Welcome to the Sketchframer application (hereinafter, the "Software"), which acts as an extension of Sketchup.
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SOFTWARE. BY DOWNLOADING, USING, OR INSTALLING THE SOFTWARE OR ANY PART THEREOF, THE PERSON ACCEPTS ALL THE TERMS SET FORTH HEREIN. IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SOFTWARE.
Each user who uses the Software (hereinafter, the "User") guarantees to Martinix SRL, a limited liability company incorporated in accordance with Law No. 16.060 of the Oriental Republic of Uruguay and registered in the RUT under number 217258420011, that they have full capacity and authority to participate in and comply with these Terms and Conditions of the Software (hereinafter, the "Terms and Conditions"). "User" means each individual who uses the Software.
The use and enjoyment of the license rights granted in accordance with the provisions of the Terms and Conditions shall be subject to compliance with the obligations assumed by the User. Failure to comply with any obligation, as well as failure to pay invoices for the license, shall entitle Martinix SRL to suspend and terminate the license rights.
By way of illustration but not limitation, the Software, and all content included therein, as well as: texts, illustrations, logos, trade names, information, software, graphics, images, music, sounds, content of all kinds, materials, signs, products, services, URLs, technology, HTML codes, included in the Software and in any other application or platform on which the Software operates, and all intellectual property rights, registered trademarks and service marks, are protected by the intellectual and industrial property rights of Martinix SRL. Therefore, it is strictly prohibited for the User to decompile, reproduce, copy, modify or otherwise manipulate any of the contents of the application, in whole or in part, or to modify it, whether in its external appearance or in its operational functioning.
At no time does Martinix SRL grant the User ownership rights over the Software or the Platform on which it operates, and under no circumstances shall this be understood to authorize its reproduction and public dissemination, assignment, sale, rental, or loan.
The license granted to the User is solely for the purpose of using and enjoying the benefits granted by it, and in the manner permitted by these terms and conditions.
The User agrees to comply with applicable laws in this case, including Copyright Law.
Except as expressly permitted in the Terms and Conditions, the User may not use, distribute, reproduce, publish, transmit or otherwise exploit the content of the application for any reason whatsoever, without the prior written consent of Martinix SRL. In some cases, the download or printing of content within the application (sketches, plans, models, details, technical information) may be permitted for personal and non-commercial use only. For these purposes, the User agrees that they do not acquire any ownership rights over the Software.
Martinix SRL may use its internal network and Internet connection for the transmission of license-related data during the installation, registration, use or update of the software, and to validate the authenticity of license-related data to register your Software and protect Martinix SRL against illegal or unlicensed use of the Software.
Martinix SRL may include in the Software an integrated license measurement technology that helps prevent any unintentional infringement of the Terms and Conditions. You agree that said measurement module may send Martinix SRL an online notification confirming the use of the Software. You shall not disable, modify or interfere with the operation of any such module. Martinix SRL may use its internal network for license measurement.
4.1 Martinix SRL, its subsidiaries, directors, shareholders, employees and authorized personnel, shall not be liable in any way to the User, or any other person for direct, consequential, indirect, special, incidental and punitive damages. Neither Martinix SRL nor its suppliers shall be liable for any loss of use, loss of data, failure of security mechanisms, business interruption, or any indirect, special, incidental, consequential damages of any kind (including loss of profits or data), regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if advised in advance of the possibility of such damages. The Software shall not be used in an illegal or illicit manner, shall not infringe the legal rights of any third party, and shall not be capable of giving rise to legal action against the User or against Martinix SRL, the Software or a third party.
4.2 Martinix SRL is not responsible for any damage or viruses that may affect your device or other property as a result of accessing, downloading or installing the Software.
4.3 It is prohibited to send or transmit any illegal or illicit content, computer viruses or messages through the application that may violate or affect the rights of Martinix SRL or third parties.
