Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and D3Companion GmbH, operating under the brand name Projected ("Company", "we", "us", or "our"), governing your access to and use of the Projected platform at projected.tech and all related services (collectively, the "Service").

By creating an account, subscribing to a plan, or using our Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization.

If you do not agree to these Terms, do not use the Service.

2. Description of Service

Projected provides a software-as-a-service (SaaS) platform for construction professionals, offering:

• AI-powered feasibility study generation for development projects
• Automated floor plan generation and optimization
• 3D modeling and visualization tools
• Financial analysis and project viability assessments
• Report generation and export capabilities

The Service is provided on a subscription basis and may be updated at our discretion.

3. Eligibility

To use our Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into contracts
• Not be prohibited from using the Service under applicable laws
• Provide accurate registration information

4. User Accounts

4.1 Account Creation: You must create an account with accurate and complete information, and keep this information up to date.

4.2 Account Security: You are responsible for maintaining the confidentiality of your credentials, all activities under your account, and notifying us immediately of any unauthorized access at [email protected].

5. Free Trial

We offer a 14-day free trial with full access to the platform. During the trial:

• You have access to all features of the Service
• No payment information is required to start the trial
• At the end of the trial, you may choose to subscribe to continue using the Service
• If you do not subscribe, your access will be suspended
• You will receive a reminder before the trial ends

The free trial is offered to allow you to evaluate the Service before committing to a paid subscription.

6. Subscription and Fees

6.1 Plans and Pricing: Subscription plans and pricing are available at projected.tech/pricing. Prices are displayed excluding applicable taxes.

6.2 Billing: Subscriptions are billed monthly. Your subscription automatically renews at the end of each billing period unless cancelled.

6.3 Payment Processing: Payments are processed by our third-party payment processor. You agree to provide accurate payment information and authorize recurring charges.

6.4 Price Changes: We may modify prices with at least 30 days' notice. Changes apply to the next billing cycle.

7. Cancellation

7.1 How to Cancel: You may cancel your subscription at any time through your account settings or by contacting [email protected].

7.2 Effect of Cancellation:

• Your subscription remains active until the end of the current billing period
• No further charges will be made
• Your data will be retained for 90 days after expiration, then may be deleted

8. Refund Policy

8.1 Free Trial Period: Since we offer a 14-day free trial with full platform access, you have the opportunity to fully evaluate the Service before any payment is made.

8.2 No Refunds After Trial: Once you convert to a paid subscription after the free trial, payments are non-refundable. By subscribing after the trial, you acknowledge that you have had sufficient opportunity to evaluate the Service.

8.3 EU Consumer Rights: If you are a consumer in the European Union, you have a statutory 14-day right of withdrawal for online purchases. However, by starting your paid subscription and using the Service, you expressly consent to immediate access and acknowledge that you waive your right of withdrawal once the service is provided.

8.4 Exceptions: We may consider refund requests on a case-by-case basis in exceptional circumstances (e.g., technical issues that prevented use). Contact [email protected] for such requests.

9. Intellectual Property

9.1 Our Property: All rights to the Service, including software, designs, trademarks, and content, are owned by D3Companion GmbH and protected by intellectual property laws.

9.2 Your Content: You retain ownership of content you upload ("User Content"). You grant us a limited license to use, process, and store your content solely to provide the Service.

9.3 Generated Outputs: You own all outputs generated by the Service using your data and inputs, including feasibility studies, floor plans, and reports. We retain no rights to your generated outputs. We may use anonymized and aggregated usage data to improve the Service, but will never share or expose your individual project data.

10. Acceptable Use

You agree not to:

• Violate any applicable laws or third-party rights
• Use the Service for fraudulent purposes
• Attempt unauthorized access to our systems
• Interfere with or disrupt the Service
• Reverse engineer or decompile our software
• Use automated means to access the Service without permission
• Resell or redistribute the Service
• Upload malicious content
• Share account credentials

11. Service Availability

We strive for high availability but do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, updates, or factors beyond our control. We may modify or discontinue features with reasonable notice for material changes.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim
• We are not liable for decisions made based on Service outputs

14. Indemnification

You agree to indemnify and hold harmless D3Companion GmbH from claims arising from your use of the Service, violation of these Terms, violation of third-party rights, or your User Content.

15. Data Protection

Our collection and use of personal data is governed by our Privacy Policy, incorporated into these Terms by reference.

16. Term and Termination

16.1 Term: These Terms remain in effect while you have an account or use the Service.

16.2 Termination by You: Cancel your subscription and delete your account through settings.

16.3 Termination by Us: We may suspend or terminate access immediately for breach of Terms, legal requirements, or harmful conduct.

16.4 Effect: Upon termination, your access ceases, you remain liable for outstanding fees, and data may be deleted after a retention period.

17. Governing Law and Disputes

17.1 Governing Law: These Terms are governed by the laws of the Federal Republic of Germany.

17.2 Jurisdiction: For business users, disputes are subject to the courts in Berlin, Germany. EU consumers may bring proceedings in their country of residence.

17.3 EU Dispute Resolution: The European Commission's ODR platform: https://ec.europa.eu/consumers/odr. We are not obliged to participate in consumer arbitration.

18. Changes to Terms

We may modify these Terms with notice. Material changes will be communicated via email or website notice at least 30 days before taking effect. Continued use constitutes acceptance.

19. General Provisions

Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement.

Severability: Unenforceable provisions do not affect remaining provisions.

Waiver: Failure to enforce a right does not waive it.

Assignment: You may not assign these Terms without consent. We may assign without restriction.

Force Majeure: We are not liable for failures due to circumstances beyond our control.

20. Contact

For questions about these Terms:

D3Companion GmbH (operating as Projected)
Bundesallee 187
10717 Berlin, Germany
Email: [email protected]
Phone: +49 (0) 30 86 32 12 28