General Terms and Conditions for the Provision of an Online Service to Entrepreneurs (B2B)

CEA Design GmbH (CEAD)

1. Scope of application

In accordance with these General Terms and Conditions, we enable the customer to use our online software LASSIFY. These terms and conditions govern the ordering and use of our services. Deviating conditions of the customer do not apply unless we have agreed to their validity in writing.

2. Scope of services

2.1 With the online software LASSIFY we provide the customer with fully automatic, cloud-based 3D point cloud interpretation software.

2.2 Our service includes an Artificial Intelligence based LiDAR-point-cloud classification service on point clouds (las-files) provided and uploaded by the customer.

3. Registration

3.1 The use of our online database is only possible after personal registration and creation of a user account. Customers can be physical and legal persons.

3.2 After entering his data and clicking on the button "Signup", the customer will receive an e-mail with a confirmation link to the address provided.

4. Conditions of use and obligations of the customer

4.1 The minimum requirements for the use of the online database LASSIFY are defined on our website. The customer is responsible for compliance with these requirements.

4.2 The customer is obliged to provide true and complete information in the course of registration and to keep his data up-to-date at all times. We reserve the right to check his information.

4.3 He must treat the access data received from us (login, password) confidentially and protect them from access by unauthorized persons. The transfer of access data to third parties is not permitted. Should the customer suspect misuse by third parties, he must inform us immediately.

4.4 The customer undertakes to properly maintain his end devices and to protect them from computer viruses and other malicious programs according to the state of the art.

4.5 The customer may only use the services offered by us as intended and must refrain from anything that could impair the availability of our services for other customers.

5. Prices and terms of payment

5.1 The customer has the possibility to preview the processed data prior payment of the data ready for download.

5.2 The amount of the usage fee depends on the respective ordered usage package as defined on our website. The amounts stated at the time of creating the individual “Project” shall apply.

5.3 The payment methods we accept are listed on the "Billing" subpage. There the customer will find all details on the associated terms of payment and any fees.

5.4 In the event of default, we are entitled to claim statutory default interest and to restrict or completely block access to our services until the arrears have been compensated.

6. Warranty and liability

6.1 Having a preview option in service, we do not take any warranty and liability of the downloaded data. The customer must notify all defects during the creation of a “Project” in writing immediately, at the latest within two working days.

6.2 The customer acknowledges that the availability of our services depends on the functioning of the Internet and its infrastructure, over which we have no influence for the most part. If we are prevented from providing our contractual services by force majeure (e.g. strike, naturalcatastrophe) or other circumstances for which we are not responsible (e.g. technical failure at third parties), we will inform the customer as soon as possible. Nor can we rule out downtime due to necessary maintenancework. The customer declares that he will not assert any claims for damages or warranty claims for failures of our services.

6.3 We shall only be liable for damages that we or our vicarious agents have caused to the customer intentionally or through gross negligence. In the event of gross negligence, liability is limited to the amount paid by the customer and per damage event. Compensation for consequential damages, loss of profit, loss of data and financial losses is excluded. This does not apply to the liability of damage to the person and claims under the Product Liability Act.

6.4 The customer acknowledges that the processing is carried out by an algorithm or machine learning. Therefore, in any case, the customer must check the results himself once again. No liability is assumed for individual incorrect representations or expenses.

7. Data upload

7.1 The customer assures that he owns all rights of use and intellectual property necessary for the use within the platform for the content uploaded by him and can grant it to CEAD to the necessary extent.

7.2 The customer grants CEAD the non-exclusive, temporally, and locally unlimited right, but limited to the purpose of the processing, to store the posted content and to reproduce and edit it to the extent necessary for this.

8. Final provisions

8.1 The place of performance is the registered office of our company.

8.2 If one or more of the provisions of the general terms and conditions should be or become partially or completely invalid, the remainder of the general conditions shall remain entirely valid. The invalidated provision or provisions shall be replaced by the lawful provision which comes closest in an economic sense to the provision which was declared invalid.

8.3 These general terms and conditions, as well as any supply and order relating thereto shall be governed in all respects by the Austrian law. Any disputes or controversies arising under or relating to the general conditions, their effectiveness, validity, execution, interpretation, cancellation, or termination, as well as any relationship with the supplies and/or orders relating thereto, shall be resolved under the exclusive jurisdiction of the Bezirksgericht Baden (Austria).

8.4 The application of the Vienna United Nations Convention for contracts on the International Sale of Goods (11th April 1980) is expressly excluded.