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Terms and Conditions
Last Updated: 13 January 2025

These Terms and Conditions (the “Terms”) form a legally binding agreement between you (“User,” “you,” or “your”) and More Than Software LLC (“Company,” “we,” “us,” or “our”), governing your access to and use of our platform, services, and tools (collectively, the “Platform”). For the purposes of these Terms, the Platform may also be referred to as “Curbcore.” By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree, you may not use the Platform.

1. Company Information
Legal Entity Name: More Than Software LLC
Address: 1175 Peachtree Street NE, Suite 1000, Atlanta, Georgia 30361
Jurisdiction: State of Georgia, United States

2. Eligibility
1. You must be at least 16 years old to use the Platform. By accessing or using the Platform, you represent and warrant that you meet this eligibility requirement.
2. If you are using the Platform on behalf of a business or other legal entity, you represent that you are authorized to accept these Terms on that entity’s behalf.

3. User Types and Access
1. Patrons and Consultants: Individuals who access the Platform as clients or partners of Professional Members.
2. Professional Contributors: Individuals within an office or team who use the Platform under a shared or limited-scope account hosted by a Professional Members.
3. Professional Members: Professionals or businesses on paid subscription plans who can host projects and invite employees, clients, and collaborators.

Please consult your specific subscription plan to understand the features and limitations that apply to your account.

4. Core Features and Limitations
1. Features: The Platform offers file storage, 3D model sharing, augmented reality (“AR”) tools, artificial intelligence (“AI”) services, scheduling functionalities, and collaboration features.
2. Usage Limits: Your usage is subject to limitations on team size, file storage capacity, and other metrics, as specified in your applicable subscription plan.

5. Intellectual Property (User-Uploaded Content)
1. Ownership of Content: You retain all rights to any designs, models, images, or other content that you upload or create using the Platform (collectively, “Content”).
2. Limited License to the Company: By uploading or otherwise making Content available through the Platform, you grant the Company a non-exclusive, worldwide, and royalty-free license to:
2a. Operate and Improve the Platform: This includes processing, analyzing, and using your Content internally to maintain and enhance the Platform’s functionality, user experience, and related services, including training AI models.
2b. Use in Anonymized Form: We may use anonymized or aggregated data derived from your Content for analytics, algorithm training, or other product development purposes, provided that such data does not reveal your identity or any confidential details of your Content.
3. No Third-Party Sharing or Public Display Without Consent: We will not publicly display, share with third parties for commercial gain, or otherwise use your Content for promotional or marketing purposes without your express prior consent.
4. Representations and Warranties: You represent and warrant that you have all necessary rights to upload the Content and to grant the limited license described above, and that your Content does not violate any law or infringe any third-party rights.

6. Prohibited Conduct
You agree that you will not, and will not permit anyone else to:
1. Violate Laws or Regulations: Engage in any activity that breaches any applicable local, state, national, or international law or regulation.
2. Infringe Intellectual Property or Privacy: Upload, post, or otherwise share illicit, pornographic, defamatory, infringing, or unauthorized copyrighted materials.
3. Reverse Engineer or Replicate: Reverse engineer, decompile, copy, distribute, or attempt to replicate the Platform or any of its proprietary tools, features, or underlying technologies.
4. Conduct Malicious Activities: Use the Platform to harm or harass others, introduce malware, or engage in fraudulent or malicious activities.
‍5. Use Abusive Language: Post or transmit content deemed abusive, threatening, or otherwise inappropriate.

We reserve the right to monitor user activity and to remove or block any content or users that breach these Terms.

7. Account Management
1. Account Creation: You must create an individual account to use certain features of the Platform. Shared login credentials are prohibited.
‍2. Account Termination:
2a. By You: You may terminate your account at any time by following the instructions provided on the Platform or by contacting us directly.
2b. By Us: We reserve the right to suspend or terminate your account at our discretion, with or without cause or notice, including for any violation of these Terms.

8. Subscriptions and Payments
1. Subscription Plans: We may offer monthly, annual, or other subscription plans, including free trials and promotional discounts. Your access to certain features depends on the plan you select.
2. Payment Processing: Payments are processed securely through third-party payment processors such as Stripe. We do not store your payment information.
3. Payment Failure and Downgrade/Suspension:
3a. If your payment fails, we may automatically downgrade or suspend your account until the outstanding payment is resolved.
3b. The specifics of any downgrade or suspension will depend on the nature of your subscription plan and the amount owed.
4. Refund Policy and Exceptions:
4a. No General Refunds: Except as required by applicable consumer protection laws or other statutory requirements, all subscription fees are non-refundable to the maximum extent permitted by law.
4b. Compliance with Law: Where certain jurisdictions enforce statutory rights of cancellation or refunds (e.g., chargebacks, consumer protection laws), we will comply with the applicable local laws.
4c. Partial or Pro-Rated Refunds: If required by law, any refunds will be provided on a pro-rated basis as determined by the applicable statutes and the nature of your subscription.

