Bright SPACES GENERAL TERMS OF BUSINESS
DEFINITIONS
Add-on: means any additional tailored made functionality for the ISPs that is available on demand and subject to additional fees.
Access Credentials: means the link accessible via any web browser, granted to You and that will enable You to access through the Platform every ISP during the Term.
Brochure function: means the possibility that You have to generate a brochure or any interactive guided tour of any IPS during the Term.
Day: means a different day from Saturday or Sunday or an official day off in Romania.
Documents: means the plans and documents provided by You.
ISP (Intelligent Space Planning): means the products You have selected through the Order process from the available ISP packages. Each ISP is generated by Us using Our Software and will be available to You in its final form through the Platform, accessible with Your Access Credentials.
Platform: means the user interface of the Software that enables You to gain access and view the ISPs.
Software: means the ready-made software solution held in exclusive property by Us which is used for the generation of every ISP.
Term: means 1 (one) year as of the deployment of Your ISP. Each renewal Term is computed from the anniversary date of the ISP deployment.
Servicing: means any bug fixtures that are not subject to additional fees.
WHAT DO YOU GAIN?
By following the Order process and Our validation, You are granted with the following rights during the Term: (a) the ability to request ISPs generation, within the limits of Your selected ISP package, (b) unrestricted access to each finalized ISP during the Term, (c) the possibility to generate any presentation of any IPS project through the Brochure function and (d) the possibility to request during the Term any Add-on for any of Your IPS.
Acceptance of any engagement and provision of the ISP package is subject to our internal pre-contractual validation as well as on the quality of the Documents provided by You.
ACKNOWLEDGEMENT OF OWNERSHIP TITLE
Our property: Please be informed that Our Software, including its corresponding user interface (the Platform), are and will remain in Our exclusive and absolute property. During the Term, You are granted only a non-exclusive, non-transferable, non-assignable, non-sublicensable, limited right to access, view and make use of the Platform for the purpose of viewing the ISPs. You cannot create any other derivative works from the ISP other than the brochures using the Brochure function available.
Your Property: Your Documentation is Yours and will remain Yours throughout the Term. We will be granted only a limited right of use over such Documentation and for the sole purpose of ensuring the generation of the ISPs and their display on the Platform for You, accessible only through the Access Credentials. We don’t replicate, use, or permit the use of Your Documentation by any third-party or by Us internally for any other reasons than the ones expressly stated herein. You guarantee and hold Us harmless from any third-party claim derived from Your Documentation and acknowledge and declare that the Documentation provided is full, complete and accurate for the generation of the IPS.
TERM AND EXTENSION. CANCELLATION
Term and extension: If neither You nor We notify each other about the intention to cancel the selected ISP package at least 60 (sixty) Days before its anniversary date, the Term will be extended automatically.
Termination and cancelation: If you decide not to extend or cancel your selected ISP package as well as in the event of any other termination case, You will lose access automatically to the Platform and the ISPs at the end of the Term.
All provisions of these Terms of Business which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
PRICING AND INVOICING
Your ISP package will be activated once our internal verifications are finalized and payment is made through the third-party payment processor. You authorize Us to collect any information from Your payment card necessary for the activation of Your ISP package and for future payments, including Add-ons or other ISPs. Payment for any additional purchases can be made using the payment card details originally used or You can enter a new payment card, case in which Your payment details will be updated. Any paid fees are non-refundable (except in the case of any legal imperative rights are granted to You as natural person or where it is provided otherwise in these terms of business or in the Order process).
YOUR RIGHTS AND OBLIGATIONS
Your Documents: We take care of Your Documents and We expect from You to provide Us with complete and up to date Documents that will enable us to generate You each ISP. We will inform You if the documents You have uploaded are unclear or insufficient.
Access: You will be able to access the ISP from any device with a network connection by using the Access Credential provided to You. We recommend using a trusted provider in order to ensure that no loss of data occurs during Your viewing, as We are unable to foresee nor to remediate the effects of such loss.
Losing Your Access Credential: Each Access Credential is unique and is applicable only to one ISP. In the event of any loss of Your Access Credential, We will assist You in retrieving this vital information. Please contact Us immediately in order to ensure that this issue is solved rapidly. Because We know how important access can be, Our team will make sure that Your access will be regained within hours of Your loss, if the ISP did not get tampered by connection / technical issues, or within 5 (five) Days if there are additional issues to consider. Either way, We will keep You informed.
