The following terms and conditions (“Terms and Conditions”) govern your access and use of the website https://hildr.io/ and all content therein including ordering any services available through the website made available by HILDR (PTY) LTD (“HILDR” or “we” or “our” or “us”).
By accessing or using the website and/or services, you agree to these Terms and Conditions. You represent and warrant that you are above the age of majority as per the applicable laws to which you are subject and have the capacity and authority to agree to these Terms and Conditions. If you are using the website and/or the services on behalf of an entity or another person, you represent and warrant that you are fully authorized to enter into this Terms and Conditions on behalf of such entity or another person and to bind such entity or another person to the Terms and Conditions set forth herein.
License
Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use and access the website solely to a) view the content on the website, b) view services information, c) downloading or copying any services information, d) posting user content, e) sharing any images available on our website with others but without removing or modifying any of our copyright, intellectual property rights, f) ordering and availing the services, and g) providing any feedback related thereto only, in each case for your personal and non-commercial use.
Ownership Rights
Title, ownership rights, and any all-intellectual property rights including without limitation copyright, patent, services marks, logos, trademarks, in the website, all content therein, and the services shall remain the sole property of HILDR or its suppliers/licensors. Your use of the website or services does not grant you any right or license to reproduce or otherwise use any of the intellectual property rights of HILDR or its suppliers/licensors in the website or services except as expressly stated herein. The website and all content therein and the services are protected by copyright and other intellectual property rights laws as applicable. You acquire no ownership rights in the website or services. We will retain all ownership rights including all intellectual property rights in the website and services.
User Content
If permitted by us, you may post any of your feedback content such as text, images on the website, and when using the website or services you may upload any of your content that includes without limitation any imagery, videos, audio, text, or other similar content (collectively, “user content”) and you grant us a worldwide, non-exclusive, fully paid-up, royalty-free, sub-licensable, transferable, perpetual right to use, copy, reproduce, display, modify, distribute, and otherwise exploit such of user content as you may make available on the website or through the services including using the right to use aggregated and identified user content (meaning the content which has been combined with the content of the other users of our website or services but which does not identify you) even after the termination or expiration of services. Any user content (except any of HILDR content which shall be owned by HILDR) shall be owned by you however any content that we derive from the user content will be owned by us. You expressly waive, to the fullest extent permitted by applicable law any moral rights that you may have in your user content. When you submit any user content you will have the ability to specify whether it is private or public if you specify it is public then all of your user content will be available for viewing by other users of services or anyone who accesses our website however if you specify that your user content is private no one apart from you and us will be able to view your user content.
We may monitor your use of the website and/or services and remove any user content (or other information) that we may reasonably believe is objectionable or where we reasonably believe that you are in breach of these Terms and Conditions without being liable to you for any loss or damage occurring to you therefrom. You are solely responsible for any user content that you submit. You represent and warrant that any user content (including any other information) that you submit through the website and/or services is truthful, accurate, valid and that you have the necessary and valid rights from appropriate persons or authorities to submit the user content (or any other information) to us and that such user content does not infringe any third party’s intellectual property rights and/or privacy rights.
Third-Party Components
Any of the services that we provide may include any third-party components or services. Your access and use of such third-party components included in the services are subject to your compliance with such third-party license terms. We are not responsible for any such third-party terms and conditions.
Restrictions
The rights granted to you for use of the website and services is subject to the following restrictions:
- You shall not misrepresent your identity or affiliation when using the website and services;
- You shall not collect information about other users of the website and services;
- You shall not copy, decompile, reverse engineer, disassemble, modify, prepare derivative works, distribute, sell, transfer, or otherwise exploit the website and services;
- You shall not remove or infringe any proprietary notices from the website and the services;
- You shall not upload any user content that is obscene, threatening, harassing, invasive, discriminatory, unlawful, illegal, immoral, spam, or harmful to our interests or interests of any other person;
- You shall not upload any user content that is infringing any intellectual property rights or privacy rights of any person;
- You shall not transmit or introduce any kind of virus or any malware or harmful codes in the website and services
- You shall not use the website and services in contravention of any applicable laws;
- You shall not use the website and services in any way not permitted or authorized by the Terms and Conditions;
- You shall not use the website and services to cause nuisance, annoyance, harm, or inconvenience to anyone;
- You shall not circumvent, disable or otherwise interfere with any features of the website and services;
- You shall not use the website and services to advertise or solicit the sale or distribution of any of your products unless you have obtained prior written consent from us;
- You shall not use the services through any technology or means other than through our website or as otherwise explicitly authorized by us;
- You shall not allow any other person to use your account related to the services unless prior consent is obtained from us.
Third-Party Links
If the website contains any third-party website links, we are not responsible or liable for these websites including their content. Your access and use of such websites are at your own risk.
