This agreement will govern the purchase and use of the services provided through the website jumpintodesign.com, property of Jump Into Reality S.L., from now on PROVIDER.
Jump Into Reality® is a technology company, based in Spain, that develops and sells applications and platforms based on Virtual Reality and Augmented Reality.
The acceptance of this document implies that the USER:
- has read and understood what is set out in this agreement.
- is a person with sufficient capacity to enter into a legal agreement and is over 18 years of age.
- assumes all the obligations set forth herein.
These conditions will be valid for an indefinite period and will be applicable to all agreements entered into through the PROVIDER's website.
The PROVIDER informs that the supplier of the services has knowledge of the current legislation in the countries in which it offers the services, and reserves the right to unilaterally modify these conditions. Such changes will not affect the goods or promotions that were acquired prior to the change.
Identity of the contracting parties
On the one hand, the supplier of the goods or services acquired by the USER is Jump Into Reality S.L., with registered office at C/ Conde de Aranda, 22 - 28001 Madrid (Spain), NIF B-87867784.
On the other hand, the USER, consumer or legal person, professional or company, registered on the web site by means of a user name and password, over which they have full responsibility for the use and custody, and are responsible for the veracity of the personal data provided to the PROVIDER.
Purpose of the agreement
The purpose of this agreement is to regulate the contractual relationship of sale and purchase between the PROVIDER and the USER when the latter ticks the corresponding box during the online contracting process.
The contractual relationship of purchase and sale entails the delivery, in exchange for a specific price, which is publicly displayed on the website, of a specific service. In this case, the service is the JUMP into DESIGN®'s application and platform.
The USER will select a user name and a password, will commit to use such credentials diligently and not make them available to third parties. The USER will also commit to inform the PROVIDER of their loss or theft or of the possible access to their account by an unauthorized third party, so that the PROVIDER may proceed to block the USER’s account immediately.
Once the user account has been created, the USER is informed that, in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the subscription process will follow the following steps:
- General subscription clauses.
- Services download.
- Right of withdrawal.
- Force majeure.
- User’s rights.
- General conditions of the offer.
- Price and validity of the offer.
- Free trial period.
- Form of payment and charges.
- Purchase process.
- Support and maintenance.
- Applicable law and jurisdiction.
1. GENERAL SUBSCRIPTION CLAUSES
Unless otherwise stipulated in writing, the subscription of the services supplied by the PROVIDER implies the acceptance by the USER of the legal terms detailed in this agreement. The USER may not include any additional clauses to this agreement unless such clauses have been explicitly accepted in advance and in writing by the PROVIDER.
Application: the Application is called JUMP into DESIGN®. This application, which the USER must download to their computer, allows designers of all kinds to create interior design projects and share the content generated by them with their clients, in real time. The projects are stored safely in the cloud, in Amazon AWS servers.
Description of the Services: through this website, the PROVIDER makes available to the USER the aforementioned application along with the services related to the functional and evolutionary maintenance of such Application, as detailed in the user licence of the selected Payment plan.
Minimum system requirements:
- Operating System Windows 10 64 bits
- 8GB of RAM
- Intel I5 processor of at least 5th generation (year 2015)
- At least 5 GB free hard disk space
- Any web browser
Recommended system requirements:
- Operating System Windows 10 64 bits
- 8GB of RAM
- Intel i7 processor
- Dedicated graphics card with at least 3GB of RAM, compatible with DirectX 11
- 10 GB free hard disk space
- Any web browser
Incompatibilities: at present, the Application may not be executed with other operating systems or on other types of devices.
Payment plans: in order to use the Application, different Payment plans with different prices and features have been established. Prices may vary over time and the PROVIDER commits to keep this information fully updated on this website.
There are currently 4 Payment plans: Forever, Starter, Advanced and Unlimited. For more information, please visit the "Payment plans" page.
Agreement: it refers to the subscription to the Payment plan selected by the USER, as defined below, and the acceptance of the rest of the Terms and Conditions, policies and notices available on this website.
2. SERVICES DOWNLOAD
In order to complete the registration process, the USER will have to provide an email and a password. A verification code will be sent to the email provided which the USER will have to type in the designated field on the jumpintodesign.com page ‘Verify your account’. The PROVIDER will not activate the USER's registration until it has verified that payment has been made for the selected Payment plan, except in the case of the 'Forever' Payment plan.
Once the USER has completed the registration process and has accessed the platform using their credentials (sign in), they must go to the 'Downloads' page on the website jumpintodesign.com and follow the instructions on the screen.
