Terms and conditions

This agreement applies to and between you, the User of our Website (http://www.door-vision.com) and/or App (https://app.door-vision.com/demo), and Fluegelspiel - Software & Creatives OG with a business address at Kroisbachstraße 20, 3340 Waidhofen an der Ybbs, Austria (https://fluegelspiel.com). Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website or App. If you do not agree to be bound by these Terms and Conditions, you should stop using the App and/or Website immediately. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Door Vision App or website operated by Fluegelspiel - Software & Creatives OG ("us", "we", or "our").

 

In this Agreement “you” and “your” refer to users and prospective users of our website and App, “we”, “company”, “us” and “our” refer to Fluegelspiel - Software & Creatives OG (the operator and developer of the Door Vision App) and “Service” refers to the services provided by us through our website and App. Party”, “Parties”, or “Us”, refers to both the users and ourselves, or either the users or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same. 

 

Any and all use of our services is subject to this Agreement, which may be updated by us from time to time without prior notice to our users. Any change of terms shall be binding and effective upon posting of the revised Agreement on our website. In addition to this Agreement, specific services or information contained within this website or our App may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.

By using http://www.door-vision.com (the “Website”), https://app.door-vision.com/demo (the “App”)- Collectively regarded as “Site”, or any of our services (“Services”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations.

 

Unauthorised access
It is unlawful to try and gain unauthorised access to the site, its servers, or any computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you will be committing a criminal offence. In the event of such a breach, your right to use the Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

 

Our Service/Product

We at Fluegelspiel- Software & Creatives OG have dedicated our time and effort to developing an app that enhances the user’s experience when it comes to door visualisation. DoorVision is a web application that allows users to visualize doors at home on both desktop and mobile devices. The application asks users to upload photographs of their existing doors or empty wall openings to see what a brand-new door could look like in their place. The technology doesn’t only provide 2d images, it also detects the lighting situation in the photo and adjusts the look of the door accordingly. It also adds shadow profiles to the visualized doors in order to achieve a maximum realistic appeal. 

 

Third-Party Providers

Fluegelspiel- Software & Creatives OG have selected service providers such as doors and furniture sellers, interior designers, Architectural companies etc. that use the Door Vision App. We have granted a non-exclusive license to such third parties to use the App as part of their service or as a feature on their website/App. While you may be referred from such third-party website/App to the Door Vision App, we are not responsible for any arrangement, agreements or contracts between you and such third-party service providers. All services provided on our website and App are provided “as is” with no guarantee that it will be fit for a particular purpose or that the service will meet your requirements as specified in your agreement with the third-party service provider.

 

You agree to indemnify Fluegelspiel- Software & Creatives OG against any damages, losses, breach of contract resulting from the use of the Door Vision App through such third-party providers. 

 

Intellectual Property

Subject to other terms in these Terms and Conditions, all Content included on the Site, unless uploaded by Users (through reviews or comments) or other third parties, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Fluegelspiel- Software & Creatives OG or our affiliates or other relevant third parties. By continuing to use the Site, you acknowledge that such material is protected by relevant International and European Intellectual Property rights laws. You may not reproduce, copy, distribute, store or in any other fashion, re-use material from the Site unless otherwise indicated on the Site or unless given express written permission to do so by us.

 

Links to Other Websites

Our website and/or App may contain links to other sites. Unless expressly stated, these sites are not under the control of Fluegelspiel- Software & Creatives OG or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of their use. The inclusion of a link to another site on our website or App does not imply any endorsement of the sites themselves or those in control of them.

Use of the website and App

When using the website, App and our service in general, you shall act in accordance with the following rules:

1. You must not use the Site for illegal activities;

2. You must not display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party or website without our prior written consent;

3. Any attempts to publish or send malicious content with the intent to compromise another person’s computer environment is strictly prohibited and can result in a legal claim against you;

4. Use any robot, spider, site search/retrieval application, or other automated devices, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;

5. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses").

