Eisfeld Engineering, UAB

Terms and conditions

2024-06-12

  1. Definitions
    1. “Account” means the result of the Buyer's registration process, where a personal account is created, where the Buyer's data is stored.
    2. “Agreement” means the distance agreement for the sale of Results between the Buyer and the Seller in accordance with the procedure set out in the Terms and the Website.
    3. “AI solution” means the AI solution belonging to the Seller which the Buyer uses to create Results in accordance with the procedures set out in the Terms and the Website. AI solution supports projects with precast column, walls, beams, slabs and stairs and has the ability to create a 3D reinforcement model out of a 3D formwork model. During this process AI solution will take into account: the design calculations, building design standards, and detailers technical experience. All IP Rights in the AI solution belong exclusively to the Seller.
    4. “Buyer” means a natural or legal person who uses the Website and purchases the Results. By using the Website and purchasing the Results, the Buyer confirms that the Buyer is purchasing the Results for the purposes of his/her business, trade, craft or profession (not for consumer purposes), i.e. the Buyer is not a consumer.
    5. “IP Rights” means rights in patents, inventions, trade secrets and other rights in know-how (including any extension or renewal), copyrights, related rights, rights conferring equivalent copyright protection, rights in database, software, source code, access data, registered designs, unregistered design rights, industrial designs and utility models, trademarks, trade names, logos, slogans and marks that are not registered, domain names, business names and all registrations or applications for registration of any of the above in any country or jurisdiction.
    6. “Parties” mean the Buyer and the Seller together.
    7. “Party” means the Buyer or the Seller.
    8. “Privacy Policy” means the privacy policy that can be found at https://www.engineerai.eu/privacy_policy.
    9. “Results” means the results generated by the Buyer's use of the AI solution in accordance with the procedures set out in the Terms and the Website.
    10. “Seller” means Eisfeld Engineering, UAB, legal entity code 305439680, registered office at 29 Saltoniškių St., Vilnius, the Republic of Lithuania, e-mail – vilnius-eisfeld@e3p.de. Data about the Seller shall be collected and stored in the Register of Legal Entities.
    11. “Terms” means these general terms and conditions for the use of the Website and/or for the purchase of Results.
    12. “Third Party" means any natural or legal person who is not the Party to the Agreement.
    13. “Website” means the website located at www.engineerai.eu and operated by the Seller.
  2. Application
    1. These Terms apply when the Buyer visits the Website and/or purchases the Results. These Terms shall be deemed to be a legally binding agreement between the Seller and the Buyer.
    2. By accepting these Terms and/or by purchasing the Results, the Buyer confirms that the Buyer has read these Terms in detail, agrees to their terms, conditions, and undertakes to abide by them in the use of the Website and the purchase of the Results.
    3. By purchasing the Results, the Buyer also confirms that the Buyer has read and familiarized themselves with the Privacy Policy.
    4. If the Buyer does not agree to these Terms, the Buyer should not use the Website and/or purchase the Result.
    5. The Seller assumes no risk or liability if the Buyer has not read these Terms in whole or in part, even if given the opportunity to do so.
  3. Account
    1. The Buyer may only purchase Results after creating an Account.
    2. The Buyer is responsible for the security of the Account password. Any actions performed on the Buyer's Account will be deemed by the Seller to be the actions of the Buyer. The Seller shall not be held liable for any loss or damage resulting from the Buyer's failure to comply with the obligations set out in this section of these Terms.
    3. The Buyer undertakes to inform the Seller immediately if they become aware of any unauthorized access to the Buyer's Account.
    4. The Buyer has the right to delete his Account at any time.
    5. The Account shall be automatically removed if the Buyer has not logged in for (two) 2 years since the last login.
    6. The Buyer understands and agrees that the Buyer does not have ownership rights to the Account. The Seller has the right to cancel, delete or block the Buyer's Account and delete all content associated with the Account at any time and without prior notice if the Seller believes that the Buyer has violated these Terms and/or applicable legislation. After the actions referred to in this clause have been taken, the Buyer will be informed of them by the e-mail address specified in the Account.
  4. Results
    1. Results are created by uploading the data, materials and other information specified on the Website into the AI solution in accordance with the procedures set out on the Website.
    2. The Buyer expressly understands that the data and information uploaded to the AI solution for the generation of the Results may be used for the improvement, development and learning of the Seller's AI solution.
  5. Conclusion of agreement
    1. 5.1. Once the Buyer has completed all the steps in ordering the Results, the last of which is payment for the Results, the Buyer and the Seller shall be deemed to have entered into a sale and purchase relationship and to have entered into an Agreement.
  6. Rights and obligations of the buyer
    1. The Buyer has the right to use the Website and/or purchase the Results in accordance with these Terms.
    2. The Buyer has the right to use the AI solution in accordance with these Terms.
    3. The Buyer undertakes:
      1. to use the Website and/or purchase the Results in good faith, without violating these Terms and applicable legislation;
      2. not to use the Website for any purpose that is unlawful or prohibited by these Terms or that could cause damage to the Seller or Third Parties;
      3. not infringe the IP Rights of the Seller and/or Third Parties;
      4. not to attempt in any way to disrupt the operation of the AI solution, or to clarify the principles of their operation;
      5. to provide only correct data when purchasing the Results. The Seller shall not be liable for any damage caused to the Buyer and/or Third Parties if the Buyer provides inaccurate, incorrect, incomplete data in the Account, or does not promptly correct the changed data;
      6. not to disclose Account login details to Third Parties. If the Buyer loses login details, the Buyer must immediately inform the Seller;
      7. not to use the identity of a Third Party, create Accounts in the name of non-existent persons and/or publish any personal information related to a Third Party;
      8. to pay for the Results in accordance with these Terms;
