User Terms & conditions
These Terms of Service (the "Terms") describe the rules and regulations for the use of our Services (described below), so please read them carefully.
This is a contract between you and ApliCAD.
"We", "our" or "us" in these Terms means ApliCAD *.
* See section 3.2 below.
We develop and host ApliCAD DWGExplorer, a plugin for Autodesk AutoCAD or ZWSOFT ZWCAD developed by ApliCAD that allows any CAD user review your information contain in DWG or DXF files.
Client: a CAD User and/or any other third party that has acquired client services from ApliCAD DWGExplorer.
User: anyone who registers a free account and joins our Services.
3.1 Services
These terms ("Agreement") govern the access and use of the ApliCAD DWGExplorer plugin and all related services, features and technology used, as well as the software that is generated by ApliCAD and that the user freely uses and that are offered under this Agreement.
The set of Services we offer can be consulted at https://www.aplicad.com or at https://dwgexplorer.aplicad.com
The services are subject to our current Privacy Policy and acceptance of cookies, which may be updated from time to time, and which you agree to read in its entirety.
These Terms apply to anyone who accesses and uses our Services, whether as a Visitor or a Registered User.
3.2 Who is your contract with?
ApliCAD DWGExplorer is owned by APLICACIONES DE CAD CAM Y GIS, S.L., a company located in Spain, and for the purposes of contact and communication, it is established that the registered office is in Castellón, Calle Maria Teresa Gonzalez Justo, 26 – 12005 – Spain
You can contact us through the email aplicad@aplicad.com
3.3 Acceptance of these Terms
You agree that by clicking "Sign In" or similar, creating an account ("User Account" or "Account"), or joining, accessing, or using our Services, you specifically acknowledge and agree that you have read, understand, and agree to You agree to these Terms in their entirety and you understand that you are entering into a legally binding contract with ApliCAD.
If you are accepting these Terms on behalf of a corporate entity, you warrant and represent that you are the authorized employee, agent or representative of that corporate entity and that you have the necessary authority to enter into these Terms.
If you do not agree to these Terms, please do not click "Sign In" (or similar), register a User Account, or access or use the Services. If you are using the Services and you do not accept or stop accepting the Terms at any time, you must stop using or accessing the Services immediately. If you wish to terminate this Agreement at any time, you may do so by closing your Account as indicated below (in the case of a Registered User) and/or simply by ceasing to access or use our Products.
3.4 Additional Terms
If any part of the Services has additional terms and conditions, those terms and conditions will be clearly apparent when you access those parts of the Services.
3.5 Customers
As stated above, a customer is a CAD User and/or any other third party that has purchased ApliCAD DWGExplorer services. Customers and manufacturer's designated representatives/employees may also register as users to access and use services purchased by the associated customer entity.
For Customers (who accept these terms through their Designated Users or in any other appropriate manner), these Terms incorporate by reference and in their entirety the Data Sharing Terms between ApliCAD and Customer that govern their respective activities. of data processing as established in it.
4.1 Changes to the Services
ApliCAD is constantly innovating and adjusting the Services. You are aware, acknowledge and accept that the form, nature, and content of the Services provided by ApliCAD may change and/or evolve from time to time without prior notice.
4.2 Availability or Termination of Services
In addition, you are aware, acknowledge and agree that ApliCAD may stop providing the Services at any time (permanently or temporarily) in whole or in part (or any feature within the Services) to you or any other Visitor and/or User for exclusive ApliCAD account, without prior notice. You are aware, acknowledge and agree that if ApliCAD disables access to your account, you may not be able to access ApliCAD DWGExplorer, the Services, any part of the Services, your Account details or any files or other content contained therein. in his account.
In addition, you agree and acknowledge that ApliCAD DWGExplorer is not a storage facility and, apart from the established legal obligation or as expressly stated in our privacy policy, ApliCAD has no obligation to store, archive or preserve your information.;
5.1 Paid services
Currently, registration of a User Account is free of charge and access to Basic Services is provided free of charge. Notwithstanding the foregoing, we may from time to time in our sole discretion decide to charge for certain portions of the Services and/or introduce or apply additional fees and charges for certain features or services, the "Paid Services".
When we do this, it will be made clear to you which of the Services are free and which are paid Services. If you purchase or sign up for any of our paid Services, you agree to pay us all applicable fees net of any taxes or withholdings.
You may also be required to agree to specific terms and conditions with respect thereto, if required.
You acknowledge and agree that failure to pay these fees or redress of any failure to pay these fees will result in a lack of access to or termination of the Paid Services.