9. Data Collection and Privacy
1. Types of Data Collected: We collect personal and project-related data, such as names, email addresses, user activity logs, and uploaded files. Payment details are handled exclusively by our third-party payment providers.
2. Use of Data: We use collected data for Platform functionality, analytics, improving our AI services, and various partnerships. We may combine and anonymize your data for aggregated insights.
3. Data Sharing: We do not share personal or project-specific information with third parties without your explicit consent, except as necessary to provide the Platform, comply with legal obligations, or protect our rights.
4. Data Storage and Retention:
4a. We generally retain data (including uploaded files and personal data) for up to two (2) years following the termination of a subscription unless a shorter or longer retention period is required by law, regulation, or internal compliance needs.
4b. If a user requests data deletion or account termination, we will aim to delete the relevant data within two (2) months of confirming the request, unless we are legally or contractually required to retain it longer.
5. Privacy Policy: Your use of the Platform is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review the Privacy Policy for more detailed information.

10. Liability and Disclaimers
1. Provided “As Is”: The Platform is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
2. No Guarantee of Uptime: We do not guarantee the Platform will be error-free or continuously available.
3. Limitation of Liability: To the maximum extent permitted by law, in no event shall the Company, its affiliates, suppliers, or licensors be liable for:
3a. Loss of data, loss of profits, cost of procurement of substitute goods or services, or any consequential, incidental, indirect, or special damages.
3b. Project delays, missed deadlines, dissatisfaction with designs, or any other losses arising out of or related to your use of the Platform.
4. User Responsibility: You agree to indemnify, defend, and hold harmless the Company from any claims arising out of your actions, Content, or misuse of the Platform.

11. Dispute Resolution and Arbitration
1. Binding Arbitration: All disputes arising under or in connection with these Terms shall be resolved exclusively through final and binding arbitration conducted in the State of Georgia, United States, in accordance with the Commercial Rules of the American Arbitration Association (“AAA”).
2. Class Action Waiver: By using the Platform, you waive your right to a jury trial and to participate in any class or representative actions.
3. Enforcement: Any arbitration award shall be final and enforceable in any court of competent jurisdiction.

12. Intellectual Property (Platform)
1. Ownership: The Platform, including but not limited to its software, AI features, user interfaces, and proprietary algorithms, is and remains the exclusive property of the Company.
2. Restrictions: You may not modify, distribute, sublicense, or otherwise reproduce the Platform or any portion thereof without our explicit, prior written consent.

13. Promotional Use and Feedback
1. Anonymized and Aggregated Data: We may use anonymized or aggregated data from your usage of the Platform for analytics, research, or product development.
2. Feedback License: If you submit any suggestions, improvements, or feedback regarding the Platform, you hereby grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such feedback in any of our products or services.
3. Screenshots and Demonstrations: If we wish to display screenshots or demonstrations of the Platform using your Content, we will first obtain your explicit consent unless the content is fully anonymized or stripped of any identifiers that could link it to you or your projects.

14. Modifications to Terms
1. Updates: We may modify these Terms from time to time. If we make material changes, we will notify you by updating the “Last Updated” date at the top of these Terms, and, where appropriate, via additional notifications (e.g., email).
2. Acceptance of Changes: Your continued use of the Platform after any updated Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Platform.

15. General Provisions
1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict-of-law principles.
2. Severability: If any provision of these Terms is held to be invalid or unenforceable by an arbitrator or court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
3. Entire Agreement: These Terms, together with the Privacy Policy and any other policies or legal notices we publish, constitute the entire agreement between you and the Company regarding your use of the Platform, superseding any prior agreements.
4. No Waiver: Any failure by the Company to enforce a provision of these Terms shall not be deemed a waiver of future enforcement of that or any other provision.

By accessing or using the Platform (also known as “Curbcore”), you acknowledge that you have read, understood, and agree to be bound by these Terms.

For any questions or clarifications, please contact us at: team@curbcore.com