4.4 Special Situations. By accepting the Terms and Conditions, the User expressly declares to acknowledge and accept that:
4.4.1 The Software does not perform calculations on the structure modeled with the Software. The Software does not perform load checks, support distance checks, or calculations of any kind. Consequently, the User is solely responsible for the calculations on the structure.
4.4.2 The Software takes the following default values: [profile types, profile spacing, panel heights, lintel heights, opening dimensions, overhangs, etc.]. The User may discretionally modify the values referred to in this clause to make the model at any time. Consequently, the User declares to be responsible at all times with respect to the values used to create the models (both the default values used by the Software and those values modified by the User).
4.4.3 The User expressly declares and acknowledges that neither Martinix SRL nor the Software shall be responsible for the eventual execution of an architectural work based on models generated from the Software. In any case, responsibility shall fall on the professionals in charge of designing and executing the architectural work designated by the User for such purposes. The User expressly and specifically declares that structural problems in the construction work, the various pathologies, as well as work accidents related to the execution of the work and other contingencies arising from the execution of a construction work shall not be attributable to Martinix SRL, the Software, and/or its employees, directors, subsidiaries, affiliates, agents, representatives, shareholders, etc.
4.5 The User declares that responsibility for the execution of construction works for buildings, houses, and other surfaces shall fall entirely on said executor, releasing Martinix SRL, and/or its employees, directors, subsidiaries, affiliates, agents, representatives, shareholders, etc. from any and all direct or indirect liability.
4.6 The Software constitutes a tool for the preparation of plans and construction structures, and Martinix SRL, its employees, directors, subsidiaries, affiliates, agents, and representatives shall not be responsible for the subsequent use of the products generated by the Software.
The User agrees to defend, indemnify and hold harmless Martinix SRL, and its affiliated, controlled and/or controlling companies, subsidiaries, directors, shareholders, employees, agents and representatives from any and all extrajudicial, administrative or judicial claims or actions arising from, or in any way related to, the improper use of the Software or resulting from the User's failure to comply with the Terms and Conditions and other policies arising from the application, including any liability or expense arising from all claims, losses, damages, lawsuits and/or jurisdictional proceedings, judgments, procedural costs and attorney's fees of any kind and nature, as well as any activity carried out by the User in connection with the application.
Martinix SRL may modify in any aspect and at any time the Terms and Conditions set forth herein, notifying the user thereof, who must accept them in order to continue using the application. For these purposes, whoever uses the Software is accepting the terms stipulated in the latest version.
The Software may notify and inform you when Software Updates are available. The Software allows you to request and receive Updates automatically, and does so by default, although you have the option to disable this feature. Likewise, you must download and install the software on your device as this action does not occur automatically. "Updates" include maintenance releases, bug fixes and minor updates to your current version of the Software.
Martinix SRL may, directly or through third parties, collect and use technical information, information about you, and/or data that you provide in connection with your use of the Software or for the provision of maintenance and technical support for the Software. Martinix SRL will not use such information in a way that personally identifies you except to the extent necessary to provide maintenance and technical support or to improve the use of the Software including requesting feedback about the Software, providing critical updates, notifications related to before the Software is released, or to improve the Software. You agree that, to the extent permitted by law, Martinix SRL assumes no responsibility with respect to the storage of your data or information.
The processing of personal data collected from the User in the use of the Software shall be governed by Martinix SRL's Privacy Policy. To access the use of the license, the User must expressly accept the Privacy Policy and all its modifications.
9.1 Assignment. This Agreement shall be binding upon and inure to the benefit of each of the successors and permitted assigns of each of the parties. Martinix SRL may assign this Agreement to any affiliate or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of the assets or voting shares of Martinix SRL, as well as to any other third party. The User may not assign or transfer this Agreement, in whole or in part, without the written consent of Martinix SRL. Any attempt to transfer or assign this Agreement without such written consent shall be declared null and void.