5.2 Free trial
If we introduce any paid Service, we may, at our sole discretion, offer you the opportunity to try such paid Service free of charge for a limited time ("Free Trial"). Before the Free Trial ends, you must decide if you want to continue using the Paid Services, should we decide to offer them.
5.3
For the avoidance of doubt, nothing in the above sections 5.1 and 5.2 will represent, suggest or create an expectation or in any way obligate us (express or implied) to provide paid Services or Free Trials that we may or may not, in our sole discretion. discretion, enter.
6.1 Privacy and data protection
By accessing and using our Services, you agree that your information, including your personal information*, may be accessed, stored, shared, processed, and used in accordance with the terms of our Privacy Policy (which applies to both Visitors and Users). Users) and, where applicable, your choices (including any opt-outs or other available settings). You further acknowledge and agree that you are aware that our Services are available worldwide and that, by accessing and using the Services, your personal information may be transferred to and processed in any country in which ApliCAD does business, operates and/or exists.
If you have any reservations or concerns about this or the matters set out in our Privacy Policy, you should not agree to these Terms or use the Services.
* The term personal information shall encompass both the EU concept of personal data and the US concept of personally identifiable information.
6.2 Cookies
When you visit our Services, you have the option to accept/consent to cookies, including cookies we place (first party cookies) and third-party cookies. You can limit or disable cookies in your browser as you see fit.
You agree that if you do so, certain aspects of the Services may not be available to you, and that we are not responsible for any adverse effects arising from your browser or other computer or mobile settings. Where applicable, you agree that you are responsible for complying with all laws, policies, and other regulations in your relevant jurisdiction(s), including, without limitation, all laws that require the use of cookies to be disclosed. We disclaim all liability in this area.
6.3 communication by us
As a User, you acknowledge and agree that we will provide you with notices and messages in the following ways: (1) within the Services, or (2) sent to the contact information (generally your email address) that you provided to us upon registration. You agree to keep your contact information up to date. You acknowledge that if your contact information is not up to date, you may miss important notices.
You acknowledge, acknowledge, and agree that we may contact you about the following:
1. To provide you with other notices and messages related to the Services, including information about new products, changes or improvements to the Services;
2. To send you marketing or other promotional communications about the Services or products that we offer in ApliCAD DWGExplorer or any other related matter that we deem appropriate;
3. To provide you with communications regarding promotions, surveys (including user satisfaction surveys) and/or contests organized by ApliCAD, either alone or together with any of our Clients/Manufacturers;
4. To respond to customer support inquiries or general inquiries submitted by you;
5. Any other matter where we believe communication is necessary for your safety or to improve the Services and your use of them
7.1
In consideration of your acceptance of these Terms, ApliCAD grants you a non-exclusive, non-transferable license to visit and use the Services as permitted by and strictly subject to these Terms. You are not permitted, under any circumstances, to sublicense, subcontract or assign all or part of your license to any other party without the prior written consent of ApliCAD.
ApliCAD, acting reasonably, reserves the right to withdraw the license to use the Services.
7.2
You agree to use ApliCAD DWGExplorer, the Services, and Content only for the purposes permitted by (a) these Terms, (b) any applicable guidelines or policies provided in ApliCAD DWGExplorer or communicated to you, and (c) laws, regulations or generally accepted practices or guidelines in the relevant jurisdictions (including applicable data protection laws or associated laws regarding the export of data or software to the European Union or other relevant countries).
7.3
You specifically agree that you will not use the Services to create, transmit, send, upload, display, or otherwise make available anything that: (i) violates, misappropriates, or infringes the rights of another person or company, including, without limitation , Intellectual property rights; (ii) contains software viruses, harmful materials or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or any other communication equipment, including, without limitation, ApliCAD DWGExplorer and the Services; or (iii) in any other way may harm ApliCAD DWGExplorer, the Services, the Content or any Affiliates, Clients, Manufacturers or other third parties.
7.7
You are aware, acknowledge and agree that you are solely responsible (and that ApliCAD has no liability to you or any third party) for any content (including, without limitation, links, materials, information, files, images or any material) that you create, transmit, submit, upload, display or make available while using the Services, or Content and for any consequences (including any loss or damage that ApliCAD, Clients or any other third party may suffer) in doing so. This means that you are solely responsible for and represent and warrant that there will be no infringement and/or claim of infringement by you or any third party with respect to anything you create, transmit, submit, upload, display or otherwise post to available during the use of the Services.
7.8
You further acknowledge, and agree that you are solely responsible (and that ApliCAD has no liability to you or any third party) for any breach of your obligations under these Terms and the consequences (including any loss or damage that ApliCAD, Clients or any other third party may suffer) from said breach
8.1
If you are a registered User, you are aware, acknowledge and agree that you will not reveal and are fully responsible for maintaining the confidentiality of the passwords associated with your Account and, consequently, you will be solely responsible to ApliCAD for all activities that occur under your account.
