The following terms and conditions govern your access and use of this application. By accessing and using this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Floori’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
BIM: Building Information Modeling, a digital representation capturing object characteristics.
CAD Generator: Software facilitating the creation of floors using textures of the chosen color with specified dimensions in .obj, .gltf, .glb, or .dae format.
Domain: A website on which the Floori visualizer can be embedded.
Domain Limit: The limited number of websites connected to your Floori website account on which the Floori Visualizer can be embedded.
Floori: Refers to the owner of the website, which may also be denoted as ‘us’ or ‘we’.
Floori Portal: The administrative and oversight panel for the Floori Studio and Floori Professional visualizer.
Floori Studio: Previously known as Floori Lite, this is an interior visualizer rooted in augmented reality technology, available as a web application.
Products: Individual items added to a Floori account, such as rugs, tiles or flooring panels in specific models and colors.
Product Limit: A restricted quantity of products added to your Floori account, contingent on the chosen pricing plan.
Service Provider: The entity responsible for the operation and ownership of the software service. It is also referred to as “Floori”.
EMEA Region:
Name: Actum Lab Sp. z o.o.
Registered Office: Trzy Lipy 3, 80-172 Gdańsk, Poland, EU
Legal Registration: Registered with the Gdańsk-Północ District Court in Gdańsk, VII Commercial Department of the National Court Register
Registration Number (KRS): 0000628928
Tax Identification (NIP): PL9571087594
Statistical Number (REGON): 36502025000000
Rest of the World:
Name: Actum Lab North America, Inc.
Registered Office: 8 The Green STE A, Dover, DE 19901, United States
Tax Identification (EIN): 37-1948955
Session: Involves the upload of a single photo to the Floori server or choosing one room from the provided room catalog by the user. Users have the flexibility to modify a limitless number of products within a session.
User/Viewer: Denoted as ‘you’, refers to individuals or entities accessing or viewing our website.
3.1. Floori allows users to publish their flooring textures and use them for augmented reality experiences in the Floori solutions.
3.2. The products added by Floori to the reference accounts, Floori may modify these products or discontinue their availability at any time.
3.3. You are solely responsible for all service, telephony, data charges and/or other fees associated with your access to and use of the products.
3.4. When accessing or using the solutions and application of Floori that involves a fee, please ensure to make timely payments and provide accurate payment details.
3.5. All of your use, access, and other activities relating to the site and the products must be in compliance with all applicable laws and regulations.
3.6. To use Floori, you must be at least 18 years of age; otherwise, you need to be supervised by your parents or legal guardians.
3.7. Floori may facilitate the purchase of third-party products or services. We do not guarantee the accuracy of their prices, descriptions, images, and details.
3.8. Use templates and reference materials at your discretion. Floori doesn’t guarantee their accuracy or legal compliance.
3.9. Floori’s hardware and solution usage conditions:
To use Floori solutions you will need to register and obtain an account, username, and password. When you register, the information you provide to us during the registration process will help us offer content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account, username, and password and for all activities associated with or occurring under your account. You represent and warrant that your account information will be accurate at all times. You must notify us immediately of any unauthorized use of your account and any other breach of security, and ensure that you exit from your account at the end of each use of the products. We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of the use of your account, with or without your knowledge, prior to your notifying us of unauthorized access to your account.
You may not transfer your account to any other person and you may not use anyone else’s account at any time without the permission of the account holder. If you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for
4.1. the online conduct of such user;
4.2. controlling the user’s access to and use of the products; and (iii) the consequences of any misuse.
Your personal information is managed in accordance with our Privacy Policy, which is incorporated into this Agreement by reference. It is essential to review our Privacy Policy in conjunction with this document. Our Privacy Policy complies with applicable U.S. privacy laws and regulations, including the California Consumer Privacy Act (CCPA) and the Children’s Online Privacy Protection Act (COPPA), where applicable. For our Australian users, our Privacy Policy complies with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth). For users in New Zealand, our Privacy Policy aligns with the Privacy Act 2020 and the Information Privacy Principles (IPPs). For users in Asian countries, our Privacy Policy adheres to relevant data protection laws and regulations applicable in your jurisdiction, including the Personal Data Protection Act (PDPA) for countries like Singapore, Malaysia, and Thailand. If the Service Provider processes personal data on your behalf that is subject to the EU General Data Protection Regulation (GDPR), the terms of the Floori Data Processing Agreement will apply and are also incorporated by reference.