9.2 Severability. If a court of competent jurisdiction declares any provision of this Agreement null or unenforceable, such provision shall be limited to the minimum necessary for these Terms and Conditions to remain in force.
Any communication, notice or report under this document shall be made in writing. If made to Martinix SRL, such communication, notice or report shall be sent to the following email address: info@sketchframer.com. If the communication, notice or report is made to the User, such communication, notice or report shall be sent to the email address provided at the time of installing the Software.
The User may terminate these Terms and Conditions automatically by completely and permanently deleting the application. Notwithstanding the foregoing, the provisions of sections 2, 3 and 4 shall remain in force in the event of revocation or expiration of these Terms and Conditions.
These Terms and Conditions shall be governed by and interpreted in accordance with the Laws of the Oriental Republic of Uruguay.
Any conflict of principle of law governing the application of the laws belonging to another jurisdiction shall be governed by and interpreted in accordance with the Laws of the Oriental Republic of Uruguay.
The User agrees to comply with all local laws and regulations relating to the download, installation and use of the Software.
The User acknowledges that the Software may be subject to export and import restrictions by certain foreign governments. You will not allow the departure or export from the relevant state, nor the export or re-export of any part of the Software or any direct product thereof, nor will you allow any third party to do so: (a) to any country that supports terrorism or is subject to embargo (or to a citizen or resident of any such country); (b) to any person included in the U.S. Department of Commerce Denied Parties List or the U.S. Department of the Treasury Specially Designated Nationals List; (c) to any country to which such export or re-export is restricted or prohibited, or for which the U.S. government or any agency thereof requires an export license or other government approval at the time of export or re-export without first obtaining such license or approval; or (d) that otherwise violates any restriction, law or regulation of any foreign or United States export or import authority or agency.
The User agrees to the foregoing and declares that they are not located in, nor under the control of, a national or resident of any of these prohibited countries nor on any list of such prohibited parties. The Software has an additional restriction and may not be used for the design or development of missile technology or biological, chemical or nuclear weapons, or for terrorist activities.
Any dispute, conflict or claim with respect to these Terms and Conditions of Use, their interpretation, including any conflict regarding their acceptance, compliance or non-compliance, shall be subject to the current legislation of the Oriental Republic of Uruguay and shall be settled before the competent Courts established in the Oriental Republic of Uruguay.
These Terms and Conditions (the "Terms and Conditions") govern the access and use of the Sketchframer digital platform (the "Platform").
The Platform allows those who design steel framing structures in Sketchframer to access files in the format required for execution by CNC machines. It also allows them to connect with manufacturers who can acquire the designs at a discounted price to execute the projects.
By registering and logging into the Platform, the user accepts the Terms and Conditions that bind the user to Martinix SRL (the "Company"), a limited liability company incorporated in accordance with Law No. 16.060 of the Oriental Republic of Uruguay and registered in the RUT under number 217 258420011.
The Company offers a service consisting of making the Platform available to connect Users, so that they may (the "Services"):
• acquire digital design files for "steel framing" construction created in the Sketchup program and compatible with CNC machines; and
• contact independent manufacturers (the "Manufacturers") for the physical execution of said designs.
The Services do not constitute a construction contract, services contract or sale. The Company does not manufacture, sell, or supply structures, materials or construction services, nor does it carry out the transportation thereof.
The Terms and Conditions do not regulate the contracting conditions between Users. Users shall set the conditions of price, term, transportation, delivery and all other conditions necessary for the execution of the structures.
The Terms and Conditions also do not regulate the conditions or the free-use license of the Sketchup program, which are governed by their own terms and conditions.
All persons who register and log into the Platform will be considered "Users". They may register as "Designers" or Manufacturers. Registration as a Designer requires compliance with the Terms and Conditions and registration with an email address and basic personal information.
Users who wish to access the status of Manufacturers must meet the minimum requirements established by the Company. The Company will verify compliance with these requirements prior to the User being registered as a Manufacturer. If, in the Company's judgment, the User does not meet these requirements, they will not be granted the status of Manufacturer.
