Last update: 02.09.2021

1. Scope

These Terms of Service (“Terms”) will apply to your use of online services (“Service”, “Services”) provided by MagiCAD Group Oy and/or its affiliated companies (“we”, “us”). Our Services are commercial professional tools, which are not intended for domestic, household or consumer use. Therefore, by accepting these Terms you acknowledge that you have the authority to enter into these Terms on behalf of the company you represent, and that you are of a legal age and you will use the Service as a corporate customer. If you do not accept these Terms, you have no right to access or use the Service. Your use of the Service is also a subject to our Privacy Policy.

We may revise these Terms at any time without providing notice. You must comply with the revised Terms as of the moment you access the Service after the revised Terms have been published.

2. Service Provider

The Service provider is MagiCAD Group Oy, a registered Finnish company with Business ID (company registration number) 2076519-0, and having its registered office address at Aurakatu 8, 20100 Turku, Finland. In some cases, the Service provider may be a 100% owned subsidiary of MagiCAD Group Oy.

We may also offer you Services, which are developed by Glodon Company Limited, who are based in China.

3. Service and Content

Our Service portfolio includes various Services in connection with the Construction industry, Mechanical Electrical and Plumbing (MEP) design and Building Information Modelling (BIM). Being a pioneer in BIM technology, we constantly refine our Services in order to offer you the best support you need in your daily work. Therefore, we may change, modify, interrupt, and terminate the Service at any time without providing prior notice to you. We provide the Service on an “as-is” and “as-available” basis. Some of the Services are available on a free of charge basis; some of them are only available upon payment. We solely decide on our pricing policy, platform and/or availability of certain Services. Unless otherwise agreed, the Service and the Content are provided in the English language.

In connection with the Service, we make available relevant product information, files, images, and other information and materials (“Content”). We do not assume any liability if the Content is inaccurate or incomplete.

4. Registration

In order to access the Services, you are required to register and create your user account. You will be asked to fill in your contact information in order to create your user account. We comply with the applicable privacy and personal data legislation. Please see our Privacy Policy for further information.

In order to access the Services, developed by Glodon Company Limited, you are required to receive or register and create your global Glodon account. Glodon complies with the applicable privacy and personal data legislation. Please see Glodon’s Privacy Policy for further information.

You warrant that the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity. Note that your personal account is assigned to the legal entity you represent.

5. Your Rights and Obligations

You are entitled to use the Service and the Content only for professional purposes and always at your own risk and expense. You acknowledge that you use the Service at your sole responsibility for (and that we have no responsibility to you or to any third party for) any content that you create, transmit, submit, upload, display or otherwise make available while using the Services or Content and for the consequences (including any loss or damage which we may suffer) by doing so.

For the avoidance of doubt, any calculations, data, or other results generated from the usage of the Services are for reference only and must be checked by you. Neither we nor our supplier shall be responsible for the reliability and validity of the results, as it is your responsibility to ensure that the results are correct.

You are further aware, acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences of any such breach.

You must not download the Content and/or Service for the purpose of making a systematic compilation of the Service’s product databases, or adding the Content and/or Service to another service or solution, which is similar to the Service. You must not remove any copyright, trademark, or other labels, which have been included in the Content and/or Service. You must not sublicense, transfer or otherwise make available any Content to any third party for commercial purposes or financial gain or use the Content and/or Service in any other media or in any other location. You may not alter or modify the Content and/or Service in any way. You may not copy or, download, scrape, store, publish, transmit, retransmit, distribute, broadcast, circulate, transfer, sell, resell, republish, upload, distribute or otherwise use the Content and/or Service, or any portion of the Content and/or Service, in any form or by any means, except as expressly permitted by these Terms.

You must not disclose your password to anyone, or otherwise permit any unauthorised access to the Service by a third party. You must stop using the Services whereby you have changed or left the legal entity you represent.

You must comply with the user guidance of the Service.

6. Intellectual Property Rights

All intellectual property rights to the Content made available through the Service and the Services will remain either our property or our licensors’ property. You are granted only limited rights to use the Service and the Content in accordance with these Terms.