As the purchase does not involve the physical delivery of any product, and as the services are downloaded directly from the website, the PROVIDER will inform the USER beforehand of the procedure to be followed to carry out this download.
3. RIGHT OF WITHDRAWAL
The Application is intended for use by professionals and companies, which does not imply that a USER may not purchase a Payment plan as an individual. In this case, the USER will be considered as a consumer and therefore, provided that the conditions indicated below are met, they are entitled to the right of withdrawal:
Right of withdrawal for Consumers:
According to the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, consumers and users will have the right to withdraw from the contract for a period of 14 calendar days for any reason and without incurring any costs other than those indicated in Articles 107.2 and 108 of the said RD, except for the exceptions provided for in Article 103, i.e:
(m) The supply of digital content which is not delivered via a physical medium and whose execution has begun with the prior express consent of the consumer and user with their prior knowledge that they would lose their right of withdrawal, as a consequence of the execution of the digital content
Therefore, and given that the services sold by the PROVIDER are solely digital content, the consumer and USER may exercise their right of withdrawal so long as the content has not been downloaded.
If these conditions are met, the USER must notify the PROVIDER as soon as possible and always within the 14-day period granted by law, whereas the PROVIDER must send the USER a form for the exercise of the withdrawal, together with the corresponding acknowledgement of receipt of the request and proceed to reimburse the amounts paid by the USER.
Professional users or companies:
Regulation referred to in the previous paragraph apply to consumers only.
Any claim that the USER considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:
- Jump Into Reality S.L. C/ Conde de Aranda, 22. 28001 Madrid (Spain)
Online Dispute Resolution, only applicable to Consumers
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides access to a free platform for the resolution of online disputes between the consumer USER and the PROVIDER, with no need to resort to the courts of law, but through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and it will speak with both parties in order to reach an agreement. It may also propose and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any failure to perform any of their obligations due to force majeure. The fulfilment of their obligation will be delayed until after the cause of the force majeure has ceased to exist.
6. USER’S RIGHTS
The USER may not assign, transfer or convey the rights, responsibilities and obligations under their Payment plan.
If any of the provisions in this agreement are declared invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.
The USER declares they have read, understood and accepted these General Conditions in their entirety.
7. GENERAL CONDITIONS OF THE OFFER
All sales and deliveries made by the PROVIDER will be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of Jump Into Reality S.L. or to what is stipulated here, will have effect, unless explicitly agreed in writing and signed by the PROVIDER. Only in the latter case, these specific agreements will prevail.
The services are subject to ongoing technical advances and improvements. Therefore, the PROVIDER reserves the right to modify the specifications with respect to the published information. This right does not apply to the services already purchased by the USER. The right to modify the specifications will also apply in the event that, for any reason, the provision of the services offered is affected.
8. PRICE AND VALIDITY OF THE OFFER
The prices indicated for the Payment plan do not include Value Added Tax (VAT) or other taxes that may be applicable.
The prices applicable to each Payment plan are those published on the website and are in EURO.
Except for the first Payment plan ("Free"), the rest of the Plans may be contracted and paid on a monthly or annual basis, obtaining the USER, with this second option, a significant reduction in the cost of the same.
Any payment made to the PROVIDER is accompanied by the issue of an invoice in the name of the registered USER or of the company name indicated at the time of placing the order, provided that they have entered all the tax details in the 'My account' page in jumpintodesign.com.
For any information on the subscription, the USER may contact the PROVIDER writing to firstname.lastname@example.org.
9. FREE TRIAL PERIOD AND PLANS
The USER will be able to enjoy a free trial period of the service for 15 days when they subscribe to any Payment plan.
At the expiry of the free trial period, the USER may choose to subscribe to one of the Payment plans. If the USER does not subscribe to any plan at the expiry of the trial period, they will automatically be awarded indefinite access to the free plan available at the time (currently the 'Forever' plan).
10. FORM OF PAYMENT AND CHARGES
The PROVIDER currently only admits the form of payment indicated below. When other forms of payment are enabled in the future, they will be included in this section:
We recommend that the USER print out the proof of the payment carried out via the payment gateway.
TThe USER is reminded that all credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the USER's card refuses, or, for any reason, does not authorise payment in favour of the PROVIDER, the latter will not be liable for any delay or non-delivery of the service, either before or after a payment attempt.
11. PURCHASE PROCESS
Payment plan 'Forever'
In order to download the Application and access the platform, the USER will simply need to enter an email account and a password. They will then receive an email with a verification code that must be entered on the 'Verify your Account' page on the website jumpintodesign.com.
