Terms of Service

Terms & Conditions Rev. 4.1 (new plans)

Terms & Conditions Rev. 2.2 (old plans)

Security Measures

Terms & Conditions Rev. 4.1

ARTICLE 1 - OBJECT OF THE AGREEMENT 

Upon the making of this Agreement, HoloBuilder Inc. agrees to enable the Customer to use the Software in accordance with Article 2 below. The Customer agrees to pay a usage fee according to Article 4 below, in case they have subscribed to a paid plan. The Software that HoloBuilder Inc. provides is used to create and share Augmented (AR) and Virtual Reality (VR) content in terms of so-called ”HoloBuilder projects”, “360° projects” or simply “projects” using data that the Customer uploads in an Account the Customer creates (Article 8). These data are composed of various parameters, the image and 3D data, settings, and other necessary information. HoloBuilder Inc. thus simultaneously creates a platform through which users can discuss the AR/VR projects and technical problems and can use AR/VR projects already carried out (public HoloBuilder projects) by other users.  

 

ARTICLE 2 - CONTRACT CONCLUSION

Create an account free of charge by clicking the LOGIN button on either HoloBuilder website or the “Create account” button in the main HoloBuilder user interface if the first User registration form is already opened.

Using the “LOGIN” button opens a first User form where you can enter your e-mail address and a password of your choice, or log in via Facebook or Google+. After consenting to the standard terms and conditions, you can send in the data by clicking the "SIGNUP" button. Book a paid plan of your choice to activate any features on the pricing page (https://www.holobuilder.com/premium). Alternatively, you can register in the same way by clicking one of the “Buy this plan” buttons on the pricing page (https://www.holobuilder.com/premium) to create an account and directly subscribe to a paid plan, then providing the required information.

Register for a 21-day free trial by clicking the “FREE TRIAL”/”START FREE TRIAL”/”START NOW” button on any of the HoloBuilder websites. This opens a signup dialog where you can enter your e-mail address, a password of your choice, as well as additional usage information, or log in via Facebook or Google+. After consenting to the standard terms and conditions, you can send in the data by clicking the "SIGNUP" button. When this information is provided, all HoloBuilder features are available to you free of charge for three weeks. At the end of this three week period, we will automatically terminate the subscription without any charges, unless you subscribe or have subscribed to a paid plan before the trial phase ended.

You can immediately log into your account when finishing the registration. With completion of the registration, an e-mail will be sent to you at the e-mail address previously provided in the registration form. If registered by e-mail, clicking on the in the welcome e-mail provided verification link will persistently activate your account. If you do not verify your account by clicking the verification link within 14 days, your account will be deactivated and needs to be reactivated again.  

 

ARTICLE 3 - HOLOBUILDER INC. PERFORMANCE 

  1. HoloBuilder Inc. grants the use of a software application. This Software is composed of various components that enable the Customer to create projects. HoloBuilder Inc. is thus providing a technical construct for use. The data transmitted by the Customer will be forwarded by HoloBuilder Inc. to computers always in encrypted form. The use of the Software will be carried out partly on these computers and partly on the Customer's computer. As soon as the Customer saves a project, the data will be loaded to the web server from the Customer's local computer. HoloBuilder Inc. then forwards the data and the settings to external computer centers. As soon as the Customer requests a project, the data are sent to the web server and can be called up by the Customer in his or her Account, which loads the data onto his or her computer.
  2. HoloBuilder Inc. rents computing capacity in order to enable the use of its software.
  3. HoloBuilder Inc. reserves the right to use the data that are uploaded by the Customer for automatic diagnostic purposes. Separately, the platform sends reports about errors in the program's application flow through the HoloBuilder Inc. program used by the Customer. The Customer consents to HoloBuilder Inc. using these data exclusively for optimizing the program. HoloBuilder Inc. stores the conclusions and insights obtained from the data to, for instance, optimize the Software or to be able to provide users with tips for using the Software (a non-exhaustive list). Please see Article 5(3).
  4. HoloBuilder Inc. reserves the right to use content of public or non-public projects for promotional and marketing purposes.
  5. HoloBuilder Inc. takes customary precautionary measures in order to guarantee the security and confidentiality of the customer data.
  6. HoloBuilder Inc. grants use of the Software immediately after activation of specific options (e.g. by subscribing to a paid plan), regardless of any assertion of a right of withdrawal. HoloBuilder Inc. hereby provides notice of the possibility of charging a fee for services provided up to that point.