All users must:
• have legal capacity to contract;
• provide truthful and up-to-date information; and
• maintain the confidentiality of their Platform login credentials.
User access to the Platform is conditional upon compliance with the obligations assumed upon accepting the Terms and Conditions. The Company may temporarily suspend or permanently terminate the Platform access of Users who fail to comply with these obligations.
Manufacturers must meet verifiable minimum technical requirements, as well as comply with all legal and regulatory requirements to carry out their activities in the jurisdiction in which they are located. The User acknowledges that the requirements may be variable and are subject to verification by the Company prior to registration as Manufacturers.
Manufacturers are independent from the Company and the use of the Platform does not imply the formation of a partnership, joint-venture or any other type of business arrangement. Each Manufacturer shall be responsible for complying with the labor, tax, regulatory and social security obligations inherent to their activity.
Manufacturers shall be solely responsible for the correct execution of the fabrication of third-party User designs.
Designers will access the files of their designs in a format suitable for execution on CNC machines in exchange for a price that must be paid to the Company in advance. The price of the Services is set in proportion to the number of kilograms of the designed structure.
Manufacturers will access the files in exchange for a price also determined based on kilograms, but at a lower rate than that corresponding to Designers.
The current rates for the price of the Services can be consulted in the "Pricing" section of the Company's website. Where applicable, Value Added Tax and any other indirect tax levied on the Services must be added to all figures indicated in the rate.
To the maximum extent permitted by law, the Company does not guarantee the quality, safety or legality of services provided by third parties, nor is it responsible for:
• design errors;
• structural failures;
• contractual breaches between Users;
• manufacturing defects;
It shall also not be liable for direct, indirect damages or loss of profits arising from the use of the Platform.
The Platform facilitates contact between Designers and Manufacturers, as well as providing files suitable for execution on CNC machines in accordance with the designs made by the Users. The Company does not guarantee the technical, constructive or regulatory suitability of the designs. Nor does it guarantee the quality of the execution of these designs by the Manufacturers.
The only payments received and managed by the Company on the Platform are those corresponding to the price of the Services. The Company does not offer a service to manage payments between Users. All payments made between Users are their sole responsibility.
Users, regardless of their status as Designers or Manufacturers, are obligated to:
• pay the price of the Services;
• fulfill the contractual obligations assumed with other Users;
• use the Platform exclusively for lawful purposes and comply with all legal and regulatory provisions applicable to the use of the Platform;
• maintain confidentiality of the credentials for access to the Platform;
• not allow access to the Platform by third parties other than the User;
• hold the Company harmless from any claim by other Users or any third party for non-compliance with these Terms and Conditions, other legal and regulatory rules, as well as non-compliance with the contractual obligations assumed with other Users;
• reimburse the Company for all sums of money disbursed to address claims arising from the non-compliance described in the previous point, including expenses and professional fees.
The Company may, directly or through third parties, collect and use information provided by Users in the use of the Platform, which may be organized in a database owned by the Company.
The purpose of collecting personal data shall be the provision of the Services, as well as the provision of maintenance, technical support and development of new capabilities for the Platform. To the extent technically possible, the Company will not use personal data in a way that personally identifies Users.
The processing of personal data collected from the User in the use of the Software shall be governed by the Company's Privacy Policy. To access the Platform, the User must expressly accept the Privacy Policy and all its modifications.
The laws of the Oriental Republic of Uruguay shall apply to these Terms and Conditions, as well as to all relations between Users and the Company.
The courts of the city of Montevideo of the Oriental Republic of Uruguay shall have jurisdiction over any dispute between the Company and the Users related to these Terms and Conditions.
The Terms and Conditions will remain published on the Company's website. The Company may modify these Terms at any time without prior notice to Users. By logging into the Platform, the User accepts any modification to the changes in the Terms and Conditions.