emphasizes that it will not have access to this Password as it is personal and non-transferable. Therefore, a User wishing to recover a login must respect the procedures of the Platform when using the "I forgot my password" mechanism;
WEBSITE : www.blocksrvt.com, the Platform's electronic portal, through which the User can access the Services and download the plugin for Revit.
Clause 2 - Purpose of the Terms
2.1. Platform object. The object of these Terms is the provision by the Platform of files called parametric families, for Revit, by subscription to Clube Blocks or free of charge, as available on the website and/or in the Applications that can be accessed and/or downloaded through the User’s Login and Password. The Platform is, therefore, the first subscription club focused on Revit families for interior design.
2.1.1. However, the Platform is made for its User community. No matter how much it seeks excellence in its files, in case a User finds that any file made available on the website, and/or in the Applications, has errors or is incorrect, it should require the correction of the same to the Platform team by sending a request by email (email@example.com), which will be evaluated within seven working days of receipt.
2.2. Ownership of Physical Objects. The User is already aware and agrees that the Platform is not, under any circumstances, owner, seller, reseller, supplier, controller, agent, or maintainer of the furniture and/or physical objects used as reference models for parametric family files and made available to Users. The Platform cannot be considered a seller of the respective furniture and/or physical objects used as reference models for the files of available parametric families.
2.3. Navigation. Anyone may browse the website, as applicable, purely as a visitor. However, membership in the Club Blocks can only be accessed by duly-registered Users who have expressly accepted this Term.
2.4. Communication with Partners. The Platform may facilitate the communication of Users with Platform Partners, intermediating the exchange of information on the website and/or in the Applications, to allow users to have the best experience of the Platform provided the User agrees. Therefore, upon acceptance of this Term, the User willingly and deliberatelyaccepts the use and provision of this information to third parties for the Services' correct provision.
2.5. Payment Intermediation. As for the payment of Recurrences or any other additional service, whose access and contracting have been done through the Platform, this is only an intermediary, as it uses third-party payment methods to effect the transaction. In this case, the Platform will share information on business transactions with the third Party and allow Users to, within the environment indicated by the Platform, authorize the third Party to carry out the relevant debits and funds transfers.
2.6. Applicable Laws. Despite being able to use the website and/or the Applications from anywhere in the world, Users declare themselves aware. They agree that, regardless of where the Platform is being accessed, the relationship of Users with the Platform and its partners will always and under any circumstances be subject to Spanish legislation and any other international data protection legislation.
2.7. Verification of Users. The Platform, to ensure good service, the prevalence of good faith, and the constitutional principles of loyalty and security of Users, in addition to the veracity of the information made available on the website and/or the Applications, will seek to inactivate its base for those Users who do not comply with these principles.
Clause 3 - Registration and Use of Services
3.1. Registration. To use the Services, Users must access the website and/or the Applications and fill out the registration available to enable the use of the Platform and acquire a Recurrence when they want to access the premium tools. Clube Blocks, informing all the data, including personal data, being required for the availability of the Platform's services, the User is solely and legally responsible for the accuracy, precision, and veracity of the information, including before third parties, and is also obliged to keep this data up to date.
3.1.1. Login and Password. The Login and Password that give access to the Register are for the User's personal and non-transferable use, and thus the reason the Platform is not responsible for any unauthorized manipulation of this information by third parties. Therefore, the User must take all necessary measures to maintain the secrecy of said information.
3.1.2. Undue Access. The User has the sole and exclusive responsibility for the improper use of the Services, and its registration since access to it will only be possible by entering the Password, which is understood to be the exclusive knowledge of the User.
3.2. Subscription and Recurrence. When choosing one of the options to enter the Club Blocks and pay the respective Recurrence, the User can use all the tools available for that option, declaring to have read, understood, and accepted the respective Term.
