PLEASE READ THIS SUPPLEMENTAL TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
These Terms of Use apply to this site, provided by ICON Technology, Inc. (“ICON,” “Company,” “we,” “us,” or “our”).
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
YOUR CONTINUED USE OF THIS SITE IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THIS SITE.
CONTINUED ACCESS AND USE OF THIS SITE AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.
This Supplemental Terms of Use Agreement for Vitruvius (Beta) (the “Agreement”) is a legal agreement exclusively between you and us governing your access to or use of the Vitruvius online platform and related applications that link to this Agreement (each a “Site,” and collectively “Sites”). This Agreement incorporates by reference and supplements the Terms of Use Agreement. Any capitalized term used but not defined in this Agreement has the meaning ascribed to it in the Terms of Use Agreement. In the event of any conflict between this Agreement and the Terms of Use Agreement, the terms and conditions of this Agreement will take precedence and control. By continuing to use our Site, you agree that such use is legally sufficient consideration under this Agreement.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERM “YOU” IN THIS AGREEMENT WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREMENT, YOU MAY NOT ACCESS OR USE THE SITE.
Last Updated: March 11, 2024
BETA TEST ACNOWLEDGEMENT
You acknowledge and agree that: (1) the Site is a beta test version of unreleased software and services that has not been fully tested and may contain bugs, defects and errors (collectively, “Errors”); (2) the Site may not contain functions or features that ICON may make available as part of a generally available version of the Site; and (3) ICON has no obligation to resolve any Error or otherwise provide maintenance or support for the Site.
LICENSE GRANT
Subject to your compliance with the terms and conditions of this Agreement in all material respects, ICON grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site only for your personal, non-commercial use in evaluating the Site and providing feedback to ICON as part of the beta test (the “Purpose”). Your access to and use of the Site does not grant you any ownership rights in any underlying models, algorithms, software and other technologies used to operate or maintain the Site or that are otherwise associated with the Site.
THIRD-PARTY COMPONENTS
Some components of the Site may be provided with or incorporate third-party components licensed under open source license agreements or other third-party license terms (collectively, “Third-Party Components”). Third-Party Components are subject to separate terms and conditions set forth in the respective license agreements relating to such components.
INPUT AND OUTPUT
You may provide input to the Site (“Input”) and receive output from the Site based upon your input (“Output”). As between you and ICON, and to the extent permitted by applicable law, you retain your ownership rights in Input, and you own the Output. In addition to the right and license you grant with respect to Your Content under the Terms of Use Agreement, you hereby grant ICON and its service providers an irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable (through multiple tiers), transferable right and license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, and have made Input and Output (in any form and any medium, whether now known or later developed) for any lawful purpose, including use in connection with the operation of the Site and maintaining, developing and improving the models, algorithms, software and other technologies associated with the Site.
Due to the nature of the Site and artificial intelligence generally, Output may not be unique and other users may receive similar output from the Site. You acknowledge and agree that your ownership of Output does not extend to output other users receive from the Site, and ICON may provide output to other users that is similar to your Output.
CONFIDENTIALITY
“Confidential Information” means any information that ICON identifies as confidential or proprietary or that should reasonably be understood to be confidential or proprietary given the nature of the information or the circumstances of its disclosure. Confidential Information includes any information relating to: Errors; feedback you provide to ICON as part of the beta test; the functions, features and performance of the Site; development or marketing plans for the Site; and all other non-public information relating to the Site.
You shall maintain Confidential Information in strict confidence, using the same degree of care that you use to safeguard your own confidential or proprietary information of like nature, but in no case less than reasonable care. You shall not disclose Confidential Information to any third party, provided that you may share Feedback with other beta testers of the Site in the Discord server maintained by ICON for that purpose. You may use Confidential Information only as necessary for the Purpose.
DISCLAIMERS
The Site, including any Output, is intended for informational and entertainment use only. You acknowledge and agree that the Output is not intended to be and should not be used as the plans, designs or other planning materials for the construction of any house or structure. Always consult architects, structural engineers, and other relevant professionals before using any plans, designs or other planning materials for the construction of any house or structure. The Output the Site provides does not take into consideration, and ICON expressly disclaims any representation or warranty that any Output complies with, any building codes, zoning ordinances or other applicable laws and regulations. You further acknowledge and agree:
Artificial intelligence and machine learning are emerging technologies that are rapidly changing and may be prone to errors;
You will independently evaluate Output for accuracy and appropriateness for your use case, including through human review as appropriate, before using or sharing Output;
If you share Output, you will attribute the Output to you and clearly indicate that the Output is AI-generated; and
You will not use or share Output in any way that is misleading or offensive, harms others, or violates applicable law.
UNITED STATES GOVERNMENT ENTITIES
This section applies to access to or use of the Site by a branch or agency of the United States Government. The Site includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (1) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (2) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government will acquire only those rights set forth in this Agreement with respect to the such items, and any access to or use of the Site by the United States Government constitutes: (a) agreement by the United States Government that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (b) acceptance of the rights and obligations herein.