Terms of Service
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These Terms of Service set out the rules for using SmartHome CAD — the website available at https://smarthomecad.com and the application available at https://app.smarthomecad.com (the "Service").
Please read these Terms before using the Service. Using the Service — including creating an Account or using the demo mode — constitutes full acceptance of these Terms.
1. General provisions
The Service is operated by [pełna nazwa firmy / full company name], with its registered office at [adres siedziby / registered address], tax ID (NIP): [NIP / tax ID], KRS: [KRS] (the "Operator").
Contact: [email protected].
These Terms are made available free of charge in a form that allows them to be obtained, reproduced and stored.
2. Definitions
- Service — the website, the application and the services provided by the Operator at the addresses given above.
- Application — the part of the Service, running in a browser and as a desktop application, used to design installations.
- User — any person using the Service.
- Account — the User’s individual account within the Service.
- Content — all data, texts, images, documents, calculation results and other materials made available in the Service.
- Database — the collection of products, parameters, models, connection layouts and related information made available in the Service.
3. Scope of the service
The Service allows you to design electrical installations: placing elements on a plan, creating circuits, assembling cabinets, generating documentation and cost estimates, and exporting orders to partner wholesalers.
During development the Service is provided free of charge. The Operator may introduce paid versions, giving advance notice. The Operator makes every effort to keep the Service running, but does not guarantee uninterrupted or error-free operation.
4. User account
Creating an Account requires providing true and current data and safeguarding your access credentials.
The User is responsible for actions taken through their Account. Any unauthorised access must be reported to the Operator without delay.
5. Rules of use
The User undertakes to use the Service in accordance with the law, these Terms and good practice, respecting the rights of the Operator and third parties.
It is forbidden to take any action that could disrupt the Service, overload its infrastructure or compromise its security.
6. Prohibited actions
Without the Operator’s prior written consent, any automated collection of data from the Service is prohibited, in particular:
- downloading, collecting, indexing or copying Content and the Database using scrapers, robots, crawlers, bots, headless browsers or other automated tools;
- circumventing rate limits, authentication, technical protections or access restrictions;
- creating and providing your own database, product or service based on data from the Service;
- using data from the Service to train machine-learning models;
- further sharing, reselling, sublicensing or distributing Content, whether for a fee or free of charge;
- decompiling, reverse engineering or attempting to obtain the source code.
7. Intellectual property and database rights
The Service, its source code, appearance and trademarks, as well as the Database, the compiled connection layouts, product images and generated documentation, are the property of the Operator or are used by the Operator under separate rights, and are legally protected.
The Service’s Database is protected as a database within the meaning of the Polish Act of 27 July 2001 on the Protection of Databases and Directive 96/9/EC — both as a compilation (copyright) and under the sui generis right of the database maker.
Downloading, reproducing, distributing or re-utilising a substantial part of the Database, including repeated and systematic extraction of parts of it, is prohibited without the Operator’s consent.
Manufacturer data is made available to the extent resulting from the conditions of its disclosure and remains the property of those manufacturers.
8. Data provenance markers
The Operator uses technical provenance markers (watermarking) in the Content and the Database — both visible and hidden — in order to identify the source of the data and detect its unauthorised use.
Removing, modifying, concealing, suppressing or circumventing these markers, as well as taking any action intended to prevent their detection, is prohibited.
Data originating from the Service can be identified by means of the above markers. The presence of the Operator’s markers in third-party data or databases constitutes evidence that such data originates from the Service and was obtained in breach of these Terms.
9. Liability
The Service is provided "as is". During development the Operator does not warrant the Service’s fitness for a particular purpose or the correctness of the generated documents.
The User is responsible for verifying designs, documentation and cost estimates, and for the compliance of the installation with regulations. The Operator is not liable for decisions taken on the basis of the Service’s output.
The Operator is not liable for interruptions to the Service caused by factors beyond its control.
10. Complaints
Complaints may be submitted to [email protected]. A complaint should include a description of the problem and contact details.
The Operator handles complaints within 14 days of receipt.
11. Personal data protection
The Operator is the controller of Users’ personal data. Personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and applicable national law.
Requests and enquiries concerning personal data protection (GDPR) — including requests for access, rectification, erasure, restriction of processing, data portability and objection — must be sent to [email protected].
The User has the right to lodge a complaint with the supervisory authority competent for personal data protection — the President of the Personal Data Protection Office (UODO) in Poland.
12. Changes to the Terms
The Operator may amend these Terms, in particular in connection with the development of the Service or a change in the law, notifying Users of the changes. Continued use of the Service after the changes take effect constitutes acceptance of them.
13. Governing law and disputes
These Terms are governed by Polish law. Disputes will be resolved by the courts having jurisdiction over the Operator’s registered office, with respect for the mandatory rights of consumers.
14. Final provisions
If any provision of these Terms proves invalid, the remaining provisions remain in force.
These Terms enter into force on the date of publication.