Surveyorpad Terms of Use

(SOFTWARE, SERVICE AND SUBSCRIPTION LICENSE AGREEMENT)

 

  1. Interpretations, Definitions and Conditions
  • Unless the context otherwise admits words importing one gender shall include all other genders and words importing the singular shall include the plural and vice versa.
  • The terms of this agreement (“Agreement”) govern your use of our websites and other on-line services (collectively, “On-line Services”) such as the Surveyorpad Knowledge Base or Surveyorpad Cloud and software that we include as part of the On-line Services, including any smart device, web or desktop application and scripts (collectively “Software”), 3D or 2D models and any related documentation (collectively “Documentation”). By using the On-line Services, Software or Documentation (collectively “Services”) you agree to these terms, irrespectively they are free or paid.
  • This Agreement constitutes a non-exclusive license for you, the End-user, to use the licensed Services. The Services are licensed, not sold, to you for your own use under the terms and conditions of this Agreement. The Services themselves remain the property of Surveyorpad and its licensors.
  • Major and Minor Versions. Services are regularly updated with feature developments and bug repairs. All these modifications are released under different version numbers. “Major Version” number is the first integer number of the version number string prior to the first decimal separator; “Minor Versions” are software updates starting with the same Major Version identifier.
  • “Device” means all computers, smart phones, tablet devices and all mobile equipment where Services are accessible and run.
  • Our websites describing the Services are available worldwide but this does not mean all Services or service features are available in your country, or that user-generated content available via the Services is legal in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal where you use them. Services are not available in all languages.
  • Choice of Law. Your relationship is with Surveyorpad., and the Services and Software are governed by the law of UK. We do not seek to limit those rights where it is prohibited by law.
  • Group Administrator. In case of purchasing licenses by a legal entity employing more employees a “Group Administrator” may be appointed by said legal entity. This Group Administrator is not necessarily a user of any licenses but is allowed and responsible to assign the licenses purchased by the legal entity to end-users.
  1. Copyright and intellectual property
  • Surveyorpad Intellectual Property. The Services are owned by Surveyorpad and protected by applicable copyright laws. The Services may also embody certain other intellectual property rights owned or licensed by Surveyorpad, such as, for example, patent, trade secret, know how, and the like, whether foreign or domestic. To the maximum extent permitted by applicable laws, Surveyorpad reserves all rights to the Services not expressively granted hereunder and to any reproduction of the Services including its documentation, logos, trademarks, icons and interface in whole or in part. If you copy or use all or any portion of the Services without entering into this Agreement or obtaining written permission of Surveyorpad, you are violating copyright or other intellectual property law, and you may be liable to Surveyorpad and its licensors for damages, and you may be subject to criminal penalties.
  • User generated content ownership. Any product and information you create or collect using Services remain the property of its original owner or creator, Surveyorpad does not claim any ownership to this content.
  • User generated content handling. For operating the Services we require licenses from you regarding the content described in 2.2. For this content you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferrable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your content, for example), publicly perform, and translate the content as needed in response to user driven actions (such as when you choose to store privately or share your content with others). This license is only for the purpose of operating or improving the Services.
  • Warranty of content use. By uploading your content to the Services, you agree that you have: (a) all necessary licenses and permissions, to use and Share your content and (b) the rights necessary to grant the licenses in these terms.
  • You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your content, your use of the Services or Software, or your violation of these terms.
  • We will only access, view, or listen to your content in limited ways. For example, in order to perform the Services, we may need to access, view, or listen to your content to (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; and (c) enforce these terms. Our automated systems may analyze your content using techniques such as machine learning. This analysis might occur as the content is sent, received, or when it is stored. From this analysis, we are able to improve the Services. To learn more about the machine learning we do, go to https://www.Surveyorpad.net/privacy-policy/ and check the related topics in Surveyorpad Knowledge Base or ask us at info@surveyorpad.com.
  • Content Files. “Content Files” means Surveyorpad-provided sample files such as 2D and 3D models images or sounds. Unless the documentation or specific license associated with the Content Files state otherwise, you may use, display, modify, reproduce, and distribute any of the Content Files. However, you may not distribute the Content Files on a stand-alone basis (i.e., in circumstances in which the Content Files constitute the primary value of the product being distributed), and you must not claim any trademark rights in the Content Files or derivative works of the Content Files.

