Last Updated: 18 June 2024
These terms and conditions (“Terms”) apply to the use of the Imperfect Platform (“the Platform”) and services provided by Imperfect (“we”, “us”, or “our”). By subscribing to the Platform or using our services (“Services”), you (“Client” or “User”) expressly and unconditionally accept these Terms.
We take your privacy seriously. The data we collect, how we use it, and our legal basis for doing so are detailed in our Privacy Policy. By using the Platform, you consent to the collection, use, and disclosure of your data as described therein.
3.1 Scope of Services: We provide a SaaS platform for managing circular construction projects. The Platform allows Users and Clients to store, manage, export, and analyze project data.
3.2 Service Availability: We strive to maintain the availability of the Platform. However, we cannot guarantee uninterrupted access due to maintenance or unforeseen circumstances.
3.3 Disclaimer on Data Accuracy: We do not guarantee the completeness or accuracy of any data, materials, or content on the Platform. The data may originate from third parties over whom we have no control. Therefore, we are not responsible for the accuracy, completeness, or suitability of any data for your intended use.
4.1 Registration: Users and Clients must register for an account to access the Platform. Registration requires accurate and complete information, such as an email address.
4.2 Account Security: Users and Clients are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.
4.3 Unauthorized Use: Users and Clients must notify us immediately of any unauthorized use of their account or any other security breach.
5.1 Fees: Fees for the Services are specified in the Order Form. Fees are payable in advance, either monthly or annually, as agreed.
5.2 Payment Terms: Payments must be made using the designated payment method. Late payments may result in suspension or termination of access to the Services.
5.3 Changes to Fees: We reserve the right to change the fees for the Services. Clients will be notified of any fee changes at least 3 months in advance.
6.1 Term: This Agreement is effective from the date the User or Client first uses the Services and continues until terminated.
6.2 Termination by User: Users may terminate their account at any time through their account settings or by contacting us.
6.3 Termination by Client: Clients may terminate this Agreement with 30 days’ written notice.
6.4 Termination by Us: We may terminate or suspend access to the Services immediately for violation of these Terms or non-payment.
6.5 Effect of Termination: Upon termination, Users and Clients will lose access to the Platform and all data stored therein. We will provide a reasonable period to retrieve data.
6.6 Breach by Imperfect: If Imperfect breaches the terms of this Agreement and does not remedy the breach within 30 days after notification, Clients have the right to request a refund of the paid Service Fee for the period they are unable to use the Services.
7.1 Confidential Information: Both parties agree to keep confidential any proprietary information disclosed during the term of this Agreement.
7.2 Use of Confidential Information: Confidential information must not be disclosed to any third party without prior written consent, except as required by law. If requested by Clients, we can share data with third parties.
We are committed to protecting your personal data. Our data handling practices are detailed in our Privacy Policy, which is incorporated into these Terms by reference.
9.1 Ownership: All intellectual property rights in the Services and Platform are owned by Imperfect.
9.2 License: Users and Clients are granted a limited, non-exclusive, non-transferable license to use the Services for their personal or internal business purposes, subject to these Terms.
10.1 Compliance: Users and Clients must comply with all applicable laws and regulations while using the Services.
10.2 Prohibited Activities: Users and Clients must not use the Services for any unlawful or prohibited activities, including but not limited to: reverse engineering, unauthorized access, or data mining.
10.3 Content Responsibility: Users and Clients are responsible for the content they upload, store, or share through the Platform. They represent and warrant that they have all necessary rights to the content they upload, and that such content does not violate any third-party rights.
11.1 Liability Cap: Our liability is limited to the amount paid by the Client for the Services in the 12 months preceding the claim.
11.2 No Indirect Liability: We are not liable for any indirect, incidental, or consequential damages arising out of or related to the use of the Services.
Imperfect is not a law or legal firm. No Deliverables should be construed as legal, financial, tax, commercial, or other advice nor compatible with other requirements that may be applicable to you. You should always consult with the appropriate professional regarding any legal, tax, financial, commercial, or other requirements you may be subject to.
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We may update these Terms from time to time. Users and Clients will be notified of any significant changes, and continued use of the Services after such changes constitutes acceptance of the new Terms.
14.1 Governing Law: These Terms are governed by and construed in accordance with the laws of Belgium.
14.2 Dispute Resolution: Any disputes arising out of or related to these Terms will be resolved in the courts of Belgium.
15.1 Entire Agreement: These Terms constitute the entire agreement between the parties regarding the use of the Services and supersede all prior agreements and understandings.
15.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be valid and enforceable.
15.3 Assignment: Users and Clients may not assign or transfer their rights or obligations under these Terms without our prior written consent.
For any questions or concerns regarding these Terms, please contact us at info@imperfect.city.