Terms of Service
Last Updated: September 2, 2023
These Terms of Service govern the use of the free-of-charge version of the spaciv software (spaciv Free). The use of other spaciv products are governed by the Terms of Service attached to the correlating Order Form.
1 Access and Use of the spaciv Software
1.1 spaciv grants to the user that is not a consumer (“User”) access to a limited free-of-charge version of the spaciv Software (“spaciv Software”) until further notice given by spaciv at any time in its own discretion. spaciv reserves the right to enhance or modify the spaciv Software at any time.
1.2 The User understands the importance of using strong passwords and of keeping all passwords and account information confidential. The User is solely responsible for any liability or damages resulting from the Users’ failure to maintain that confidentiality.
1.3 Conditional on the User complying in full with all of its obligations under the Agreement, spaciv grants the User a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to use the spaciv Software until further notice. spaciv reserves all rights not expressly granted in the Agreement.
1.4 The User shall only use the spaciv Software for its own business purposes. The User shall not use, and shall not permit any User to use, the spaciv Software to: (a) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the spaciv Software; (b) knowingly or negligently use the spaciv Software in a way that abuses, interferes with, or disrupts the spaciv Software’s networks; (c) engage in activity that is illegal, fraudulent, false, or misleading; (d) build or benchmark a competitive product or service, or copy any features, functions or graphics of the spaciv Software; or (e) use the spaciv Software in violation of the Agreement or any applicable law. The User shall notify spaciv immediately if it becomes aware of any unauthorized use of any password or account or any other known breach of security or misuse of the spaciv Software.
2 User Content, Service Data and Reference
2.1 User Content is any data or content originated by the User and stored or transmitted using the spaciv Software. User Content includes information about work patterns and preferences, workspace and workspace usage, and the inputs, assumptions and results of simulations of future workspace requirements, as well as any personal data. User Content further includes any back-ups, copies and metadata of or derived from other User Content. spaciv collects and processes User Content only at the direction of the User and for no other purposes than those described in the Agreement. The User shall retain ownership of all User Content.
2.2 spaciv may collect anonymised User Content, feedback and usage data (“Service Data”). spaciv may use Service Data to develop, improve, support, and operate the spaciv Software and its other products and services during and after the term of the Agreement. The User grants spaciv a royalty-free, worldwide, transferable, sublicensable, irrevocable, and perpetual license to use or incorporate Service Data into any spaciv product, offering or service. For clarity, Service Data shall not include personal data.
2.3 During the term of the Agreement, spaciv may reference the User as a spaciv user by using the User’s logo and company name on the spaciv website and in sales and marketing documentation. Any reference beyond the use of the user’s name and/or logo as outlined above will require additional written permission from the User. The User may also revoke permission for the use of its logo and/or name at any time in writing.
3 Warranty / Liability
3.1 The User uses the spaciv Software provided free-of-charge at its own risk. Including but without limitations the User shall be solely responsible and liable for the results of simulations run using the spaciv Software and for any decisions made by the User based on the results of the spaciv Software.
3.2 Any warranty of spaciv for defects of the spaciv Software is excluded; Section 600 of the German Civil Code remains unaffected.
3.3 Apart from wilful misconduct and gross negligence any liability of spaciv for damages under or in connection with the use of the spaciv Software by the User is excluded.
4 Data Protection
The User will ensure that the use of the spaciv Software is compliant with the data protection law and relevant security standards within any region where the User uses the spaciv Software.
5.1 Neither Party shall have the right to assign the whole or any part of this agreement to any third party without the prior written consent of the other Party.
5.2 Should any individual provision of this agreement be or held to be wholly or partly invalid, ineffective or unenforceable, this shall not affect the validity, effectiveness or enforceability of the remaining provisions. Any such invalid, ineffective or unenforceable provision shall, to the extent permitted by law, be deemed replaced by such valid, effective and enforceable provision as comes closest to the economic and legal intent and purpose of such invalid, ineffective or unenforceable provision. The aforesaid shall apply mutatis mutandis to any unintended omission in the agreement.
5.3 spaciv hereby reserves the right to amend this agreement without the User’s consent to the extent necessary or desirable in order to comply with applicable laws and regulations in provision of current and future features of the spaciv Software.
5.4 Provisions from this agreement that are intended by their nature to survive the agreement will remain in full effect after the termination of the agreement.
5.5 This agreement is exclusively subject to and shall be interpreted in accordance with the law of the Federal Republic of Germany, with explicit exclusion of the UN Convention on Contracts for the International Sale of Goods. The courts of Munich are the exclusive place of jurisdiction for any disputes arising from and/or in connection with this agreement.
Questions about these Terms of Service should be sent to us at firstname.lastname@example.org.