Terms & Conditions
Last Updated: 10/17/2022
This Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User”, “You,” or “Your”) and Right Home Media Inc.’s App (“SecondFloor”). This Agreement governs Your use of the SecondFloor application (including all related documentation, the “Application”) and all services provided through the Application (“Services”). The Application is licensed, not sold, to You.
BY CLICKING THE “AGREE” BUTTON YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE, COMPUTER, OR OTHER DEVICE.
- Modifications of Agreement. SecondFloor reserves the right to make changes to the Application, this Agreement, or the policies incorporated herein by reference, at our sole discretion by requiring You to click “Agree” the next time You log into the Application following this Agreement being updated. Your continued use of the Application will signify Your acceptance of any revised terms. Furthermore, we may modify, suspend, and/or discontinue part or all of the Services at any time. We make no promises or guarantees regarding the continuation of any Services provided by the Application.
- Services for End Users. The Services offered by the Application for consumers allows End Users to scan the floor of a structure (house, building, etc) with the camera from an iPhone or iPad device. Once the structure is scanned, it will process and create a 2D top-down floor plan that gives the End User a basic view of the structure that was scanned and will allow the End User to manually create floor plans. This floor plan will have measurements added to it in some cases. It can include titles of each room as well. All scans with Application can be exported via image/pdf to whomever.
- Installation of Application. In order to use the Application, You will be required to download the Application to Your device in accordance with the Application’s documentation.
- Grant of License. Once downloaded, SecondFloor grants to the End Users a non-transferable, non-exclusive license to use the Application to access and use SecondFloor’s Services.
- Not Reliable Measurements. The measurements provided the Application are meant to be a general estimate and are not intended to be relied as exact measurements. If the End User requires measurements of a room for construction purposes, architectural purposes, or other purposes where precise measurements are required, the End User should rely on a much more precise method. The end user specifically agrees and acknowledges that the diagrams produced by the application are not architectural diagrams or drawings and the end user will not attempt to use the diagrams for any purposes which require professional architectural diagrams or drawings.
- Not a Survey. The information provided by the Application shall not be considered a survey and an End User must be licensed by the appropriate survey board or other regulatory authority if the End User: (a) hands over images to clients that contain any metadata or information on location and distances produced by the Application; (b) stitches images produced by the Application together using orthomosaic software; (c) creates accurate overhead maps using information produced by the Application, (c) takes photos that show elevations in conjunction with information produced by the Application, (e) processes any overhead photos in order to make rough measurements of distance using the Application, or (f) uses images taken by the Application if to estimate volume. The end user specifically agrees and acknowledges that the information produced by the application will not be used for any purposes which requires a professional surveyor’s license unless the end user is licensed by the applicable board or regulatory authority in the end user’s jurisdiction.
- Restrictions on License. Except as expressly set out in this Agreement, You and/or the Organization agree not: (a) to copy the Application except where such copying is incidental to normal use of the Application; (b) to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Application; (c) to make alterations to, or modifications of, the whole or any part of the Application, or permit the Application or any part of it to be combined with, or become incorporated in, any other programs; (d) to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Application; and/or (e) to provide or otherwise make available the Application in whole or in part (including object and source code), in any form to any person without prior written consent from SecondFloor.
- Limitation of Use. Except as expressly set out in this Agreement, You and/or the Organization agree not: (a) to use the Application or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Application; (b) to infringe our intellectual property rights or those of any third party in relation to Your use of the Application or Services; (c) to transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the Application or Services; and/or (d) to use the Application or Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
- Updates to the Application. SecondFloor may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that SecondFloor has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on Your mobile device settings, when Your mobile device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) You may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
- Electronic Communications. By accepting the terms of this Agreement , You agree that SecondFloor may send e-mails to You, and You consent to receive e-mail or other electronic communications from SecondFloor.