3.3. Information Request. The Platform reserves the right to use all valid and possible means to identify its Users. Therefore the Platform may, at any time, at its discretion, request copies of documents from Users to guarantee the veracity of the data provided by Users, including written authorizations from their legal guardians, in the case of identification of Users who are minors. In these cases, the Platform may suspend services to the User until the receipt of the requested documents, being exempt from any liability or reimbursement to the applicant. In the event the Platform verifies any data as inconsistent with the information presented, the User will have a period of 2 (two) working days to make the necessary corrections, under penalty of having his / her registration blocked until regularization, and the Platform may even cancel it definitively. As mentioned above, the Register deems it necessary to protect its interests and its other Users without prejudice to other measures that it feels essential and opportune.
3.4. Registration Information. The information provided by Users will be for the confidential and exclusive use of the Platform, its affiliates and partners, and will only be provided in the cases provided by law or when occurrence of fraud is found, such as ideological falsehood (use of names and documents) false), improper use of third party intellectual property or incorrect use of the Services, in which case the fraudster's information (name, address, IP, etc.) may be provided to the victim and the responsible authorities, including specialized repression police stations crimes against information technology and electronic fraud.
3.4.1. Infractions. In this sense, and without prejudice to other measures, the Platform may warn, suspend, modify or cancel, temporarily or permanently, the Registration of a User, at any time, initiating the appropriate legal actions and/or discontinuing the provision of its services if a) the User does not comply with any provision of this Term and other Platform policies; b) if the User fails to fulfill requisite duties; c) if the User commits fraudulent and/or willful acts, such as using the website and/or the Applications for illegal activities, or d) if the User's identity cannot be verified or if any information provided by the User is materially incorrect.
3.4.2. Deadline for Resolution. For the purposes of Clause 3.4.1 above, the first suspension will be 15 (fifteen) calendar days, and the second suspension will be 30 (thirty) calendar days. The third suspension will give the Platform authorization to cancel the offending User's account automatically. Inappropriate comments about the Platform, whether on the website and/or the Applications or on other websites, will result in simple notices. However, if it is found that the User continually leaves inappropriate comments - deemed to be of a discriminatory, aggressive, or abusive nature - these will be considered infractions, and the User may be suspended. The Platform reserves the right to cancel and/or suspend any account, at any time, according to internal criteria, presenting justification for this.
3.5. Single Register. The User declares to be aware that only a single Register is allowed under membership; therefore, under no circumstances will the Platform accept, under any circumstances, new simultaneous logins owned by the same User, without the corresponding payment, or the assignment/transfer of the respective account (including qualifications and reputation), checking for that purpose, among other data, the name of the User, his number of the corresponding personal identification document, email address, among other data, at the discretion of the Platform. It will also not be accepted to create a new Register by a User who has been excluded for violations of this Term. A User needing to update any of his data, including personal data, must update the Register with the new information through the website and/or Applications.
3.6. Capacity. The Services are available only to people who have the legal permission to use them; therefore, people who do not enjoy this ability, including minors not authorized by their legal guardian or people whom the Platform has temporarily or permanently disabled. any infraction to this Term, including having multiple Registries, are warned of the Civil Code's legal sanctions, notably, articles 166, item I, 171, item I, and 180 of law No. 10,406 / 02.
3.6.1. Minors' information may not be submitted to the Platform by persons under 18 (eighteen) years. It is strictly forbidden for minors to browse and make use of the Platform, without the consent above of their legal guardians, including collecting their data, in the form of the General Data Protection Law. With the acceptance of this Term, it will be tacitly understood that, if it is verified that the minor has used the Platform, the parents or their legal guardians will be solely responsible for the minors' content, and the activities carried out by them on the Platform. They are exempting the Platform henceforth from any damage that improper use of the Platform may cause to them.
3.7. Non-use of the Register. The non-use of the Register by the User, defined as the absence of any access to it, for a period of 06 (six) months, will give rise to the closure of said Register, the Platform being exempt from any liability or reimbursement due to this cancellation.
