TERMS AND GENERAL CONDITIONS OF USE FOR BLOCKS SERVICES
These here Terms and General Conditions ("Terms") make up a binding contract and apply to the use of services provided by BLOCKS REVIT DESIGN GRAFICO LTDA, CNPJ (The Brazilian tax identification number for legal entities) 31.175.313/0001-04 ("Platform"), a subsidiary of BLOCKS BIM SPAIN S.L, a limited company duly registered under CIF number B02895126, the owner of the Website, the Revit plugin, and any mobile applications of the company ("Applications"), as well as other services covered by these Terms (collectively referred to as the "Services"), offered to natural or legal persons, of legal age and capacity, who have completed the Registration, with their data becoming an integral part of these Terms, and who have electronically accepted the present Terms and all its clauses by using any application or digital product of the Platform, hereinafter referred to as the User.
The Services available through the Platform will be governed by the clauses and conditions below. The Platform and User will hereinafter be referred to collectively as the "Parties" and individually as a "Party."
Clause 1 - Definitions
1.1. For the precise understanding and interpretation of the rights and obligations set forth in these Terms, the following definitions shall apply:
A) User: an individual who has requested, downloaded the free material (Plugin), used the Free Plan, and/or purchased access to the premium tools of the "Blocks Plugin," a paid and exclusive product, with access to all Platform Services, including additional features.
B) Registration: the user profile containing the User's data, which must be completed in order to fully utilize the Services, including, but not limited to, downloading the free material (Plugin), using the Free Plan (free of charge), or subscribing to the Premium Plan of the Blocks Plugin, subject to recurring payment.
C) Login: the information that the User will use to access the Website and Applications with their Registration, which is personal and non-transferable.d) Recurring Payment: the amount payable by Premium Users who wish to have full access to the Blocks Plugin and Services, according to the chosen option at the time of or after Registration.
E) Password: a sequence of letters, numbers, and characters chosen by the User when accessing the Applications and Website. The Platform emphasizes that it will not have access to this Password, as it is personal and non-transferable. Therefore, if the User wishes to recover their access, they must follow the Platform's procedures when using the "Forgot Password" mechanism.
F) Website: www.blocksrvt.com, the Platform's online portal through which Users can access the Services and download the Revit plugin.
G) Free Plan: a plan that provides limited access to the content available in the Plugin and Services.
H) Premium Plan: a plan that provides access to all content available in the Plugin and Services, subject to a recurring payment.
Clause 2 - Object of the Terms
2.1. Platform's Object: The object of these Terms is the provision, by the Platform, of files, called parametric families, for Revit, through subscription to the Blocks Plugin or free of charge, as available on the Website and/or the Applications, which can be accessed using your Login and Password. Therefore, the Platform is the first subscription Plugin focused on Revit families for interior design.
2.1.1. However, the Platform is made for its community of Users, and although it strives for excellence in its files, if a User finds any errors or inaccuracies in any file available on the Website and/or the Applications, they must request its correction from the Platform's team by sending a request via email (email@example.com), which will be evaluated within 7 business days from its receipt.
2.2. Ownership of Physical Objects: The User hereby acknowledges and agrees that the Platform is not, under any circumstances, the owner, seller, reseller, supplier, controller, agent, or maintainer of the furniture and/or physical objects used as reference models for the parametric family files provided to Users. The Platform cannot be considered a seller of the respective furniture and/or physical objects used as reference models for the available parametric family files.
2.3. Navigation: Any person may browse the Website, as applicable, as a mere visitor. However, joining the Blocks Free or Premium Plan can only be done by Users who have duly registered and expressly accepted these Terms.
2.4. Communication with Partners: The Platform may facilitate Users' communication with the Platform's Partners, mediating the exchange of information on the Website and/or the Applications, in order to provide Users with the best Platform experience, provided the User's consent is obtained. Therefore, by accepting these Terms, the User deliberately agrees to the use and provision of such information to third parties for the proper provision of the Services.
