Last update: 14.11.2018

1. Scope

These Terms of Service (“Terms”) will apply to your use of online services (“Service”, “Services”) provided by Progman 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, 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 a prior 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

Service provider is Progman Oy, duly registered Finnish company with business ID 2076519-0, having its registered address at Aurakatu 8, FI-20100 Turku Finland. In some cases Service provider may be a 100% owned subsidiary of Progman Oy.

3. Service and Content

Our Service portfolio includes various Services in connection with MEP design and BIM. Being a pioneer in BIM object development, 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 prior notice to you. We provide the Service on an “as-is” and “as-available” basis. Some of the Services are available on free of charge basis; some of them are only available upon the payment. We solely decide on our pricing policy and/or availability of certain Services on free of charge basis. Unless otherwise agreed the Service and the Content are provided in English.

In connection with the Service, we make available product information, files, images, and other information and materials (“Contents”). We do not assume any liability if the Contents are 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 https://www.magicad.com/en/magicad-privacy-policy/. 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.

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 Content and/or Service in any other media or in any other location. You may not alter or modify 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 Content and/or Service, or any portion of 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 in case 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, (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.

You 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 in 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 Content and/or Service is limited to a maximum of the amount of annual payment made by you or 1 euro in case if you obtained a Content and/or Service on 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. MagiCloud Premium Beta Services

You may purchase MagiCloud Premium Beta Services on www.magicloud.com. MagiCAD Premium Beta Services enable user to download BIM objects to their native Revit projects using MagiCloud Connect for Revit add-in.

10.1 Subscription

MagiCloud Premium Beta Services are offered to you as a twelve (12) month Subscription. The Subscription period begins on the day of activation of the Services.

10.2 Delivery and Activation

The Services are activated and become available to you immediately after the successful payment transaction. However, some short delays in activation process are possible.

10.3 Payment

You can make a payment by credit card through PayPal service available on our site. You will receive the order confirmation and the receipt of the payment to your email address. All prices are in euros and free of VAT, local VAT will be added as applicable. If your principle location is in EU, you will be asked to submit a company VAT number.

10.4 Cancellation

You purchase the Subscription as a final sale; charges are non-refundable once paid.

No refunds or credits for Subscription payments will be provided to you, if you choose to terminate your Subscription to the Service or cancel your account prior to the end of your then effective Subscription Term.

In case if we cancel, terminate or otherwise make the MagiCloud Premium Beta Services unavailable to you, the payment for remaining Subscription period is the subject to refund. Please contact support@magicloud.com for further details.

10.5 Availability and limitations

You are required to install MagiCloud Connect to be able to use the Services. You can download the add-in here learn more about the add-in here. In addition, you should have a registered MagiCloud Account as stated in Section 4 Registration.

We may limit the number of BIM object downloads per week. You will receive the notification when approaching the limit of downloads. In case you need to increase the number of downloads please contact our support support@magicloud.com.

MagiCAD Generic Products are not available in MagiCloud Premium Beta Services.

11. My MagiCAD Customer Portal

You may obtain support services via our My MagiCAD customer portal (Portal). The support scope depends on support level, you have obtained. We also offer certain limited Services free of charge.

Administrative user (Administrator) is the main user of the account. Administrator can manage, invite, delete other users, assign administrative rights, and has access to all user information of the account. There may be several Administrators for the one account.

Support user (User) has access to the offered Services based on purchased support level.

In order to receive access to the Service, you should have a registered MagiCloud Account as stated in Section 4 Registration.