End-User License Agreement (“EULA”)

1. Introduction

Dalux is a ConTech software company, focusing on BIM (Building Information Modelling). Dalux ApS, which is the parent company, company no.: 28509839, has its headquarter in Copenhagen, Denmark (hereafter referred to as “Dalux”).

Dalux, and its affiliates, executes license agreements (“License Agreement”) with its customers, e.g. main contractors, building owners or advisors (“Customers”) for the use of Dalux’ SaaS solution (the “Services”). The Customer, or a third party appointed by the Customer, has invited you, as a user, to one or more of its instances in the Services.  

This End-User License Agreement (“EULA”) sets out the terms and conditions for your use of the Services.

2. Use rights

Subject to acceptance of these terms, you may, as an individual user access and use the Services.

Your use rights under this EULA is limited to accessing the Services and performing the tasks required by you under your contractual relationship with the Customer.

3. Intellectual Property

Dalux reserves all right, title and interest in and to the Services and any intellectual property rights not granted to the Customer under the License Agreement.

4. Personal Data

For information about how Dalux collects and uses your personal data, reference is made to the Privacy Policy available at https://www.dalux.com/privacy-policy which is accepted by you as an integral part of this EULA. 

5. Your responsibilities

You may only access the Services with your own personal user-account, which may not be shared with others.

You are responsible for your acts and omissions when using the Services. You must use the Services responsibly, and not upload or share materials or content which is infringing third parties rights, may it be intellectual or personal, including inappropriate or offensive materials, or any other materials which is unlawful under applicable laws. The Customer and Dalux may hold you accountable for this, and Dalux reserves the rights to revoke your access in cases where this EULA is not complied with.

As a user, you may be exposed to APIs or third party material integrations in the Services. The use of the features will require that the you have a necessary license to such third party material, e.g. Microsoft Office 365. The use of third party features will be subject to the license terms between the third party and you (or if relevant, your employer or the Customer). 

6. Term

This EULA is applicable as long as you are using the Services.

7. Disclaimer and liability

The use of the Services under this EULA is provided AS-IS and without any liability whatsoever by Dalux. Any legal responsibilities or liabilities of Dalux will be agreed in the License Agreement executed between the Customer and Dalux or a Dalux affiliate.

8. Updates of the EULA

Dalux may reasonably update the EULA from time to time at its discretion. It is your responsibility to comply with the latest version of the EULA.

9. Governing law and dispute resolution

The validity, interpretation and performance of the EULA shall, unless otherwise agreed in the License Agreement, be governed by and construed under the applicable laws of Denmark and without giving effect to the principles of conflict of laws. The Parties specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods. 

Any legal suit, action or proceeding arising out of or relating to the EULA shall, unless otherwise agreed in the License Agreement, be instituted in the local courts of Copenhagen, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

10. Miscellaneous

If any provision of this EULA is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed to be severed from this EULA, and the remaining provisions shall continue in full force and effect, to the extent permitted by law. The parties agree to negotiate in good faith to replace any invalid, illegal, or unenforceable provision with a valid and enforceable provision that most closely achieves the original intent of the parties.

11. Contact information 

If you have any questions to this EULA, you can reach out to legal@dalux.com