3.8. Security and Privacy Rules. The User will be responsible for using the services provided in this Term, observing all applicable national, state, and municipal laws, decrees, and regulations, and in the policies published and disclosed by the Platform, contained in its website and Applications.
3.9. Exemption for Technical and Operational Failures. The Platform will make its best efforts to provide the Services to the User 24 (twenty-four) hours a day, 7 (seven) days a week, except during regular required maintenance, in which case advance notification will be given on the website, at Apps or their official notification channels. However, the Platform will not be held responsible for failures, errors, interruptions, malfunctions, delays, or other imperfections that may arise, including due to technical and/or operational reasons, which are inherent in information technology. Thus, in no way can the provision of service in an uninterrupted and/or error-free manner be guaranteed on the Platform.
3.10. Equipment Configuration. The User will be fully responsible for making sure that the configuration of his equipment is in complete agreement with the minimum security requirements, containing protections such as continually updated antivirus protection, necessary for the enjoyment of the services offered by the Platform, being thus free and exempt from any liability arising from failure to comply with the provisions of this Clause.
3.10.1. The User will also be responsible for having access to the "Revit" software provided by the "Autodesk" company since it is essential for using the services offered by the Platform.
3.10.2. It is essential that the computer on which the User wishes to use the Platform plugin has access to the Internet since the Revit families and other files are hosted on the Platform's servers and not on the User's computer. The Platform does not guarantee the correct functioning of the plugin without a stable Internet connection.
3.10.3. The Revit versions supported by the Platform Plug-in are described on the Plugin download page, and the Platform is not required to provide the Plug-in for other Revit versions, other than the Revit 2019, 2020, and 2021 versions.
3.10.4. The User is also solely responsible for assessing whether his computer has the minimum requirements necessary to use the Revit software.
3.11. Communication with Users. Users will be able to communicate with the Platform provided that such communications are made using the specific communication tools of the website and/or Applications or by email (firstname.lastname@example.org, as they can be tracked and registered by the Platform, to ensure good service, the prevalence of good faith and the constitutional principles of loyalty and security in communications, in addition to the integrity of the services made available by the Platform.
Clause 4 - Recurrence
4.1. General conditions. Due to the full use of the Services and access to the Club Blocks with access to premium tools, the Subscriber will pay monthly, annually, or any other period available for contracting on the Platform, in advance, by credit card, or any other online payment method provided by the Platform, the amount provided on the Registration page and/or on the website or in the Applications.
4.1.1. Monetary correction. The Recurrence values may be automatically adjusted every 12 (twelve) months, counted from the registration act, in accordance with the IGP-M or, in its absence, with the index that will replace it, regardless of prior notification to the User.
4.1.2. Maturity. As soon as a Recurrence is contracted, the expiration will occur on the anniversary of the contracting date, whether performed or not at the time of registration. After the cycle of the first Recurrence has ended, the User authorizes the automatic renewal of his registration, applying the current value at the time of said renewal, upon acceptance of the present Term.
4.1.3. Renovation. For the Subscriber who has signed the Club Blocks with a promotional discount, on the first anniversary of the contracting date, the Recurrence values will be automatically renewed at the current practical values, as the discount is only valid for the informed period, counting from your contracting. Therefore, Subscribers not wanting automatic renewal must follow the procedures outlined in Clause 4.1.4 below. If this cancellation is not carried out in the manner envisaged, it is assumed that the User has agreed to this automatic renewal of the Recurrence values as apply at the time without discount.
4.1.4. Discounts. If the User chooses the specific Recurrence plan to take advantage of a discount on his contract, he will have access to the content of his Recurrence plan until the final date of his agreement, that is, the anniversary of the registration in that Recurrence plan. The payment in installments of the chosen Recurrence plan or its payment in cash is the User's choice with the third parties’ selected means of charge, and has no interference from the Platform. Therefore, in case of cancellation before the anniversary of the registration, for example, before the period of 12 (twelve) months, the amounts already paid will not be refunded in the case of annual Recurrence, even if on a pro-rata basis.