8.2
You specifically agree that (i) you will use all reasonable efforts to prevent unauthorized access to or use of the Services; (ii) immediately notify ApliCAD if you become aware of or reasonably suspect any illegal or unauthorized activity or breach of security involving your Account, including any loss, theft, or unauthorized disclosure or use of a username, password, or Bill; (iii) not allow any third party to access or use your username or password for the Services; and, (iv) not to share, transfer or provide access to an account designated for you to another person. You further agree that your account profile information will be truthful.
8.3
If the Services were purchased by another party for your use, such as your employer, the party paying for such Services may have the right to control access to and obtain reports on your use of such paid Services, however, they do not have the right. to your personal user account
9.1
You acknowledge, acknowledge and agree that ApliCAD, Client and/or Manufacturer, ApliCAD's licensors and/or other third party(ies) own(s) all legal right, title and interest in ApliCAD DWGExplorer, any associated software, the Services and any Content as the case may be, including any Intellectual Property Rights* that subsist in them (whether or not those rights are registered, and wherever in the world those rights exist) and that you will not acquire any express or implied right, title or interest in ApliCAD DWGExplorer, any associated software, the Services, any BIM Objects or Content unless expressly set forth in these Terms. In addition, you are aware, acknowledge and agree that ApliCAD DWGExplorer and the Services may contain information designated as confidential by ApliCAD (and, as the case may be, by third parties) and that it will not disclose such information at all, or at least without prior express consent. in writing from ApliCAD.
*Intellectual property rights shall include, but are not limited to, any and all rights with respect to inventions, trademarks, patents, patterns, designs, copyrights (including copyrights in software), related rights and copyrights. databases, any confidential and proprietary information, including trade secrets, know-how, and any other rights of a similar nature, whether registered or not, including applications for registration of such rights under the laws of any governmental authority, national or foreign, as well as any other right of this nature.
9.2
Nothing in these Terms or your use of the Services entitles you to use any of ApliCAD's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, unless expressly agreed otherwise. in writing with ApliCAD. Improper or unauthorized use of the foregoing will constitute a breach of these Terms.
10.1
These Terms are effective on the date you first accept them and will continue in effect thereafter until terminated by either you or ApliCAD as set forth below. Upon termination of these Terms for any reason, you must immediately stop using the Services.
10.2
If you wish to terminate these Terms, you may do so by sending a notice to ApliCAD using the email address aplicad@aplicad.com. However, please note that you may stop using the Services at any time without notice to ApliCAD.
10.3
ApliCAD may, in its sole discretion, at any time and for any reason, including a period of account inactivity, terminate these Terms and/or your use of the Services and/or suspend or terminate your User Account.
Upon termination, your Account will be deactivated, and you may not be granted access to your Account or any files or other content in your Account, although residual copies of information may remain in our system.
You agree to hold harmless and indemnify ApliCAD against any third party claims arising out of or in any way related to your use of ApliCAD DWGExplorer, the Services, and/or Content, as well as any violation of these Terms or any other action (or adverse consequence) related to your use of ApliCAD DWGExplorer, the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), lawsuits, judgments , litigation costs and attorney fees, of all kinds and nature.
In such case, and without prejudice to the scope of this compensation, ApliCAD will notify you in writing of said claim, demand, or action. ApliCAD shall have the right to participate, at its expense, in the defense of any claim. You will not accept any settlement of any claim as set forth above without the prior written consent of ApliCAD.
12.1
NOTHING IN THESE TERMS, INCLUDING THESE SECTIONS 12 AND 13, EXCLUDES OR LIMITS APLICAD'S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.2
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES AND ALL ASSOCIATED CONTENT, INCLUDING BIM OBJECTS AND CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POSITION.
12.3
IN PARTICULAR, APLICAD DOES NOT REPRESENT OR WARRANT THAT: (i) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED AS PART OF THE SERVICES WILL BE CORRECTED; (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH THE SERVICES WILL MEET YOUR EXPECTATIONS; (vi) THAT THE SERVICES WILL REMAIN UNCHANGED; OR (vii) THAT WE STORE FILES OR RETAIN YOUR INFORMATION.
12.4
ANY MATERIAL, INCLUDING BUT NOT LIMITED TO ANY BIM OBJECTS AND/OR CONTENT, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEM. COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF SUCH MATERIAL.
12.5
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APLICAD OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
12.6
APLICAD EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12.7
YOU ACKNOWLEDGE, ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION IN CONNECTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
12.8
APLICAD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, DOES NOT ENDORSE, AND DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE ACTIONS, ERRORS, OR INACTIONS OF ANY THIRD-PARTY WEBSITE OR APPLICATION (OR THE CONTENT THEREOF).
