TERMS OF USE
- GENERAL
- These Terms of Use establishes the conditions that govern the access to, navigation and the use of the website https://dreamflat.design (referred to as the “Website”) and its functionalities, ustomer support, interactive areas and services (together referred to as the “Services”), and software, as well as any applications, including mobile applications, scripts, and instruction sets (together referred to as the “Software”). The Website, the Software, and the Services are collectively referred to as the "Platform". We urge you (also referred to as the "User") to read these Terms of Use as well as our Privacy and Cookie Policy (referred to as the “Data Protection Policies”) carefully before using this Platform. When you use the Platform, you are aware that you are bound by these Terms of Use and our Data Protection Policies. If you don’t agree with the Terms of Use and with the Data Protection Policies, you mustn’t use the Platform.
- The Platform and its services are operated by DreamFlat FZ-LLC (referred to as “DreamFlat” or “we”) with registered at UAE, with e-mail address info@dreamflat.design, registered in the Register of Companies of Dubai, with number 45001026.
- Providing access to the Platform and its services, we proceed from the assumption that you:
- acting on your own behalf represent the legitimate interests of a company (Business User), or are acting on your own behalf and in your own interest (Individual User) and have all the necessary authority to register on and use this Platform;
- provide true information about yourself to the extent necessary for use of the Platform;
- are responsible for the actions you take on the Platform;
- are aware of and accept the Data Protection Policies;
- are aware of and accept these Terms of Use.
- STATUS OF THE TERMS OF USE
- These Terms of Use are the legally binding agreement between you and DreamFlat whereby DreamFlat provides you with services of the Platform. These Terms of Use apply to the entire business relationship between you and DreamFlat and regulate the mutual rights and obligations.
- You should be fully aware of these Terms of Use before registering at the Platform. Your registration at the Platform means your full and unconditional acceptance of these Terms of Use.
- Use of the Software, in addition to these Terms of Use, is also governed by the License Agreement, which is part of these Terms of Use. If there is any conflict between the Terms of Use and the License Agreement, the License Agreement applies to the Software license relations.
- REGISTRATION AT THE PLATFORM
- To access the Platform and a limited set of Services and Software, registration is not required. To use a broader, more comprehensive set of Services and Software, you need to register on the Platform. As an Individual User or a Business User, you may create an account using an email address. In such cases, the you should provide the requested information and follow the established registration process in order to access the Services and Software.
- By registering, you accept and approve the need to receive some technical information from us in connection with the use of the Platform by e-mail and text message.
- The login and password you have chosen are the necessary and sufficient information for your access to the Platform. You are not allowed to transfer your login and password to third parties. You are solely responsible for the confidentiality of your login and password by choosing how they are kept. Using your hardware and software you may permit storage of the login and password (through cookies) for subsequent automatic authorization on the Platform.
- Unless you can prove otherwise, any action taken using your login and password is deemed to have been taken by you. In case of unauthorized access to your login and password you should notify us immediately via helpdesk of the Platform.
- USE OF PLATFORM
- License
- Subject to your compliance with the Terms of Use and applicable law, you may access and use the Software that we make available, and that you license from us. Use of the Software is governed by the License Agreement. When installing the Software, you should aware and accept the terms of the License Agreement.
- Advanced Services
- Normally the Software and Services can be used free of charge (referred to as the “Start Services”). Certain optional services that offer exclusive features and enhanced functionality, such as “Premium”, “Designer+” and “Enterprise” (collectively referred to as the “Advanced Services”), may be available for purchase. You can find the terms and conditions of each Advanced Services package on the Website in the "Tariffs" section. By purchasing Advanced Services, you agree to allow recurring monthly payments to be made by DreamFlat using the payment method of your choice until the subscription is cancelled by you or by DreamFlat.
- Users in some regions may be required to pay local taxes, which will be calculated and added to the total purchase price. Payment providers may apply their own fees and conversion rates to payments in different currencies. This is not within our control.