4.1.5. Automatic Renewal Cancellation. If the Subscriber does not want automatic renewal, he must communicate by email (email@example.com) or directly on the Registration page, if this functionality is available there, his desire for non-renewal. If done after the charge of the Recurrence, it will only be valid as of the next anniversary, and any Recurrence already paid will not be refunded.
4.1.6. New taxes. In the event that new taxes are created, or the conditions for calculating and/or collecting existing taxes are changed, and which may impact the current remuneration values, the costs resulting from such impact may be passed on to the Subscriber and added to the existing remuneration to reestablish the economic and financial balance of the provision of the Services.
4.2. Collection and Default Attempts. If the Platform fails to charge the Recurrence in the payment method informed by the User, the User will immediately lose Subscriber access to the Platform and will only be resumed when the User makes the payment corresponding to the current monthly fee, and it will not be necessary to make the payment of monthly fees for the months before the current month.
4.3. Payment methods. After choosing the plan to access a Club Blocks Recurrence, the Platform can redirect the User to a partner website so that the User can pay the due Recurrence. If the Platform is already fully integrated with some form of digital payment, the User will make the payment directly on the website and/or Applications. Upon confirmation of payment, access to the Club Blocks premium tools will be processed within 72 (seventy-two) hours.
4.4. Right of Repentance. The Platform, seeking to respect the legislation applicable to the consumer for the right of repentance, grants the User the possibility to exercise his right of repentance and request the cancellation of his Recurrence to Clube Blocks within 07 (seven) or 15 (fifteen) ) days from the date of collection, in accordance with the legislation of the country of origin. If the User decides to cancel his Recurrence within the above period, any personalization performed by the User during the period is permanently lost unless he exports the data before the end of the period to exercise his right of repentance. After 30 (thirty) days from the end of the Term to exercise the right of repentance, all User data, which are part of a Register, may be deleted, regardless of the export act, being the User's own obligation to maintain a physical backup of these files.
4.4.1. If during the period for exercising the right of repentance, the User does not cancel the subscription to Clube Blocks, it will be understood that the User has tacitly waived his right of repentance and any rights relating to the present, past, and future, relating to facts, obligations, and responsibilities, directly or indirectly related to the right of repentance, having no further cause for complaint, whatever the title, judicially or extrajudicially, at any time.
4.5. Tax Obligations. The Platform is not responsible for the tax obligations that fall on the activities of Users, clarifying, however, that for each Recurrence acquired, an invoice for services must be issued so that the contracting meets the requirements of the current tax legislation.
Clause 5 - Modifications to this Term
5.1. General conditions. The Platform may change, at any time and without prior notice, the requirements of this Term, aiming at improving and improving the Services provided. The new conditions will come into force 10 (ten) consecutive days after their publication on the website and/or Applications. The Platform encourages Users to periodically review this Term to obtain the latest information on its conditions.
5.2. No Agreement. Therefore, within 10 (ten) consecutive days from the publication of the changes, the User may communicate via email (firstname.lastname@example.org) his non-compliance with the new conditions and request his registration cancellation. In this case, the contractual link will cease to exist; however, if no such action is taken within the period stipulated above, it will be understood that the User has tacitly accepted the new conditions of the Term, and this instrument will continue to bind the Parties.