2.5. Payment Intermediation: Regarding the payment of Recurrences or any other additional services, whose access and contracting have been made through the Platform, the Platform only acts as an intermediary, as it uses third-party payment methods, partners of BLOCKS BIM SPAIN S.L., the Platform's controller, to carry out the transaction, which is conducted as an international or national transaction, depending on the User's location. In this case, the Platform will share information about the commercial transactions with the third party and will allow Users to authorize the third party, within the interface indicated by the Platform, to carry out relevant debits and fund transfers. The User is responsible for paying the due taxes, according to Brazilian legislation, for the import of services.
2.6. Applicable Laws: Although the Site and/or the Applications can be accessed from any part of the world, Users declare and agree that, regardless of the location from which the Platform is accessed, their relationship with the Platform and its partners will always and in any case be subject to Brazilian law, and in the case of data protection, any other international legislation.
2.7. User Verification: In order to ensure good customer service, the prevalence of good faith, and the constitutional principles of loyalty and security for Users, as well as the accuracy of the information made available on the Website and/or the Applications, the Platform will seek to deactivate from its User database those who do not adhere to these principles.
Clause 3 - Registration and Use of Services
3.1. Registration Process: In order to use the Services, either fully or partially, Users must access the Website and/or the Applications and complete the provided Registration form to enable the use of the Platform. Users may also acquire a Recurring Payment when they wish to have access to the premium tools of the Blocks Plugin, providing all the required information, including personal data, necessary for the full provision of the Platform's services. The User is solely responsible, both civilly and criminally, for the accuracy, precision, and truthfulness of the information provided, including towards third parties, and is also responsible for keeping their data up to date.
3.1.1. Login and Password: The Login and Password used to access the Registration are personal and non-transferable to the User. Therefore, the Platform is not responsible for any unauthorized manipulation of this information by third parties. The User must take all necessary measures to keep this information confidential.
3.1.2. Unauthorized Access: The User is solely and exclusively responsible for the improper use of the Services and their Registration, as access is only possible by entering the Password, the knowledge of which is exclusive to the User.
3.2. Subscription and Recurring Payment: By choosing one of the options to join the Blocks Plugin and, in the case of the Premium Subscription, paying the corresponding Recurring Payment, the User can use all the tools provided for that option. By doing so, the User declares that they have read, understood, and accepted the respective Terms.
3.3. Information Request: The Platform reserves the right to use all valid means to identify its Users. Therefore, the Platform may, at any time and at its discretion, request copies of Users' documents to verify the accuracy of the information provided by Users. This may include written authorizations from legal guardians in the case of Users who are minors. In such cases, the Platform may suspend the provision of services to the User until the requested documents are received. The Platform is exempt from any liability or reimbursement to the claimant. If any data is found to be inconsistent with the documents presented, the User will have a period of 2 (two) business days to make the necessary corrections. Failure to do so may result in the User's Registration being blocked until the situation is rectified, and the Platform may even permanently cancel the said Registration if it deems it necessary to protect its interests and the interests of other Users, without prejudice to any other measures it deems necessary and appropriate.
3.4. Registration Information: The information provided by Users will be confidential and exclusively for the use of the Platform, its affiliates, and its partners. Such information will only be provided as required by law or in cases of fraud, such as identity theft (use of false names and documents), misuse of third-party intellectual property, or incorrect use of the Services. In such cases, the information of the fraudulent user (name, address, IP, etc.) may be provided to the affected parties and the appropriate authorities, including specialized departments for the repression of computer crimes and electronic fraud.
3.4.1. Infractions: In addition to other measures, the Platform may warn, suspend, modify, or permanently cancel a User's Registration at any time, initiate legal actions, and/or suspend the provision of its services if: a) the User fails to comply with any provision of these Terms and other Platform policies; b) the User fails to fulfill their User obligations; c) the User engages in fraudulent and/or deceitful acts, such as using the Website and/or the Applications for illicit activities; or d) the User's identity cannot be verified or if any information provided by the User is materially incorrect.
3.4.2. Remedy Periods: For the purposes of Clause 3.4.1 above, the first suspension will last 15 (fifteen) calendar days, and the second suspension will last 30 (thirty) calendar days. The third suspension will authorize the Platform to automatically cancel the account of the infringing User. Inappropriate comments about the Platform, whether on the Website and/or the Applications or on other internet sites, will result in warnings. However, if it is found that the User regularly makes inappropriate, discriminatory, aggressive, or abusive comments, these actions 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, based on internal criteria, with justification provided.
