Terms & Conditions
Last updated Oct 29, 2024
CAD Rooms (the service) Terms & Conditions These Terms and Conditions (the "T&Cs") constitute the binding contract between you (the "User") and Wikifactory (the company) Ltd. ("Wikifactory", "we", "us") in relation to signing up with and using the platform CAD Rooms (the service) (the "CAD Rooms (the Platform)"), including any and all content, features, services, and applications therein provided by Wikifactory through the CAD Rooms (the Platform), including use through the installed Desktop App on any operating system.
If the User is acting on behalf of a legal entity, the User represents and warrants that they are authorized to conclude an agreement and to enter into these T&Cs with Wikifactory in the name and on behalf of that legal entity. Please read these T&Cs carefully before signing up with and using the CAD Rooms (the Platform). By accessing or using the CAD Rooms (the Platform), you agree to be bound by these T&Cs.
1. Definitions
Wikifactory: Wikifactory (the company) Ltd, the holder and operator of CAD Rooms.
CAD Rooms (the Platform): The online environment for CAD Rooms, corresponding to the website, Desktop App, and services provided under the relevant domain.
User: Any person or legal entity who registers to use CAD Rooms, including professionals, companies, and other entities focused on private collaboration around product data, engineering, and manufacturing.
Content: Any type of material uploaded by Users to the CAD Rooms (the Platform), including designs, comments, links, documents, or data.
Organisation: A registered profile created by a User for a team under a brand or entity to manage, collaborate, and privately share Content.
Private Project: A repository for private Content shared within a closed group of Users, without public accessibility.
Sync: The process of syncing local folders with the cloud or local servers, applicable for local and enterprise installations of CAD Rooms.
2. Acceptance of T&Cs By signing up for and using CAD Rooms, the User agrees to be legally bound by these T&Cs. These T&Cs may be updated and/or modified by Wikifactory at any time at its sole discretion in accordance with clause 18 below. The T&Cs apply to all Users, whether acting on behalf of a legal entity or as individuals.
3. Registration and Admissibility The User must register to use the features and services offered by CAD Rooms. Registration requires the provision of accurate and complete information, including a Username, email address, and password. The User must keep this information up to date at all times. The use of the CAD Rooms (the Platform) is restricted to individuals who are at least 18 years old. Users registering on behalf of a legal entity represent and warrant that they are authorized to do so, and may be required to submit documentation to prove this authority.
The User is solely responsible for maintaining the confidentiality of their registration information, including their password. Any activities that occur under the User's account are their responsibility. The User is prohibited from transferring or assigning their account to any third party without Wikifactory's prior written consent.
4. Third Parties' Personal Data Provided by Users If the User provides personal data belonging to third parties, the User undertakes to ensure that the communication of such data to Wikifactory and subsequent data processing in accordance with our Privacy Policy will occur in compliance with the applicable Privacy Law. The User must ensure that (i) such third parties have been duly informed, (ii) have been provided with a copy of our Privacy Policy, and (iii) have given their consent, if applicable law requires so.
5. Activity CAD Rooms (the service) is a Software-as-a-Service (SaaS) platform designed for professionals and organizations focused on private product innovation, collaboration, and product data management. CAD Rooms (the service) offers secure spaces for companies and teams to collaborate on their designs, engineering data, and manufacturing processes in a private manner. CAD Rooms (the service) does not offer for sale any goods or services between Users. Its sole purpose is to provide a secure and private environment for product innovation and collaboration, with no public access to the projects, content, or interactions occurring within the CAD Rooms (the Platform).
6. CAD Rooms (the service) Content and IP Rights The CAD Rooms (the Platform), its software, configuration, structure, and any proprietary Content ("Wikifactory Content") are owned by Wikifactory or its licensors. Users are strictly prohibited from copying, reproducing, distributing, modifying, decompiling, reverse engineering, or otherwise exploiting the CAD Rooms (the Platform) or any Wikifactory Content, except as expressly permitted by Wikifactory in writing. All intellectual property rights, including copyrights, patents, trademarks, trade secrets, and other proprietary rights, remain the exclusive property of Wikifactory and its licensors.
The User shall not remove, alter, or obscure any proprietary notices or labels on the CAD Rooms (the Platform). Any use of Wikifactory's trademarks, logos, or other proprietary materials without prior written consent is strictly prohibited.
7. Users' Content and IP Rights Users retain ownership of all intellectual property rights in the Content they upload or share on CAD Rooms. By uploading Content to CAD Rooms, the User grants Wikifactory a limited, non-exclusive, transferable, sub-licensable, royalty-free license to use, store, display, reproduce, and modify such Content solely for the purpose of operating, providing, and improving the CAD Rooms (the Platform).
The User represents and warrants that they have all the necessary rights and permissions to upload, share, or collaborate on the Content within CAD Rooms. Wikifactory (the company) does not control or monitor Users' Content; therefore, the User is solely responsible for ensuring that their Content does not infringe any third-party rights, including intellectual property rights. Wikifactory disclaims any liability for any infringement or unlawful use of third-party rights by Users.
8. Services CAD Rooms (the service) provides subscription-based services for creating and managing private workspaces, controlling access to Content, and facilitating private collaboration around product data, engineering, and manufacturing. The services offered are intended for professional and commercial use. Users can manage permissions to control who can access or view the Content they upload to their private workspaces. CAD Rooms (the service) also offers the ability to sync local folders with cloud storage or local servers for Enterprise clients.
9. Paid Services: Subscriptions, Fees, and Payments CAD Rooms (the service) offers services through subscription fees, which may be billed on a monthly or annual basis. Users will be required to provide payment information, and all payments will be processed via a third-party Payment Processor. The Pricing Page, available on our website, forms part of these T&Cs, and may be updated from time to time at Wikifactory's discretion. The User is responsible for ensuring that their payment details are accurate and up to date. Users may be charged additional fees, including taxes, where applicable.
