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Floor Plan Creator Application Terms and conditions

Below you shall find the Terms and conditions for Floor Plan Creator, a mobile and web application available on Android-based mobile devices and at floorplancreator.net website. Terms and conditions contain information on using the application, available subscription plans and payment methods as well as information concerning procedure of withdrawal from the contract or complaint procedure.

The creator and owner of the Floor Plan Creator application is Marcin Lewandowski, Tylna 2a/27, 90-364 Łódź, Poland, NIP (Tax Identification Number): PL8741642440.

All inquiries regarding the application shall be sent to support@floorplancreator.net.

§ 1
Definitions

For the purpose of these Terms and conditions, the following definitions shall apply:

  1. User – a natural person, a legal person or a legal entity with limited legal capacity who, using the website or the Application installed on their mobile device, utilizes the functionalities provided by the Application,
  2. Consumer – a natural person that uses the Application, not directly related to any business or professional activity,
  3. Terms and conditions – this document, available at https://floorplancreator.net/terms,
  4. Website – a website available at https://floorplancreator.net,
  5. Mobile device – a portable, Android-based, electronic device, connected to the Internet with the use of wireless technology,
  6. Application – Floor Plan Creator app created by the Operator; this definition covers both the Web and Mobile Applications,
  7. Web Application – Floor Plan Creator Application designed to be used through an Internet browser after accessing the Website,
  8. Mobile Application – Floor Plan Creator Application designed to be used on Mobile devices,
  9. Paddle – Paddle.com Market Limited, 15 Briery Close Great Oakley, Corby Northamptonshire NN18 8JG, United Kingdom, EU VAT ID: GB150848114,
  10. Project – simplified architectural design created with the Application,
  11. Operator – Marcin Lewandowski, Tylna 2a/27, 90-364 Łódź, Poland, NIP (Tax Identification Number): PL8741642440, who is the creator, owner and operator of the Application as well as the provider of services available through usage of the Application.

§ 2
Preliminary provisions

  1. Operator provides the User with electronically supplied services.
  2. The basic service provided to the User is to ensure the ability to view and access contents of the Website. Website and its contents can be accessed anonymously and for free, without the need to provide any personal data.
  3. Web Application can be used through the Website. You can use Web Application free of charge or for a fee, depending on the User's choice, which determines the scope of functions available within the Web Application.
  4. You can use the Web Application anonymously, without registering a user account. However, without an account, You cannot save created Projects. Registration of a user account requires entering an e-mail address and defining the account access password.
  5. Mobile Application is available in the Google Play store and Amazon store which means that the User can download and install the Application on their Mobile Device. You can use Mobile Application free of charge or for a fee, depending on the User's choice, which determines the scope of functions available within the Web Application. You can use Mobile Application anonymously, without registering a user account, which means no personal information is provided to the Operator. However, if you want to synchronize Projects created Mobile Application with the Web Application, you must first register a user account or log in to the previously created user account referred to in paragraph 4 above.
  6. Terms and conditions define the rules of using the Application as well as the rights and obligations of the Operator and Users resulting from the use of the Application.
  7. In order to use Web Application, it is not necessary for computers or other devices to meet specific technical conditions. The following are sufficient:
    1. internet connection,
    2. standard operating system,
    3. up-to-date Internet browser supporting HTML5,
    4. active e-mail address – if the User wants to create an account.
  8. Mobile Device with Android system is required to access and use the Mobile Application.
  9. It is prohibited to send unlawful content via the Application and contact or inquiry forms available on the Website.

§ 3
User account

  1. User can create an account through Website or Mobile Application by filling in the registration form. Registration of a user account requires entering an e-mail address and defining the account access password. This data will then be used to log in to the account. User is obliged to ensure the confidentiality and security of their access data. Operator is not responsible for any unauthorized persons gaining access to the user's account as a result of obtaining user's access data due to reasons attributable to the User.
  2. User's account registration is also possible through integration with Google account. In this case, Google account is used to log in to the user's account.
  3. User account registration leads to the conclusion of an agreement between the User and the Operator for managing user's account. The contract is concluded for an indefinite period of time. At any time, User may request the Operator to delete their account. The Operator shall delete the account immediately, no later than within 3 business days from receiving the request. Deleting an account results in an irreversible loss of access to the Projects created with and stored on the account.