3.5. Single Registration: The User acknowledges that they may only have a single Registration under their name. The Platform does not accept, under any circumstances, new simultaneous logins from the same User without the corresponding payment or the assignment/transfer of the respective account (including ratings and reputation). The Platform will verify, among other data, the User's name, corresponding personal identification number, email address, and other data at its discretion. The creation of a new Registration by a User who has been excluded due to violations of these Terms will also not be accepted. If the User needs to update any of their data, including personal information, they must simply update the Registration with the new information through the Website and/or the Applications.
3.6. Legal Capacity: The Services are available only to individuals who have legal capacity to use them. Therefore, individuals lacking such capacity, including unauthorized minors or individuals who have been temporarily or permanently disabled from the Platform due to any violation of these Terms, including having multiple Registrations, are warned about the legal sanctions under the Civil Code, notably Articles 166, Section I, 171, Section I, and 180 of Law No. 10.406/02.
3.6.1. Information of minors may not be submitted to the Platform by individuals under 18 (eighteen) years of age without the prior consent of their parents or legal guardians. It is strictly prohibited for minors to browse and use the Platform without the aforementioned consent from their legal guardians, including for the collection of their personal data under the General Data Protection Law. By accepting these Terms, it is tacitly understood that if it is discovered that a minor has used the Platform, the parents or legal guardians will be solely responsible for the content accessed by minors and the activities carried out by them on the Platform, and the Platform is hereby released from any damage that may be caused by the improper use of the Platform.
3.7. Non-Use of Registration: If the User does not use their Registration, defined as the absence of any access to it, for a period of 6 (six) months, the Platform may terminate the Registration, and the Platform shall be exempt from any liability or reimbursement due to such cancellation.
3.8. Security and Privacy Rules: The User is responsible for using the services provided under these Terms, complying with all applicable national, state, and municipal laws, decrees, and regulations, as well as the policies published and disclosed by the Platform on its Website and Applications.
3.9. Exemption for Technical and Operational Failures: The Platform will make its best efforts to ensure that the Services are available to the User 24 (twenty-four) hours a day, 7 (seven) days a week, except for regular maintenance, which will be notified in advance through a notice on the Website, the Applications, or official notification channels. However, the Platform will not be held responsible for failures, errors, interruptions, malfunctions, delays, or other imperfections that may arise, including for technical and/or operational reasons that may occur in the field of information technology. The Platform does not guarantee the uninterrupted and error-free provision of the Service in any way.
3.10. Equipment Configuration: The User is solely responsible for ensuring that their equipment is properly configured with the minimum security requirements, including up-to-date antivirus protections, necessary to enjoy the services offered by the Platform. The Platform is free from any responsibility arising from the User's failure to comply with the provisions of this clause.
3.10.1. The User is also responsible for having access to the "Revit" software provided by the company "Autodesk," as it is essential for the use of the services offered by the Platform.
3.10.2. It is essential that the computer on which the User wishes to use the Platform's plugin has internet access since the Revit families and other files are hosted on the Platform's servers, 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 versions of Revit supported by the Platform's Plugin are described on the Plugin download page, and the Platform is not obliged to provide the Plugin for versions of Revit other than Revit 2020 and higher.
3.10.4. The User is solely responsible for assessing whether their computer meets the minimum requirements for using the Revit software.
3.11. Communication with Users: Users may communicate with the Platform using the specific communication tools provided on the Website and/or the Applications or by email (firstname.lastname@example.org). Such communications may be monitored and recorded by the Platform to ensure good customer service, the prevalence of good faith, and compliance with the constitutional principles of loyalty and security in communications, as well as the integrity of the services provided by the Platform.
Clause 4 - Recurring Payment
4.1. General Conditions: In order to have full access to the Services and join the Blocks Plugin with access to premium tools, the User shall pay, in advance, either monthly, annually, or at any other available billing period on the Platform, the amount specified on the Registration page and/or on the Website or the Applications, using a credit card or any other online payment method provided by the Platform.
