Terms of Use
PLEASE READ THESE WEBSITES TERMS OF USE CAREFULLY BEFORE BROWSING, DOWNLOADING, OR USING ANY INFORMATION, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR ANY OTHER MATERIALS ON THE WEBSITE LOCATED AT HTTPS://CONSTRUCTO.ONLINE/ OR ANY OTHER SITE OWNED OR OPERATED BY CONSTRUCTO, INC. BY ACCESSING ANY PART OF THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND THAT YOU AGREE TO BE LEGALLY BOUND THEM WITHOUT EXCEPTION. IF YOU ARE ACCESSING THE SITES ON BEHALF OF ANY OTHER PERSON, COMPANY OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT THIRD-PARTY TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, INCLUDING ANY MODIFICATION HEREOF, THEN YOU MAY NOT ACCESS ANY PART OF THE SITES.
- For the purpose of these Terms of Use, all capitalized terms shall have the following meanings:
“Applicable Law” means the laws, regulations, and rules of the governmental or regulatory authorities that apply to the User or Constructo.
“Cookie Statement” means Constructo’s policy regarding the use and User options for cookies while using the Sites or Services, available at https://constructo.online/cookies and incorporated herein.
“Content” means any information, data, text, images, video, audio or any other materials available from Sites, including free quotes or other project information.
“Intellectual Property” means all rights to and in, or otherwise relating to the Constructo brand, Sites, Content, products, services and other content, including but not limited to any current or pending patents, copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other texts, or graphics related to the Sites, Content, products, services and other content, as well as the text, graphics, programming, photographs, video and audio contained therein.
“Constructo” means Constructo, Inc., together with its parents, subsidiaries, affiliates and assigns, which owns all rights to and in the Sites. The terms “we,” “us” and “our” as used in these Terms refer to Constructo.
“Privacy Policy” means Constructo’s policy regarding the collection, protection and use of certain User data through the Sites, available at https://constructo.online/privacy and incorporated herein.
“Platform Services Agreement” means the agreement that governs, in addition to these Terms and the Privacy Policy, access and use of the Services through the Sites.
“User Content” means any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, reviews, communication, data, content, descriptions, general project information, location information, or materials transmitted, posted, uploaded or otherwise shared by a User when accessing or using the Sites.
“User” means the person accessing the Sites, including any other person, entity or company that the person is accessing the Sites on behalf of. The terms “you,” and “your” as used in these Terms refer to the User.
“Website Terms of Use” or “Terms” means the terms and conditions governing access and use of the Sites, including these Terms, the Cookie Statement and the Privacy Policy, and any changes, additions or modifications made to any such Terms.
“Sites” means the websites located at https://constructo.online/ as well as all other applications, platforms, and social media profiles owned or operated by Constructo, including any respective mobile applications, together with the Content contained in, or otherwise made accessible through, the Sites.
“Services” means the design services for the preparation of drawings, 3D renders, and 3D models for residential remodeling and construction projects we offer for purchaser through the Sites, and governed by these Terms, the Privacy Policy and the Platform Services Agreement, which you must agree to prior to purchasing or using the Services. - General Use.
Overview and Binding Effect. By accessing the Sites you agree to be bound by these Terms and any modification that we may make to the Terms from time to time.
Eligibility. You confirm that you are an individual that is at least of majority age or older in the jurisdiction from which you are accessing the Sites, and have the capacity to agree to be legally bound by these Terms.
Modifications to Sites and Terms. We may change these Terms, including the modification, addition or deletion of any provision or condition at any time, with or without notice to the User. Any such changes shall take effect immediately when posted on the Constructo website. Your use of the Sites after such posting shall be deemed to constitute acceptance of such modifications, additions or deletions. It is your responsibility to check the Sites to ensure you have read and understand the current Terms. We may also change or discontinue any aspect of the Sites, Content, product or service at any time, without or without notifying you, and explicitly disclaim any liability for any such change.
Free Quotes. We may offer free quotes for the Services through the Sites. Free quotes are based on the basic information you provide and are subject to change. Quotes are non-binding and valid for five (5) days unless otherwise specified. All quotes and prices for Services may be changed without notice.
Platform Services. If you choose to purchase the Services through the Sites, you must agree to the Platform Services Agreement, available at https://constructo.online/platformagreement. Your use of the Sites and Services will be governed by these Terms, the Privacy Policy, as well as the Platform Services Agreement. - Access Limitations.
Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license, to access and view the Sites and any Content to which you are permitted access, solely for your personal and noncommercial purposes and you may not reproduce, publish, transmit, distribute, display, perform, exhibit, modify, use to create derivative works, sell, resell or use in any sale, or exploit for in any way, in whole or in part, without our prior written consent. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property rights owned or controlled by us or our licensors, except for the limited licenses and permissions expressly granted in these Terms.
