Effective Date: June 1st 2023.
Superdwell is a trading name of Interior Intelligence Oy (“Interior Intelligence”).
When using the Website and Services You may generate information including interior design style and color ideas, room design images and home decor shopping ideas (“Output”). The Services use an artificial intelligence (“AI”) tool to generate this Output. This use of AI is relatively new and still evolving. As a result, Interior Intelligence does not guarantee:
– the suitability, accuracy or appropriateness of the resulting Output that you generate;
– that the Output will not include extreme, inaccurate or incomplete information;
– that the Output will not violate the intellectual property rights of a third party.
You are solely responsible for your use of the Services, the generation of Output, and the consequences of your use of the Output. If You choose to act upon, share, repost or reproduce the Output, you do so at your sole risk. You acknowledge that information contained in the Output is for entertainment purposes only and the Services are not tailored to comply with industry-specific regulations such as building codes. Interior Intelligence may in its sole discretion remove or change these Services or offer a number of other Services on its Website.
When using the Website and Services you will be able to answer a series of quiz-style questions before being presented with a room design image (“Room Design Image”). For the avoidance of doubt, the Room Design Image is the single image presented to you once you have completed the quiz-style questions and excludes:
– all other Output;
– other imagery on the Website and Services;
– images included in the shopping recommendations;
– images that link to third party websites.
You agree to hold harmless, defend and indemnify Interior Intelligence, its contractors, partners, wholesalers and sublicensees (each an “Indemnified Party”) from and against any and all third party claims, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising out of or relating to Your use of any Room Design Image or any Output (including Your reproduction, distribution, adaption, and displaying of a Room Design Image or any Output).
The Output and Room Design Image are provided based on models licensed under the CreativeML Open RAIL++-M License (“CreativeML Licence”, available here) and You will not use the Output and Room Design Image in any manner that contravenes the CreativeML Licence.
Users are able to upload content to the Website including but not limited to images of their own home, personal information and style preferences collected via quiz-style questions (collectively known as “User Content”).
You shall be solely responsible for Your own User Content and the consequences of submitting, posting or publishing them. By submitting User Content to the Website, unless expressly stated otherwise You hereby grant Interior Intelligence a royalty-free worldwide, exclusive, perpetual, irrevocable, sublicensable, and transferable right and license to use, edit, publish, store, archive, transmit, adapt, modify, reproduce, distribute, prepare derivative works of, display, sell and perform the User Content in connection with the Website and Services and other Interior Intelligence business(es), including without limitation for promoting, displaying, and redistributing part or all of the Website and/or Services (and derivative works thereof) in any media now known or hereafter developed and You waive any and all moral rights relating to the User Content.
If You choose to upload or post any User Content on the Website You understand that Interior Intelligence does not guarantee any confidentiality with respect to any User Content. We require that You adhere to generally accepted rules of etiquette and standards of behavior, and that Your use of the Website reflects Your respect for the legal rights of users connected with Interior Intelligence. You agree that Interior Intelligence and our affiliates may use the User Content to develop and improve the Services, including by storing your User Content and associated metadata (i.e. image specifications, answers to quiz questions).
Interior Intelligence does not assume responsibility for any of the information, material, or content posted by Users. Any content submitted by Users, including but not limited to, text, data, photographs, video, music, sound, chat, messages, files or other material (all of which are referred to as “User Content”) are not endorsed by Interior Intelligence, and Interior Intelligence makes no guarantee and assumes no liability regarding the reliability, accuracy, quality, origin or nature of any User Content that is posted on the Website. You must evaluate and bear any risks related to the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. All User Content posted to the Website are the sole responsibility of the person who originally posted the User Content, and Your sole recourse for any damage You may suffer as a result of any User Content, or any portion thereof, shall be to such individual, and not Interior Intelligence.
Interior Intelligence expressly disclaims any and all liability in connection with User Generated Content. Interior Intelligence reserves the right to refuse to publish or remove Content and User Content in its sole discretion and without prior notice.