4.1.1. Changes to the Price and Subscription Plans: We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.
4.1.2. Due Date: Once a Recurring Payment is contracted, the due date will be on the anniversary of the contracting date, regardless of whether it was done at the time of Registration. After the completion of the first Recurring Payment cycle, the User hereby authorizes the automatic renewal of their Registration, applying the current value at the time of renewal, subject to acceptance of these terms.
4.1.3. Renewal: For Users who have subscribed to the Blocks Premium Plugin with a promotional discount, on the first anniversary of the contracting date, the Recurring Payment amounts will be automatically renewed at the current prevailing rates, as the discount is valid only for the specified period, counted from the contracting date. Therefore, if the User does not wish for automatic renewal, they must follow the procedures specified in Clause 4.1.4 below. If this cancellation is not made as prescribed, it is presumed that the User agrees to the automatic renewal of the Recurring Payment amounts at the prevailing rates without the discount.
4.1.4. Discounts: If the User chooses a specific Recurring Payment plan to enjoy a discount at the time of contracting, they will have access to the content of their Recurring Payment plan until the end date of the plan, i.e., the anniversary of the Registration in that Recurring Payment plan. The installment or upfront payment for the chosen Recurring Payment plan is the User's choice with the third-party payment method chosen and the Platform's controller partners, and the Platform has no interference in this regard. Therefore, in the event of cancellation before the anniversary of the Registration, for example, before the 12-month period in the case of an annual Recurring Payment, the already paid amounts will not be refunded, even on a pro rata basis.
4.1.5. Cancellation of Automatic Renewal: If the User does not wish for automatic renewal, they must communicate their intention by email (email@example.com) or directly on the Registration page, if this functionality is available there. If done after the Recurring Payment has been charged, the cancellation will only take effect from the next anniversary, and any already paid Recurring Payments will not be refunded, either in full or in part.
4.1.6. New Taxes: In the event that new taxes are created or the conditions for calculating and/or collecting existing taxes are altered, resulting in an impact on the current remuneration amounts, the costs resulting from such impact may be passed on to the User and added to the current remuneration amount to restore the economic and financial balance of the Service provision.
4.2. Payment Attempts and Default: If the Platform is unable to collect the Recurring Payment using the payment method provided by the User, the User will immediately lose access to the Platform and will only regain access upon making the corresponding payment for the current month.
4.3. Payment Methods: After selecting the plan for a Recurring Payment, the Platform may redirect the User to a website of the Platform's controller partners to make the payment due for the Recurring Payment, which may involve an international or national payment method. The User is responsible for paying any taxes related to this type of transaction. If the Platform is fully integrated with a digital payment method, the User may make the payment directly on the Website and/or the Applications. Upon payment confirmation, access to the premium tools of the Blocks plugin will be granted within 72 (seventy-two) hours.
4.4. Right of Withdrawal: In order to comply with applicable consumer legislation regarding the right of withdrawal, the Platform grants the User the possibility to exercise their right of withdrawal and cancel their subscription to the Blocks Premium Plugin Recurring Payment within 7 (seven) or 15 (fifteen) days from the date of payment, as stipulated by the legislation of the User's country of origin. If the User decides to cancel their Recurring Payment within the above-mentioned period, any customizations made by the User during the period will be permanently lost unless the User exports the data before the end of the withdrawal period. After 30 (thirty) days from the exercise of the withdrawal right, all User data that is part of a Registration may be deleted, regardless of export, and it is the User's responsibility to keep a physical backup of these files.
4.4.1. If, during the withdrawal period, the User does not cancel their Blocks plugin subscription, it will be understood that the User has tacitly waived their right of withdrawal and any rights related to the past, present, and future regarding facts, obligations, and responsibilities directly or indirectly related to the right of withdrawal, having no further claims, whether judicially or extrajudicially, at any time.
4.5. Tax Obligations: The Platform is not responsible for the tax obligations related to the activities of the Users, clarifying, however, that a service invoice must be issued for each acquired Recurring Payment to comply with the requirements of the current tax legislation.
4.6. International Payment: All payments related to the provided services are made through partners associated with the Platform's controller company, located in Spain, BLOCKS BIM SPAIN S.L. By agreeing to these Terms, the User acknowledges and agrees to this procedure.