      9. not to take any action aimed at misappropriating information or data belonging to the Seller or to Third Parties, or at affecting the operation and technical functions of the Website;
      10. not to take any action that unreasonably or disproportionately burdens the operation of the Website;
      11. not to use any device, software or procedure that interferes with or attempts to interfere with the proper operation of the Website;
      12. not to upload any information, content containing viruses, corrupted files or other similar software or programs that may adversely affect the Website or its functionality using the AI solution;
      13. not engage in prohibited mass extraction of information through various automated means and methods, thereby collecting personal information, or use any prohibited means of gathering information;
      14. not to take any action that violates or threatens the security of the Website;
      15. to comply with any other obligations set out in these Terms and applicable legislation.
  7. Rights and obligations of the seller
    1. The Seller has the right:
      1. to indefinitely block or cancel the Buyer's Account without prior notice to the Buyer if it becomes aware that the Buyer is in breach of the obligations set out in Clause 6.3 of these Terms. The Seller's decision to block and/or cancel the Account depends on the extent and duration of the breach and whether the breach is of substantial importance to the Seller's business. In the event that the Buyer's Account is blocked or cancelled, the Buyer will be notified by the email address specified in the Account;
      2. permanently discontinue the operation of the Website without prior notice to the Buyer.
    2. 7.2. The Seller undertakes:
      1. 7.2.1. to respect the privacy of the Buyer and to process the Buyer's personal data only in accordance with these Terms, the Privacy Policy and the applicable legislation;
      2. 7.2.2. to comply with any other obligations set out in these Terms and applicable legislation.
  8. Payment for the results
    1. The price applicable to the Results shall be the price indicated on the Website.
    2. The prices of the Results, including the then applicable rate of value added tax (VAT) and other taxes, if any, shall be given in Euro.
    3. The Buyer may pay for the Results by the methods specified at the time of checkout.
    4. The Buyer's credit card information is not stored by the Seller, so the entire payment process is completely safe and secure.
  9. IP rights
    1. AI solution, all content of the Website, including all texts, graphics, images, photographs, any footage or visual material/recordings, trademarks, logos, other visual signs, illustrations, graphic design of the Website, software code and/or individual parts of all of the above mentioned objects, domains, etc. (hereinafter referred to as the “Seller’s Content”), is the Seller's or a Third Party’s intellectual property, which is protected by the laws of the Republic of Lithuania and the international legal acts regulating the IP Rights.
    2. The Buyer understands that by using the Website and/or AI solution, the Buyer does not acquire any rights to the Seller’s Content and may only use the Seller’s Content in accordance with these Terms. The Buyer may use the Seller's Content without the consent of the Seller or a Third Party holding the relevant IP Rights for personal and informational purposes only i.e., the Seller’s Content may not, including but not limited to, be published, sold, rented, copied, displayed, modified, reproduced or used in any other way, except with the prior written consent of the Seller.
    3. The Buyer who infringes the Seller's or Third Parties' IP Rights shall be liable to compensate for damages resulting from such infringement.
  10. Liability
    1. The Parties shall be liable for non-performance of their obligations under these Terms in accordance with the procedures set out in these Terms and/or in accordance with the applicable legislation.
    2. The Seller's liability shall be limited to direct damages and the amount paid by the Buyer to the Seller for the Results in accordance with these Terms.
    3. The Buyer expressly understands that the Seller is not and will not be held liable in any way for the Results, the consequences of the use of the Results, etc. The Buyer shall use the AI solutions solely at its own risk and responsibility. No warranties are made to the Buyer, i.e. the AI solutions are provided as is and the Results are created as created.
    4. The Seller shall be exempted from any liability in cases where the Buyer suffers losses because of the Buyer's failure to read these Terms, the Privacy Policy and/or other information provided on the Website.
    5. The Seller does not guarantee and is not responsible for the uninterrupted operation of the Website. The Buyer acknowledges that the Seller is not responsible for the internet access services.
    6. The Seller does not warrant that the Results will meet the Buyer's expectations.
    7. The Parties shall not be liable for partial or total non-performance of their obligations if they prove that the non-performance is due to force majeure circumstances. Force majeure circumstances shall be understood as defined in the applicable legislation.
  11. Amendment of terms
    1. The Seller shall have the right to change, amend or supplement these Terms at any time. Unless otherwise provided, the Buyer shall be informed of any changes to the Terms on the Website and the changes to the Terms shall become effective immediately upon their publication on the Website. If the Buyer does not agree to the new Terms, the Buyer should no longer use the Website and/or should not purchase the Results.
    2. The current and valid version of the Terms is always available on the Website. The version of the Terms in force at the time of purchase shall apply to the specific purchase of Results.
  12. Applicable law and dispute resolution
    1. These Terms and/or the purchase of the Results shall be governed by the law of the Republic of Lithuania unless otherwise provided by applicable legislation.
    2. Any disputes arising out of these Terms shall be settled and referred to the competent courts of the Republic of Lithuania according to the address of the registered office of the Seller.
  13. Final provision
    1. The Website may contain hyperlinks to other websites and content controlled by Third Parties. The Buyer understands and agrees that the Seller shall not accept any responsibility for the content of Third Parties. A hyperlink from the Website to the content of Third Parties does not imply that the Seller endorses or is responsible for such content. The Buyer is solely responsible for their use of the content of Third Parties and does so at their own risk. The Seller makes no guarantees or statements whatsoever with respect to the content of Third Parties. The Buyer understands that any information that can be accessed through hyperlinks to other websites is the sole responsibility of the Third Party who provided that content.