All payments are subject to the terms and conditions of the Payment Processor, and Wikifactory (the company) is not responsible for any issues that arise during the payment process, including errors made by the Payment Processor.
10. Third-Party Services The CAD Rooms (the Platform) may include integrations or links to third-party services, which are provided solely for the convenience of Users. Wikifactory (the company) does not endorse, control, or assume responsibility for these third-party services or their content. The User acknowledges and agrees that their use of third-party services is at their own risk, and that Wikifactory will not be liable for any damages or losses arising from their use of such third-party services.
11. Use of the CAD Rooms (the Platform) The User agrees to use CAD Rooms (the service) solely for lawful purposes and in compliance with all applicable laws, regulations, and industry standards. The User shall not use the CAD Rooms (the Platform) in any manner that infringes on the rights of others, including intellectual property rights, privacy rights, or contractual rights.
The User agrees not to use CAD Rooms (the service) to engage in unlawful activities or to upload, share, or distribute any material that is harmful, offensive, or otherwise violates these T&Cs. Wikifactory (the company) reserves the right to remove any Content or suspend or terminate any User account that violates these T&Cs or applicable law.
12. Terms on Acceptable Use
Compliance with Laws: Users must comply with all applicable laws when using CAD Rooms, including intellectual property, privacy, and data protection laws.
Content Restrictions: Users must not upload, post, transmit, or otherwise share content that is unlawful, harmful, obscene, defamatory, or infringes on the rights of others.
Conduct Restrictions: Users must not engage in harassment, threats, or abusive conduct towards others, including other Users, Wikifactory employees, or agents. The CAD Rooms (the Platform) may not be used for spamming, distributing malware, or any form of fraudulent or unethical activity.
13. Termination Wikifactory (the company) reserves the right to terminate the User's access to CAD Rooms, including their account, at any time, with or without notice, for any reason, including but not limited to a violation of these T&Cs. Upon termination, the User's Content may be deleted permanently without further notice. The User acknowledges that certain provisions of these T&Cs, including intellectual property rights, warranty disclaimers, and limitations of liability, shall survive termination.
14. Disclaimer The CAD Rooms (the Platform), including any Content, features, and services provided therein, is provided on an "AS IS" and "AS AVAILABLE" basis, without any express or implied representations or warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title. Wikifactory (the company) does not warrant that the CAD Rooms (the Platform) will be secure, error-free, or available at all times.
Wikifactory disclaims liability for any loss or damage arising from User interactions or reliance on any Content available through CAD Rooms. Users are solely responsible for ensuring that their use of the CAD Rooms (the Platform) is lawful and that their Content is accurate and does not violate any laws or rights.
15. Indemnification The User agrees to indemnify, defend, and hold harmless Wikifactory, its affiliates, and each of their respective officers, directors, employees, contractors, and agents from all claims, damages, liabilities, costs, and expenses (including legal fees) arising out of or in connection with:
The User's access to or use of the CAD Rooms (the Platform) and services provided therein.
Any breach of these T&Cs by the User.
The infringement of third-party rights, including intellectual property rights, by the User or any Content uploaded by the User.
16. Limitation of Liability To the maximum extent permitted by applicable law, under no circumstances shall Wikifactory, its affiliates, licensors, or suppliers be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of revenue, loss of data, or business interruption, arising out of or in connection with the use or inability to use the CAD Rooms (the Platform) or the services provided therein, whether based on warranty, contract, tort, or any other legal theory.
Wikifactory's total liability to the User shall not exceed the greater of (i) the total amount paid by the User for the services during the twelve (12) months preceding the event giving rise to the claim or (ii) one hundred (100) euros.
17. Applicable Law and Jurisdiction These T&Cs and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of England, without regard to its conflict of laws principles. Any disputes shall be exclusively resolved in the courts of England, except where mandatory applicable law provides otherwise.
18. Modification of T&Cs Wikifactory (the company) reserves the right to modify or replace any part of these T&Cs at its sole discretion. Wikifactory will inform Users of any material modifications by posting a notice on the CAD Rooms (the Platform)'s homepage and, for registered Users, by email or through the User's account. The User's continued use of CAD Rooms (the service) after the effective date of such modifications shall constitute acceptance of those modifications. Users who do not accept modifications must cease all use of the CAD Rooms (the Platform).
19. Cancellation of Subscriptions Users may cancel their subscriptions by contacting CAD Rooms at cadrooms@wikifactory.com. No refunds will be provided for any unused portion of a subscription term. Upon termination or cancellation, the User will have a period of seventy-two (72) hours to download any files from their private projects. After this period, access to those private projects will be permanently disabled. In certain cases, upon written request, Wikifactory may extend the download period at its sole discretion.
20. Language The English version of these T&Cs shall be the prevailing version in the event of any inconsistency between the English version and any translation provided for convenience purposes.
22. Contacts Wikifactory Ltd. is a registered company under the laws of Great Britain, with registered office in 2nd Floor, Windsor House, 40/41 Great Castle Street, London W1W 8LU, United Kingdom. It is wholly owned by the parent company Wikifactory Group ApS, with registered office at Sundkrogsgade 21, Copenhagen 2100, Denmark. You may contact Wikifactory at the aforesaid UK address or by email at cadrooms@wikifactory.com.
As per our compliance with EU regulations, users that are residents in the EU also have at their disposition the Online Dispute Resolution platform to file a complaint or unresolved problem regarding our service. The European Online Dispute Resolution (ODR) platform is provided by the European Commission to make online shopping safer and fairer through access to quality dispute resolution tools.