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Materialisting General Terms and Conditions

Last updated: 01.08.2024

These General Terms and Conditions ("Terms," "Terms and Conditions") govern the access and use of the Materialisting platform (the "Platform"), including any related websites, mobile applications, content, features, and functionalities offered by Materialisting, a company registered in Finland (collectively, the "Service"). These Terms apply to both customers who utilise the platform for design and architecture projects ("Designer") and material manufacturers / suppliers whose representative products are listed on the platform ("Manufacturer").
 

1. Acceptance of Terms

By accessing or using the Service, the Designer or Manufacturer (each, a "User") agrees to be bound by these Terms and Conditions. If a User disagrees with any part of these Terms, they may not access or use the Service.
 

2. Description of Service

Materialisting provides a browser-based platform designed to assist design and architecture professionals in managing design projects, materials, and collaboration, and manufacturers / suppliers of building and interior products in showcasing their products and related information. The platform offers features such as cloud storage, real-time collaboration tools, and material/product specification management. The specific features and functionalities available to a User will depend on their User type (Customer or Manufacturer) and the chosen plan.
 

3. User Accounts

An account ("Account") is needed to access the features of the Service. The User is responsible for maintaining the confidentiality of their account credentials and is fully responsible for all activities that occur under their account.
 

4. Use of the Service

  • The User may only use the Service for lawful purposes and in accordance with these Terms.

  • The User may not use the Service in any way that could damage, disable, overburden, or impair the Service or interfere with the use and enjoyment of the Service by others.

  • The User may not access the Service through unauthorized means, such as hacking or scraping.

  • The User may not upload, store, or transmit any content that is illegal, infringing, obscene, defamatory, or otherwise harmful.

 

5. Intellectual Property

Materialisting and its licensors retain all right, title, and interest in and to the Service, including all intellectual property rights. The User may not modify, derivative works of, reverse engineer, decompile, or disassemble the Service.
 

6. User Content

The User retains all ownership rights to the content they upload to the Service ("User Content"). By uploading User Content, the User grants Materialisting a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, publish, and distribute their User Content solely for the purpose of providing and improving the Service to all Users, and for business development. Materialisting may anonymize User Content for analytical purposes.
 

7. Third-Party Services

The Service may contain links to or integrate with third-party services. Materialisting is not responsible for the content or practices of any third-party service.
 

8. Disclaimers and Limitations of Liability

The service is provided "as is" and "as available" without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
 
Materialisting will not be liable for any direct, indirect, incidental, consequential, or special damages arising out of, or in any way connected with, the use of the service, including without limitation, damages for lost profits, lost data, or business interruption.
 
If the User violates these General terms and Conditions or other terms of the entire agreement, it shall be obliged to compensate for all damage caused to Materialisting for the violation.
 

9. Term and Termination

These Terms will remain in full force and effect while the User uses the Service. Termination procedures and rights are outlined in the separate Terms of Service document.
 

10. Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of Finland. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitration of the Finland Chamber of Commerce. The seat of arbitration shall be Helsinki, Finland. The language of the arbitration shall be Finnish, if both contracting parties are Finnish, otherwise it shall be English.
 

11. Entire Agreement

These General Terms, together with the Terms of Service, Privacy Policy, and Cookie Policy, constitute the entire agreement between the User and Materialisting regarding the use of the Service, and supersede all prior or contemporaneous communications and proposals, whether oral or written.
 

12. Amendments

Materialisting may amend these Terms at any time. We will use reasonable efforts to notify Users of any material changes to the Terms, such as through email notifications or announcements on the Service. Continued use of the Service after the posting of amended Terms constitutes the User's acceptance of the amended Terms.
 

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
 

14. Waiver

No waiver of any provision of these Terms by Materialisting will be deemed a further or continuing waiver of such provision or any other provision.
 

15. Contact Us
If you have any questions about these Terms, please contact us at hilda@materialisting,com, or visit this page on our website: www.materialisting.com/about-us.

 

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