Terms and condition
End-User License Agreement (“Agreement”)
Last updated: February 04, 2019
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using interior design Online Studio (“Application”).
By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and idO and it governs your use of the Application made available to you by idO.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application. The Application is licensed, not sold, to you by idO for use strictly in accordance with the terms of this Agreement.
License
idO grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Restrictions
You agree not to, and you will not permit others to:
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- copy or use the Application for any purpose other than as permitted under the above section ‘License’.
- modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of idO or its affiliates, partners, suppliers or the licensors of the Application.
Intellectual Property
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are and shall remain, the sole and exclusive property of idO.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to idO with respect to the Application shall remain the sole and exclusive property of idO.
idO shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application
idO reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application
idO may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Application. You agree that idO has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that idO shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. idO does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links there to are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Privacy Policy
idO collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is available at www.idO.eu/privacy-policy.
By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.
Term and Termination
This Agreement shall remain in effect until terminated by you or interior design Online.
idO may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from idO, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of interior design Online’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Account Types and Registration
Anyone may browse the public-facing pages of the Service and take a Style Quiz in order to become a Client or Designer.
Client
To become a Client, you must provide your email address, name, phone and your location. You can also choose to take a Style Quiz and answer some simple online questions (or you can skip this step) and select from a variety of designers. idO can also choose a designer for your based on your preferences.
Final “Design Packages” will include a visual concept board, room floor plan, shopping list and styling instructions from your Designer (as defined below) (such packages, “Design Packages“) based on your space and budget.
License Grants to idO
By creating, posting, or sharing Your Content on or through the Service, and subject to idO’s Privacy Policy, you grant idO a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to use, modify, remove, publish, transmit, or display Your Content in order to (a) facilitate matches between Designers and Clients and (b) advertise and promote the Service.
You Must Have Rights to the Content You Post
You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the license, (ii) the posting and use of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Service. You also acknowledge and agree that Your Content is non-confidential and non-proprietary.
Design Projects
A Client wishing to engage a Designer and purchase a Design Package through the Service will initiate a request for proposals (a “Project“) for Designers. The Project will provide the Client with an opportunity to select from a variety of custom designs that will make up the interior design portion of the Design Package (design, the “Custom Design“).
Entering the Project
Clients will be assigned to a workspace upon creation of their account on the platform. To ensure that the client’s vision is properly understood by designers – clients will need to provide a summary of their design vision as well as access to any resources such as measurements and floor plans, photos of the space to be transformed, existing furniture to be reused, “inspirational photos”, the results of their idO style quiz, etc to the designer.
Each Client will be able to choose from Designers listed as being available to work on the Platform, (Designers availability can be turned on and off by logging into their Profile Page).
Moving forward with the Designer
The Designer and Client will communicate exclusively online and build visual concepts to develop the Final Design, which will be approved by the Client.
Final Design to be submitted by the Designer to the Client will include a visualisation board, room layout plan, shopping list, styling instruction (the “Design Package”) and answers to any of the Client’s questions.
Once a Final Design has been approved, the Designer will receive payment pursuant to Fees & Payments – Clients section below.
All items proposed by the Designer as part of the Final Design must be purchasable online by the client.
Fees & Payments – Clients
Fees
- The fee (the “Fee“) to be charged to Clients for each Design Package will be set forth on the Service.
- The Fee is due and payable in advance of Client’s initiation of a Project.
Payments
ll monetary transactions on the Service take place in Romania, Lei or Euro for abroad.
VAT
All prices published on the website are inclusive of VAT. Designers are responsible for the payment of VAT in accordance to the governing rate.
Taxes
- You acknowledge and agree that you are solely responsible for complying with all applicable tax laws and regulations related to your use of the Service.
- Without limiting the foregoing, each Designer is solely responsible for determining any applicable local indirect taxes and for including such taxes or obligations related to any transactions made with any user of the Service. Designers are responsible for determining and paying any other appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service, except for taxes on idO’s income.
- idO is not responsible for any taxes related to your use of the Service. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
Refunds
The Service will offer any Client a full refund for a Design Package before the Client approves a design. In order to process a refund, we will require the Client to speak with us via phone about the designs the Client received.
Sending Messages Through the Service
Users may message each other through the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e. spam) idO will utilise any means possible to block spammers and abusers from using the Service If you believe spam originated from the Service, please email us immediately at support@interiordesignonline.eu
Users are reminded that the following conduct is not allowed on the idO messaging service:
- Threatening or verbally abusive language;
- Obscene, profane, or defamatory language;
- Posting of sexual innuendo, or deliberately disrupting discussions with repetitive messages, or spam.
- Language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, region, disability, etc.
- Hate speech of any kind
- Uploading of inappropriate material.
- Posting, distributing, or publishing any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
- Users may include links to other sites as relevant to their design, but those sites must meet the same guidelines.
idO’s Liability
Changes to the Service
We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
User Disputes
We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service (including, without limitation, Designer and third party partners (including furniture or design item suppliers). However, to the extent disputes between users arise in connection with the use of the Service, idO reserves the right, in its sole and exclusive discretion, to mediate between the subject users to an effort to resolve the dispute.This includes disputes between Clients and Designers. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release idO of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service. If you participate in an Installation, you are solely responsible for your interactions with other Users. You understand that idO does not currently conduct background checks, including criminal background checks, on its Users. idO makes no representations or warranties as to the conduct of Users.
In no event will the released parties (as defined below) be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of this service or persons you meet through the service you agree to take reasonable precautions in all interactions with other users of the service, particularly if you meet offline or in person you assume all risk when engaging the services of any other user and in connection with using the service, including but not limited to any risks associated with obtaining services from any designer or providing any services to any client, including all risks of physical or emotional injury or harm resulting any way or arising out of installation services or clients obtained through the service all users, including clients and designers, hereby expressly agree not to hold the released parties liable for any installation, instruction, advice or services delivered which originated through the service and the released parties expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that arise or related in any way to the service, the information provided through the service and the services provided by or to any user of the service.
Content Accuracy
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including Designs Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service Use the Service at your own risk.
Third-Party Websites
The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. We make no promises and disclaim all liability of specific results from the use of the Service.
No Warranties
The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, idO, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, idO provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither idO nor any idO’s provider makes any representation or warranty of any kind, express or implied: (i)
as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of idO are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of idO and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall idO or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if idO or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Third Party Disputes
idO is not affiliated with any carrier, service proviser, or third party service, and any dispute you have withany carrier, service proviser, third party service or third party,including, without limitation, any other users of the service, is directly between you and such third party, and you irrevocably release the released parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes
Amendments to this Agreement
idO reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
Governing Law
The laws of Romania, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Contact Information
If you have any questions about or any other matters, you can contact idO by e-mail at support@interiordesignonline.eu,
Entire Agreement
The Agreement constitutes the entire agreement between you and idO regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and idO.
You may be subject to additional terms and conditions that apply when you use or purchase other idO’s services, which idO will provide to you at the time of such use or purchase.