 

ARTICLE 4 - USAGE FEE 

  1. With a standard account (“Basic”), the user can use the software to the minimal monthly/annual charge. However, he can see options in his account that are subject to a superior paid plan. Users who use the Software at the lowest rate can only create public HoloBuilder projects. Copies of public HoloBuilder projects can be edited and saved by other users, unless this is prevented by removing the “Copy & Edit” button (which is a feature included in the paid plan of Basic).
  2. Depending on the rate selected, this fee is composed of a monthly or annual flat fee. Any saved projects can use one or more of the features specific to the corresponding fee-based plan without additional charges. All prices and included features for the different paid plans can be found on HoloBuilder Inc.'s website (https://www.holobuilder.com/premium).
  3. The invoice shall be sent to the Customer in digital form to the e-mail address specified in the Account as soon as a payment has been charged. The flat fee payment will be charged each month or year, depending on the selected payment period, on the same day the Customer starts the fee-based plan.
  4. If the Customer subscribed to a free trial, the flat fee payment will be charged on the same day the User subscribes to a paid plan. If the Customer subscribes to a paid plan before the trial ends, the trial will be ended immediately as stated in Article 4A.
  5. The flat fee payment is due every month or every year starting as stated in Article 4(3)&(4) depending on the subscription period.
  6. Deletion of the Account shall have no effect whatsoever on the existence and due date of the usage fee for the current month or year (and potentially earlier monthly/yearly fees that are still due). 
  7. Transaction costs will be incurred by the user for payment by credit card.
  8. If the Customer moves from a superior plan to a paid plan at a lower rate, projects that contain any features specific to a superior fee-based plan shall become inaccessible for other users (e.g. when in the viewing mode). To regrant other users access to non-public projects, the User has to adjusts the visibility of the former non-public project as support by his or her current plan.
  9. If the Customer terminates an active subscription to a paid plan without moving to another paid plan, the account will become inactive and the Customer loses any access rights to the main HoloBuilder interface. Any saved projects of accounts without active subscription to one of the paid plans, will become inaccessible for the User as well as any user wanting to view the projects.

 

ARTICLE 4A – TRIAL 

  1. From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). HoloBuilder reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and without liability, to the greatest extent permitted under the law.
  2. For some Trials, we will require you to provide your payment details to start the Trial.
  3. If the Customer subscribes to a paid plan while in trial, the trial will be terminated immediately, starting the payment period of the subscribed paid plan in its place.
  4. At the end of such trials, we may automatically start to charge you for the applicable paid subscription on the day the trial ends, on a recurring monthly or annual basis. By providing your payment details in conjunction with the trial, you agree to this charge using such payment details.
  5. If you do not want this charge, you must cancel the applicable paid subscription through your HoloBuilder account’s subscription page (https://www.holobuilder.com/premium) or terminate your HoloBuilder account before the end of the trial.
  6. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable paid subscription through your HoloBuilder account’s subscription page (https://www.holobuilder.com/premium) or terminate your HoloBuilder account before the end of the recurring monthly or annual period.
  7. Paid subscriptions cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, HoloBuilder will not refund any fees that you have already paid.
  8. The Limitation section sets forth additional terms regarding the cancellation of your paid subscription.

ARTICLE 4B - CODES AND OTHER PRE-PAID OFFERS 

If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of HoloBuilder for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions. 

 

ARTICLE 5 - PUBLIC AND NON-PUBLIC PROJECTS, DOWNGRADED PROJECTS 

  1. Public HoloBuilder projects are displayed on the "Explore Page" of HoloBuilder (https://www.holobuilder.com/explore). These projects can be called up and inspected by any visitor to the page.
  2. Subject to reasonable use, each user on HoloBuilder subscribed to the Basic plan can expose his or her content to up to 10,000 views per year. Subscribed user to the Real Estate or Construction plan can expose their content to up to 50,000 views per year. Additional views can be arranged by contacting sales at support@holobuilder.com.
  3. Public and non-public projects can be used by other users who have logged in on their accounts for their own projects by clicking on the "Copy & Edit" button, in case it has not been removed by the creating user in accordance with a paid plan.
  4. HoloBuilder Inc. receives the right to use all projects, particularly the images, 3D objects and representations under Article 1 for its own representations and marketing purposes - particularly on the internet, specifically for blog entries and marketing purposes. HoloBuilder Inc. does not owe any remuneration for this use.
  5. The user grants all users of HoloBuilder Inc. the right to copy public and non-public projects into their own accounts and to use them, unless they have removed the "Copy & Edit" button in accordance with a paid plan. This comprises both, the technical details as well as all other representations, images, 3D objects and the details significant to the project. The user also grants the right to publish the representations, images, 3D objects and the details significant to the projects according to a project of a HoloBuilder Inc. user.
  6. The public HoloBuilder projects are intended to enable sharing of the individual AR & VR content on the HoloBuilder Inc. platform. For this reason, the users also waive the right to acknowledgement of sources regarding the public HoloBuilder projects.
  7. Non-public HoloBuilder projects can only be seen and processed by the individual user and other users they grant according access rights, either via a read-only hyperlink (in the case of unlisted HoloBuilder projects) or by specifying who has access using the provided means for user management (in the case of private HoloBuilder projects). Private HoloBuilder projects can be viewed by any user with according access rights. Editing rights can only be granted to users who have at least the same account level as the individual user who created the HoloBuilder projects and grants the rights (the order of account levels is, from lowest to highest: Basic, Real Estate, Construction).
  8. If the Customer moves from a fee-based plan to any lower fee-based plan, HoloBuilder projects that are not public—which is a features of the Real Estate plan or higher—or include any special features not supported by the lower fee-based plan cannot be viewed by other users until the Customer removes all the special features from the according HoloBuilder projects. Anyway, after the move, the User can still work with these HoloBuilder projects in terms of editing. Any HoloBuilder projects must be adjusted to the new fee-based plan in terms of their visibility and any other special features not supported in the lower fee-based plan (i.e., when downgrading from Construction to Basic, previously private HoloBuilder projects must be set to public). None of the Customer's HoloBuilder projects containing any special features not supported by the lower fee-based plan (e.g., removing the HoloBuilder logo and branding, private sharing, among others) can be viewed by other users until each project containing any features specific to the superior fee-based plan are removed. 
  9. The user remains the owner of all of his or her owner's rights and additional intellectual property rights, notwithstanding the provisions in these standard terms and conditions.