Clause 5 - Modifications to this Agreement
5.1. General Conditions: The Platform may modify the conditions of this Agreement at any time and without prior notice, aiming to improve and enhance the provided Services. The new conditions will become effective 10 (ten) consecutive days after their publication on the Website and/or the Applications. The Platform encourages Users to periodically review this Agreement to obtain the latest information regarding its conditions.
5.2. Non-Agreement: Therefore, within 10 (ten) consecutive days from the publication of the modifications, the User may communicate their disagreement with the new conditions by email (firstname.lastname@example.org) and request the cancellation of their Registration. In this case, the contractual relationship will cease to exist. However, if there is no communication within the specified period, it will be deemed that the User has tacitly accepted the new conditions of the Agreement, and this instrument will continue to bind the Parties.
Clause 6 - Prohibited Practices
6.1. General Prohibitions: The Services may be used to assist Users in designing their interior design projects by using RFA format families. However, the following are expressly prohibited by this Agreement, the Platform's other policies, or the applicable law: (i) the insertion of any information by the User containing certain data, images, and/or captions that promote illegal activities; (ii) stolen, stolen, or unlawfully obtained properties, such as smuggling, counterfeiting, or alterations; (iii) cigarettes and tobacco derivatives or promoting smoking and other illegal habits; (iv) endangered animals of any species; (v) content related to prostitution or similar activities, and any information about pornographic, erotic, or obscene material; (vi) content promoting violence and/or discrimination based on race, gender, religion, nationality, sexual orientation, or any other type; (vii) content or files containing viruses, programs, or codes that may damage data, information, or the operation of other computers; (viii) content falsifying, omitting, or simulating IP addresses, network addresses, or email addresses in an attempt to conceal the identity and/or authorship of the transgressors; and (ix) activities that violate the Platform's intellectual property laws, such as unauthorized copying, use of images, texts, or files from Revit families owned exclusively by the Platform without express authorization, as well as creating replicas and/or forgeries to sell or provide them to third parties through unauthorized digital means, strictly prohibited for purposes other than those permitted in this Agreement.
6.1.1. User's Responsibilities: In this regard, it is the User's sole responsibility to ensure the legality of their activities or professional practices, and the Platform assumes no responsibility for their existence on the Website and/or the Applications. The Platform may suspend, block, or cancel the Registration of Users who fail to comply with the restrictions described in this Agreement, without prejudice to legal actions that may arise from the commission of offenses or misdemeanors resulting from their activities.
6.1.2. Reporting by the Platform: If the Platform verifies or suspects that a User is violating any specific condition of this Agreement or engaging in illicit activities or civil infringements, causing moral and financial harm to the Platform, its Users, and/or its Partners, in addition to the protective measures already described in this Agreement, such as canceling the respective Registration, the data of the infringing User will be forwarded to the appropriate authorities for them to take the necessary legal measures.
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 others actively provided by the User or partners/third parties, the Website and Applications have the technological capability to collect other technical information, such as the User's Internet Protocol (IP) address, computer operating system, browser type, and referral website addresses through pixel tags, beacons, and local shared objects, as well as other information relevant to the operation of their services. However, these respect the privacy and individuality of the User in accordance with applicable law, including but not limited to the Internet Civil Rights Framework and the General Data Protection Law. The Website and Applications may also use analytics tools to collect information about how Users access them, always preferring to handle anonymized data, which may be freely used by the Platform for studies, campaigns, and statistics.
7.2. Sharing: As determined in this Agreement, the Platform will not provide the User's personal data to others without prior authorization, except for Partners and other cases previously authorized by this Agreement and when necessary to respond to requests, orders, or inquiries from governmental, judicial, or arbitral entities for the purpose of addressing claims that the content submitted to the Website and/or Applications infringes third-party rights or the applicable legislation or is necessary for the protection of the rights, properties, and/or safety of the Website, Applications, their Users, and/or the general public.
7.3. Processing of Personal Data: The Platform will process Users' personal data as a controller or processor, in accordance with the applicable legal bases provided for in the General Data Protection Law, including their specific and unequivocal consent, for compliance with legal and regulatory obligations, for the execution of contracts or preliminary agreements, for the regular exercise of rights in a judicial, administrative, or arbitral proceeding, and for the legitimate interests of the Platform. The Platform will use the personal data stored in its databases as described above for the period necessary for Users' use of the Website and/or Applications, without exceeding legal requirements or limitations or to resolve disputes, address issues, and ensure the rights of the Platform, and is not responsible for the use and/or processing of personal data by other third parties.
