Terms of Use
By accessing the features and services of the Pelicad platform ("Pelicad"), provided by cityscaper GmbH and its affiliates (collectively “we,” “us,” or “cityscaper”), you ("user") agree to be bound by these Terms and Conditions of Use ("Terms") and all applicable laws. If you do not agree with any of these Terms, please do not use or access Pelicad.
- Application and Acceptance of Terms
- These Terms constitute a legally binding agreement between you and cityscaper GmbH regarding the use of Pelicad and related services. By using Pelicad, you acknowledge that you have read, understood, and agreed to be bound by these Terms, and that they have the same force and effect as a signed written contract.
- When you use any specific service of Pelicad, there may be separate agreements, rules, or policies applicable to that service. These agreements and rules will be published in forms such as website announcements, notifications, or email. By using such services, you agree to the relevant agreements and policies.
- cityscaper GmbH may revise these Terms due to changes in policies, product development, or the operating environment. Any updates will be posted on our website. If you disagree with the updated Terms, you should discontinue using Pelicad. Your continued use constitutes acceptance of the modified Terms.
- If any translation of these Terms is provided, the original English version will govern your use of Pelicad unless otherwise specified.
- Services Provided
- We offer cloud-based AI rendering and design tools, including but not limited to 3D model processing, rendering services, project collaboration, and visualization. Specific features and updates are subject to ongoing development.
- Who May Use the Services
- You may use Pelicad only if you are of legal age under applicable jurisdiction and not barred from receiving services under any local or international law.
- If you are using Pelicad on behalf of a company, organization, or other legal entity, you warrant that you are authorized to act on behalf of such entity and have the authority to bind it to these Terms.
- Your Privacy
- Your privacy is important to us. Please refer to our Privacy Policy for details on the personal information we collect, how we process it, and your rights under GDPR and other applicable data protection laws. By using Pelicad, you acknowledge and agree to the data practices described in our Privacy Policy.
- Account Registration and Management
- You may access some features of Pelicad as a guest, but to use core services, you will need to create an account. By registering, you agree to provide accurate and current information.
- You are responsible for safeguarding your account information, including your password. You must notify us immediately if you suspect any unauthorized access or breach of security. We will not be liable for any loss arising from unauthorized use of your account.
- Upon termination, your data will be deleted or anonymized as described in our Privacy Policy, unless retention is required by law. In certain cases, we may allow the recovery of specific data for a limited time before permanent deletion.
- Account Security and Verification
- You are responsible for carefully safeguarding your Pelicad account information, including your username, password, verification codes, and any other security credentials. Your Pelicad account is for your personal use only and must not be transferred, traded, donated, rented, or loaned to any third party. If we discover that your account has been used in violation of this provision (e.g., transferred, traded, rented), we reserve the right to suspend or terminate your account without prior notification. cityscaper GmbH will not be held responsible for any loss or damage, including but not limited to service interruptions or loss of data, resulting from such unauthorized transfers.
- To ensure the security of transactions and account use, we may require you to complete real-name verification and provide additional identity materials for authentication when accessing specific features of Pelicad. You agree to provide true, accurate, and up-to-date information during this process. Failure to comply with these verification requirements may result in restricted access to certain features or services, or the suspension of your account.
- You agree to notify cityscaper GmbH immediately in the event of any unauthorized use of your Pelicad account or any breach of security. While cityscaper GmbH will take reasonable measures to protect your account, we are not liable for any loss or damage you may suffer as a result of someone else accessing your account, with or without your permission.
- Renewal and Service Fees
- cityscaper GmbH offers paid services and may provide a free trial period to users. A paid subscription is required for continued access once the trial period ends. The payment method on file will automatically be charged for the selected subscription plan, unless the user cancels the subscription before the trial period expires. Specific fees, subscription models, or charges related to paid services will be clearly outlined. cityscaper reserves the right to modify fees with prior notice.
- To ensure the continuous usage of Pelicad without disruption, cityscaper GmbH offers an automatic renewal service. By subscribing to any paid services, you agree to the automatic renewal of your subscription at the end of each subscription period, unless you choose to discontinue your subscription.
- Your subscription will automatically renew for the same period as the current subscription at the prevailing rate. You authorize cityscaper GmbH to charge the renewal fee to your payment method on file on the next billing date.
- You are responsible for ensuring that your payment method has sufficient funds or credit available to cover the subscription renewal fee. If the renewal charge fails due to insufficient funds or for any other reason, cityscaper GmbH reserves the right to suspend or terminate your access to the paid services. If you wish to continue using the services, you may need to update your payment information or settle any outstanding charges.