 

NOTICE OF RIGHT TO CANCEL 

You have the right to cancel this Agreement within fourteen days without providing reasons in the case of a paid plan. The cancellation period starts on the date the account is opened and runs for fourteen days. In order to exercise your right of cancellation, you can make use of the “Cancel Subscription” button when logged in on the HoloBuilder Inc.'s website (https://www.holobuilder.com/premium) or send a clear statement (e.g., a letter sent by mail or an e-mail) indicating your decision to cancel this Agreement to "HoloBuilder Inc., c/o Runway, 1355 Market St., #488, San Francisco, CA 94103" or to info@holobuilder.com. If you take advantage of this possibility, then we will transmit a confirmation of receipt of such a cancellation without undue delay. 

In order to comply with the deadline for cancellation, it is sufficient to send notice of exercise of the right of cancellation prior to expiration of the cancellation period. 

Any accounts without active subscription to one of the paid plans can be deleted at any time by contacting support at support@holobuilder.com. 

CONSEQUENCES OF CANCELLATION 

If you cancel this Agreement  within the first 14 days of your first subscription, we must refund all payments to you that we have received from you within the last 14 days, without undue delay and no later than within fourteen days from the date on which the notice of your cancellation of this Agreement is received by us. We will use the same means of payment for this refund that you used in the original transaction unless a different arrangement was expressly agreed upon with you; no fees will ever be charged to you due to this refund. 

END OF NOTICE OF RIGHT TO CANCEL 

 

ARTICLE 6 - DEFAULT 

If the usage fee is not received in HoloBuilder Inc.'s account within 15 days, the Customer is in default without further notice. If the 15th day is not a business day, then the payment period shall still end on the 15th day. If the Customer is in default, the current subscription to a paid plan will be terminated by HoloBuilder Inc. As stated in Article 4(9) the Customer will lose any access rights to his or her saved HoloBuilder projects.

 

ARTICLE 7 - DATA NECESSARY FOR USE 

  1. HoloBuilder Inc. uses a user account (hereinafter: Account) to record the data necessary for invoicing and ensures that the Customer can use the Software through the Account. HoloBuilder Inc. expressly points out the fact that the data required for payment of the usage fee are not stored by HoloBuilder Inc., but rather by companies accredited for this purpose, in order to ensure the security of this information.
  2. In order to be able to use the software, the Customer shall personally upload or specify the data necessary to create a HoloBuilder project or choose from a predefined range of according data provided within the Software. (These data include, inter alia, images, 3D objects, material parameters, numeric settings, etc. This listing can only be exemplary.) The user warrants that he or she has authorization to use and, as the case may be, to publish the data, images and 3D objects, etc.
  3. The Customer is solely responsible for the correctness and completeness of the data transmitted by the Customer and the modeling of the HoloBuilder project. The Software can only create and display a HoloBuilder project correctly using completely transmitted and correct data. HoloBuilder Inc. therefore assumes no liability for the correctness of the created HoloBuilder project with regard to the intended use. The user is also responsible for the correctness and completeness when the user builds on a HoloBuilder project that has already been created (Article 5).
  4. The Customer can access the data and resulting HoloBuilder projects that he has loaded into his Account at any time by the use of the HoloBuilder Inc. Software.
  5. The Customer can freely use the results of the usage.
  6. In order to enable automatic face recognition and blurring of a section in a 360-degree scene, the necessary data will be sent to a third-party service provider for processing. No information is being saved by these third-party service providers and will be deleted by the service provider after processing.
  7. In order to enable a video call walkthrough the Software will establish a connection to the video camera and microphone of the desktop or mobile device currently being used in player mode.
  8. All measurements performed through HoloBuilder are provided without liability. HoloBuilder Inc. does not assume liability for measurements that deviate from reality.