7.3.2. Sensitive Personal Data: Personal data defined by law as sensitive will be strictly processed in compliance with applicable law and for specific purposes without commercial purposes. The Platform will ensure, whenever possible, that such data is anonymized, acknowledging that sensitive personal data cannot be used on the grounds of legitimate interests.
7.4. Prevention of Multiple Registrations: At its discretion, the Platform may examine the personal data stored in its databases to identify Users with multiple identities or pseudonyms for legal and/or security purposes, considering that the same personal identification number cannot have more than one Registration. In another scenario, if the Platform is legally required, by court order, or other legal process, to disclose any personal data, it will not hesitate to cooperate with these agents, respecting the limitations provided by applicable law. Thus, through this instrument, the User authorizes the Platform to disclose such personal data to fulfill the aforementioned purposes.
7.5. Anonymized Data: Anonymized data of Users, i.e., data that cannot be identified under any circumstances, recorded due to system use (excluding personal message content), will serve as inputs for market information mapping and statistics formation for the Platform's Website and Applications.
7.6. Deletion and/or Return of Personal Data: Regarding the User who expressly disagrees with this Agreement and necessarily proceeds with the cancellation of their Registration as described in this Agreement, the Platform will remove their personal data for future queries and/or return such personal data to the User. However, some information will be kept solely to comply with judicial, legal, and/or regulatory requirements to which it is subject and will be provided only under a court, administrative, or arbitral order.
7.7. Unauthorized Use: The use of any device, software, or other resource that interferes with the activities and operations of the Website, Applications, or the Platform's accounts or databases is not permitted. Any intrusion, attempt, or activity that violates or contravenes intellectual property rights laws and/or the prohibitions stipulated in this Agreement, including unauthorized copying, reverse engineering, and/or modifications that may create derivative works, will make the responsible party liable for legal actions and subject to the sanctions provided herein, and they will also be responsible for any damages caused.
7.8. Inquiries: If there are any doubts about the protection of personal data collected and processed by the Platform, or to obtain more information about personal data and exceptional cases in which the confidentiality referred to in this clause may be broken, the User may consult the contact section of the Platform or contact them via email email@example.com.
Clause 8 - Platform Disclaimer
8.1. Absence of Employment Relationship: The Platform does not have any employment relationship or responsibility with the Users. However, the Platform maintains control over the activities of its Users by periodically evaluating them and removing any Users from its database who do not meet the ethical standards, quality, and good faith of the Platform. The Platform's main concern is to provide a free and safe environment for the use of RFA format family files via the Revit Plugin securely and to ensure Users' complete satisfaction.
8.1.1. Absence of Partnership: This Agreement does not create any partnership, joint venture, agency, or franchise agreement between the Platform and the Users, as well as between the Users themselves. Users are solely responsible for all taxes and charges imposed by federal, state, and municipal tax legislation, as well as prevailing social legislation.
8.1.2. Limitation of Liability: As the Platform is merely a tool for the development, provision, organization, and visualization of 3D objects for the architecture and interior design community, all obligations arising from the Users' activities, whether fiscal, tax-related, labor-related, consumer-related, or of any other nature, are solely the responsibility of the Users. In the event of a legal dispute where the Platform is named as a defendant, based on the User's actions, the User will be called to the proceedings and will be responsible for all costs incurred, in accordance with applicable law.
8.2. Technical and Operational Failures: The Platform is not responsible for any damages or losses caused by system failures, server failures, or internet failures resulting from the actions of third parties, force majeure, or fortuitous events. The Platform will also not be liable for any viruses that may attack the User's equipment as a result of accessing, using, installing, or browsing the Website or Applications. Users cannot hold the Platform responsible or demand payment for damages or lost profits resulting from technical difficulties or failures in the systems or the internet. Occasionally, the system may not be available due to technical reasons, internet failures, or any other fortuitous event or force majeure beyond the control of the Platform. For this reason, the Platform advises Users to have updated antivirus software to access and use the Services.