- You may manage your subscription, including opting out of automatic renewal, by adjusting your account settings in the subscription interface (e.g. the settings section under your Pelicad account). You can cancel the auto-renewal at any time, but changes will only take effect for the next billing cycle and not the current one. For further assistance with subscription management, you may contact our support team at support@pelicad.com.
- If you cancel your subscription before the end of the current billing cycle, your access to paid services will continue until the end of the billing period. No refunds or prorated payments will be issued for the remainder of the subscription period.
- If Pelicad experiences a service outage or interruption lasting longer than 48 consecutive hours for reasons attributable to cityscaper GmbH (excluding force majeure or scheduled maintenance), you may be eligible for a prorated refund or credit for the affected period. Refunds will be issued at cityscaper GmbH’s discretion based on the severity and duration of the disruption.
- You must cancel your subscription before the end of the current billing cycle to avoid automatic renewal charges. If an automatic renewal occurs, you may still cancel your subscription to prevent future charges, but no refund will be provided for the renewal that has already taken place. Once the renewal charge is processed, the service will continue until the end of the renewed subscription period.
- One-time fees, such as setup fees or additional service charges, are non-refundable unless required by applicable law. Any promotional offers or discounts applied to a subscription may not be refundable or may be subject to adjustment if a refund is requested.
- Code of Conduct
- You agree not to use Pelicad for any unlawful purposes or in any manner that violates applicable local, national, or international laws. In addition, you agree to comply with all relevant agreements, rules, and policies associated with Pelicad, as well as any additional guidelines published by cityscaper GmbH.
- You agree that Pelicad must not be used for any of the following prohibited activities, nor may you upload, produce, store, distribute, or disseminate content in connection with such activities:some text
- Promoting or distributing obscene, pornographic, violent, or illegal content, including content related to gambling, terrorism, or abetting crimes.
- Harassing, slandering, or defaming others, or infringing on the lawful rights of others, including privacy and intellectual property rights.
- Uploading malicious software, such as viruses, trojans, or other harmful code that compromises security or functionality.
- Disrupting or attempting to disrupt the integrity, security, or performance of Pelicad through hacking, phishing, or unauthorized access.
- Engaging in activities that violate privacy laws or data protection regulations, including sharing unauthorized personal information of others.
- Creating, sharing, or distributing content that infringes on intellectual property rights, or otherwise violates copyright, trademark, or patent laws.
- You further agree not to use Pelicad, or any models or derivatives created using Pelicad, in any of the following ways:some text
- In any way that violates applicable national, federal, state, local, or international laws or regulations.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
- To generate or disseminate verifiably false information or content with the intent to harm others.
- To generate or disseminate personally identifiable information that can be used to harm an individual.
- To defame, disparage, or otherwise harass individuals or groups.
- For fully automated decision-making processes that adversely impact an individual’s legal rights or create a binding, enforceable obligation.
- For any use that discriminates against or harms individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics.
- To exploit vulnerabilities of specific groups based on age, social, physical, or mental characteristics in ways likely to cause physical or psychological harm.
- For any use that discriminates against individuals or groups based on legally protected characteristics such as race, gender, religion, or disability.
- To provide medical advice or interpret medical results.
- To generate or disseminate information for use in law enforcement, immigration, or asylum processes, such as predicting fraud or criminal behavior through profiling or other means.
- You further agree not to engage in or facilitate any of the following activities:some text
- Providing false or incomplete information for identity verification or real-name authentication.
- Transferring, selling, renting, or lending your Pelicad account to others without prior approval from cityscaper GmbH.
- Attempting to reverse engineer, decompile, or disassemble any part of Pelicad's software or source code.
- Using unauthorized tools, plugins, or third-party software to access, interfere with, or modify Pelicad.
- Circumventing any access controls or security measures placed on the platform, including through web crawlers or automated scraping tools.
- Manipulating ratings, comments, or reviews in a way that may damage the credibility or integrity of Pelicad.
- Intentionally disrupting or impeding the experience of other users, including by launching attacks or causing service interruptions.
- If cityscaper GmbH, in its sole discretion, determines that you have violated these Terms or any applicable law, it may take one or more of the following actions:some text
- Require you to immediately modify or remove content that violates these Terms.
- Block or delete the offending content or disconnect links to such content directly.
- Restrict or suspend your access to Pelicad, including but not limited to temporarily disabling services or blocking certain features.
- Permanently terminate your use of Pelicad, including the cancellation of your Pelicad account and removal of all related services.
- If cityscaper GmbH takes action against your account under Section 8.5, you will be notified via email, SMS, or in-app notifications. You may submit an appeal through the provided communication channels to dispute the action taken against you.