User Guidelines. When accessing the Sites, you agree (a) not to interfere with or disrupt the Sites or the servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected or otherwise related to the Sites; (b) not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Sites or Content; (c) not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; and (d) not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Sites or transmitting private information about a third party.
Contact Information. You may provide us with basic information such as your name, company information, telephone number, e-mail, and additional information about your project or inquiries about the Services by contacting us through the Sites. All such contact information shall be governed by our Privacy Policy.
Applicable Laws. Use of the Sites may be subject to the laws, regulations, and rules of governmental or regulatory authorities in your or our jurisdiction. By agreeing to these Terms, you agree to act in compliance with and be legally bound by any and all Applicable Law.
Right to Deny Access. You have no inherent right to access the Sites. We reserve the right to refuse access to the Sites by any User for any reason and at any time. - User Content.
Limited License. Other than certain personally identifiable information and other data that is subject to specific protections in our Privacy Policy, User Content will be considered non-confidential and non-proprietary. By submitting or making available any User Content through or on the Sites, including any written or verbal communications with us regarding our Sites, Content, services, or products, you hereby grant to Constructo a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content to promote or market our Sites, Content, or any other products or services. Constructo does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You understand and agree that, unless otherwise provided in these Terms or the Privacy Policy, we shall be under no obligation (a) to maintain any User Content in confidence; (b) to pay compensation for any User Content; or (c) respond to any specific requests or use any User Content.
Warranty Regarding User Content. You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content, or you have all rights, licenses, consents and releases that are necessary to grant to Constructo the rights in such User Content as contemplated under these Terms; (b) the User Content does not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of property, publicity or privacy, or result in the violation of any Applicable Law; (c) the User Content contains no information or claims you know to be false, misleading or inaccurate; (d) the User Content contains no blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; and (e) the User Content does not advocate, instruct, or intend to incite dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them, advocate or incite violent behavior, or poses a reasonable threat to personal or public safety.
Prohibited Conduct. In addition to other prohibitions as set forth in these Terms, you are prohibited from transmitting any User Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any Applicable Law; (d) to infringe upon or violate our Intellectual Property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Sites, Content, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (j) to interfere with or circumvent the security features of the Sites or any related applications or services, other websites, or the internet.
Ownership. All User Content or other content, including product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted in these Terms.
We take no responsibility and assume no liability for any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content. We may, but have no obligation to, monitor, edit or remove User Content that may be posted to the Sites or other forums regarding the Sites, Content or any other Constructo product or service that we determine in our sole discretion violate these Terms or is otherwise objectionable.
End User Data. To the extent that Constructo processes any personal information of User’s end users or employees in connection with the use of the Sites, Constructo acts as a service provider (or processor), and User is fully responsible for ensuring that it complies with all notice and transparency requirements under applicable laws. To the extent that such end user or employee wishes to exercise their data protection rights with respect to such personal information, User shall be fully responsible; provided that Constructo will promptly forward to User any such requests and shall reasonably assist User in fulfilling its obligations with respect thereto. - Constructo Intellectual Property.
Affirmation of Rights. Unless otherwise indicated by us, all Intellectual Property is the property of Constructo or our licensors or suppliers, and is protected by applicable intellectual property laws. Your use of the Sites does not grant you any rights or licenses relating to the Intellectual Property except as may be otherwise expressly provided for in the Terms. Any unauthorized use of any such information or materials may violate patent laws, copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, and we reserve the right to seek all remedies available by law and in equity for any such unauthorized use.
Reservation of Rights. You acknowledge that any other use of the Sites or Content from the Sites is strictly prohibited and you agree not to infringe or enable others to infringe our Intellectual Property rights. You further agree to retain all copyrighted and other proprietary notices contained in the material provided via the Sites on any copy you make of the Content, but failing to do so shall not prejudice any intellectual property rights therein. Any rights not expressly granted herein to use the Content contained on or through the Sites are reserved by Constructo in full. - Third Party Tools and Links.
As Is. We may provide you with access to third-party tools through the Sites which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind, and without any endorsement with respect to their use.
Third-Party Content. Certain Content may include materials from third parties, or links that direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the quality or accuracy of any third-party materials or websites, and we do not warrant and will not have any liability or responsibility for any such materials, products, or services of third-parties.