 

ARTICLE 8 - ACCESS TO THE SOFTWARE 

In order to use the HoloBuilder Inc. Software, the Customer must create the Account using HoloBuilder Inc.'s home page, the main HoloBuilder user interface or the HoloBuilder Inc. pricing page. All required data must be entered in order to open the Account. The data that are requested by HoloBuilder Inc. for the user's publicly visible profile does not need to permit any conclusions as to the user's identity. The user is free to provide additional information. 

 

ARTICLE 9 - RIGHT OF USE 

HoloBuilder Inc. permits the Customer to use the Software developed by HoloBuilder Inc. on computers or through computers that are made available by HoloBuilder Inc. The Customer is entitled to have the data and settings uploaded or made by employees. 

 

ARTICLE 10 - NO TRANSFER OF THE RIGHT OF USE 

  1. The Customer is not entitled to transfer the right of use to third parties. The Customer is not authorized to use the HoloBuilder Inc. Software through his Account for third parties. In particular, the fees for paid plans are charged per Customer and month or year, i.e., for additional users, additional accounts need to be purchased.
  2. The Customer is a natural person.
  3. In case of unauthorized usage, HoloBuilder Inc. is entitled to block the Account. In this case, HoloBuilder Inc. shall issue a closing invoice within the meaning of Article 4 above. In this case as well, the Customer is obligated to maintain the e-mail address until completion of this process.

 

ARTICLE 11 - LIMITATION OF WARRANTY 

  1. If the software made available has an error that prevents the Customer from creating a HoloBuilder project in the way they intend - given that the intended use is possible with the Customer's chosen plan -, then the Customer shall have a right to remedy of defects. The Customer shall have a right to withdraw if HoloBuilder Inc. cannot remedy such an error within a reasonable period. Sentences 1 and 2 shall apply subject to the limitation of liability and warranty within this regulation.
  2. When a fee is paid for use, HoloBuilder Inc. warrants the functionality of the Software from HoloBuilder Inc. provided for use, with the proviso that the customary defects that technically cannot be excluded (e.g., bugs) in the Software will be removed in each case immediately upon their discovery.
  3. Otherwise, liability for damage and consequential damage due to defects is limited to wrongful intent and gross negligence.
  4. Any and all liability is excluded for inferences drawn from a HoloBuilder project by the Customer or third parties since this falls beyond HoloBuilder Inc.'s sphere of influence.
  5. HoloBuilder Inc.'s liability for its agents is limited to wrongful intent and gross negligence.
  6. Notwithstanding the provision of Article 2 (5) above, liability for data loss is limited to wrongful intent and gross negligence.
  7. The inadequacies that customarily occur in HoloBuilder Inc.'s Software and therefore cannot be excluded shall be kept to the lowest level possible by HoloBuilder Inc. regularly revising the Software. Such revision shall be carried out outside of the main usage periods insofar as technically possible. If the Customer is a commercial customer, then the Customer is obligated to notify HoloBuilder Inc. promptly of defects in the Software that the Customer becomes aware of. Similarly, the Customer shall provide notice of any defects becoming known to him in the interaction of the various components of the Software. Any restrictions on the functionality of HoloBuilder Inc.'s offerings will be limited to the minimum amount possible.

 

ARTICLE 12 - HOLOBUILDER INC. SUPPORT 

  1. The Customer may request that HoloBuilder Inc. employees support them via E-Mail and have an additional live chat option on any of HoloBuilder Inc.’s websites (if a HoloBuilder Inc. employee is available).
  2. Customers who own a “Construction” account according to the paid plans offered by HoloBuilder Inc. can furthermore request one optional 30-minute one-on-one tutorial per month, which is carried out virtually.

 

ARTICLE 12A - FORUM 

  1. HoloBuilder Inc. will establish a "Forum (Community Function)" that can be used to discuss publicly available HoloBuilder projects. This Community Function can be accessed via HoloBuilder Inc.'s "Explore Page" (https://www.holobuilder.com/explore). This is exclusively a platform whose content is not monitored by HoloBuilder Inc. This shall also apply insofar as HoloBuilder Inc. employees participate in the discussions. Therefore, liability for the content of the contributions in the forum is excluded in all cases.
  2. HoloBuilder Inc. agrees to remove contributions to the discussion that violate third-party rights once HoloBuilder Inc. has been notified thereof.

 

ARTICLE 13 - TERMINATION OF THE AGREEMENT 

  1. The Customer can delete his Account when he has paid the usage fee due under Article 4 hereof. That is, the Account is cancellable on a monthly or yearly basis if the fee for the current month or year has been paid by the Customer. HoloBuilder Inc. reserves and retains the right to delete the Account in question after termination by a Customer or after blocking under Article 8 above. After deleting the Account, Customer data may be kept by HoloBuilder Inc. for a certain amount of time for diagnostic purposes that contribute to the improvement of the Software.
  2. The Customer is obligated to maintain the e-mail account specified in the Account until HoloBuilder Inc. has informed the Customer that all payments have been completed.

