FloorplansCloud.com

Web Site Terms of Service Last Modified: 10/18/2018

1. Terms

By accessing this web site, you are agreeing to be bound by these Web Site Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Site Terms of Service Modifications

GreenTea Software may revise these terms of service for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms of Service.

3. Accessing the Website, Security and Privacy

  1. We are working hard on maintaining a reliable, continuous, and well performing service, but we can't guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss.
  2. To access certain features of the Website you have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party.
  3. We use SSL encrypted browsing for all logged-in users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

4. Use of the Services

  1. Permission is granted to use FloorplansCloud to create and manage data related to a floorplan and to access that information via this website, as well as mobile devices like the iPad or the iPhone.
  2. Limitations on use:
    1. You may not attempt to decompile or reverse engineer any software contained on FloorplansCloud's web site.
    2. You may not probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures.
    3. You may not access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces.
  3. This license shall automatically terminate if you violate any of these restrictions and may be terminated by GreenTea Software at any time.

5. Paid Services

  1. Some of the Services require payment of fees (the “Monthly Paid Plan" including the ability to store unlimited objects). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
  2. Paid Services are limited licenses for you to use particular for-pay aspects of the Services. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except as expressly allowed by the rules of those Paid Services.
  3. GreenTea Software may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided.
  4. Purchases of Paid Services are final and non-refundable, except at GreenTea Software's sole discretion and in accordance with the rules governing each Paid Service.
  5. GreenTea Software may change its prices for Paid Services at any time. To the extent applicable, GreenTea Software will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.

6. Content and Subscriber Content

For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, images, illustrations, logos, data, text, software, scripts, executable files, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "Subscriber Content" means Content that a Subscriber submits, transfers, or otherwise provides to the Services.

  1. SUBSCRIBERS RETAIN OWNERSHIP AND/OR OTHER APPLICABLE RIGHTS IN SUBSCRIBER CONTENT, AND GREENTEA SOFTWARE AND/OR THIRD PARTIES RETAIN OWNERSHIP AND/OR OTHER APPLICABLE RIGHTS IN ALL CONTENT OTHER THAN SUBSCRIBER CONTENT
  2. YOU RETAIN OWNERSHIP YOU HAVE OF ANY INTELLECTUAL PROPERTY YOU HOST ON FLOORPLANSCLOUD.COM INCLUDING FLOORPLANS, CUSTOM SYMBOLS, TEXT, IMAGES, DESCRIPTIONS.

7. Disclaimer

  1. The materials on GreenTea Software's web site are provided "as is". GreenTea Software makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, GreenTea Software does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GREENTEA SOFTWARE AND THE GREENTEA SOFTWARE AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT GREENTEA SOFTWARE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

9. Revisions and Errata

The materials appearing on GreenTea Software's web site could include technical, typographical, or photographic errors. GreenTea Software does not warrant that any of the materials on its web site are accurate, complete, or current. GreenTea Software may make changes to the materials contained on its web site at any time without notice. GreenTea Software does not, however, make any commitment to update the materials.

10. Links

GreenTea Software has not reviewed all of the sites linked (via: URL) to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by GreenTea Software of the site. Use of any such linked web site is at the user's own risk.

11. Governing Law

Any claim relating to GreenTea Software's web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.


Designated Agent

GreenTea Software LLC
United States Corporation Agents, Inc.
7014 13th Avenue, Suite 202
Brooklyn, NY 11228