- You can change or cancel Advanced Services any time. To change or cancel your subscription, follow the instructions in your account on the Website. In case of cancellation, your subscription will remain active from the time you cancel until the end of your current billing period, and you will not receive a refund or credit for any remaining days in your current billing period. At the end of your subscription you will lose access to all features associated with Advanced Services.
- User’s Content
- When using the Services or Software, whether the Start Services or Advanced Services, you may upload and import into or create with the Services or Software any information or materials, such as audio files, video files, text or images (referred to as the "User’s Content" or “your Content”). You must not upload your Content that is prohibited by applicable law. We reserve the right to remove your Content or restrict access to your Content and the Platform if any of your Content is found to be in breach of these Terms.
- By uploading your Content to the Platform, you agree that you have: (i) all necessary licenses and permissions to use and Share (as applicable) your Content; and (ii) the rights necessary to grant the licenses specified herein.
- Solely for the purposes of operating or improving the Platform, when you upload your Content to the Platform, you grant us a nonexclusive, worldwide, royalty-free, sublicensable, and transferrable license to use the Content.
- The Platform may provide features that allow you to share or make your Content available to others. You can share your Content by submitting a special form through your use of the Services and Software or by sharing on social media sites. Other users may use, copy, modify or re-share your Content in various ways. Please think carefully about what you choose to share or make public, as you are responsible for the Content you share.
- If you post your Content for public sharing through the Platform, we are not responsible for: (i) any loss, damage or corruption of your Content; (ii) removal of your Content by anyone other than DreamFlat; or (iii) inclusion of your Content by third parties on other websites or in other media.
- When using the Platform you are not allowed to:
- take actions aimed at disrupting the normal operation of the Website, the Services and the Software;
- violate applicable law;
- load, storing, publishing, distributing, making available or otherwise using viruses, trojans, worms, logic bombs or any other software or technologically damaging or harmful material and other malicious software;
- reproduce, duplicate, copy, sell, deal in and resell the access to the use of the Platform, i.e. Advances Services, for any purpose without our direct consent;
- use the Services or the Software without a license or agreement with DreamFlat or in breach of such agreement;
- copy, modify, host, stream, sublicense, or resell the Software;
- authorize or permit others to use the Platform using your account information;
- use the Platform to create any type of database or dataset;
- offer, use, or authorize others to use the Services or Software in a computer services business, on a membership or subscription basis, on a service bureau basis, on a time-sharing basis, as part of a hosted service, or on behalf of any third party;
- obtain or attempt to obtain access to the Services or the Software by any means other than the interface that we provide or permit;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- circumvent any access or use restrictions imposed to prevent certain uses of the Platform;
- share content or otherwise engage in conduct that violates someone else's intellectual rights, unfair competition, right of privacy, right of publicity and any other proprietary rights;
- share any content that is unlawful, harmful, threatening, obscene, violent, abusive, wrongful, defamatory, vulgar, profane, lewd, invasive of the privacy of others, hateful or otherwise objectionable;
- share any content that sexualizes minors or is intended to promote inappropriate interactions with minors, other DreamFlat users, or the public;
- use any data mining or similar data collection and extraction techniques in connection with the Services or Software, including scraping data for machine learning or other purposes
- attempt to disable, impair, or destroy the Platform;
- advertise any products or services on the Platform, except with our prior written consent.
- You undertake not to attempt to make unauthorized access to the Platform, the server on which the Platform is hosted or any server, computer or database related to the Platform, as well as not to attack the Platform through any attack of denial of service (DoS) or an attack of distributed denial of service (DDoS).
- In the event of failure to comply with clauses 4.4 and 4.5 above, authorization to use the Platform shall be suspended immediately. Failure to comply with these clauses will be considered a violation under applicable law. We will report any non-compliance with the applicable law to the appropriate authorities and will co-operate with them to establish the identity of the infringer.
- License
- INTELLECTUAL PROPERTY
- You recognize and agree that all copyrights, registered trademarks, trade dresses, patents, trade secrets and other intellectual property rights on all materials or contents placed on the Platform (referred to as the “Content”) belong to DreamFlat at all times or to those who grant to DreamFlat license for their use.