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “content.” Where the company provides content to you in connection with the products, including, without limitation, the software and the products and the site, it is “company content.” Content that users upload, transmit, or post is “submitted content.”
Content remains the proprietary property of the supplier, whether it’s the company, its affiliates, or third-party providers, and is safeguarded under both United States and European and foreign intellectual property laws. By providing submitted content, you:
6.1. Affirm that it doesn’t violate third-party rights, including copyrights and trademarks.
6.2. Certify you possess all required licenses, rights, consents, and permissions for it.
6.3. Grant Floori a worldwide, perpetual, non-exclusive, royalty-free license to use, modify, and disseminate your submitted content.
6.4. Understand that Floori may refuse or remove any content at its discretion.
6.5. Commit not to submit content affiliated with competitors or intended to defame or malign.
6.6. Accept responsibility for all consequences and liabilities arising from the content you provide.
You also acknowledge that Floori doesn’t require further permissions or payments to third parties concerning your submitted content, and no liability falls on Floori for its use or exploitation.
The company respects all copyright, privacy, defamation, and other laws and won’t tolerate their violation.
Although the company does not screen the submitted content, its usage by you is at your own risk, and the Floori assumes no liability. No posting or appearance of submitted content on the site or through the products implies endorsement or guarantees its adherence to copyright, privacy, or other laws. Should you believe any content (yours or a third party’s) violates any laws or is inaccurate or harmful, you should promptly notify Floori.
All rights not explicitly provided in these terms are retained by the content owners, and these terms do not confer any implied licenses.
You hereby grant the company a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market, and otherwise use and exploit the submitted content on the site and through the products, and sublicense it to the users for these purposes directly or through third parties. Notwithstanding the foregoing, you have the right to remove all or any portion of your submitted content from the site at any time. Removal of your submitted content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such users.
The company hereby grants you (as a user) a limited, non-exclusive, non-transferable license to access and use submitted content and company content, for which you have paid all required fees, solely for your personal, purposes through the site and the products, in accordance with these terms and any conditions or restrictions associated with particular products. All other uses are expressly prohibited absent our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any submitted content or company content unless we give you explicit permission to do so. Submitted content and company content is licensed, and not sold, to you.
You agree that we may record all or any part of product textures for quality control and delivering, marketing, promoting, demonstrating or operating the site and the products. You hereby grant the company permission and release to use your name, likeness, image or voice in connection with the offering, delivering, marketing, promoting, demonstrating, and selling the site, products, company content and submitted content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith.
10.1. You may only access the Products for lawful purposes.
10.2. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the products.
You must adhere to acceptable standards of behavior while using Floori. This includes not submitting misleading information, avoiding harmful intent towards any entity, not transmitting harmful or objectionable content, and respecting all laws and regulations. Unauthorized commercial activities or intentions, modifying content without appropriate attribution, and misrepresenting affiliations are strictly prohibited.
If you are a user:
12.1. You have read, understood, and agreed to be bound by the pricing information before using the site.
12.2. if you are under the age of 18, you have obtained parental or legal guardian consent before using the site.
12.3. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the site or the products.
12.4. You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory, or libelous content.
12.5. When navigating the site, you commit to behaving lawfully and in alignment with widely accepted social norms.
12.6. You are expected to offer genuine and precise details regarding your identity, device, or whereabouts when contributing feedback or reviews.
12.7. Do not engage in actions on the site that might harm individuals or organizations.
12.8. Unauthorized access, duplication, alteration, or misuse of the site’s content, especially for business aims without the right credit, is forbidden.
