Terms of Use
This English version is provided for reference only. If the English and Chinese versions differ, the Chinese version prevails.
Welcome to the website of LUXOR Digital Co., Ltd. (the "Company") and to IPCS Smart Construction Site, IPCS Smart BIM, and related services (collectively, the "Services"). These Terms of Use (the "Terms") set out the rules for using the website and the Services. For how personal data is handled, please see the Privacy Policy.
Article 1. Scope and Order of Precedence of Documents
- Browsing the website is subject to the provisions of these Terms that relate to the website. A paid contract for the Services is formed by an executed contract, or by the express agreement of both parties at the time of ordering. Where the customer is a company or organization, the contract must be accepted by a person with authority to bind it, and users within the organization use the Services under that organization's authorization.
- Where you and the Company have a separate executed contract, quotation, or quotation terms, the following order of precedence applies: the executed contract, the quotation, the quotation terms, and then these Terms. The features, quotas, and prices of a contract that has been formed are as stated in the documents, in that order of precedence, and do not change because of announcements on the website.
- These Terms do not exclude rights that cannot be excluded by law, including consumers' statutory rights.
Article 2. Accounts
- You must be at least 18 years old to register an account.
- The information you provide when registering and during use must be true and complete, and you must keep it up to date.
- Each account may be used by only one person. You must keep your account and password reasonably secure, and you are responsible for any use of your account, or any lapse in managing it, that is attributable to you. Liability arising from causes attributable to the Company, or from impersonation not attributable to you, is handled in accordance with applicable laws and the contract.
- Accounts may not be transferred, lent, leased, or resold to any third party outside the contract.
- If you discover that an account has been impersonated, or have other security concerns, please notify the Company immediately.
- The company name, Unified Business Number, contact person, and email address provided in an application must be accurate information of the applicant's own organization, and the applicant must be authorized to apply on that organization's behalf. If the information is false, if another party's name is used without authorization, or if a competitive relationship with the Company is concealed, the Company may reject the application, terminate the trial, or suspend or terminate the account. If the Company suffers damage as a result, the applicant and the applicant's organization are liable to compensate the Company.
- The Company may verify the information in the preceding paragraph against publicly available government company registration or tax registration records, and may ask you to provide supporting documents. If you do not provide them within a reasonable period, the Company may suspend the trial or the account.
Article 3. Services and Plans
- The Services' features, number of accounts, number of projects, and storage quota depend on the plan you purchase and the documents described in Article 1.
- Different plans include different features. Some features may be available only on certain plans or in certain regions.
- The Company may add or adjust features to improve the Services. During the contract term, the Company must obtain your consent before materially reducing a main feature that you have paid for. If the Company is unable to continue providing the agreed Services, you may terminate the affected portion, and the Company will refund fees pro rata for the period during which the Services were not provided.
- Records provided by the Services are for your management use and do not replace statutory books and records, certifications, or government filings. You and your professionals are responsible for site safety, construction quality, schedule, regulatory compliance, and on-site management.
- The number of accounts under a plan is counted as the number of accounts enabled at any one time; disabled or deleted accounts are not counted. A slot must be available before you can enable an account.
Article 4. Trials
- The Company may offer free trials. Before a trial begins, the trial page will explain the trial period, feature limitations, how data can be exported, and the rules for retaining and deleting data after the trial ends.
- Whether a trial converts to a paid plan, and how a contract is formed, are governed by the express terms on the application page. A trial will not convert to a paid plan automatically without a separate order from you.
Article 5. Fees and Payment
- The prices, payment methods, and service periods of paid plans are as stated in the documents described in Article 1. All prices shown on the website and in plan descriptions include business tax.
- Before the service period expires, the Company will notify you about renewal. If the contract is not renewed or payment is not made by the expiration date, the Company may suspend or terminate the paid service.
- If you stop using the Services on your own during the contract term, fees already paid are non-refundable, and unpaid installments remain payable under the contract. However, if the contract is terminated for reasons attributable to the Company, is rescinded or revoked in accordance with law, or is canceled by you in exercise of a consumer's statutory right of cancellation, refunds, settlement of accounts, and compensation are handled in accordance with the contract and applicable laws.
Article 6. Fair Use
- The Services are intended for your engineering and management work. The limits, quotas, and criteria for fair use are stated in the plan description or the quotation before you order.
- The following fall outside fair use. The Company may ask you to adjust your usage or to discuss an upgraded plan; any excess charge or upgrade requires the agreement of both parties:
- Bulk scraping with automated programs, or other data transfers that clearly exceed ordinary engineering use or affect service stability.
- Using the Services as a general-purpose cloud drive to store files unrelated to engineering management.
- Without the Company's consent, embedding models or data in public websites, displaying them on a continuous loop in public venues, or making them viewable by an unspecified audience.