Personal Information
Your personal information submitted to us will be processed by us following our privacy policy.
Our Services
We provide products and services in the form of creating virtual spaces in 3D and VR, making digital copies, professional photography, drone capture of high quality in video and photo format, creating amazing promo-trailers, property walkthroughs and interactive environments, 360 capture, LiDAR object scanning, LiDAR schematics and 3D scanning (collectively “services”). The details of all such services including the pricing information are displayed on the website. If you intend to order any services from us, you will have to place your order by accessing the website. You will always provide us with your accurate, complete, and true contact details and also notify us in writing of any changes thereto.
The subscription term if applicable for any services will be so specified on the website. Unless otherwise stated the subscription term will automatically renew at the end of each subscription term. You will use the services following the documentation if any provided by us. If some other person or entity is using the website or services on behalf of you, you will ensure that the said person or entity complies with these Terms and Conditions; any breach by such other person or entity of these Terms and Conditions will be considered as a breach by you. You are solely responsible for ensuring the security of your account concerning the services and you will immediately notify us if you are aware of any actual or suspected breach thereto.
We will make commercially reasonable efforts to provide you maintenance and technical support concerning the services provided such support is available in your subscription plan; our support timings are from Monday to Friday 9:00 AM to 5:00 PM Norway Time.
Services-related pricing will be displayed on the website. All such prices are exclusive of any taxes unless stated otherwise. We reserve the right to change, substitute, or discontinue at any time any services including the pricing and description of services without notice but if you purchased any services from us we will provide you with a notice related to any change in pricing that applies to you. We accept payment by the methods as stated on the website or during checkout. Unless otherwise specified all fees are payable within 7 days of the purchase of the services. For any late payments, we will impose a late interest charge of 1.5% per month or the maximum as permitted by applicable law. If you use additional services or any add-on facilities than you signed up for originally, we reserve the right to charge you the additional usage charges.
We reserve the right without prior notice:
- to limit the sales of our services in certain geographies, or to any person.
- to impose limits on the maximum or minimum quantities of services that you can order
We do not provide our services to entities or persons based in Mozambique and other sanctioned countries.
Additional Terms
You may be subject to any additional terms regarding the availing and/or usage of any specific services, specific products from us such as any camera or any software application (“additional facilities”), and if any such terms are applicable you will be directed to read and agree to such terms which will be in addition to these Terms and Conditions to which you will be bound (“additional terms”). You will only be able to avail such additional facilities upon agreeing and acknowledging the additional terms.
Changes
We may at our sole discretion, make any changes to the website or functionality of services we deem necessary without any notification to you.
Termination
We may without prior notice discontinue your use of the website and/or services or suspend the same with or without notice for reasons including but not limited to your breach of any provisions in the Terms and Conditions or as required by law or you are failing to pay any amount due concerning the services purchased by you. Upon any such termination, you will immediately destroy any material obtained from our services including copies thereof, and confirm the same to us in writing. Notwithstanding the termination, you will be liable for any of your payment obligations due hereunder.
Warranty
TO THE EXTENT MAXIMUM PERMITTED BY APPLICABLE LAW, HILDR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, OR NON-INFRINGEMENT, OF ANY KIND RELATED TO THE WEBSITE OR THE SERVICES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES OR LOSS OR CLAIMS ARISING FROM YOUR USE OR NON-USE OF THE WEBSITE AND SERVICES. WE DO NOT WARRANT THAT THE WEBSITE AND SERVICES WILL BE ERROR-FREE OR VIRUS-FREE OR BUG-FREE OR UNINTERRUPTED OR SECURE OR THAT THE WEBSITE OR SERVICES WILL OPERATE PROPERLY OR THAT IT WILL BE SUITABLE TO YOUR NEEDS. WE DO NOT ENDORSE ANY THIRD PARTY LISTED ON OUR WEBSITE OR ANY THIRD-PARTY COMPONENTS USED IN THE SERVICES. YOU ASSUME THE SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE SERVICES AND WEBSITE AND ANY RELIANCE ON ANY THIRD-PARTY COMPONENTS USED IN THE SERVICES. THE WEBSITE AND ALL CONTENT THEREIN ARE FOR INFORMATIONAL PURPOSES ONLY. WE DO NOT PROVIDE ANY WARRANTY THAT THE CONTENT IS COMPLETE, ACCURATE, ADEQUATE, TRUTHFUL, USEFUL, OR RELIABLE. THE INFORMATION RELATED TO PRICING, DESCRIPTION, OFFERS, AVAILABILITY MAY CONTAIN ERRORS, INACCURACIES, AND OMISSIONS. ANY RELIANCE ON THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR OWN RISK. WE DO NOT PROVIDE ANY WARRANTY FOR SERVICES THAT WE DO NOT DEVELOP. WE DO NOT WARRANT THAT THE SERVICES WILL BE COMPATIBLE WITH YOUR SYSTEMS OR SOFTWARE. WE DO NOT PROVIDE ANY WARRANTY THAT OUR SERVICES MAY BE AVAILABLE AT YOUR LOCATION OR APPROPRIATE AT YOUR LOCATION. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY LAWS (INCLUDING ANY EXPORT CONTROL LAWS) WITH ANY USE OF THE SERVICES AND WE DO NOT PROVIDE ANY ADVICE ON THIS MATTER.