 

  1. Licensing
  • The Services delivered have a complex feature set, some of these features are available for free (basic features), and in order to use others (professional features) you need to purchase or subscribe to a license. Even for the basic features, after a short initial trial period you have to register with a valid e-mail address which registration is a prerequisite for license purchase and subscription, too. Registration to Services doesn’t equally mean that you need to pay for using them. All such situations where payment is required to access a part or total of Services is clearly communicated prior of their usage.
  • Feature access restriction. Your right to use the Software is limited to the basic functions which exclude exporting, integration, storage and presentation features until you purchase a license. Most of our licenses are time limited, so you are not entitled to use these features of the Software after that time frame your license is expired but you can still use the basic or other features with a valid license.
  • Software licensing and activation. Lawful use of the Software requires activation of the Software. Software activation is a technology, which controls the lawful use of the Software with a specific Device. During activation, the Software will send information to Surveyorpad about the Software, the registered user and will place a device identifier onto the Device by Surveyorpad, by which Surveyorpad will be able to check if you have a lawful license. This information includes the version, language and license identification key of the Software, some internal identity numbers of the computer hardware and the hardware configuration of the Device which we use only for this purpose. For further technical information, see our knowledge base or contact the customer service of Surveyorpad. By using the Software, you consent to the transmission of this information. After purchasing you have the right to use the features of the Software determined by the license you purchased on up to two Devices (alternatively, not simultaneously). After purchasing a valid license, you can activate the Software with the e-mail address and password you have provided during registration as your account identifier. It is essential that you possess these registration data and the invoice confirming the purchase of the Software.
  • Update and Upgrade. If the Software is marked “Upgrade” or “Update”, then in order to use the Software you are obliged to have a proper license which Surveyorpad acknowledges as suitable for updating. The Software titled Upgrade/Update replaces and/or supplements the product that has served as a basis of the upgrade. The result of the upgraded product shall be used only according to the provisions of the present Agreement. If the Software is an upgrade of an element of a software package that was licensed earlier to you, you are entitled to use or transfer the Software solely as part of a unified program package and you cannot separate it for the purpose of applying it on more than two Device. If you have purchased a perpetual license, you have right to use only the Updates/Upgrades which have the same Major Version you have purchased, unless the right of use of the given Upgrade/Update is expressly granted differently for you by Surveyorpad.
  • Upon expiration or termination of these terms, any perpetual licenses you have granted, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive. Upon the expiration or termination of the Services, some or all of the Software may cease to operate without prior notice.
  • Other License Types.
  • NFR Version. We may designate the Software or Services as “trial”, “evaluation”, “not for resale”, or other similar designation (“NFR Version”). You may install and use the NFR Version only during the period and only for the purposes that we have stated when we provide the NFR Version. You must not use any materials you produce with the NFR Version for anything other than non-commercial purposes.
  • Pre-release Version. We may designate the Software or Services, or a feature of the Software or Services, as a pre-release or beta version (“Pre-release Version”). Pre-release Version does not represent the final product and may contain bugs that may cause system or other failure and data loss. We may choose not to commercially release the Pre-release Version. You must promptly cease using the Pre-release Version and destroy all copies of Pre-release Version if we request you to do so, or if we release a commercial version of the Pre-release Version. Any separate agreement we enter into with you governing the Pre-release Version will supersede the provisions on Pre-Release Version set out in this section.

 

  1. Operation and Use of Services
  • Responsibility of unauthorized access. You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with an authorized account administrator) or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services.
  • Responsible Use. The Surveyorpad communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services responsibly.
  • You must not misuse the Services, Software, or content that we provide to you as part of the Services. For example, you must not:
  • copy, modify, host, stream, sublicense, or resell the Services, Software, or content;
  • enable or allow others to use the Service, Software, or content using your account information;
  • use the content or Software included in the Services to construct any kind of database;
  • access or attempt to access the Services by any means other than the interface we provided or authorized;
  • circumvent any access or use restrictions put into place to prevent certain uses of the Services;
  • share content or engage in behavior that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.);
  • upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • attempt to disable, impair, or destroy the Services, software, or hardware;
  • disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way),
  • engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;
  • place advertisement of any products or services in the Services except with our prior written approval;
  • use any data mining or similar data gathering and extraction methods in connection with the Services; or
  • violate applicable law.

 

  • Sharing Your Content.

Some Services may provide features that allow you to Share your content with other users or to make it public. “Share” means to email, post, transmit, upload, or otherwise make available (whether to us or other users) through your use of the Services. Other users may use, copy, modify, or re-share your content in many ways. Please consider carefully what you choose to Share or make public as you are entirely responsible for the content that you Share.