If the USER does not subscribe to any Payment plan at the expiry of the trial period, they will automatically be awarded indefinite access to the free plan available at the time (currently the 'Forever' plan).
Other Payment plans
Once the USER has completed their trial period, they may purchase the subscription to the Payment plan that best suits their needs. In order to do so, they must provide their billing information such as name or company name, address, VAT number, etc. and phone number (optional).
Any Payment plan may be purchased by paying a monthly or an annual subscription fee.
12. SUPPORT AND MAINTENANCE
All the services offered through the website include support as well as maintenance service in the price of the Plan selected.
Ways to contact Jump Into Reality:
- Support and problems related to downloading:
- Mail: email@example.com
- Use of the Application:
- Mail: firstname.lastname@example.org
The USER promises and declares that:
- They have read, understood and agreed to be bound by these Terms and by all legal notices posted on jumpintodesign.com in connection with the Application.
- They will not use the name, logo, trademark or service mark of Jump Into Reality S.L. in the description of their services in a defamatory or derogatory manner, or in any way that could discredit the company.
- They will not make any promotional or marketing references to Jump Into Reality S.L. or our website without our express written permission.
- They acknowledge that there are computer system failures or technological breakdowns that may prevent access to the Application and that the transmission of data over the Internet may be subject to errors and delays.
- They will be subject to the restrictions included in the Terms and conditions of use of the SaaS services of JUMP Into DESIGN.
Jump Into Reality S.L. reserves the right to edit, update, modify, suspend, eliminate or terminate the services offered through the Application, including all or part of its content, without prior notice, as well as to modify the form or type of access to it.
The possible causes of the changes may be due to reasons such as adaptation to possible new legislation and changes in the Application itself, as well as those that may derive from existing codes of practice in the sector or for strategic or corporate reasons.
Jump Into Reality S.L. will not be responsible for the use of the Application by a minor, the downloading and use of the same being the sole responsibility of the USER.
The Application is made available to the USER "as is". Jump Into Reality S.L. does not guarantees that the Application serves and fulfils all the objectives of the USER. Notwithstanding the above, Jump Into Reality S.L. undertakes, to the extent of its possibilities, that it will contribute to improve the quality of the Application.
The responsibility for the use of the Application lies solely with the USER. Except for the provisions included in this agreement, Jump Into Reality S.L. is not responsible for any loss or damage that occurs in connection with the downloading or use of the Application, such as those caused by failures, breakdowns or blockages in the operation of the same, for example, and without limitation: error in the communication lines, defects in the hardware or software of the devices on which the Application is run or failures in the Internet network.
Similarly, Jump Into Reality S.L. may not be held responsible for any damage caused as a result of improper or inappropriate use of the Application by the USER.
The Application does not collect personal data hence Jump Into Reality S.L. will only be responsible to the USER for the hosting of the projects saved by the USER on its servers.
Conformity of the services with the Agreement
- Unless proven otherwise, the services will be understood to be in accordance with the Agreement provided that they meet all the requirements expressed below, unless the circumstances of the case make any of them inapplicable:
- They comply with the description made by the PROVIDER on the functions and characteristics of the Application.
- They are suitable to the uses for which services of the same type are normally provided.
- They are suitable to any special use required by the USER when they have made it known to the PROVIDER at the time of the acceptance of the agreement, provided that the latter has admitted that the service is suitable to this use.
- They present similar quality and performance of a service of the same type that the USER can reasonably expect, considering the nature of the service and, where appropriate, the descriptions of the specific characteristics of the services made by the PROVIDER.
- The PROVIDER has described the details, characteristics, minimum requirements, incompatibilities and images of the Application, prior to the USER’s subscription, and has given the USER the option of a trial period, free of charge, for 15 days.
- The lack of conformity resulting from a defective service will be equal to the lack of conformity of the service, when the delivery of the service is included in the Agreement and has been carried out by the PROVIDER or under its responsibility, or by the USER, when the defective service is due to an error in the instructions established in the Agreement.
- No liability will be incurred by Jump Into Reality S.L. for any lack of conformity which the USER is aware of or could not have been unaware of at the time the Agreement was accepted.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish law in those matters where this is not explicitly established. Both the PROVIDER and the USER agree to submit any controversy that may arise from the supply of the services subject to these Terms and Conditions, to the Courts and Tribunals of Madrid, Spain.
In case the USER is domiciled outside of Spain, the PROVIDER and the USER expressly renounce any other court and refer solely to the courts and tribunals closest to the city of Madrid (Spain).