13.1
SUBJECT TO THE GENERAL PROVISION IN SECTION 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT APLICAD SHALL NOT BE LIABLE TO YOU FOR:
1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE SUFFERED BY YOU, HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; RESULTING FROM:
2. THE USE OR INABILITY TO USE THE SERVICES, INCLUDING ANY BIM OBJECTS AND/OR CONTENT; (ii) ANY DEFECT OR INACCURACY IN THE SERVICES OR ITS ASSOCIATED CONTENT, INCLUDING BUT NOT LIMITED TO BIM OBJECTS AND/OR CONTENT, REGARDLESS OF THE SOURCE OF SUCH DEFECT OR INACCURACY; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY OTHER THIRD PARTY ON THE SERVICES; (v) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR THEIR ASSOCIATED CONTENT, INCLUDING BUT NOT LIMITED TO BIM OBJECTS AND/OR CONTENT; OR (vi) ANY OF THE FOREGOING RELATING TO THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF);OR
3. ANY LOSS OR DAMAGE YOU MAY SUFFER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
4. 4. ANY RELIANCE YOU PLACE IN THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISEMENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY MANUFACTURER; (ii) ANY CHANGES YOU MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (iii) TERMINATION OF THESE TERMS AND/OR YOUR USE OF THE SERVICES OR SUSPENSION OR TERMINATION OF YOUR ACCOUNT; (iv) THE DELETION, CORRUPTION OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATION DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (v) YOUR FAILURE TO PROVIDE APLICAD ACCURATE ACCOUNT INFORMATION; (vi) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR (vii) ANY OF THE ABOVE RELATING TO THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF).
13.2
THE LIMITATIONS ON APLICAD'S LIABILITY TO YOU IN THE PRECEDING SECTION SHALL APPLY WHETHER APLICAD HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSS ARISING FROM.
14.1
The Services may be changed or updated from time to time in whole or in part. Any new or modified Services available will be deemed to be included in these Terms, except where expressly stated otherwise.
14.2
We are constantly working to improve our Services and develop new features to make our Services the best they can be, as well as to consider applicable laws.
As a result, we may need to update or supplement these Terms, the Privacy Policy and our Cookie Statement from time to time to accurately reflect our Services and practices or for other important reasons, including to comply with applicable law.
If we make changes of a significant, material, or fundamental nature to these Terms, we will notify you through the Services or at our discretion, in the appropriate manner we deem appropriate and if you object or disagree with the changes, you may close your Account.
Your continued use of our Services after we post or send notice of our changes to these Terms means that you are accepting the updated terms as of the date and time, they become effective.
15.1
You acknowledge, acknowledge and agree that these Terms constitute the entire agreement and understanding between you and ApliCAD relating to the subject matter hereof (but excluding any services that ApliCAD may provide to you under a separate written agreement) and supersede all the written or oral promises, undertakings and agreements that have preceded these Terms.
15.2
You acknowledge, acknowledge, and agree that any amendment, change or modification of these Terms, other than as set forth above, may only be made by written agreement between the parties.
15.3
You are aware, acknowledge and agree that in no case will any delay, failure, or omission of ApliCAD in enforcing, exercising or seeking any right, claim or remedy under this Agreement be considered a waiver, unless said right, claim or remedy has been expressly waived in writing.
15.4
If any court of law, having jurisdiction to decide on this matter, determines that any provision of these Terms (or the application thereof) shall be declared or deemed null, void or unenforceable in whole or in part for any reason, such provision shall be deemed enforceable to the maximum extent permitted in order to carry out the intent of these Terms and the remaining provisions of these Terms shall continue in full force and effect.
15.5
You acknowledge, acknowledge, and agree that ApliCAD may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on or through ApliCAD DWGExplorer. The Spanish language will be the governing language in its relationship with ApliCAD.
15.6
You will not have the right to assign your rights and/or obligations under these Terms without the prior written consent of ApliCAD. ApliCAD shall have the right to assign its rights and/or obligations under these Terms without your prior written consent.
BY ACCEPTING THE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL PARTS OF THESE TERMS YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD OUR PRIVACY POLICY AND COOKIE STATEMENT.
APLICACIONES DE CAD CAM Y GIS, S.L., a Spanish company with its fiscal domicile in Castellón, Calle Maria Teresa Gonzalez Justo, 26 – 12005 – Spain, with fiscal identification number ESB12441861
If you wish to contact ApliCAD or have any questions about these Terms, please send an email to aplicad@aplicad.com.