8.3. Downloads: Users agree that any materials and/or information obtained through downloading or copying from the Website and/or Applications, including but not limited to free or exclusive Revit format files, are at their sole risk. Users are responsible for any damages that may be caused to their computers or other technological equipment as a result of using and/or obtaining such materials and/or information.
8.4. File Quality: The Platform always strives to maintain a high standard of quality, aiming to match the realism of real-life objects and furniture with the available files on its Platform. However, Users are hereby aware that due to technical limitations, including the direct development within Revit and the limitations of the software itself, variations in color, shape, size, and/or texture may be expected. In this regard, the Platform takes all precautions to ensure the best approximate representation of color and texture reproduction in its products but is not responsible for color variations caused by the User's software, browser, or computer system when accessing the files. Therefore, User complaints regarding color and texture variations will not be considered as a failure in the provision of Services by the Platform.
Clause 9 - Term, Effectiveness, and Termination
9.1. Term of the Agreement: This Agreement has an indefinite term and comes into effect on the date of electronic acceptance upon Registration or access to the Website and/or Applications.
9.2. Termination of the Agreement: Both Parties may terminate the provision of the services under this Agreement at any time by giving prior written notice to the other party within a period of 30 (thirty) business days, provided that any indemnities resulting from harm to third parties due to misuse of the services by the Users are settled. In the event of termination by the User, the provisions of Clause 4 shall apply. The Platform may also terminate this Agreement and remove any User from its database, without any prior notification or legal or extrajudicial summons, in the following cases: (i) breach of any of its provisions, preventing the continuation of the performance of the Agreement; (ii) if the User, in any way, compromises the public image of the Platform and/or any associated company in the provision of services; and (iii) if the User engages in practices that violate the law, public order, morality, good customs, or the terms of this Agreement and the Platform's security and privacy policies.
Clause 10 - Intellectual Property
10.1. Intellectual Property of the Blocks Brand and Services: The commercial use of the expression representing the Platform as a trademark, business name, or domain name, as well as the content of the screens related to the Services on the Website and/or Applications, the programs that allow Users to access and use their accounts, and the Revit families developed by the Platform (whether physical or virtual objects) and delivered to Users through the Website and/or Applications, are the property of the Platform and are protected by international copyright, trademark, patent, and industrial design laws and treaties, except for content, such as images, photographs, drawings, graphics, texts, messages, documents, and data compilations provided by a User, a third party, or an author unrelated to the Platform. Unauthorized use and total or partial reproduction of such content are prohibited unless expressly authorized by the Platform.
10.2. Intellectual Property of File Elements and Software: The intellectual property of furniture, utensils, objects, and other elements available for use in families, as well as the functionalities of the software used for the operation of Applications, including but not limited to Revit, belongs to third parties. The mere visualization, organization, alteration, and/or obtaining of the file(s), in any case, does not constitute a transfer, licensing, or assignment of rights to such intellectual property, whether to the Platform or the Users.
10.3. Third-Party Links: The Platform may use links that direct 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 content, practices, and services offered on those websites. The presence of links to other websites does not imply any partnership, supervision, complicity, or solidarity relationship between the Platform and those websites and their content.
10.4. Partnerships: Due to partnerships, the Platform may facilitate User redirection to partner sites for the acquisition of furniture, utensils, objects, and other elements, mediating the exchange of information between the Platform's Users and these partners, provided the User agrees by accepting this Agreement. Such information may include the User's address for furniture delivery, email address, or any other information provided by the User to the Platform. In this regard, the User acknowledges that the Platform is only an intermediary between the User and these partners and does not assume any responsibility for the obligations of these partners towards the Users. Therefore, the User acknowledges and accepts that when purchasing any furniture, utensils, objects, and/or other elements through the Platform's redirection, they do so at their own risk. In no event shall the Platform be liable for lost profits or any other damages or losses that the User and/or their clients may suffer due to the purchase or non-purchase of these items through the Platform's redirection.