- Exporting your own data by the means the Company provides is not a violation of fair use merely because of the volume of data.
- Share links are for viewing by the people involved in your projects. Each link is valid for up to 90 days, and you may revoke it at any time. The number of links you can issue each month is stated in your plan description. Links are counted as generated, so one link viewed by multiple people counts as 1. People who view a link do not need an account for the Services and do not count toward the plan's number of accounts. If a link is posted publicly or given to an unspecified audience, the Company may disable the link and notify you by email. If the number of times a single link is opened clearly exceeds the ordinary use of project participants, the Company may, after notifying you by email, limit the number of times that link can be opened or disable it.
Article 7. Prohibited Conduct
You agree not to engage in the following conduct:
- Accessing, or attempting to access, the Services, or the systems, networks, or data of the Company or other users, without authorization.
- Distributing viruses or malware, or interfering with or disrupting the normal operation of the Services.
- Impersonating another person, or falsifying the source of data.
- Uploading content that infringes the intellectual property, privacy, or other rights of others.
- Uploading content that is unlawful, threatening, harassing, defamatory, obscene, or discriminatory.
- Using the Services to post advertisements or solicit business without the Company's written consent.
- Violating any applicable law.
- Having multiple people share one account, or taking steps such as alternately disabling and enabling accounts or changing who uses an account, so that the number of people actually using the Services exceeds the number of accounts in your plan.
The Company may determine whether the circumstances in Subparagraph 8 of this Article exist based on system records, including records of account creation, disabling, enabling, deletion, and data changes, as well as login times, devices, and connection addresses. If the Company determines that such circumstances exist, it will notify you by email and explain its reasons, and you may provide an explanation or make corrections within 14 days after the notice is delivered. If you do not do so by the end of that period, the Company may:
- Charge you the fee difference, calculated at the price of the plan that applies to the actual number of users, from the date the circumstances arose.
- Adjust your plan to one that matches the actual number of users.
- Where the circumstances are serious or recur after notice has been given, suspend or terminate your account.
Provisions protecting the Services' software and designs are set out separately in Article 9.
Article 8. Your Data and Confidentiality
- Intellectual property rights in the files, models, photos, and data you upload to the Services ("Your Data") remain with you or the original rights holder. You authorize the Company to store, reproduce, process, and display Your Data to the extent necessary to perform the contract and to return or delete the data.
- In accordance with your instructions and the contract, the Company processes Your Data only to the extent necessary to provide and maintain the agreed Services, and does not use the personal data in it for the Company's own product development, model training, or marketing.
- You must confirm that Your Data is lawfully sourced and used, and must give the notices and obtain the consents that the law requires, including for photos and personal data of individuals who appear in Your Data. The Company continues to perform its statutory obligations as an entrusted processor and to maintain data security.
- Before the contract ends, you may download Your Data yourself. For 30 days after the contract ends, you may still retrieve Your Data by the means the Company provides; if login cannot be permitted because of an information security risk, the Company will provide a separate secure means of retrieval. When the 30 days expire, the Company will delete Your Data.
- Non-public information that either party obtains from the other through the Services, such as engineering models, drawings, quotations, and business information, may be used only to perform the contract and may not be disclosed to outsiders, except where disclosure is required by law or the information is already public. This paragraph remains in effect after the contract ends.
Article 9. The Company's Intellectual Property and Prohibition on Reverse Engineering
- All rights in the Services' software, source code, interface design, operating workflows, documentation, trademarks, and marks belong to the Company or its licensors. Under the contract you obtain only a right of use that is limited in time and scope; you do not obtain ownership of any of these rights. Without the Company's written consent, you may not reproduce, modify, lease, or sell the Services, or remove rights notices from them.
- You may not engage in the following conduct, and may not allow any third party to do so:
- Analyzing, obtaining, or reconstructing the Services' source code, program logic, data structures, or interface design through reverse engineering, disassembly, decompilation, or any other means.
- Using the Services, or collecting their screens, programs, documents, or data, in order to develop, improve, or provide products or services that compete with the Services.
- Bulk-extracting the Services' screens, programs, or documents by automated means, or providing such content to a third party (including an artificial intelligence service) for analysis or reproduction.
- Applying for a trial of, or using, the Services as a business that competes with the Company, without the Company's written consent.
- The restrictions in the preceding paragraph do not apply to Your Data, to uses that the law does not permit to be restricted, or to matters governed otherwise by third-party license terms.
- If you breach Paragraph 2, the Company will notify you of the breach and give you a reasonable period to cure it. Where the circumstances are serious or there is an immediate information security risk, the Company may first suspend your account to the extent necessary. Termination of the contract, the treatment of fees, and compensation for damages will be determined according to the severity of the breach, the actual damages, and applicable laws. A breach of Subparagraph 2 or Subparagraph 4 of Paragraph 2 is deemed serious, and the Company may terminate the trial or the account directly, without a cure period.