Express Disclaimer. We shall have no liability whatsoever arising from or relating to the use of third-party links or tools. Any use of third-party tools or links offered through the Sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which those tools or links are provided by the relevant third-party provider(s). We are not liable for any harm or damages related to the purchase of any course, product, services, resources, content, or any other transactions made in connection with any third-party tools, links, websites, services or products. Complaints, claims, concerns, or questions regarding third-party tools, links and materials should be directed to the relevant third-party provider(s). - Errors.
Occasionally there may be Content that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or modify, discontinue, or cancel any products or Services offered, including prices and quotes, at any time with or without prior notice. We undertake no obligation to update, amend or clarify Content or the Sites. - Disclaimers.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT ANY CONTENT, INCLUDING ANY INFORMATION ON PRODUCTS OR OTHER SERVICES WILL MEET YOUR EXPECTATIONS OR THE DESCRIPTIONS ON THE SITES, NOR THAT ANY CONTENT IS ACCURATE OR RELIABLE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
THE SITES AND CONTENT IS PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. - Indemnification.
You agree to indemnify and hold harmless Constructo, its affiliates, subsidiaries, directors, managers, members, officers, and employees from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to (a) your use of the Sites, including your transmission of User Content; (b) breach of these Terms; (c) your violation of any third party right, including without limitation any Intellectual Property right or privacy right. This indemnity shall apply to your successors and assigns and shall survive any modification or termination these Terms or the Sites. Any and all of our indemnities, warranties, and limitations of liability (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth herein. - Limitations on Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL CONSTRUCTO, OR ANY FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF ACCESS OR USE OF THE SITES, INCLUDING ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SITES OR CONTENT. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF CONSTRUCTO OR ANY FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT CONSTRUCTO OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN THE EVENT THAT YOU ARE DISSATISFIED WITH THE SITES OR CONTENT, YOU ACKNOWLEDGE THAT CONSTRUCTO HAS MADE NO REPRESENTATIONS AND ISSUED NO WARRANTIES WITH RESPECT TO SUCH SITES OR CONTENT, AND THAT IF ANY OF THE FOREGOING LIMITATIONS IN THESE TERMS OF USE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, YOU AGREE THAT CONSTRUCTO’S TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE SITES OR CONTENT, (REGARDLESS OF THE BASIS FOR THE ACTION) SHALL NOT EXCEED $100. - No Disparagement.
Parties promise not to directly or indirectly, whether in public or private, make, publish, encourage, ratify, or authorize; or assist or enable any other person or entity in making, authorizing, ratifying, or publishing; any statements, whether written or oral, that in any way defame, criticize, malign, impugn, reflect negatively on, or disparage the other Party, or any of its clients, partners, affiliates, providers, or any of their respective employees, contractors, clients, partners, affiliates, or providers, or any of their respective past and present, partners, members, officers, directors, as well as any products or services (together “Protected Parties and Services”), or cast any of the Protected Parties and Services in a negative light in any manner whatsoever, whether or not any such statement may allegedly be based in truth. Parties also promise not to publicly negatively comment upon or discuss, or assist or permit any other person or entity to negatively publicly comment upon or discuss, the Protected Parties and Services, in any media source or outlet, including but not limited to or with any reporters, bloggers, weblogs, websites, newspapers, magazines, television stations or productions, radio stations, news organizations, news outlets, or publications, or in any movie, book, theatrical production, or social media, including social media, including but not limited to, Twitter, Facebook (Meta), Instagram, Tik Tok, Reddit, or Linked In, or on any review site such Yelp or any other. This Section shall only be limited by applicable law and shall not apply with respect to any truthful statement required by law, legal process or by any court, arbitrator, mediator or administrative or legislative body (including any committee thereof) with jurisdiction over the Parties. - Governing Law.
Any and all disputes, claims and controversies arising out of or in connection with these Terms or your access to, your use of the Sites or Content shall be governed by and construed exclusively in accordance with the laws of the State of Delaware without giving effect to its conflict of laws provisions. - Miscellaneous
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use our Sites. If in our sole judgment you fail, or we suspect that you have failed, to comply with these Terms, we may terminate these Terms as they apply to you, and you will remain liable for all actions or omissions taken prior to that termination date. These Terms, including the Privacy Policy and Cookie Statement constitute the entire agreement between you and us with respect to the basic access and use of the Sites, provided however, if you request a free trial or decide to purchase the Service through the Sites, you will be asked to agree to additional terms, including the Platform Services Agreement, which shall be read in conjunction with these Terms. The provisions of these Terms are for the benefit of the Constructo, its affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these terms is found by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these terms will remain binding. The section headings used herein are for convenience only and shall not be given any legal import. - Contact.
Questions about the Terms of Use should be sent to us at legal@constructo.online, or by mail to Constructo, Inc., at Constructo, Inc., 910 Campisi Way, Ste. 2C, Campbell, CA 95008.