Clause 6 - Prohibited Practices
6.1. General Prohibitions. The Services may be used to assist the User in building their interior design projects, using the families in RFA format. However, it is expressly prohibited by this Term, by the other policies of the Platform, or by the law in force, the insertion of any information by the User that contains specific data, images and / or captions, or that support: (i) any activities illicit; (ii) stolen, stolen or stolen property, or against any illegal source, such as smuggling, forgery or tampering; (iii) cigarettes and tobacco products and / or that support smoking and other illicit habits; (iv) endangered animals of any kind; (v) content related to prostitution or similar, and any information about products of pornographic, erotic, or obscene material; (vi) content that promotes violence and / or discrimination, based on issues of race, sex, religion, nationality, sexual orientation or any other type; (vii) contents or files that contain viruses, programs or codes that could damage data, information or the functioning of other computers; (viii) contents that falsify, omit or simulate IP's, network or electronic mail addresses, in an attempt to hide the identity and / or authorship of the offenders; and (ix) activities that violate the Platform's intellectual property laws, such as unauthorized copies, use of images, texts or files of Revit families, which are the exclusive property of the Platform, without their express authorization, as well as making replicas and / or forgeries, to sell them and / or make them available to third parties by other digital means not authorized by the Platform, and their appropriation for purposes other than those permitted in this Term is strictly prohibited.
6.1.1. User Responsibilities. In this sense, it is the exclusive responsibility of the User to ensure the legality of their activities or professional practices, and the Platform does not assume any responsibility for their existence on the website and/or Applications. The Platform may suspend, block or cancel the Registration of Users who do not comply with the restrictions described in this Term, without prejudice to legal actions that may occur due to the configuration of crimes or misdemeanors resulting from the activities carried out.
6.1.2. Reporting by the Platform. If the Platform finds or suspects that a User is violating any specific condition of this Term or activity that it is considered an illegal or an illicit civil act of counterfeiting, morally and patrimonial damaging the Platform, its Users and/or its Partners, in addition to the measures of protection already described in the present Term, such as the cancellation of said Register, the data of the offending User will be forwarded to the corresponding authorities so that the appropriate legal measures may be taken.
Clause 7 – Privacy and Protection of Personal Data
7.1.1. Statistics and Analytics. In addition to personal data, such as name, age, address, email, and other information, actively provided by the User or by partners and/or third parties, the website and the Applications have the technological capacity to collect other technical information, such as, for example, the User Internet protocol address, computer operating system, browser type and address of reference websites, using pixel tags, beacons and local shared objects, in addition to other information relevant to the functioning of their services, but respecting the privacy and individuality of the User, in the form of the applicable legislation, including but not limited to the Marco Civil da Internet and the General Data Protection Law. The website and the Applications will also be able to use analytics tools to collect information about the way Users access them, always preferring to treat anonymized data, which can be freely used by the Platform, for the elaboration of studies, campaigns, and statistics.
7.2. Sharing. As already determined in this Term, the Platform will not provide the User's data to other parties, without prior authorization from the same, except Partners and other cases previously authorized by this Term and in cases where they are necessary to respond to requests, orders, or questions from governmental, judicial or arbitration entities, to respond to complaints that the content submitted to the website and/or the Applications infringes the rights of third parties or the legislation in force, that is, necessary for the protection of rights, properties and/or security of the website and Applications, its Users and/or the general public.
7.3. Treatment of Personal Data. Users' data will be processed by the Platform, as controller or operator, following the applicable legal bases provided for in the General Data Protection Law, including their specific and unequivocal consent, to comply with legal and regulatory obligations, for the execution of contracts or preliminary agreements, for the regular exercise of rights in judicial, administrative or arbitration proceedings and for the legitimate interest of the Platform. The Platform will make use of the personal data stored in its databases, as described above, for the period necessary for the use of the Users of the website and/or the Applications, without exceeding the legal requirements or limitations, or even to settle any disputes, solve problems and guarantee the rights of the Platform and is not responsible for the use and/or treatment of personal data by other third parties.
7.3.2. Sensitive Personal Data. Personal data defined by law as sensitive should be treated in strict compliance with the applicable legislation and only for specific purposes and without commercial purposes, being confident that the Platform will ensure, whenever possible, that such data is converted into anonymized data, recognizing that sensitive personal data cannot be used on the grounds of legitimate interests.
