TERMS OF USE

Last updated: April 15, 2025

By using Home Design 3D Plan, you agree to the following Terms of Use. Please read these terms carefully as they govern your use of the Home Design 3D Plan website and services.

1. CONTRIBUTIONS

Your Contributions:

• Your Contributions may be used in any manner contemplated by the Site and these Terms of Use.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
• Your Contributions do not violate any applicable law concerning child pornography or any law intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.

Consequences:
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

2. CONTRIBUTION LICENSE

License to Use Your Contributions:
You and the Site agree that we may access, store, process, and use any information and personal data that you provide in accordance with our Privacy Policy and your choices (including settings).

Feedback and Suggestions:
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any lawful purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of your Contributions and any intellectual property rights associated with them. You are solely responsible for your Contributions, and you expressly agree to release us from any and all claims regarding your Contributions.

Submissions:
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to such Submissions and warrant that they are either original with you or that you have the right to submit them. No recourse shall be available against us for any alleged infringement or misappropriation arising from your Submissions.

3. SITE MANAGEMENT

We reserve the right, but are not obligated, to:

• Monitor the Site for violations of these Terms of Use.
• Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use—including reporting such users to law enforcement authorities.
• In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
• Remove from the Site or otherwise disable all files and content that are excessive in size or are otherwise burdensome to our systems.
• Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

4. TERM AND TERMINATION

Duration:
These Terms of Use shall remain in full force and effect while you use the Site.

Right to Terminate:
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION A BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION.

We may terminate your use or participation in the Site or delete any content or information that you posted at any time, without warning, at our sole discretion.

Account Termination:
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or a third party’s name, even if you may be acting on behalf of that third party. We also reserve the right to take appropriate legal action, including pursuing civil, criminal, or injunctive relief.

5. MODIFICATIONS AND INTERRUPTIONS

Content Changes:
We reserve the right to change, modify, or remove the contents of the Site at any time and for any reason, at our sole discretion without notice. We have no obligation to update any information on our Site.

Site Availability:
We may experience hardware, software, or other issues that result in interruptions, delays, or errors. We cannot guarantee that the Site will be available at all times. We reserve the right to modify, discontinue, or suspend the Site or any part of it without notice, and shall not be liable for any loss, damage, or inconvenience caused by any such downtime or discontinuance.

6. GOVERNING LAW

These Terms shall be governed by and defined in accordance with the laws of [Insert Applicable Jurisdiction]. Home Design 3D Plan and you irrevocably consent that the courts of [Insert Jurisdiction] shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

7. DISPUTE RESOLUTION

Binding Arbitration:
Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the rules of the ICAC, which shall be deemed incorporated by reference herein.

• The number of arbitrators shall be [Insert Number].
• The seat (legal place) of arbitration shall be [Insert Location].
• The language of the proceedings shall be [Insert Language].
• The governing law of the contract shall be the substantive law of [Insert Jurisdiction].

Restrictions on Arbitration:

• Any arbitration shall be limited to the dispute between the parties individually.
• No arbitration shall be joined with any other proceeding or conducted on a class-action basis or using class action procedures.
• No dispute shall be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions:

• Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a party.
• Disputes related to theft, piracy, invasion of privacy, or unauthorized use.
• Claims for injunctive relief.

If any portion of the arbitration clause is found to be illegal or unenforceable, that portion shall be excluded, and the remaining terms shall remain in full force and effect.

8. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions (including descriptions, pricing, availability, and other details). We reserve the right to correct any such errors and update the information on the Site at any time without prior notice.

9. DISCLAIMER

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR OF ANY WEBSITES LINKED TO THE SITE, AND WE SHALL NOT BE LIABLE FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES, (2) PERSONAL INJURY OR PROPERTY DAMAGE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION, (5) BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR, OR (6) ANY LOSSES RESULTING FROM YOUR USE OF ANY CONTENT, WHETHER POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY ON OR THROUGH THE SITE.

10. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES) ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE SHALL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR [Insert Alternative Amount].

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Home Design 3D Plan, along with our subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees and expenses) made by any third party arising out of or in connection with:

• Your use of the Site;
• Any breach of these Terms of Use;
• Any breach of your representations and warranties contained herein;
• Your violation of any third-party rights, including intellectual property rights; or
• Any harmful acts against any other user of the Site with whom you connect.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense efforts.

12. USER DATA

We will maintain certain data that you transmit to the Site for managing its performance and tracking your use. Although we perform regular backups, you are solely responsible for any data you transmit or create using the Site. We shall not be liable for any loss or corruption of such data, and you waive any right of action against us for any loss or damage resulting from the loss or corruption of your data.

13. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By visiting the Site, sending us emails, or completing online forms, you consent to receive electronic communications from us.

All agreements, notices, disclosures, and communications provided electronically (via email or on the Site) satisfy any requirement that such communication be in writing.

You agree to use electronic signatures, contracts, orders, and other records, and to receive electronic delivery of notices, policies, and transactional records.

14. MISCELLANEOUS

Entire Agreement:
These Terms of Use and any policies or operating rules posted on the Site constitute the entire agreement between you and Home Design 3D Plan regarding your use of the Site.

No Waiver:
Our failure to enforce any right or provision in these Terms shall not operate as a waiver of such right or provision.

Assignment:
We may assign any or all of our rights and obligations under these Terms to another party at any time without notice to you.

Force Majeure:
We shall not be liable for any loss, delay, or failure to perform due to causes beyond our reasonable control.

Severability:
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision is severable, and the remaining Terms shall remain in full force and effect.

Construction:
These Terms shall not be construed against us by reason of having drafted them.

Electronic Form:
You hereby waive any rights or requirements under any statute, regulation, or law that would require an original signature or non-electronic records.

15. CONTACT INFORMATION

For any questions about these Terms of Use, please contact us at:

Email: support@homedesign3dplan.com

16. GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of [Insert Applicable Jurisdiction]. You and Home Design 3D Plan consent to the exclusive jurisdiction and venue of the courts in [Insert Jurisdiction] for any disputes arising out of or relating to these Terms.

17. DISPUTE RESOLUTION

Binding Arbitration
Any dispute arising from these Terms shall be resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) pursuant to its rules.

Restrictions on Arbitration

• Arbitration is limited to disputes between the Parties individually.
• No disputes shall be arbitrated on a class-action basis.
• No dispute shall be brought in a representative capacity on behalf of the public or others.

Exceptions to Arbitration
Arbitration does not apply to disputes involving intellectual property rights, or claims regarding theft, piracy, invasion of privacy, or unauthorized use, or for injunctive relief. In such cases, disputes shall be decided by a court of competent jurisdiction.

18. UPDATES TO THIS POLICY

We may update this Privacy Policy from time to time. The updated version will indicate a new “Revised” date and will become effective as soon as it is posted. If material changes are made, we may provide a notice on the Site or send you a direct notification. We encourage you to review this Policy frequently to stay informed of how we protect your personal information.