Go Visual
Terms of Use
1. General
1.1 These general terms of use (hereinafter “Terms”) apply to the use of the service Go Visual (hereinafter “Service”) provided by Go Visual Oy (hereinafter “Service Provider”). The Service may include a virtual tour of the Client’s property (hereinafter “Client”), photographs, floor plans, or other visual photography or video products. The Client and Service Provider agree on the content of the Service in more detail in connection with each order. These Terms apply unless otherwise specifically agreed with the Client.
1.2 Using the Service requires that the Client (“Client”) provides the information requested by the Service, such as contact details or other information necessary to use the Service. It is important to us that the information is accurate and correct. If this information changes, the Client must immediately notify the Service Provider of the updated information.
1.3 The Service Provider may modify these Terms from time to time, and the currently valid version can be found on the Service Provider’s website. By using the Service, the Client accepts the Terms in effect at the time of use. If a change to the Terms is significant, the Service Provider may, at its discretion, inform the Client of the change in a manner it chooses.
1.4 You agree to comply with these Terms as a Client when using the Service. If you use the Service on behalf of an organization, you agree to these Terms on behalf of that organization and represent that you have the authority to bind the organization to the agreement. The Service may only be used by an adult with legal capacity and in accordance with these Terms.
1.5 The Service Provider has the right to use the Client’s logo and name as a reference unless the Client specifically prohibits such use by notifying the Service Provider in writing.
2. The Service
2.1 The Service enables the delivery and uploading of information and files (“Information”) to the Service Provider’s servers and their further distribution to targeted recipients. These targeted recipients may include third-party services that the Service Provider uses to fulfill the Client’s Order. The Service offered may change as the Service Provider further develops the Service.
2.2 The Service Provider has the right, without consulting the Client, to block access to the Service or remove Information stored in the Service if the Service Provider suspects that inappropriate Information is being uploaded, if the use of the Service by other users may be jeopardized by the stored Information, or if these Terms are violated.
2.3 The Service Provider strives to keep the Service continuously available but may suspend its use or modify the content whenever necessary. The Service Provider may suspend the Service, for example, due to installation, maintenance, or updates, security threats, or requirements or instructions from law or authorities.
3. Ownership of the Service
Software and other technology related to the Service, as well as modifications, are solely the property of the Service Provider and/or third parties and may be protected by copyright or other intellectual property rights. No rights are granted to the Client to the software or technology other than the right to use the Service as set out in these Terms. These Terms do not grant any right to use the Service Provider’s or Service’s trade names, logos, domain names, or other brand identifiers. The Service Provider has the unrestricted right to use suggestions, comments, or proposals submitted to it without compensation.
4. Rights to Materials Provided by the Client
The Client retains ownership of the materials provided to the Service Provider for use of the Service (“Client Materials”).
To allow the Service Provider to provide high-quality Service to its Clients, the Client grants the Service Provider a non-exclusive, irrevocable, royalty-free, worldwide, and unlimited-time right to use the Client Materials freely in the Service Provider’s business. This right includes the right to further distribute and modify the materials.
5. Rights to Materials Produced for the Client
Ownership of materials produced for the Client remains with the Service Provider and/or a third party (“Service Provider Materials”). The Client must always credit the Service Provider as the source of photographs. This means that the Service Provider’s logo may not be removed from materials provided by the Service Provider:
I) Virtual Tour
The Service Provider grants the Client a revocable, non-exclusive, and non-transferable right to use the virtual tour on the Matterport platform and utilize its functionalities, such as embedding the Virtual Tour on their website.
The Service Provider grants the Client a revocable, non-exclusive, and non-transferable right to use the virtual tour on the Matterport platform and utilize its functionalities, such as embedding the Virtual Tour on their website.
II) Other Materials
The Service Provider grants the Client a revocable, non-exclusive right to use other materials delivered by the Service Provider in the Client’s business.
The Service Provider grants the Client a revocable, non-exclusive right to use other materials delivered by the Service Provider in the Client’s business.
6. Client Obligations Related to the Service
6.1 The Client is responsible for obtaining and maintaining at their own cost the devices, connections, and software required to use the Service.
6.2 The Client is responsible for using the Service, the content of Client Materials, and the exchange or delivery of information using the Service. The Client must protect the information and ensure backups. The Service Provider is not responsible for the loss or destruction of information or costs associated with restoring or storing information.
6.3 The Client must not use the Service for harassment, threats, or impersonation. The Client must not upload, transmit, or make available (a) illegal, harmful, threatening, discriminatory, defamatory, obscene, offensive, racist, objectionable, or privacy-violating content; (b) content infringing third-party intellectual property rights; or (c) spam, advertisements, or similar content. The Client must not upload or transmit viruses, worms, Trojans, or any harmful code. The Client must comply with applicable laws and not use the Service for illegal purposes.
7. Warranties and Liability
7.1 The Client warrants that (a) it has all necessary rights to use, exploit, and distribute Client Materials through the Service and in accordance with these Terms, and (b) Client Materials do not infringe the rights of any third party.
7.2 The Client is liable for all costs and claims presented to the Service Provider or its group companies arising directly or indirectly from the Client Materials or the Client’s breach of these Terms. The Service Provider may defend itself against such claims at its discretion.
7.3 If the Client modifies the Service Provider’s materials, the Client is responsible for those modifications.
8. Limitation of Liability
The Client uses the Service at their own risk. The Service is provided “as is,” and the Service Provider makes no warranties regarding the Service, its results, quality, non-infringement of third-party rights, or any other matter.
The Service Provider is not liable to the Client for direct or indirect damages. If the Service Provider is deemed legally liable, its maximum liability to the Client is fifty Euros.
9. Force Majeure
The Service Provider may postpone delivery, terminate the agreement, or modify the Service without liability if it is prevented from conducting business due to a reason beyond its control, which it could not reasonably have considered when entering into the agreement. Such events may include war, rebellion, civil unrest, compulsory requisition by authorities, import/export restrictions, natural disasters, public transport or energy interruptions, supplier delays, labor disputes, fires, or other equally significant reasons beyond the Service Provider’s control.
10. Confidentiality
Neither party nor their employees or group companies may use or disclose the other party’s confidential information to third parties except as permitted by these Terms. Both parties must handle the other party’s confidential information with at least the same care as their own, but in any case with reasonable care.
11. Assignment
The Client may not transfer these Terms or the agreement between the parties without the prior written consent of the Service Provider. The Service Provider may transfer the Terms and the agreement to a third party.
Failure of a party to exercise a right under these Terms does not limit the party’s right to invoke that or any other right later.
12. Validity
These Terms take effect when published. The Terms apply as long as the Service is used.
The Service Provider may terminate these Terms and the agreement immediately if the Client (i) is declared bankrupt or placed in liquidation, becomes permanently insolvent, or makes transfers favoring creditors, or (ii) materially breaches obligations under these Terms and does not remedy the breach within thirty (30) days of notice.
13. Applicable Law and Dispute Resolution
These Terms and the agreement between the parties are governed by Finnish law, excluding its conflict-of-law rules. All disputes arising from these Terms or the agreement will be finally settled by arbitration under the rules of the Arbitration Board of the Central Chamber of Commerce, with one arbitrator. The place of arbitration is Helsinki, and the language is Finnish; if one party is not a Finnish company, the language may be English. The arbitrator’s decision is final and binding on both parties and may be enforced by any competent court. Parties may seek interim relief.