7.4. Authorization to Disclose Personal Data. The Platform may also, at its discretion, examine the personal data stored in its databases to identify Users with multiple identities or pseudonyms for legal and/or security purposes; provided that the confidential identification document is not the same, the User is allowed more than one registration. In another case, if the Platform is required by law, court order, or other legal processes to disclose any personal data, it will not hesitate to cooperate with these agents. Thus, using this instrument, the User authorizes the Platform to disclose such personal data to meet the purposes indicated above.
7.5. Anonymized data. The anonymized data of Users, that is, data not, under any circumstances, identifiable, recorded due to the system's use (except for the content of personal messages), will serve as inputs for the mapping of market information and the formation of website statistics. And Platform Applications.
7.6. Elimination and/or Return of Personal Data. In the case of a User who expressly disagrees with this Term and necessarily proceeds with the cancellation of his registration in the manner described in this Term, the Platform will remove his data for future consultations and/or return such personal data to the User, but will still maintain some information solely and exclusively to meet the judicial, legal and/or regulatory requirements to which it is submitted, and will provide it only under judicial, administrative or arbitration order.
7.7. Misuse. The use of any device, software, or another resource that may interfere with the activities and operations of the website or the Applications, as well as the accounts or databases of the Platform, is not allowed. Any interference, attempt, or activity that violates or contravenes the intellectual property law laws and/or the prohibitions stipulated in this Term, including making unauthorized copies, reverse engineering, and/or modifications that may create derivative works, will result in the User being liable and subject to the appropriate legal actions, as well as the sanctions provided for herein, as well as responsible for indemnities for any damages caused.
7.8. Questions. In case of questions concerning the protection of personal data collected and processed by the Platform, or to obtain more information about personal data and the exceptional circumstances in which the confidentiality referred to in this Clause may be broken, the User may consult the contact section of Platform or get in touch via email (email@example.com).
Clause 8 - Exemption from Liability of the Platform
8.1. No Link. The Platform does not have any employment relationship or responsibility with Users. However, the Platform maintains control over the activities of its Users, periodically evaluating them and removing from its database any Users who do not meet the Platform's standards of ethics, quality, and good faith, whose main concern is to provide a free and safe environment for the use of family files in RFA format via Plugin for Revit in a safe way, and the User’s complete satisfaction.
8.1.1. No Company Bond. This Term does not generate any partnership, joint venture, mandate, or franchise agreement between the Platform and Users and between Users, who are solely and exclusively responsible for any burdens and charges of federal, state, and municipal tax and the current social legislation.
8.1.2. Limitation of Liability. Because a Platform is purely a tool for the development, provision, organization, and visualization of 3D objects for the architecture and interior design community, the responsibilities for all obligations that fall on the activities of users, be they fiscal, tax, labor, consumers or any other nature, will be exclusive of these. In the event of a judicial appeal against the Platform, the facts of which merge into the User's actions, the User shall be called to the proceedings and must bear all the charges that may result from there, under the terms of the applicable legislation.
8.2. Technical and Operational Failures. The Platform is not responsible for any damage, loss caused by failures in the system, server, or internet resulting from third party conduct or force majeure. The Platform will also not be responsible for any virus that could attack the User's equipment due to accessing, using, installing, or browsing the website or the Applications. Users may not assign any responsibility to the Platform or demand payment for loss of profit due to losses resulting from technical difficulties or failures in systems or the internet. Inevitably, the system may not be available at times for technical reasons or internet failures, or any other fortuitous or force majeure event beyond the Platform's control. For this reason, the Platform reinforces the importance to the User of having an updated antivirus for accessing and using the Services.
8.3. Downloads. Users agree that any materials and/or information obtained through downloading or copying from the website and/or the Applications, including but not limited to files in Revit format available free of charge or exclusively to Subscribers, is at their sole risk; they are responsible for any damages that may be generated to their computers or other technological equipment caused by the use and/or obtaining of such materials and/or information.