 

ARTICLE 14 - SEVERABILITY CLAUSE 

Should individual provisions be or become invalid or contestable in toto or in part, this shall not affect the applicability and validity of the other clauses set forth herein, and this provision shall be interpreted and/or supplemented in such a way that the intended meaning and purpose is achieved to the extent possible. 

 

ARTICLE 15 - LAW AND JURISDICTION CLAUSE 

  1. The laws of the state of California shall be exclusively applied to this Agreement. This is without prejudice of mandatory rules for consumer protection at the habitual residence of a consumer.
  2. For commercial users: The U.S. District Court for the Northern District of California, or alternatively a state court located in Santa Clara County, shall have exclusive jurisdiction and venue for any disputes arising from and with regard to this Agreement.

 

ARTICLE 16 - FINAL PROVISIONS 

All amendments shall require written form to be effective; this shall apply to the requirement of written form itself. 


Terms & Conditions Rev. 2.2

ARTICLE 1 - OBJECT OF THE AGREEMENT

Upon the making of this Agreement, HoloBuilder Inc. agrees to enable the Customer to use the Software in accordance with Article 2 below. The Customer agrees to pay a usage fee according to Article 4 below, in case they have subscribed to a paid plan. The Software that HoloBuilder Inc. provides is used to create and share Augmented (AR) and Virtual Reality (VR) content in terms of so-called ”HoloBuilder projects”, “360° projects” or simply “projects” using data that the Customer uploads in an Account the Customer creates (Article 8). These data are composed of various parameters, the image and 3D data, settings, and other necessary information. HoloBuilder Inc. thus simultaneously creates a platform through which users can discuss the AR/VR projects and technical problems and can use AR/VR projects already carried out (public HoloBuilder projects) by other users.  

 

ARTICLE 2 - CONTRACT CONCLUSION

It is not possible to create a new account subscribing to any of the plans “Starter”, “Pro”, “Business”, or “Business+”. Create your HoloBuilder account and subscribe to any of the new plans, “Basic”, “Real Estate” or “Construction”, as stated in Terms & Conditions Rev. 4.1.

 

ARTICLE 3 - HOLOBUILDER INC. PERFORMANCE

  1. HoloBuilder Inc. grants the use of a software application. This Software is composed of various components that enable the Customer to create projects. HoloBuilder Inc. is thus providing a technical construct for use. The data transmitted by the Customer will be forwarded by HoloBuilder Inc. to computers always in encrypted form. The use of the Software will be carried out partly on these computers and partly on the Customer's computer. As soon as the Customer saves a project, the data will be loaded to the web server from the Customer's local computer. HoloBuilder Inc. then forwards the data and the settings to external computer centers. As soon as the Customer requests a project, the data are sent to the web server and can be called up by the Customer in his Account, which loads the data onto their computer.
  2. HoloBuilder Inc. rents computing capacity in order to enable the use of its software.
  3. HoloBuilder Inc. reserves the right to use the data that are uploaded by the Customer for automatic diagnostic purposes. Separately, the platform sends reports about errors in the program's application flow through the HoloBuilder Inc. program used by the Customer. The Customer consents to HoloBuilder Inc. using these data exclusively for optimizing the program. HoloBuilder Inc. stores the conclusions and insights obtained from the data to, for instance, optimize the Software or to be able to provide users with tips for using the Software (a non-exhaustive list). Please see Article 5(3).
  4. HoloBuilder Inc. reserves the right to use content that was publicly published for promotional and marketing purposes.
  5. HoloBuilder Inc. takes customary precautionary measures in order to guarantee the security and confidentiality of the customer data.
  6. HoloBuilder Inc. grants use of the Software immediately after activation of specific options (e.g. by subscribing to a paid plan), regardless of any assertion of a right of withdrawal. HoloBuilder Inc. hereby provides notice of the possibility of charging a fee for services provided up to that point.

 

