Terms of Service

Effective Date: 16th December 2023

Company: Onfigr ltd (trading as FloorWIZ)

Registered in England and Wales

1. Agreement

These Terms of Service (“Terms”) govern access to and use of the FloorWIZ platform (“Service”) provided by onfigr ltd (“FloorWIZ”, “we”, “us”, “our”).

By:

• Creating an account
• Accessing the Service
• Subscribing via Stripe

you agree to be legally bound by these Terms.

If you are entering into this agreement on behalf of a company, you confirm you have authority to bind that entity.

2. The Service

FloorWIZ is a cloud-based software platform that enables users to:

• Upload images of spaces
• Apply and configure flooring products
• Generate visualisations for commercial or consumer use

We may enhance, modify, or discontinue features at any time, provided this does not materially reduce core functionality during an active subscription term.

3. Licence Grant

Subject to these Terms, we grant you a:

• Non-exclusive
• Non-transferable
• Non-sublicensable

licence to use the Service for your internal business purposes.

You may not:

• Resell, white-label, or commercially exploit the platform without written agreement
• Reverse engineer, decompile, or attempt to extract source code
• Use the platform to develop a competing product

4. Accounts & Access

You agree to:

• Provide accurate account information
• Maintain security of credentials
• Be responsible for all usage under your account

We may suspend access if:

• There is suspected unauthorised use
• You breach these terms
• Payment obligations are not met

5. Subscription, Billing & Payment

5.1 Billing

• The Service is provided on a subscription basis
• Payments are processed via Stripe
• Fees are billed in advance

5.2 Auto-Renewal

Subscriptions automatically renew unless cancelled prior to renewal.

5.3 Taxes

Fees are exclusive of applicable taxes (including VAT or US sales tax where applicable).

5.4 Failed Payments

We may:

• Retry payments
• Suspend or restrict access
• Charge reasonable administrative costs for failed transactions

6. Fair Use & Usage Limits

To ensure platform stability and performance, we apply fair use principles.

You may not:

• Excessively upload, process, or render content in a way that degrades system performance
• Use automated scripts or bots beyond normal platform usage without permission

We reserve the right to:

• Apply usage caps
• Throttle performance
• Require migration to a higher-tier plan

7. Customer Content & Data Rights

7.1 Ownership

You retain ownership of all content you upload (“Customer Content”).

7.2 Licence to FloorWIZ

You grant us a worldwide, non-exclusive licence to:

• Host
• Process
• Render
• Display

your content solely to provide and improve the Service.

7.3 Responsibility

You confirm:

• You have all necessary rights to your content
• Your content does not infringe third-party rights

7.4 AI / Processing Disclaimer

Where AI, automation, or image processing is used:

• Outputs are generated algorithmically
• We do not guarantee accuracy or suitability for all use cases

8. Intellectual Property

All rights in the Service remain with FloorWIZ, including:

• Software architecture
• Rendering pipelines
• Visualisation techniques
• Data processing systems

No rights are granted except as expressly set out in these Terms.

9. Commercial Use

You may use FloorWIZ outputs for:

• Marketing
• Sales
• Customer engagement

However:

• You are solely responsible for how outputs are presented to end users
• FloorWIZ does not guarantee that visualisations represent exact real-world outcomes

10. Data Protection & Privacy

We process personal data in accordance with our Privacy Policy and applicable laws, including:

• UK General Data Protection Regulation
• Data Protection Act 2018

Where applicable, we act as a data processor on your behalf.

You are responsible for:

• Obtaining necessary consents from your users
• Ensuring lawful use of uploaded images

11. Availability & SLA Positioning

We aim to provide high availability but do not guarantee uninterrupted service.

We may:

• Perform scheduled maintenance
• Deploy updates
• Modify infrastructure

Unless explicitly agreed in writing, no formal SLA applies.

12. Warranties Disclaimer

The Service is provided “as is” and “as available”.

We disclaim all warranties, including:

• Fitness for a particular purpose
• Accuracy of outputs
• Non-infringement

13. Limitation of Liability

To the fullest extent permitted by law:

We shall not be liable for:

• Loss of profits
• Loss of business
• Loss of data
• Indirect or consequential damages

Our total liability shall not exceed:the total fees paid by you in the 12 months preceding the claim.

14. Indemnity

You agree to indemnify and hold FloorWIZ harmless against claims arising from:

• Your use of the Service
• Your Customer Content
• Your breach of these Terms

15. Termination

15.1 By You

You may cancel at any time. Access continues until the end of the billing period.

15.2 By Us

We may terminate or suspend access:

• For breach
• For non-payment
• Where required by law

15.3 Effect of Termination

• Access to the Service ceases
• Data may be deleted after a reasonable retention period

16. Changes to Terms

We may update these Terms from time to time.

Material changes will be notified. Continued use constitutes acceptance.

17. Governing Law & Jurisdiction

These Terms are governed by the laws of England and Wales.

Disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

18. General

• These Terms constitute the entire agreement
• If any provision is invalid, the remainder remains in force
• Failure to enforce any right does not waive it

19. Contact

If you have questions about these Terms, please contact [email protected]