8.4. Quality of content. The Platform continually seeks to maintain a high-quality standard, adapting to the maximum the veracity of the objects and/or real furniture with those files available on its Platform. However, the User is already aware that due to technical limitations, including everything being developed directly in Revit, and the software has limitations, variations in color, shapes, size, and/or texture can be expected. In this sense, the Platform takes every care to ensure the best approximate representation of the reproduction of colors and textures in its products. However, it is not responsible for color variation caused by the software, browser, or computer system used by the User when accessing the files. Therefore, complaints from Users regarding variations in colors and textures will not be considered a failure in the provision of the Services by the Platform.
Clause 9 - Term Expiration and Termination
9.1. Term Expiration. This Term has an indefinite term, coming into effect on the date of its electronic acceptance upon registration or when accessing the website and/or Applications. Both Parties may terminate the provision of the services covered by this Term at any time, through prior and express communication to the other Party within 30 (thirty) business days, provided that indemnities resulting from injury to third parties due to the misuse of the services by Users are paid in full.
9.2. Termination of Term. The Platform may terminate this Term and exclude any User from its database, in its own right, regardless of any notification or interpellation, judicial or extrajudicial, in the following cases: (i) for breach of any of its provisions, to prevent the continuation of the object's execution; (ii) if the User, in any way, compromises the public image of the Platform and/or any company associated with it in the provision of services; and (iii) if the User uses practices that disrespect the law, public order, morals, good customs or, still, the present Term and the security and privacy policies of the Platform.
Clause 10 - Intellectual Property
10.1. Intellectual Property of the Blocks Brand and Services. The commercial use of the expression that represents the Platform as a brand, business name, or domain name, as well as the contents of the screens related to the Services on the website and/or the Applications as well as the programs that allow the user to access and use his account, and also the Revit families developed by the Platform (whether physical or virtual objects) and delivered to Users through the website and/or Applications, are property of the Platform and are protected by international laws and treaties on copyright, trademarks, patents, models and industrial designs, except for content, whether they be images, photographs, drawings, graphics, texts, messages, documents, data collections, provided by a User, a third party, or an author unrelated to the Platform. The misuse and the total or partial reproduction of the referred contents are prohibited, except when expressly authorized by the Platform.
10.2. Intellectual Property of File and Software Elements. The intellectual property of the furniture, utensils, objects, and other elements available for families to use, as well as the functionalities of the software used for the operation of Applications, including but not limited to Revit, belong to third parties, which does not mean mere visualization, organization, alteration and/or obtaining of the file (s), under no circumstances, the assignment, licensing or transfer of the rights on such intellectual property, either to the Platform or to the Users.
10.3. Third-Party Links. The Platform may use links that take the Userr to other websites on the network that are not owned or operated by the Platform. In these cases, the Platform will not be responsible for the contents, practices, and services offered in them. The presence of links to other websites does not imply a relationship of society, supervision, complicity, or solidarity of the Platform with these websites and their content.
10.4. Partnerships. The Platform, by partnerships, will be able to facilitate the User's guide for the acquisition of said furniture, utensils, objects, and other elements for the websites of its partners, intermediating the exchange of information between the Platform Users with these Partners, provided that there is the consent of the User, upon acceptance of this Term. Such information may refer to data made available in the Register, such as the USER's address for delivery of said mobile phone number, his email, or any other information made available by the User to the Platform. In the light of this, the User is already aware that the Platform is only an intermediary between the User and these Partners and is not responsible for these with the Users. Therefore, the User recognizes and accepts that when purchasing any furniture, utensil, object, and/or other elements by directing the Platform, he does so at his own risk. Under no circumstances will the Platform be liable for lost profits or any further damage and/or loss that the User and/or its customers may suffer due to the purchase of these items made or not made by directing the Platform.
10.5. Market availability. In no case will the Platform be responsible for the availability (or not) in the market of objects modeled on the Revit families available by the Platform, not being responsible for the loss of profit, frustration, loss of revenue, or any other damage and/or loss that the User and/or his clients may suffer due to the lack of these items for purchase in the market.