- If your actions, in violation of applicable laws or these Terms, cause harm or losses to cityscaper GmbH, other users, or third parties, you will be solely responsible for all resulting damages. cityscaper GmbH will not be held liable for any losses or damages caused by your actions, and you agree to fully indemnify cityscaper GmbH for any claims, costs, or liabilities arising from your misconduct.
- Intellectual Property
- All content on Pelicad, including software, trademarks, and logos, is owned or licensed by cityscaper GmbH. You agree not to reproduce, distribute, modify, or create derivative works based on our content without express permission.
- User-generated content shared on Pelicad remains your property. However, by uploading content to Pelicad, you grant cityscaper GmbH a worldwide, royalty-free license to use, store, and display your content for purposes of operating the platform.
- Content generated on Pelicad (“output”) is licensed according to the licensing model of your plan depending on the tier. If nothing else is stated, you are generally granted a worldwide, royalty-free, non-commercial and commercial license to use t
- Interruption of Service
- cityscaper GmbH may adjust, suspend, or terminate some or all of the services provided by Pelicad at any time for justified reasons. In the event of such changes, we will notify you as soon as possible to allow you to make backups of your data and take necessary actions to safeguard your legal rights. For services provided for free, cityscaper GmbH is not obligated to notify users or bear responsibility for any loss incurred by the user or third parties.
- Justified reasons for service adjustments or termination include, but are not limited to:some text
- Regular Maintenance: This includes periodic or ad hoc examination, maintenance, upgrades, and adjustments to Pelicad or related infrastructure for service enhancement or improved user experience.
- Force Majeure: Events beyond cityscaper GmbH’s reasonable control, including but not limited to natural disasters (earthquakes, floods), government actions, policy changes, strikes, civil unrest, and infectious diseases.
- Operational Faults: Issues such as technical adjustments by the telecommunications sector, destruction or damage to telecommunications or power lines by third parties, and installation, modification, or maintenance of telecommunications or power resources by third parties.
- Network Security Incidents: This includes events such as computer viruses, trojans, malware, or hacking attacks that disrupt or compromise the security of Pelicad’s infrastructure.
- User Hardware or Software Failures: Incidents arising from improper operations or technical failures of your computer systems, software, hardware, or communication lines.
- Unauthorized Use: Any non-authorized or improper use of Pelicad by users that may lead to the suspension of services to protect the integrity of the platform.
- Other Unforeseen Circumstances: Any other circumstances beyond the control or reasonable foresight of cityscaper GmbH that may require the adjustment, suspension, or termination of services.
- cityscaper GmbH will not be held liable for any loss of data, business opportunities, or project delays caused by service suspension or interruption under the conditions outlined above. Users are responsible for backing up critical data regularly.
- cityscaper GmbH will make reasonable efforts to restore services as promptly as possible following any suspension or interruption caused by the conditions mentioned above. However, cityscaper GmbH does not guarantee any specific timeline for the restoration of services.
- License for Service Use
- cityscaper GmbH grants you a personal, worldwide, non-assignable, and non-exclusive license to use Pelicad. This license is granted solely to allow you to access and benefit from the services of Pelicad in accordance with these Terms. Any use of the services beyond the scope of this license is strictly prohibited.
- You may not copy, modify, distribute, sell, lease, or reverse-engineer any part of Pelicad’s services or underlying software, unless expressly permitted by cityscaper GmbH in writing or by applicable law.
- Any feedback, comments, or suggestions you may provide regarding Pelicad are entirely voluntary. cityscaper GmbH is free to use such feedback, comments, or suggestions as it sees fit, without any obligation to you and without any compensation or acknowledgment.
- The license granted to you under this section is revocable and will terminate automatically if you violate any of the Terms, misuse the services, or if your account is terminated for any reason. Upon termination, you must cease all use of Pelicad and its services.
- Limitation of Liability
- To the fullest extent permitted by applicable law, cityscaper GmbH shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of Pelicad. Our total liability for any claim is limited to the amount you paid for the services in the six months prior to the claim.
- Indemnification
- You agree to indemnify and hold cityscaper GmbH, its affiliates, and employees harmless from any claims, damages, losses, liabilities, or legal costs (including reasonable attorney fees) arising out of your use of Pelicad, your violation of these Terms, or your infringement of third-party rights.
- Governing Law and Dispute Resolution
- These Terms are governed by the laws of Germany, excluding its conflict of laws provisions. Before any legal proceedings, both parties agree to make reasonable efforts to resolve disputes through informal negotiation or mediation. All disputes shall be subject to the exclusive jurisdiction of the courts in Munich, Germany.
- Changes to Terms
- cityscaper GmbH may update these Terms from time to time. The latest version will always be available on our website. We encourage you to review these Terms regularly.
By using Pelicad, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
For any questions or concerns, please contact us at info@pelicad.com.