7. Warranties

We make no warranties of any kind, express or implied, about the completeness, accuracy, reliability, integrity, quality or suitability for any purpose of any Content and/or Service.

Neither we warrant that: (i) your use of Services will meet your requirements and expectations, (ii) your use of the Service will be uninterrupted, timely, secure or free from error or free from technical inaccuracies, nor free of viruses, or other harmful matter, (iii) any information obtained by you as a result of your use of the Service will be accurate and reliable, (iv) defects in the operations or functionality of any software provided to you as a part of the Service will be corrected, and (v) the quality of any Content and/or Service you obtain and/or purchase will meet your expectations.

Your sole and exclusive remedy for dissatisfaction in connection with the Content and/or Service is to cease using the Content and/or Service.

8. Limitation of Liability

We will not be liable for any indirect or consequential damage or loss of profits such as losses due to interruptions of your business or sales or destruction or alteration of data. We shall not be liable for any damage to the operating environment or other equipment resulting from the use of the Content and/or Service. Our aggregate liability for any direct and proven damage to you resulting from the use of the Content and/or Service is limited to a maximum of the amount of annual payment made by you or one (1) euro (€) in case if you obtained the Content and/or Service on a free of charge basis.

We may publish links to third party websites within the Content and/or Service but assume no responsibility or liability for those links, websites, or content available at those websites.

9. Law and Disputes

These Terms and your use of the Service will be governed by the substantive laws of Finland, with the exception of any conflict of law principles.

Any and all disputes arising out of or relating to these Terms or your use of the Content and/or Service must be submitted to the arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Finland Chamber of Commerce.

Should any provision of these Terms be declared unenforceable by the arbitrage of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect to the fullest extent permitted by law.

10. E-learning

Access to the e-learning training Services is restricted to the number of authorised users set out in the agreement and to whom we have provided login details. Authorised users are expressly prohibited to share, transmit, distribute or in any way give access to the login details or the e-learning training Services to any third party.

You shall ensure that the authorised users use the e-learning training Services in accordance with the Terms and shall be responsible for any authorised user’s breach of the Terms and for the conduct of any persons who access the e-learning training Services using the login details allocated to an authorised user whether authorised to do so or not.

You shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, de-compile, reverse compile, reverse engineer, republish, download, display, transmit, or distribute all or any portion of the e-learning training Services in any form or media or by any means, access all or any part of the e-learning training Services in order to build a product or service which competes with the e-learning training Services, or use the e-learning training Services to provide Services to third parties.

The charges for the e-learning training Services are to be paid in advance and are non-refundable.

No refund will be given where one or more authorised users fail to complete the course or any e-learning module(s) in the time available.

No refund will be given where you do not utilise the full number of purchased e-learning courses.

11. Glodon Gsite Lite Plan

Subject to fulfilment of certain criteria, you may be granted access to the Gsite Lite Plan on a free of charge basis. The Gsite Lite Plan is developed by Glodon Company limited and includes the full Gsite Field module, which includes the following features:

  • Quality Management
    • Issue management
    • Checklists
  • Safety Management
    • Issue management
    • Checklists
  • Model management & viewing
  • File Management
  • Workflows

11.1 Limitations

The Gsite Lite plan does not have any limitations in functionality. However, the usage is limited to a maximum of two (2) active licenses at a time per qualified organisation.

For avoidance of doubt, we offer the Gsite Lite plan on an “as-is” and “as-available” basis. Therefore, we do not guarantee access for a specific time period. You will be granted the access for now until further notice. We solely decide on our pricing policy and/or availability of the Gsite Lite plan, as well as its Content.

If any suspicious usage activity that deviates from the expected intended use of the Gsite Lite plan is acknowledged, we may terminate the license due to the incorrect usage of the Service with immediate effect and without providing prior notice.

11.2 Technical Services

We may, but are not obliged to, offer you the following technical Services:

  • Start-up training to help you initiate your projects. The Start-up training includes:
    • Help and guidance with general project set-up
    • Basic training for project administrators in project set-up and user management
    • Basic training for main features in the included Gsite Field module
  • Continuous support to help out with questions and problems