ARTICLE 4 - USAGE FEE

  1. With a standard account ("Starter"), the user can use the software free of charge. However, he can select options in his account that are subject to a fee. Users who use the Software free of charge can only create public projects. Copies of public projects can be edited and saved by other users.
  2. Depending on the rate selected, this fee is composed of a monthly or annual flat fee and an optional additional monthly fee for extra projects that extend the Account's premium project limit (which is 0 for a standard account). Premium projects are projects that use one or more of the features specific to the corresponding fee-based plan.
  3. If the user requires additional premium projects for the currently subscribed paid plan, he or she needs to contact support at support@holobuilder.com to request an extension.
  4. The invoice shall be sent to the Customer in digital form to the e-mail address specified in the Account as soon as a payment has been charged. The flat fee payment will be continuously charged on the same day the Customer started the fee-based plan with any of the old paid plans (Pro, Business, Business+). The invoice for a new subscription (Basic, Real Estate, Construction) shall be sent to the Customer in digital form to the e-mail address specified in the Account as soon as a payment has been charged as stated in Terms & Conditions Rev. 4.1.
  5. The flat fee payment is due every month or year, depending on the selected payment period, starting as stated in Article 4(4).
  6. Deletion of the Account shall have no effect whatsoever on the existence and due date of the usage fee for the current month or year and potentially earlier monthly or annual fees that are still due.
  7. Transaction costs will be incurred by the user for payment by credit card.
  8. Once the Customer moved from free use (Starter) to fee-based use (Basic, Real Estate, Construction) of the Software, he or she cannot move back to the free use. Any projects that contain features specific to a fee-based plan not entailed in the new plan can no longer be accessed by others until the Customer removes the according features.
  9. Once the Customer moves from a fee-based use (Pro, Business, Business+) to another fee-based use (Basic, Real Estate, Construction), mentioned in Terms & Conditions Rev. 4.1, of the Software, he or she cannot move back to the former fee-based use. Any projects that contain features specific to a fee-based plan not entailed in the new plan can no longer be accessed by others until the Customer removes the according features.
  10. If the Customer terminates an active subscription to a paid plan (Pro, Business, Business+) without moving to another paid plan, the Customer loses any access rights to the main HoloBuilder interface. Any projects of accounts without active subscription to one of the paid plans, will become inaccessible for the User as well as any user wanting to view the project.

ARTICLE 4A – TRIAL

  1. From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). HoloBuilder reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and without liability, to the greatest extent permitted under the law.
  2. For some Trials, we’ll require you to provide your payment details to start the Trial.
  3. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE DAY THE TRIAL ENDS, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS.
  4. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR HOLOBUILDER ACCOUNT’S SUBSCRIPTION PAGE (https://www.holobuilder.com/premium) OR TERMINATE YOUR HOLOBUILDER ACCOUNT BEFORE THE END OF THE TRIAL.
  5. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR HOLOBUILDER ACCOUNT’S SUBSCRIPTION PAGE (https://www.holobuilder.com/premium) OR TERMINATE YOUR HOLOBUILDER ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD.
  6. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, HOLOBUILDER WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
  7. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.

ARTICLE 4B - CODES AND OTHER PRE-PAID OFFERS

If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of HoloBuilder for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.

ARTICLE 5 - PUBLIC AND NON-PUBLIC PROJECTS, PREMIUM PROJECTS

  1. Public HoloBuilder projects are displayed on the "Explore Page" of HoloBuilder (https://www.holobuilder.com/explore). These projects can be called up and inspected by any visitor to the page.
  2. Subject to reasonable use, each user on HoloBuilder subscribed to the Starter or Pro plan can expose his or her content to up to 10,000 views per year. Subscribed user to the Business or Business+ plan can expose their content to up to 50,000 views per year. Additional views can be arranged by contacting sales at support@holobuilder.com.
  3. Public and non-public projects can be used by other users who have logged in on their accounts for their own projects by clicking on the "Copy & Edit" button, in case it has not been removed by the creating user in accordance with a paid plan.
  4. HoloBuilder Inc. receives the right to use all projects, particularly the images, 3D objects and representations under Article 1 for its own representations and marketing purposes - particularly on the internet, specifically for blog entries and marketing purposes. HoloBuilder Inc. does not owe any remuneration for this use.
  5. The User grants all users of HoloBuilder Inc. the right to copy the public projects into their own accounts and to use them, unless they have removed the "Copy & Edit" button in accordance with a paid plan. This comprises both, the technical details as well as all other representations, images, 3D objects and the details significant to the project. The User also grants the right to publish the representations, images, 3D objects and the details significant to the projects according to a project of a HoloBuilder Inc. user.
  6. The public projects are intended to enable sharing of the individual AR & VR content on the HoloBuilder Inc. platform. For this reason, the Users also waives the right to acknowledgement of sources regarding the public projects.
  7. Non-public projects can only be seen and processed by the individual user and other users they grant according access rights, either via a read-only hyperlink (in the case of unlisted projects) or by specifying who has access using the provided means for user management (in the case of private projects). Private projects can be viewed by any user with according access rights. 
  8. If the Customer moves from a fee-based plan (Pro, Business, Business+) to an a fee-based plan (Basic, Real Estate, Construction) not supporting selected features of his or her current plan, all saved projects that are not public—which is a feature of the Pro plan or higher—cannot be viewed by other users until the Customer downgrades them to the visibility restrictions supported by his or her new plan. Anyway, after the move, the User can still work with these projects in terms of editing. Any projects must be adjusted to the new fee-based plan in terms of their visibility (i.e., when moving from Business+ to Basic, previously private projects must be set to public). None of the Customer's non-public projects can be viewed by other users until each project containing any features not supported by the new fee-based plan are removed. Any other features specific to a corresponding fee-based plan that are no longer included in the Customer's chosen plan (e.g., removing the HoloBuilder logo and branding, among others) will also make the projects inaccessible when they are consumed by the Customer or other users. 
  9. The user remains the owner of all of his or her owner's rights and additional intellectual property rights, notwithstanding the provisions in these standard terms and conditions.