  • Level of Access. We do not monitor or control what others do with your content. You are responsible for determining the limitations that are placed on your content and for applying the appropriate level of access to your content. If you do not choose the access level to apply to your content, the system may default to its most permissive setting. It’s your responsibility to let other users know how your content may be shared and adjust the setting related to accessing or sharing of your content.
  • The Services may allow you to comment on content. Comments are not anonymous, and may be viewed by other users. Your comments may be deleted by you, other users, or us.
  • Termination of License. You may revoke this license to your content and terminate our rights at any time by removing your content from the Service. However, some copies of your content may be retained as part of our routine backups.
  • You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferrable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.
  • Selling Your Content. We may allow you to license your content to other users through our Services. If available, you may choose to license your content through us under a separate agreement or directly to other users under an agreement between you and the buyer.

 

  1. Payment and fees
  • Taxes and Third-Party Fees. You must pay any applicable taxes, and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. If you are located in a different country than Surveyorpad or its agent, your payments will be made to a foreign entity.
  • Credit Card Information. If you do not notify our payment processors of updates to your payment method, in order to avoid interruption of your service, our payment processors may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
  • Storage of payment information. Surveyorpad does not handle and store any payment information provided by the user. All payments are handled and all payment information are stored by our legally authorized payment processor partners only.

 

  1. Restrictions
  • You may only use the Services if you are over 18 years old.
  • License transfer. You may permanently transfer the Service licenses and all rights associated to it under this license to another party together with a copy of this Agreement, provided that the other party reads and accepts, in writing, the terms and conditions of this Agreement, that you do not keep any copies of the Software in whole or in part and the transferee agrees to be bound by the terms of this Agreement and that you notify Surveyorpad or its distributor of the transfer in writing and either you or the other party provides Surveyorpad with the other party’s written acceptance of these terms. Once all of these conditions are met, the transfer is complete, the other party’s rights vest, and your rights and obligations under this license terminate. If the above conditions are fulfilled, the other party is entitled to use the Services.
  • You may not sell, distribute, cede, sublicense, rent or lease or otherwise transfer or assign the right to use the Services (except as allowed above) nor transfer or provide access to it by network for commercial use, either in whole or in part, without a specific license from Surveyorpad to do so.
  • Reverse engineering. You are expressly prohibited from decompiling, disassembling, reverse engineering, or reducing the Software or On-line Services code for any purposes whatsoever.
  • Service modification. You are expressly prohibited from adapting, modifying, translating or creating any derivative works based in whole or in part on the Services unless you are authorized by Surveyorpad to do so.
  • Storag When the Services provide storage, we recommend that you continue to back up your content regularly. We may create reasonable technical limits on your content, such as limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Services until you are within the storage space limit associated with your account.

 

  1. Limited Warranty and Liability
  • The Services and Software are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services or Software will meet your expectations; or that (d) any errors or defects in the Services or Software will be corrected.
  • We specifically disclaim any liability for any actions resulting from your use of any Services or Software. You may use and access the Services at your own discretion and risk, and you are solely responsible for any damage to your Device or loss of data that results from the use and access of any Service.
  • No advice or information given by Surveyorpad employees, its distributors, resellers, agents, or consultants shall constitute a warranty by Surveyorpad or extend the warranty in this Agreement.
  • Limitation of Liability. We are not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the Services, even if Surveyorpad or its employees, resellers, or agents have been advised or should have known of the possibility of such damages. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury.
  • Financial liability. Our total liability in any matter arising out of or related to these terms is limited to €100 or the aggregate amount that you paid for access to the Service and Software during the three month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.
  • Extent of liability. The limitations and exclusions in this Section 7 apply to the maximum extent permitted by law.
  • User-Generated Content. We may host user-generated content from our users. If you access our Services, as we do not review all content uploaded to the Services, you may come across content that you find offensive or upsetting. Your sole remedy is to simply stop viewing the content. You may also report such content to us at info@surveyorpad.com.
  • We may modify, update, or discontinue the On-line Services, Software (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change. We will also allow you a reasonable time to download your content. If we discontinue a Service in its entirety, then we will provide you with a pro rata refund for any unused fees for that Service that you may have prepaid.
  • If your local laws give you other rights than the provisions regarding the warranty and liability in this agreement, the mandatory provisions of your local law shall be applicable.
  1. Force Majeure

Neither Party hereto shall be liable for any delays in the performance of any of its obligations hereunder due to causes beyond its reasonable control, including, but not limited to, fire, strike, war, riots, acts of any civil or military authority, acts of God, judicial action, unavailability or shortages of labor, materials or equipment, failure or delay in delivery by suppliers or delays in transportation.