12.9. Deliberately suggesting or hinting that the site has endorsements, sponsorships, or affiliations with any other platform or entity is not permitted.
12.10. Altering any links or data related to the site is restricted.
12.11. Acquiring, holding, or using the private details of users without their acknowledgment is not permissible.
12.12. Engaging with the site in a manner that could jeopardize, overwhelm, or obstruct its infrastructure, its patrons, or its offerings is forbidden.
12.13. Any attempts to duplicate, change, interpret, or deconstruct any section of the site are not permitted.
12.14. Deploying automated systems, extracting data, or any analogous instruments on the site is prohibited.
12.15. It’s imperative to abide by relevant legal standards and directives when interacting with the site.
Pricing is available upon request from our sales team. Prices can be changed upon further notice. We will charge your credit card monthly for all amounts owed.
All prices listed are exclusive of taxes. Depending on your location and applicable laws, taxes may be added to the final amount at checkout. Additionally, certain fees, such as transaction fees or processing fees, may apply. These fees will be clearly communicated to you before making a purchase.
Your subscription will be billed on a [monthly/annual] basis, with automatic credit card charges processed on your specified renewal payment date. To cancel your subscription, please notify us at customersuccess@floori.io at least fifteen (15) days before your renewal date. Unfortunately, if you don’t notify us within this period, automatic credit card charges will apply on your specified renewal payment date. For more information about refunds, please refer to clause 14.
If you’re a new subscriber and are unhappy with our service, you may request a refund within seven (7) days from the date of your payment for access to the Floori platform. We will issue a full refund of the amount paid during this period. For refund requests made after the initial seven (7) days and up to the end of the second month, we can provide an 80% refund of the amount paid. However, starting from the first day of the third month onwards, we regret to inform you that no refunds will be provided. If we determine that you are abusing our refund policy, we reserve the right to suspend or terminate your account and restrict any current or future use of our products without any liability to you. To request a refund, please contact us at customersuccess@floori.io.
If you’re an existing subscriber renewing your subscription for the first time or have previously renewed and are unhappy with our service, you may request a refund within three (3) days from the date of your payment for access to the Floori platform. We will issue an 80% refund of the amount paid during this period. However, starting from the fourth day onwards, we regret to inform you that no refunds will be provided. To avoid automatic credit card charges upon renewal and you wish to cancel your subscription, please notify us at customersuccess@floori.io at least fifteen (15) days before your specified renewal payment date. This will ensure ample time to process your request. If we do not receive your notification within this fifteen (15) days grace period (which is less than fifteen days), your credit card will be automatically charged accordingly. If we determine that you are abusing our refund policy, we reserve the right to suspend or terminate your account and restrict any current or future use of our products without any liability to you. To request a refund, please contact us at customersuccess@floori.io.
The trademarks, service marks, and logos used and displayed on the site, in the products, or in any company content are our registered or unregistered trademarks or those of our suppliers or third parties. They are protected pursuant to United States, European and foreign trademark laws. All rights are reserved and you may not alter, obscure, or link to these trademarks without our prior approval.
In addition to trademarks, any content, information, data, products, services, and any derivative works from Content, as well as any associated intellectual property and other rights on our Site, remain our property. This property, including patents associated with our services and platform, is protected by local and international laws. You acknowledge that our rights are valid and enforceable. While we do not explicitly list patents, unauthorized use or infringement will be addressed according to applicable laws.
We emphasize the protection of intellectual property rights. We neither knowingly upload or post content infringing third-party rights nor permit users to engage in copyright-infringing activities or infringement of other intellectual property rights on our Site. Allegations of intellectual property rights infringement related to our Site content will be addressed. If you believe any content on our Sites infringes upon your copyright, contact us via email with the subject line ‘Copyright Notice’ at hello@floori.io. Furthermore, you represent and warrant to us that you have all necessary rights to authorize the use of any content provided to us, and that no third-party consents are required. Such use will not infringe the rights of any third parties.