 

NOTICE OF RIGHT TO CANCEL

You have the right to cancel this Agreement within fourteen days without providing reasons in the case of a paid plan. The cancellation period starts on the date the account is opened and runs for fourteen days. In order to exercise your right of cancellation, you can make use of the “Cancel Subscription” button when logged in on the HoloBuilder Inc.'s website (https://www.holobuilder.com/premium) or send a clear statement (e.g., a letter sent by mail or an e-mail) indicating your decision to cancel this Agreement to "HoloBuilder Inc., c/o Runway, 1355 Market St., #488, San Francisco, CA 94103" or to info@holobuilder.com. If you take advantage of this possibility, then we will transmit a confirmation of receipt of such a cancellation without undue delay. 

In order to comply with the deadline for cancellation, it is sufficient to send notice of exercise of the right of cancellation prior to expiration of the cancellation period. 

Any standard accounts (Starter) or accounts without active subscription to one of the paid plans can be deleted at any time by contacting support at support@holobuilder.com. 

CONSEQUENCES OF CANCELLATION 

If you cancel this Agreement  within the first 14 days of your first subscription, we must refund all payments to you that we have received from you within the last 14 days, without undue delay and no later than within fourteen days from the date on which the notice of your cancellation of this Agreement is received by us. We will use the same means of payment for this refund that you used in the original transaction unless a different arrangement was expressly agreed upon with you; no fees will ever be charged to you due to this refund. 

END OF NOTICE OF RIGHT TO CANCEL 

 

ARTICLE 6 - DEFAULT 

If the usage fee is not received in HoloBuilder Inc.'s account within 15 days, the Customer is in default without further notice. If the 15th day is not a business day, then the payment period shall still end on the 15th day. If the Customer is in default, the current subscription to a paid plan will be terminated by HoloBuilder Inc. As stated in Article 4(10) the Customer will lose any access rights to his or her saved projects.

 

ARTICLE 7 - DATA NECESSARY FOR USE

  1. HoloBuilder Inc. uses a user account (hereinafter: Account) to record the data necessary for invoicing and ensures that the Customer can use the Software through the Account. HoloBuilder Inc. expressly points out the fact that the data required for payment of the usage fee are not stored by HoloBuilder Inc., but rather by companies accredited for this purpose, in order to ensure the security of this information.
  2. In order to be able to use the software, the Customer shall personally upload or specify the data necessary to create a HoloBuilder project or choose from a predefined range of according data provided within the Software. (These data include, inter alia, images, 3D objects, material parameters, numeric settings, etc. This listing can only be exemplary.) The user warrants that he or she has authorization to use and, as the case may be, to publish the data, images and 3D objects, etc.
  3. The Customer is solely responsible for the correctness and completeness of the data transmitted by the Customer and the modeling of the project. The Software can only create and display a HoloBuilder project correctly using completely transmitted and correct data. HoloBuilder Inc. therefore assumes no liability for the correctness of the created HoloBuilder project with regard to the intended use. The user is also responsible for the correctness and completeness when the user builds on a HoloBuilder project that has already been created (Article 5).
  4. The Customer can access the data and resulting HoloBuilder projects that he has loaded into his Account at any time by the use of the HoloBuilder Inc. Software.
  5. The Customer can freely use the results of the usage.
  6. In order to enable automatic face recognition and blurring of a section in a 360-degree scene, the necessary data will be sent to a third-party service provider for processing. No information is being saved by these third-party service providers and will be deleted by the service provider after processing.

 

ARTICLE 8 - ACCESS TO THE SOFTWARE

In order to use the HoloBuilder Inc. Software, the Customer must create the Account using HoloBuilder Inc.'s home page, the main HoloBuilder user interface or the HoloBuilder Inc. pricing page. All required data must be entered in order to open the Account. The data that are requested by HoloBuilder Inc. for the user's publicly visible profile does not need to permit any conclusions as to the user's identity. The user is free to provide additional information. 

 

ARTICLE 9 - RIGHT OF USE

HoloBuilder Inc. permits the Customer to use the Software developed by HoloBuilder Inc. on computers or through computers that are made available by HoloBuilder Inc. The Customer is entitled to have the data and settings uploaded or made by employees. 