  1. Termination
  • This Agreement remains in effect until it is terminated.
  • Normal termination by You. You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees. By terminating the Agreement you lose the right to use the Services after your paid subscription periods expire. Terminating this contract does not oblige Surveyorpad to be liable for reimbursing the price of the Services.
  • Termination by You with a dispute. You may initiate a dispute to terminate the Services by requesting a refund from Surveyorpad if the following conditions are all met:
  • You ask for a refund within 24 hours from purchase
  • You did the purchase by mistake or the Service is not working or its content is not according to your expectations or advertisements
  • You have not used the Service for productive purposes
  • You destroy and delete all data and content created with using the Service
  • You delete the Service from all your Devices
  • You agree that you do not post a review or comment about the Service on any platforms neither prior or after you received your refund.
  • You purchased your license or subscription directly from our website. In case of buying the license or subscription through in-app purchases (either on Apple or Android platforms) or purchasing through our distributors or 3rd parties, do not give you a right for a direct refund from us, these should be handled by the corresponding legal agreement between you and the place where you did the purchase.

Surveyorpad evaluates and approves all disputes on a case-by-case basis within maximum 30 days from receiving the dispute.

  • Termination by Us. If we terminate these terms for reasons other than for cause, then we will make reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your content.
  • Surveyorpad may terminate the Agreement without notice following breach of any part of the Agreement. Your actual or attempted violation of any of the provisions of this Agreement (especially 2 Copyright and intellectual property, 3 Licensing, 6 Restrictions and 12.1 Privacy Policy), specifically we may, at any time, terminate your right to use and access the Services or Software if:
  • you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);
  • you fail to make the timely payment of fees for the Software or the Services, if any;
  • we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful);
  • we elect to discontinue the Services or Software, in whole or in part, (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or (e) there has been an extended period of inactivity in your free account.
  • Upon termination, you must destroy the Software and all copies of it. Under no circumstances will Surveyorpad be liable for reimbursing the price of the Services or any other damages.
  • Termination by Group Administrator. Group administrators for a Service may terminate a user’s access to a Service at any time. If your group administrator terminates your access, then you may no longer be able to access content that you or other users of the group have shared on a shared workspace within that Service.
  1. Investigations.
  • We do not review all content uploaded to the Services, but we may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall).
  • We may access or disclose information about you, or your use of the Services, (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.
  1. Export Control Laws.

The Software, Services, content, and your use of the Software, Services, and content, are subject to EU and international laws, restrictions, and regulations that may govern the import, export, and use of the Software, Services, and content. You agree to comply with all the laws, restrictions, and regulations.

  1. General
  • Our “Privacy Policy” at https://www.Surveyorpad.net/privacy-policy/ governs any personal information you provide to us. By using the Services you agree to the terms of the Privacy Policy.
  • Entire agreement. This Agreement and our Privacy Policy constitutes the full, complete agreement between you and Surveyorpad concerning the Services and supersedes all prior agreements and understandings, either written or oral.
  • Software Usage Data. Services share information with Surveyorpad about how you use our Software. This information is associated with your Surveyorpad account and allows us to provide you with a more personalized experience, and helps us improve product quality and features. To learn more about Software usage data, go to Surveyorpad Knowledge Base.
  • Anonym usage data collection. We are also collecting anonym usage data about the usage of the features of By using the Services you are consent that we are collecting these data for operation and development purposes. For more information check our Privacy Policy.
  • Dispute Resolution. For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or Surveyorpad must resolve any claims relating to these terms, the Services, or the Software through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.
  • Place of Jurisdiction. This Agreement is governed by the Hungarian law. Any disputes arising from this Agreement, including those disputes relating to the validity, interpretation or termination of the Agreement shall be exclusively and finally settled by an arbitrate tribunal formed beside the competent court of the Hungarian jurisdiction syste according to its own rules of procedure. Place of jurisdiction shall be in Budapest, and you hereby submit to the jurisdiction thereof.
  • No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
  • Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
  • In the event that any provision of this Agreement will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law or court decisions.
  • English Version. The English version of these terms will be the version used when interpreting or construing these terms.
  • Non-Assignment. You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party.
  • No Waiver. Our failure to enforce or exercise any of these terms is not a waiver of that section.

 

  1. Modification.

We may modify these terms or any additional terms that apply to a Service or Software to, for example, reflect changes to the law or changes to our Services or Software. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Service or Software. By continuing to use or access the Services or Software after the revisions come into effect, you agree to be bound by the revised terms.

  1. Inquiries
  • Notice to Surveyorpad. You may send the notices to us at the following address: FPL Outsource Ltd T/A surveyorpad.com of Suite 1.14, Building Three, Watchmoor Park, Camberley, GU15 3YL.
  • Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally acceptable
  • Email address: info@surveyorpad.com. Correspondence via this e-mail address is informal and not legally binding to Surveyorpad and is monitored by people legally not representing Surveyorpad.