Safety of Your Access Credential: We ensure the singularity of Your Access Credential, it is, however, in Your reach how You use it. We advise You not to share it with third parties that are not related to the ISP. If there are interested third-parties and You decide to provide them with the Access Credential, please be advised that the manner in which such parties decide to use the Access Credential and the Platform is Your responsibility.
Brochures and any IPS photos/renderings: Your right to generate brochures and take photos/make any renderings of the ISP is limited and subject to further approval from us when it comes to changes, modifications, decompilation of any kind to the Software or any part of such Software or of the Platform. You are not granted with any right that would enable You with the lawful possibility to change, alter, integrate or modify in any way our ISPs, Software or Platform, without our prior and express written approval.
OUR RIGHTS AND OBLIGATIONS
How we use Your Documents: All Your Documents are segregated adequately from other subscribers. However, You agree and are informed that We are not responsible nor liable for backing up the ISPs for a longer period than your paid Term.
We believe in our Platform and Software: We believe in the excellence of our Platform and Software, but if You do encounter material issues and any loss during the Term. Our liability is limited to direct damages only, expressly excluding any loss of profit, and shall in no case exceed the amount of the corresponding fee applicable for Your first year Term or EUR 100, whichever is less.
Servicing: We ensure commercially reasonable endeavors to keep our Platform available at all times. Servicing support and promptly response to Your requests are made through our communication lines. In order for Us to ensure our full support, please report any issues that You encounter during the use of the Platform. Your report should include at least the following information: (a) a description of the encountered issue, (b) the error messages received, (c) any information You deem necessary.
HOW WE COMMUNICATE
Each of us can send communications by ordinary mail to the address in the Order process, by email or by any other agreed form of communication. You must inform us immediately about any address change or other information to keep our records up to date. We assume that Your contact details are the ones included in the Order process.
Our contact details are: (1) Address: 15A Orhideelor Road, Orhideea Towers Building, 13th floor, office 13.01, Bucharest, Romania; (2) E-mail: catalin@brightspaces.ai and office@brightspaces.ai
OTHER MISCELLANEOUS
Data protection: For protection of personal data, please see our Privacy Policy which is incorporated to these General Terms of Business and form an integral part.
Governing Law and disputes: These General Terms of Business are governed by the law of Romania. Any dispute that may arise is subject to the competent courts of jurisdiction from Bucharest.
Internal pre-contractual validation: (1) We reserve the right to choose our customers. If a situation arises that prevents us from concluding an agreement with you, we will notify you promptly on this matter. (2) We reserve the right not to accept any project that may hinder Our reputation or which is not in line with the law.
Limitations: (1) Even though our ISPs are validated by professionals, including architects, we do not take any, direct or indirect, responsibility, and the ISP cannot be used as a technical document or supporting document for any type of authorization or license, including building permits. (2) We reserve the right to change the applicable fees for any subsequent renewals. Where imperative legal provisions require Us to provide You with a prior notice of such changes, the amendments to the fees will operate only after such notification date. Any ongoing ISP or Add-on will not be affected by the fee change. (3) We are not liable for any damages resulted, directly or indirectly, from any errors, inconsistencies, omissions existing or resulting from Your Documentation and/or description provided. (4) As far as the applicable law permits, We are not responsible—whether under contract, extracontractual (including negligence or breach of duty) or otherwise—for: (i) any indirect, or consequential losses or damages; (ii) the cost of replacing products or contracting other services, including other providers; (iii) any interruptions to Your use of the ISPs, or any loss or corruption of ISPs or data; or (iv) loss of profits, business opportunities, or goodwill—resulting from or connected, directly or indirectly, to these General Terms of Business or any other related contractual document, the ISP, Software or Platform. (5) In addition, to the fullest extent permitted by the applicable law, We are not liable for: (i) Any third-party services or products you access or use during or in relation to the ISPs; (ii) Any direct or indirect issues that result from problems in networks, hardware, or software which remain fully and totally outside of Our control and supervision; (iii) Anything caused by Your own actions or omissions, directly or indirectly; (iv) Use of ISPs outside of Our Platform or through means and environments that were not recommended by Us. (6) In addition, to the fullest extent permitted by law, no waiver of liability with respect to any direct or indirect damage caused to Us by You can be inferred or be implied. Any waiver should be given expressly and by written consent.
Transfer: We may transfer any and all the rights and obligations arising out of these General Terms of Business at any time. In this respect, You give Us your express consent. You are not entitled to transfer, assign, totally or partially, any rights or obligations derived from these General Terms of Business, without our prior written approval.