Clause 11 - Indemnity. The User indemnifies the Platform, its affiliates, controlled or controlling companies, directors, administrators, employees, representatives, suppliers, and employees for any demand promoted by other Users or third parties arising from their activities on the website and the Applications or for their non-compliance with this Term or breach of any law or the rights of third parties, including attorney's fees.
Clause 12 - General Provisions
12.1. Communications. The User expressly accepts that the Platform and/or any of its partners send their subscribers informative email messages, referring to specific communications inherent to the Services provided under this Term, as well as of a commercial nature, including, among others, partner offers, news in the Services, among other information.
12.2. Changes. To maintain and meet the latest market and technological development requirements, the Platform may change, at its discretion, both in form and in content, suspend or cancel, at its sole discretion, at any time, any of the services, products, utility, or Application, including revisions and/or modifications in the Revit families, made available by Users or by third parties, upon prior notice to the User, including concerning the services available on the website and/or in the Applications, provided in the form of this Term.
12.3. Tolerance. The tolerance of the Platform with a User regarding non-compliance with any of the obligations at this moment assumed will not be considered novation or waiver of any right, constituting mere liberality, which will not prevent the Platform or the User from subsequently demanding the faithful fulfillment of the conditions foreseen in this Term, at any time.
12.4. Disabilities. If any clause, term, or provision of this Term is declared null and/or invalid, such nullity and/or invalidity will not affect any other clauses, terms, or conditions contained herein, which shall remain in full force and effect.
12.5. Assignment. The User may not assign his registration to third parties or other Users. In turn, the Platform may, regardless of any notice or notification, assign the services of the website and/or the Applications, in whole or in part, to partner companies or its economic group, at any time.
12.6. Comprehensive Understanding. Except to the extent that other policies may supplement them, guidelines, standards, and additional disclosures, this Term, and its relevant documents constitute the entire agreement between the Platform and the User with respect to the Services. This Term is not intended to confer any rights or remedies on anyone other than the User and the Platform.
12.7. Other services. If the User uses the website and/or downloads the Application via the services of the App Store of Autodesk and other technology suppliers, as applicable, the latter agrees with the terms and policies issued by these suppliers, without the Platform having any responsibility for such conditions and/or the services they provide.
12.8. Agreement. Thus, given the clauses of this Term, the User entirely agrees with these provisions, committing himself to respect the conditions set forth herein irrevocably and irrevocably, as well as to use the services offered to him profitably and legally, granting, then, an irrevocable mandate to the Platform, so that it, at its own expense and order, executes the orders received on the website and/or in the Applications.
Clause 13 - Applicable Law and Venue
13.1. Applicable law. All items in this Term are governed following the laws of the Federative Republic of Brazil.
13.2. Online Arbitration. The Platform and Users decide that any disputes arising from this Term and the other documents referring to it, which are not resolved amicably between them, must be resolved through an online arbitration procedure, in the form of the Arbitration Law, to be conducted and administered by ARBITRANET, under the procedural rules, and in force at the time of arbitration. To the fullest extent permitted by law, the Parties waive the right to file any appeals against, including, but not limited to, the arbitral award, as well as to argue any exceptions against its enforcement.
13.2.1. Execution of the Arbitral Award. The execution of the arbitral award may be requested in any competent courts, and the arbitral award shall be rendered in Brazilian territory and shall be final, binding the Platform, the Users involved, and their successors in any capacity.
13.3. Other Measures. For coercive measures or precautionary measures of a preventive, provisional, or permanent nature, the Platform and Users elect the district court of the City of São Paulo, State of São Paulo, excluding any other, however privileged it may be.
Clause 14 - General Communications
14.1. In case of any questions, suggestions, and/or comments regarding this Term, the User should contact the Platform by email (firstname.lastname@example.org), which will also serve as a means of communication should the User have any concern that his provisions are not being complied with or detects non-conformities with this Term.
Posted on 29/03/2021
Last updated on 3/29/2021