The products, site, company content, and any other materials made available on or through the site or the products are provided “as is,” without any warranties of any kind. The company hereby disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
Floori is a platform for users to upload their flooring and view it in AR technology. We do not manufacture or sell flooring nor are we responsible or liable for the quality and purchase conditions. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of instructors or users, including, but not limited to, any user’s reliance upon any information provided by an instructor.
We do not control submitted content (as defined below) posted on the site and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such submitted content. You also understand that by using the products may expose you to submitted content that you consider offensive, indecent, or objectionable. Floori has no responsibility to keep such content from you and no liability for your access or use of any submitted content.
Floori may contain links to other websites which are not under the control of Floori. We are therefore not responsible for the content, practices or availability of such sites nor will we be held responsible for any loss or damage caused by the use of content or services of such websites.
Neither party shall be liable hereunder under any theory of liability, including, without limitation, contract, tort or negligence, for any indirect, special, incidental or consequential damages or lost profits. The company’s total liability hereunder shall be limited to the amounts paid in connection with the products under which such liability arose.
Both you and Floori decide to relinquish any entitlements to pursue legal actions in a courtroom or in front of a jury or to join in any collective or group-based actions related to a claim. Prior to engaging in any formal dispute resolution processes, it’s a mutual understanding to first try resolving any disagreements through discussions lasting no less than 90 days. Should these discussions not yield a resolution within this timeframe, the consensus is to address the issue via binding arbitration. It’s recognized and accepted by both parties that there’s a waiver of rights for a jury trial or involvement in any group-based legal proceedings.
You hereby indemnify, defend and hold harmless the company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of your breach of any representation or warranty hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
We may terminate your use of the products or site immediately without notice for any breach by you of these terms or any of our applicable policies, as posted on the site from time to time. We may discontinue offering any product, or content at any time. You may terminate your use of the site or the products at any time, by contacting us at customersuccess@floori.io 15 days prior to your next renewal payment date.. This agreement is effective from the date you first access our Site and remains in effect until terminated in accordance with this Agreement. Furthermore, we may remove any Content that you submit if we determine that you have violated this Agreement or for any other reason. We have no obligation to retain any of your accounts or submitted content for any period of time beyond what may be required by applicable law. Upon termination, you must cease all use of the site, products, and content. Any accrued rights to payment and all representations and warranties shall survive termination..
Your use of the Site, the Products, and these Terms are governed by the substantive laws of Delaware and United States law. You agree to bring any claims, actions, or arbitration requests related to these Terms solely before a court in Poland. Floori is based and operates from its headquarters in Poland. If you access or use our Site, you do so understanding and adhering to local Polish laws. We reserve the right to limit the availability of our Site to any person or region at our discretion.
Entire Agreement: These terms, along with any policies relevant to you displayed on the site, represent the complete agreement between both parties concerning the subject matter and replace all prior oral or written agreements about this subject matter.
Severability: If any provision of this Contract is determined to be unlawful or unenforceable, the rest of the Contract remains valid and enforceable.
Assignment: You’re forbidden from assigning, delegating, or transferring any aspect of this Contract.
Modification: Only we have the right to make alterations to this Contract. Our signed, written consent is necessary for any deviations or changes.
Supersession: This Contract takes precedence over all prior versions and any verbal or documented communications. If conflicts exist between this Contract and other guidelines or notices, this Contract governs.
No Agency: Neither this Contract nor any of its terms imply a partnership, joint effort, or employer-employee relationship between you and Floori. Furthermore, neither party shall portray itself to third parties as having authority to bind the other, except as stated in this Contract or with written authorization from the concerned party.
Presentation: The use of headers, titles, or other formatting styles in this Contract is solely for clarity and doesn’t impact the interpretation of any part or provision.
Waiver: Only a written document can waive a term’s provision, executed by the benefiting party. The company’s lack of insistence on or enforcement of any right or provision doesn’t imply waiver of such right or provision.
Notice: All necessary notices or communications will be written and conveyed via facsimile, postpaid registered or certified mail (return receipt requested), or email.
Effective 17 April 2024