10.5. Market Availability: In no event shall the Platform be responsible for the availability (or lack thereof) of the objects modeled in the Revit families available on the Platform, and the Platform shall not be liable for lost profits, frustration, loss of revenue, or any other damages or losses that the User and/or their clients may suffer due to the unavailability of these items for purchase on the market.
Clause 11 - Indemnification. The User shall indemnify the Platform, its affiliates, controlled or controlling companies, directors, administrators, employees, representatives, suppliers, and employees for any claims brought by other Users or third parties arising from their activities on the Website and Applications or from their non-compliance with this Agreement or the violation of any laws or third-party rights, including attorney fees.
Clause 12 - General Provisions
12.1. Communications: The User expressly agrees that the Platform and/or any of its partners may send informational email messages to its Users regarding specific communications inherent to the Services provided under this Agreement, as well as commercial communications, including, among others, offers from partners, updates on the Services, and other information.
12.2. Amendments: In order to meet the latest market requirements and technological developments, the Platform may, at its discretion, modify, suspend, or cancel, at any time, any of the services, products, utilities, or applications, including revisions and/or modifications to the Revit families, provided by itself or by third parties, upon prior notice to the User, including with respect to the services available on the Website and/or Applications, as provided in this Agreement.
12.3. Tolerance: The Platform's tolerance towards a User's non-compliance with any of the obligations assumed herein shall not be considered novation or waiver of any rights, constituting mere generosity, which shall not prevent the Platform or the User from subsequently demanding the faithful fulfillment of the conditions set forth in this Agreement at any time.
12.4. Invalidity: If any clause, term, or provision of this Agreement is declared null and/or invalid, such nullity and/or invalidity shall not affect any other clauses, terms, or provisions contained herein, which shall remain in full force and effect.
12.5. Assignment: The User may not assign their Registration to third parties or other Users. The Platform, on the other hand, may, without notice or notification, assign the services of the Website and/or Applications, in whole or in part, to partner companies or its economic group at any time.
12.6. Entire Understanding: Except to the extent that they may be supplemented by other policies, guidelines, rules, and additional disclosures, this Agreement and its relevant documents constitute the entire agreement between the Platform and the User regarding the Services. This Agreement is not intended to confer any rights or remedies on any person other than the User and the Platform.
12.7. Other Services: If the User uses the Website and/or downloads the Application using the services of the Autodesk App Store and other technology providers, as applicable, they agree to the terms and policies issued by these providers, without the Platform assuming any responsibility for such conditions and/or the services provided by them.
12.8. Agreement. Therefore, considering the clauses of this Agreement, the User fully agrees to these provisions, committing to abide by the conditions herein in an irrevocable and non-retractable manner, as well as to use the services offered to them in a beneficial and lawful manner, thereby granting the Platform an irrevocable mandate to execute the orders received on the Website and/or Applications on its own account and behalf.
Clause 13 - Applicable Law and Jurisdiction
13.1. Applicable Law: All items of this Agreement are governed by the laws of the Federative Republic of Brazil.
13.2. Online Arbitration: The Platform and the Users agree that any disputes arising from this Agreement and the other documents referred to herein, which are not resolved amicably between them, shall be settled through an online arbitration procedure in accordance with the Arbitration Law, to be conducted and administered by ARBI.ON, in accordance with the procedural rules in force at the time of arbitration. To the fullest extent permitted by law, the Parties waive the right to file any appeals, including, but not limited to, appeals against the arbitral award, and to raise any objections to its enforcement.
13.2.1. Enforcement of the Arbitral Award: The enforcement of the arbitral award may be sought in any competent court, and the arbitral award shall be rendered in Brazilian territory and shall have a final and binding effect, obliging the Platform, the involved Users, and their successors, in any capacity.
13.3. Other Measures: For coercive measures or preventive, temporary, or permanent injunctive relief, the Platform and the Users elect the jurisdiction of the courts of the City of São Paulo, State of São Paulo, to the exclusion of any other, no matter how privileged it may be.
Clause 14 - General Communications
14.1. If there are any doubts, suggestions, and/or comments regarding this Agreement, the User should contact the Platform via email (firstname.lastname@example.org), which will also serve as a means of communication if the User realizes that its provisions are not being complied with or detects non-compliance with this Agreement.
Published on 03/29/2021
Last updated on 08/17/2023