 

Our responsibilities

Your safety when using our site is paramount to us. Hence, all reasonable skills and care shall be taken to ensure your safety when using our Site. Please kindly note that whilst your security is paramount to us, remember that no method of transmission over the Internet is 100% secure. While we strive to use commercially acceptable means to protect your transactions (the use of our website and/or App) on our Site, we cannot guarantee its absolute security.
 

We will do our best to maintain the operation of the Site for the Service, however, we may need to temporarily suspend the Service for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the Service as soon as reasonably possible after any suspension.

If we cannot do what we have promised in these Terms because of something beyond our reasonable control (including, without limitation, disputes involving our employees, affiliates, partners), we will not be liable for this.

We warrant that we will take all reasonable care in performing our duties to you. We however make no warranty or guarantee that such service(s) will always meet your requirements.

Disclaimers

We do not make any warranty or representation that the Site will meet your requirements, that it will be fit for a particular purpose, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service(s).

Whilst every effort has been made to ensure that all descriptions of Services available on the website and App correspond to the actual Services, we are not responsible for any variations from these descriptions. 

Whilst we do our best to ensure that the Site is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their security, personal details and computers.

Third-party websites with links from the Site have not been verified or reviewed by Fluegelspiel- Software & Creatives OG, use and access of such third-party websites is made at your own risk.

Modification of Service and these Terms and Conditions

Fluegelspiel- Software & Creatives OG reserves the right to change the Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Site following the changes. If we are required by law to make any changes to these Terms and Conditions, these changes will apply automatically whenever we upload them.

Limitation of Liability 

To the maximum extent permitted by law, Fluegelspiel- Software & Creatives OG accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site or any information contained therein. Users should be aware that they use the Site and its Content at their own risk. We accept no liability for any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Unless it is caused by us and is reasonably foreseeable, we will generally not be liable for:

• any incorrect or inaccurate information on the Site and all interruptions to or delays in updating the Service.; 

• the infringement by you of any Intellectual Property Rights of any third party caused by your use of this Site;

• typographical errors, inaccuracies or omissions on the Site which we have the rights to correct at any time;

• any loss or damage due to viruses or other malicious software that may infect a user's mobile device, computer equipment, software, data or other property caused by user’s accessing, using, uploading or downloading through the Site, or from transmissions via emails or attachments received from Door Vision or its licensees;

 

Indemnification

You agree to defend, indemnify and hold harmless Fluegelspiel- Software & Creatives OG from and against any and all claims, proceedings, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: 

1. your use of and access to our site (i.e. Website and App) and our Services, including any data, or content transmitted or received by you; 

2. your violation of any term or condition of this Agreement, including without limitation, your breach of any of the representations and warranties contained herein; 

3. your violation of any third-party rights, including without limitation any right of privacy or Intellectual Property Rights; 

4. your violation of any applicable law, rule or regulation; 

5. any fraudulent behaviour, wilful misconduct or gross negligence;

No Waiver

Any default, delay or omission of any of the provisions of this Agreement by Fluegelspiel- Software & Creatives OG will not be construed as a waiver of any subsequent breach of the same or other provisions. 

Severability

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

 

Resolving disputes

Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted by an expert arbitrator as maybe agreed upon by the parties.  Any such mediation and arbitration fees shall be borne by the party bringing a claim.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Fluegelspiel- Software & Creatives OG. 

 

Law and Jurisdiction

These Terms and Conditions and the relationship between you and Fluegelspiel- Software & Creatives OG shall be governed by and construed in accordance with the laws of Austria and you agree to submit to the exclusive jurisdiction of the courts in Austria.

 

Entire agreement

These Terms, the Privacy Policy, and any other agreement contained on the Site or agreed by the parties constitute the entire agreement between you and Fluegelspiel- Software & Creatives OG. 

 

How to contact us

If you have any questions about our company’s Terms and Conditions, or you would like to exercise one of your data protections rights, please do not hesitate to reach out at info@fluegelspiel.com or send a letter to Kroisbachstraße 20 3340 Waidhofen an der Ybbs, Austria or simply click on http://www.door-vision.com/contact-8.