- With regard to all rights to Content (e.g. property rights, industrial property rights, copyright), no license or other right is granted to anyone, except as set forth herein and in the License Agreement. Reproducing, copying, collecting, systemizing, storing and transferring the Content whether for commercial and/or non-commercial purpose and/or using the Content in whole or its part regardless of the way of use is not allowed without our consent. The use of marks (e.g. trademarks, logos), whether with the ® or ™ symbol, is expressly prohibited.
- INDEMNIFICATION
- You release us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claim, demand, loss or damage, including reasonable attorneys' fees, arising out of or in connection with your Content, your use of the Platform or your violation of the Terms. We have the right to oversee the defense of any claim, action or case subject to indemnification on your part with an attorney of our choosing. You will cooperate fully with us in the defense of any such claim, action or suit.
- DISCLAIMER
- The Software and the Services are provided on "AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of non-infringement, merchantability and fitness for a particular purpose. We make no commitment whatsoever as to the content of the Services. We also disclaim any warranty that (i) the Platform will meet your requirements or will be consistently available, uninterrupted, timely, secure or error-free; (ii) the results obtained from the use of the Platform will be effective, accurate or reliable; (iii) the quality of the Software or Services will meet your expectations; or (iv) any errors or defects in the Platform will be corrected.
- We reserve the right, at any time and without prior notice, to terminate access to the Platform, as well as the provision of any or all of the service presented thereon, for security, control, technical or maintenance reasons, or due to a power failure.
- We specifically disclaim all liability for any actions resulting from your use of the Platform. You may use and access the Platform at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting from your use of and access to the Platform
- We are not responsible for any interruptions in the operation of the Platform or other inconveniences caused by reasons beyond our control, and / or due to fraudulent or negligent actions of Users and / or caused by force majeure.
- We are not responsible for the use by Users of the Platform or its services in a way that violates any national or international regulations, intellectual or industrial property rights or any other rights of third parties. We are also not responsible for any security errors that may be caused by the use of outdated versions of browsers, or for the consequences that may arise as a result of improper use of the browser, be it misconfiguration, the presence of a computer virus or any other reason not related to DreamFlat.
- We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect your computer, IT equipment, data or materials as a result of using the Platform.
- We assume no liability and warranty for the contents of all websites linked to the Platform. This declaration applies to all external links and all further links on the Platform. We are also not liable for the constant availability or full functionality of links to websites or URLs of other operators. If you decide to leave the Platform to visit third party websites or to use or install third party software, you do so at your own risk and from that point onwards these Terms of Use no longer apply to you.
- Under no circumstances we shall be liable for any loss or damage of any kind (including consequential or indirect damage or loss of profit) caused by or in connection with actions of third parties or external resources that pretend to be DreamFlat but are not, including third-party websites copying Content, clone websites.
- DreamFlat is entitled to place advertisements or other marketing-related content at any time at the Platform.
- We regularly check and modify the information on the Platform. Nevertheless, data and information may already have lost their validity. To the extent permitted by effective legislation, liability and warranty for the accuracy and completeness of the published information and data is therefore excluded.
- CLOSING PROVISIONS
- These Terms of Use constitute the entire agreement between you and us as regards the purpose of the same, superseding any previous contracts, agreements or promises made between you and us orally or in writing.
- The use of the Platform shall be governed by the laws of the Emirate of Dubai and the Federal laws of the UAE applicable thereto. In case any disputes or differences arise in connection with the fulfillment of these Terms of Use or are related to the use of the Platform, the User and DreamFlat will make every effort to resolve these by negotiations. Those disputes which are not resolved by negotiations shall be subject to the non-exclusive jurisdiction of the Dubai courts.
- These Terms of Use become binding upon you from the time of your accession and are valid during an indefinite period.
- We may update these Terms of Use at any time to reflect legal, technical, or business changes. You are subject to the Terms of Use and Data Protection Policies in effect at the time you use the Platform. When we update these Terms of Use, we will take reasonable steps to inform you of the importance of the changes. You will find the "last updated" date at the end of these Terms of Use.