§ 4
Web Application

  1. Web Application can be accessed from the Website. You can create Projects without having an account but it is not possible to save them without registering one.
  2. You can use the Web Application as a part of available subscription plans. Information on the subscription plans for the Web Application, available functionalities and fees associated with the selection of a given plan are available at: https://floorplancreator.net/#pricing.
  3. Individual subscription plans include different limits of Projects that can be saved in the Application. As part of the subscription plans, you can pay separately for increasing the limit of Projects that can be saved. Such options are described in the “Account usage” tab after you log in to your account. By increasing the limit of Projects, for one year the User is at the same time provided with specific functionalities of the standard subscription plan – details concerning this topic are described on the Website.
  4. Subscription plan can be selected through Web Application. If the User chooses a paid subscription plan, the transaction is carried out by Paddle. Therefore, the User concludes a contract with and makes payment to Paddle which enables them to use the Web Application provided by the Operator as part of the paid subscription plan. The contract is concluded for a definite period corresponding to the User's choice at the time of the transaction (month or year) and is not subject to termination. The subscription fee is paid in advance for the entire period and is refundable only in case of effective withdrawal from the contract. Ceasing to use the Web Application or deleting the user's account does not entitle the User to a refund of the payment made.
  5. Subscriptions are automatically renewed according to the subscription period chosen by the User. Each renewal of the subscription leads to the conclusion of another contract for a definite period resulting from the subscription period. The User can disable the automatic renewal of the subscription.
  6. The User may at any time change the pre-selected subscription plan, with the stipulation that switching to the free subscription plan shall take effect after the period of the subscription plan paid for has expired. In a situation where the period of the previously paid subscription plan expires and the User does not pay for another period of the paid subscription plan, it is considered that they have selected a free subscription plan, which results in an automatic transition to the free subscription plan.
  7. Possibilities of switching subscription plans and financial transactions related to this matter are determined by Paddle rules.
  8. User can read the terms of the transaction carried out by Paddle here: https://paddle.com/legal-buyers.

§ 5
Mobile Application

  1. You can use the Mobile Application after its prior installation on the Mobile Device. It is possible to use the App without a user account, however synchronization of the Projects with the Web Application requires a registered account.
  2. By installing the Application the User accepts Terms and conditions.
  3. You can use the Application as part of available license options of the Mobile Application. Information on the license options of the Mobile Application, available functionalities and fees related to the selection of a given option are available at: https://floorplancreator.net/pricing.
  4. You can choose the license option in the Mobile Application, however, if you choose a paid license option the transaction is carried out by the operator of Google Play or Amazon, depending on the store that the User uses. Therefore, the user concludes a contract with and makes payment to the store operator, which allows him to use the Mobile Application as part of the paid license option. The contract is concluded for an indefinite period of time. The license fee is paid in full in advance and is refundable only in case of effective withdrawal from the contract. Ceasing to use the Mobile Application or deleting the user's account does not entitle the User to a refund of the payment made.
  5. The User may read terms of the transaction carried out by the operator of the Google Play store or Amazon as part of the legal documents provided by these operators.
  6. A one-time payment of the license fee will provide unlimited access to the functionalities of the selected license option on the Mobile Device used by the User.
  7. A user who uses both the Mobile Application and the Web Application can synchronize their Projects between these two platforms. The editing and saving of the Projects in the Web Application is subject to the limit of Projects in the Web Application referred to in § 4 paragraph 3 of these Terms and conditions.
  8. Each purchase made as part of the Mobile Application is rewarded by increasing the limit of Projects in the Web Application in accordance with the Operator's current offer described on the Website and in the Mobile Application.
  9. User can have only one active account to synchronize with the cloud at any given time. After the registration of a new account, the synchronization of previously created accounts is terminated and the bonuses referred to in paragraph 8 above are cancelled.

§ 6
General terms of use of the Application

  1. The User is obliged to use the Application in a manner consistent with the law, Terms and conditions and principles of morality, as well as to:
    1. not supplying and not transmitting unlawful content,
    2. use the Application in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
    3. not to use the Application in a way that is inconvenient for other Users and for the Operator.
  2. Using the Application in an unlawful way justifies blocking the User's ability to use the Application.

§ 7
Copyright

  1. The Operator has the rights to the Application and to the content made available through the Application, including text and graphic elements, as well as elements of programming applications generating and servicing the Application.
  2. Upon the installation of the Mobile Application on the User's Mobile Device, the Operator grants the User a non-exclusive license to use the Application on the terms specified in Terms and conditions.
  3. The User has no right to copy, sell or otherwise market or distribute the Application, in whole or in part, in particular, send or share it in computer systems and networks, distribution systems for mobile applications or any other IT systems.
  4. For the avoidance of doubt, the Operator informs that the User has the copyright for the Projects created using the Application.