Indemnification
You agree to defend, indemnify, and hold HILDR, its affiliates, officers, directors, employees, agents, suppliers, contractors, licensors, partners, distributors harmless from and against any claims, damages, liabilities, including without limitation, reasonable attorney fees, resulting from or arising from, your use of the website and/or services or your breach of any provisions in these Terms and Conditions or your provision of user content (or any other information). You hold harmless and waive and release us, our affiliates, officers, directors, employees, agents, suppliers, contractors, licensors partners, distributors, from any form of claims, injury, losses, expenses, or damages of any kind resulting from or arising from the use of the services by you including any damages caused to a third party.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE, HILDR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, LICENSORS, PARTNERS, DISTRIBUTORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, RELATING TO OR ARISING FROM THESE TERMS AND CONDITIONS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HILDR FOR ALL CLAIMS RELATED TO THESE TERMS AND CONDITIONS EXCEED THE TOTAL AMOUNT RECEIVED BY HILDR FROM YOU FOR THE LAST THREE (3) MONTHS PRECEDING THE DATE OF CLAIM.
DMCA
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides a remedy to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content hosted or distributed by us infringes your copyright, you may send us a notice requesting that we remove or restrict the infringing content.
Your notice shall include the following aspects:
- A description of the material that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our website;
- Your name, address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law;
- A statement that the information in the notice is accurate and is given under penalty of perjury, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Your electronic or physical signature
If you believe in good faith that a notice of copyright infringement has been wrongly instituted against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must satisfy the applicable legal requirements of DMCA. See http://www.copyright.gov for more information.
All notices and counternotices under the DMCA, as well as all other notices, addressed to us regarding these Terms and Conditions shall be sent to:
HILDR (PTY) LTD
Nannestadgata 4 – 0253 Oslo Norway
Or
27 Somerset Rd, De Waterkant
Governing Law
These Terms and Conditions are governed by the laws of South Africa without reference to conflict of laws principles.
Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of three arbitrators in Johannesburg, South Africa, following the rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed per the said Rules. Where consistent with applicable law, the arbitrators shall have the authority to order the non-prevailing party to pay the prevailing party’s attorney’s fees and all costs of the arbitration. The award of the arbitrator shall be final and judgment on the arbitration award may be entered into any competent court having jurisdiction thereof. Nothing in this Agreement shall be deemed as preventing HILDR from seeking any injunctive relief from any court of competent jurisdiction.
Assignment
We may assign, transfer, or subcontract our rights and/or obligations to any person/entity without your consent. You shall not assign, transfer, or subcontract any of your rights and/or obligations herein without our prior written consent.
Force Majeure
We are not responsible or liable for any delays or failures in performance from any cause beyond our control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, lockdowns, fire, earthquakes, acts of third parties or epidemics.
Entire Agreement
These Terms and Conditions constitute the entire agreement between HILDR and you as to the subject matter stated herein.
Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.
No Third-Party Beneficiaries
Nothing in this Terms and Conditions will provide or accrue any benefit to any third party or entitle any third party to any claim, cause of action, remedy, or right of any kind.
Waiver
Any waiver or failure to enforce any provision of the Terms and Conditions on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
Successors
These Terms and Conditions bind and benefit the parties and their respective permitted successors and assigns.
Relationship
Your use of the website or your ordering or use of any services from us shall not make you an employee or agent or partner or joint venturer of HILDR.
Class Action Waiver
You agree that in the event you have or may have any alleged claim against us, you shall pursue such claim only on an individual basis, and not as a plaintiff or class member in any purported class or representative action.
Survival
All provisions which by their nature should survive shall survive the termination of these Terms and Conditions.
Changes to the Terms and Conditions
We may modify these Terms and Conditions at any time. Please regularly check the website for the latest version. To the extent permitted by applicable law, your access/use of the website and/or services constitutes your acceptance of the modifications.
Our contact details.
Business Name: HILDR (PTY) LTD
Address Norway: Nannestadgata 4 – 0253 Oslo
Address South Africa: 27 Somerset Rd, De Waterkant
Email: info@hildr.io
Phone Norway: + (47) 404 56 650
Phone South Africa: (27) 828 455 906
February 2022