Article 10. Feedback and Improvements
- The Company may freely adopt and modify any opinions, suggestions, requirements, or improvement ideas that you or your users give regarding the Services, including those raised in customer support, training, meetings, or other discussions ("Feedback"), and may use them in the Services and the Company's other products, without further consent and without paying any compensation, royalties, or revenue share.
- Copyright protects specific expression, not ideas, methods, or concepts (Article 10-1 of Taiwan's Copyright Act). The intellectual property rights in features, programs, interfaces, operating workflows, and documentation that the Company develops or improves on its own after referring to Feedback or discussing it with you ("Improvements") belong to the Company, and the Company may provide them to all customers. By providing Feedback or taking part in discussions, you do not acquire any right of joint ownership, license, exclusive use, priority use, or revenue sharing in Improvements.
- If the text, screen sketches, or descriptions of operating workflows that you provide to explain Feedback contain copyright-protected content, you agree that the Company may use that content (including by reproducing and adapting it) for the development, improvement, and provision of the Services and the Company's products, free of charge, without limit as to time or territory, and irrevocably. You also agree not to exercise, and to cause the author not to exercise, moral rights against the Company. Your Data under Article 8 is excluded.
- If the parties separately agree, in an executed contract or quotation, on the ownership, licensing, or revenue sharing of the results of joint or commissioned development, that agreement governs. Absent such an agreement, this Article applies; the results of commissioned development are also Improvements, and you may use them within the scope of the contract.
- Feedback itself (ideas, suggestions, and requirements) is not non-public information under Article 8, Paragraph 5. Your Data contained in Feedback, as well as engineering, quotation, and business information, remain subject to Article 8, and the Company will not disclose them to outsiders.
Article 11. Third-Party Devices and Services
- Access control devices, face recognition devices, and their vendors' systems are outside the scope of the Services. When integrating with access control devices, the Services receive only entry and exit records; they do not receive the face recognition feature data that the devices generate. You and the device vendor agree between yourselves on the procurement, installation, and maintenance of devices.
- The Services may display maps or data provided by third parties. The third party is responsible for that content.
- Third parties' responsibility for their devices and services does not affect the Company's liability for its own integration work and contractual obligations.
Article 12. Service Interruptions
- The Company will use its best efforts to keep the Services stable, but does not warrant that the Services will never be interrupted or will be error-free.
- The Company may suspend the Services for system maintenance, updates, or other necessary reasons, and will announce this in advance where practicable.
- The Company is not liable for interruptions caused by events that are not attributable to the Company and cannot be avoided even with reasonable measures, such as natural disasters or large-scale power outages.
- The Company may install security or other updates without separate notice.
Article 13. Limitation of Liability
- To the extent permitted by law, the Company is not liable for indirect damages, incidental damages, or loss of business.
- In business-to-business contracts, the Company's total liability for a single incident is capped at the service fees you actually paid to the Company in the 12 months before the incident occurred.
- No exclusion of liability or liability cap in these Terms applies to the Company's intentional misconduct or gross negligence, to liability that cannot be excluded by law, or to consumers' statutory rights. Nor do they limit the claims that persons who are not parties to the contract (such as individuals identified in Your Data) have under the law.
- If a third party makes a claim against the Company as a result of your unlawful act or a breach of contract attributable to you, you must bear the reasonable damages that the Company suffers as a result. The Company must promptly notify you and provide necessary assistance, and will not, without your consent, settle in a way that increases your burden.
Article 14. Termination
- If you breach these Terms, the quotation, or the contract, the Company may notify you to cure the breach within a set period. If the circumstances are serious or you fail to cure, the Company may suspend or terminate your account. A breach of Article 9 is handled under Article 9, Paragraph 4.
- After an account is terminated, how you retrieve your data is governed by Article 8, Paragraph 4.
Article 15. Amendments to These Terms
The Company may amend these Terms. It will announce the amendments and their effective date on its website and give reasonable advance notice. If an amendment would increase fees under an existing contract, or materially reduce your features or rights, it applies only with your consent or at the next renewal. Continued use does not substitute for an agreement that the law requires.
Article 16. Severability
If any part of these Terms is invalid or unenforceable under the law, the validity of the remaining parts is not affected.
Article 17. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of China (Taiwan). For disputes arising from these Terms or the Services, the parties agree that the Taiwan Taipei District Court shall have jurisdiction as the court of first instance. Where mandatory provisions of law on jurisdiction or consumer protection provide otherwise, those provisions prevail.
Article 18. Notices and Contact
- You agree that the Company may give you notices by electronic means such as email. A notice sent to the email address you registered or that is stated in the contract is deemed delivered at the time it would ordinarily be received. You must keep that email address able to receive messages, and update it promptly when it changes.
- If you have any questions about these Terms, please write to info@luxor.com.tw.