§ 8
Consumer’s withdrawal from the contract

  1. A consumer who has concluded a distance contract has the right to withdraw from it without giving a reason within 14 days from the date of conclusion of the contract.
  2. In order to withdraw from the contract, the Consumer must inform the seller of his decision to withdraw from the contract by way of an unambiguous statement, e.g. via e-mail.
  3. In order to keep the withdrawal deadline, it is enough for the Consumer to send information concerning the exercise of the right to withdraw from the contract before the set deadline.
  4. Withdrawal from the contract will result in an automatic transition of the User from the paid subscription plan to the free plan. In addition, in such situation, the Operator has the right to delete user's account.
  5. In the event of withdrawal from the contract, the subscription fee paid will be refunded to the Consumer. The payments shall be returned immediately but no later than within 14 days from the notice concerning the right to exercise withdrawal from the contract. Refunds shall be made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has explicitly agreed to another solution. In any case, the Consumer will not incur any fees due to the form of payment reimbursement.

§ 9
Responsibility

  1. The Operator provides 24-hour access to the Application, however, he reserves the right for maintenance breaks. However, the Operator shall make every effort to ensure that maintenance breaks last as short as possible.
  2. The Operator provides the support necessary for the proper functioning of the Application. Malfunctions and errors hindering or preventing the use of the Application may be reported by sending a notification to support@floorplancreator.net.
  3. The Operator shall respond to the received notification no later than within three business days and take actions necessary to remove the existing problem.
  4. The Operator is not liable to the User for non-performance or improper performance of the service due to reasons arising from:
    1. interruptions in the service delivery or unavailability of the Application, which shall be independent of the Operator or resulting from events that the Operator could not foresee,
    2. incorrect functioning of the Application independent of the Operator, in particular resulting from problems on the part of telecommunications operators, providers of telecommunications lines and electricity,
    3. access to accounts functioning within the Application by unauthorized persons, which may result in losing access data required to log in to the user's account,
    4. dangers connected with the use of the network: hacking attacks, infecting the system with viruses or similar events,
    5. actions and omissions of the User, including in particular his use of the Application in a manner inconsistent with applicable law, contract or accepted customs,
    6. force majeure.
  5. In no event shall the Operator be liable for any benefits lost by the User.
  6. If the responsibility of the Operator is recognized, this liability is limited to the amount of subscription fee paid by the User.

§ 10
Privacy policy and cookies policy

  1. Administrator of the User's personal data is the Operator.
  2. The User's personal data is processed in order to provide electronically supplied services and for the purpose of possible defence, investigation or settlement of claims related to the services provided.
  3. Information related to the processing of personal data of the User and cookies policy are described in detail in Privacy Policy which can be accessed here: https://floorplancreator.net/privacy.

§ 11
Non-judicial ways of considering complaints and assertion for claims

  1. The Operator agrees to submit any disputes arising in connection with provided services by way of mediation proceedings. Details shall be determined by the parties to the conflict.
  2. The Consumer has the ability to use non-judicial ways of considering complaints and assertion for claims. Inter alia, the Consumer has the ability to:
    1. ask the Permanent Consumer Arbitration Court requesting the settlement of the dispute arisen from the concluded contract,
    2. ask the provincial inspector of Trade Inspection requesting initiation of the mediation proceedings on the amicable settlement of the dispute between the User and the Operator,
    3. ask for assistance from the district (municipal) consumer advocate or social organization which statutory tasks include protection of the consumer.
  3. More detailed information on non-judicial ways of considering complaints and assertion for claims can be found at https://polubowne.uokik.gov.pl.

§ 12
Other provisions

  1. Operator reserves the right to introduce and withdraw offers and product sales as well as to change prices without prejudice to the right acquired by the Consumer, including contract terms concluded before the change.
  2. Operator reserves the right to make changes to the contents of these Terms and conditions. Users will be notified of any planned change to the regulations at least 14 days in advance. If the content of the new Regulations is not accepted, the User has the right to stop using the services provided electronically by the Operator without incurring any costs.
  3. All disputes arising in connection with the Application shall be settled by the Polish common court having jurisdiction over the Operators’ place of residence. This provision does not apply to Consumers where the jurisdiction and jurisdiction of the court are considered on general terms.