 

ARTICLE 10 - NO TRANSFER OF THE RIGHT OF USE

  1. The Customer is not entitled to transfer the right of use to third parties. The Customer is not authorized to use the HoloBuilder Inc. Software through his Account for third parties. In particular, the fees for paid plans are charged per Customer and month or year, i.e., for additional users, additional accounts need to be purchased.
  2. The Customer is a natural person.
  3. In case of unauthorized usage, HoloBuilder Inc. is entitled to block the Account. In this case, HoloBuilder Inc. shall issue a closing invoice within the meaning of Article 4 above. In this case as well, the Customer is obligated to maintain the e-mail address until completion of this process.

 

ARTICLE 11 - LIMITATION OF WARRANTY

  1. If the software made available has an error that prevents the Customer from creating a HoloBuilder project in the way they intend - given that the intended use is possible with the Customer's chosen plan -, then the Customer shall have a right to remedy of defects. The Customer shall have a right to withdraw if HoloBuilder Inc. cannot remedy such an error within a reasonable period. Sentences 1 and 2 shall apply subject to the limitation of liability and warranty within this regulation.
  2. When a fee is paid for use, HoloBuilder Inc. warrants the functionality of the Software from HoloBuilder Inc. provided for use, with the proviso that the customary defects that technically cannot be excluded (e.g., bugs) in the Software will be removed in each case immediately upon their discovery.
  3. Otherwise, liability for damage and consequential damage due to defects is limited to wrongful intent and gross negligence.
  4. Any and all liability is excluded for inferences drawn from a HoloBuilder project by the Customer or third parties since this falls beyond HoloBuilder Inc.'s sphere of influence.
  5. HoloBuilder Inc.'s liability for its agents is limited to wrongful intent and gross negligence.
  6. Notwithstanding the provision of Article 2 (5) above, liability for data loss is limited to wrongful intent and gross negligence.
  7. The inadequacies that customarily occur in HoloBuilder Inc.'s Software and therefore cannot be excluded shall be kept to the lowest level possible by HoloBuilder Inc. regularly revising the Software. Such revision shall be carried out outside of the main usage periods insofar as technically possible. If the Customer is a commercial customer, then the Customer is obligated to notify HoloBuilder Inc. promptly of defects in the Software that the Customer becomes aware of. Similarly, the Customer shall provide notice of any defects becoming known to him in the interaction of the various components of the Software. Any restrictions on the functionality of HoloBuilder Inc.'s offerings will be limited to the minimum amount possible.

 

ARTICLE 12 - HOLOBUILDER INC. SUPPORT

  1. The Customer may request that HoloBuilder Inc. employees support them via E-Mail and have an additional live chat option on any of HoloBuilder Inc.’s websites (if a HoloBuilder Inc. employee is available).
  2. Customers who own a Business+ account according to the paid plans offered by HoloBuilder Inc. can furthermore request one optional 30-minute one-on-one tutorial per month, which is carried out virtually.

 

ARTICLE 12A - FORUM

  1. HoloBuilder Inc. will establish a "Forum (Community Function)" that can be used to discuss publicly available HoloBuilder projects. This Community Function can be accessed via HoloBuilder Inc.'s "Explore Page" (https://www.holobuilder.com/explore). This is exclusively a platform whose content is not monitored by HoloBuilder Inc. This shall also apply insofar as HoloBuilder Inc. employees participate in the discussions. Therefore, liability for the content of the contributions in the forum is excluded in all cases.
  2. HoloBuilder Inc. agrees to remove contributions to the discussion that violate third-party rights once HoloBuilder Inc. has been notified thereof.

 

ARTICLE 13 - TERMINATION OF THE AGREEMENT

  1. The Customer can delete his Account when he has paid the usage fee due under Article 4 hereof. That is, the Account is cancellable on a monthly or yearly basis if the fee for the current month or year has been paid by the Customer. HoloBuilder Inc. reserves and retains the right to delete the Account in question after termination by a Customer or after blocking under Article 8 above. After deleting the Account, Customer data may be kept by HoloBuilder Inc. for a certain amount of time for diagnostic purposes that contribute to the improvement of the Software.
  2. The Customer is obligated to maintain the e-mail account specified in the Account until HoloBuilder Inc. has informed the Customer that all payments have been completed.

 

ARTICLE 14 - SEVERABILITY CLAUSE

Should individual provisions be or become invalid or contestable in toto or in part, this shall not affect the applicability and validity of the other clauses set forth herein, and this provision shall be interpreted and/or supplemented in such a way that the intended meaning and purpose is achieved to the extent possible. 

 

ARTICLE 15 - LAW AND JURISDICTION CLAUSE

  1. The laws of the state of California shall be exclusively applied to this Agreement. This is without prejudice of mandatory rules for consumer protection at the habitual residence of a consumer.
  2. For commercial users: The U.S. District Court for the Northern District of California, or alternatively a state court located in Santa Clara County, shall have exclusive jurisdiction and venue for any disputes arising from and with regard to this Agreement.

 

ARTICLE 16 - FINAL PROVISIONS

All amendments shall require written form to be effective; this shall apply to the requirement of written form itself.