- Term and Termination. The term of Agreement commences when You acknowledge your acceptance of this Agreement and will continue in effect until terminated by You or SecondFloor. You may terminate this Agreement by deleting the Application and all copies thereof from your mobile device. SecondFloor may terminate this Agreement at any time without notice, which SecondFloor may do in its sole discretion. Upon termination: (a) all rights granted to You under this Agreement will also terminate; and (b) You must cease all use of the Application and delete all copies of the Application from your mobile device.
- Trademarks and Copyrights. The trademarks, service marks and logos on the Application and all content, material, information, images, text, designs, graphics and software on the Application, are owned by or licensed to SecondFloor, subject to trademark law, copyright law and/or other intellectual property laws. You may access the material contained on the Application for Your personal and or commercial use, provided You do not copy, modify, or delete any copyright, trademark or other proprietary notice that appears on the material You access, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Application, or use of the Application for purposes competitive to SecondFloor, is expressly prohibited. SecondFloor does grant the End User an unlimited, perpetual license to use and download floor plans created by the application which includes the right to modify, change, and create derivative works of any floor plans created by the Application.
- Third Party Materials. The Application may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that SecondFloor is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. SecondFloor does not assume and will not have any liability or responsibility to You or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to You, and Your access and use them is entirely at Your own risk and subject to such third parties’ terms and conditions.
- Violation of this Agreement. Any use of the Application or Services in violation of this Agreement may result in, among other consequences, termination or suspension of Your rights to use the Services.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES AND APPLICATION IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. SECONDFLOOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SECONDFLOOR MAKES NO PROMISES REGARDING RESULTS OF USING THE SERVICES AND SECONDFLOOR MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY APPLICATION THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, WIRELESS DEVICE, OR COMPUTER SYSTEM, OR DATA THAT RESULTS FROM THE USE OF THE APPLICATION OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. YOU AGREE THAT SECONDFLOOR, ITS OWNERS, OFFICERS, AND EMPLOYEES SHALL IN NO WAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY: YOUR USE OF OR INABILITY TO USE THE SERVICES; YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE INFORMATION FOUND ON THE APPLICATION; OR THE SAFETY OR SECURITY OF THE SERVICES, EVEN IF SECONDFLOOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE.
- You agree to indemnify and hold harmless SecondFloor, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that You have used the Application or Services in violation of another party’s rights, in violation of any law, in violations of any provisions of this Agreement, or any other claim related to Your use of the Application or Services.
- Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Governing Law and Venue. Your use of the Application and this Agreement shall be governed by the laws of the State of Alabama where permitted. Should a dispute arise concerning this Agreement or the breach of this Agreement by any party, such dispute shall be brought in a court of competent jurisdiction in Morgan County, Alabama. To the extent permitted by law, You agree that You will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that You may have against SecondFloor. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit.
- Attorneys’ Fees. In the event that SecondFloor must bring legal action in order to enforce this Agreement or You bring legal action against SecondFloor, and if SecondFloor prevails, You shall pay SecondFloor’s costs of litigation, including reasonable attorneys’ fees and court costs.
- Notice and Service of Process. All notices, requests, claims, demands and other communications to SecondFloorshall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person or by registered or certified mail (email is not considered a valid method of communication for service of process to SecondFloor). End User shall send notices to SecondFloor (other than service of process) at email@example.com or the following address (which shall include service of process): Right Home Media Inc., 2313 Cumberland Ave SW, Decatur, AL 35603 SecondFloor is authorized to send any notices to an End User under this Agreement to the mailing address, facsimile number and/or e-mail address associated with such End User’s Apple Account, as such information may be updated by End User from time to time. In the event that an End User does not have a valid mailing address, facsimile number and/or e-mail address associated with End User’s Apple Account, End User agrees that service of process through the Secretary of State where End User resides, shall be deemed effective service of process.
- These terms of this Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You and/or the Organization, but may be assigned by SecondFloor without restriction.
- Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, pandemic, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.