By making a purchase with the Website you confirm that you have read and accept this Order Policy. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
After completing your purchase at the Website, Your purchase will be available to use immediately via your account. All purchases are non-refundable.
Payment can be made by Visa, MasterCard, American Express, JCB, Discover, Diners Club. Payment will be debited and cleared from your account upon placing your order. You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
Our payment service provider is certified to PCI Service Provider Level 1, the most stringent level of certification. Any sensitive payment information on our pages is encrypted using SSL technology. Interior Intelligence does not handle or store your credit card details.
Interior Intelligence reserves the right, at its sole discretion, to reject any order for any reason. Your order may be cancelled due to, but is not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or credit or fraud problems or if we are unable to obtain authorization for payment. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after we have received payment, we will issue a credit by the charged payment method for the amount of the charge.
USE OF THE WEBSITE
You use the Website only as permitted and solely for Your personal, noncommercial purposes
You may not modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and Services
You may not copy or distribute any part of the Website in any medium without Interior Intelligence’s explicit prior written approval.
Activities that occur on Your account are Your sole responsibility. You may change Your password at any time and you must keep Your account password secure. You agree to immediately notify Interior Intelligence if You suspect or know of any unauthorized use of Your password or account or any other breach of security. Interior Intelligence cannot and will not be liable for any loss or damage arising from Your failure to comply with the requirements set forth in this section. You acknowledge and agree that Interior Intelligence may preserve user information and may also disclose user information, if required to do so by law or if we believe, in good faith, that such preservation or disclosure is reasonably necessary to:
– comply with the requirements set forth by applicable legislation
– respond to claims that any content violates the rights of third parties; or
– protect the rights, property, or personal safety of Interior Intelligence, its users, or the public.
Interior Intelligence reserves the right to terminate Your account and/or your access to the Website at any time in its sole discretion and without prior notice.
You agree not to cause harm to the Website or Services. Specifically, but not by way of limitation, you may not:
– use or launch any automated system or technological devices or programs that access the Website in a manner that sends more request messages to the Interior Intelligence servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
– modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Services;
– interfere with the Website by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; interfere with, or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Website;
– use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet public search engines, who have a permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of materials, but not caches or archives of such materials. Interior Intelligence reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion;
– collect or use any personally identifiable information (“Personal information”);
– impersonate another person or entity;
– use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any Users of the Website;
– use any meta tags, search terms, key terms, or the like that contain Interior Intelligence or Superdwell name or trademarks;
– engage in any activity that interferes with another user’s ability to use the Services; or
INTELLECTUAL PROPERTY RIGHTS
Any use, copying, or distribution of any of the Content for any commercial purposes is strictly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content. You must retain all copyright and other proprietary notices if You copy or print any Content for personal use.
RULES OF CONDUCT
The following rules of conduct apply to Your use of the Website and to all User Content you submit to the Website (including but not limited to design submissions, blogs, comments, emails, profiles, or any other portion or feature of the Website).
You must not:
– Upload, post, email or otherwise transmit any material that is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized;
– Upload, post, email or otherwise transmit any material that infringes or violates any patent, copyright, trademark, trade secret or other proprietary rights of any person;
– Upload, post, email or otherwise transmit any material that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
– Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising,promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation, or otherwise engage in commercial activities within the Website
– Upload, post, email, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment;
– Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;
– Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;
– Provide false or deceptive information;
– Solicit personal information from anyone under 18;
– Breach a duty of confidentiality by which You are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
– Delete, add or otherwise change Content submitted by other Users.
Interior Intelligence respects the intellectual property of others, and we require users of the Website to do the same. Interior Intelligence contractually prohibits You from uploading User Content that infringe third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity). You may not post, upload, display, submit, modify, distribute, or reproduce in any way any material that is or contains copyrighted material belonging to others, without obtaining their prior written consent. Interior Intelligence reserves the right, in its discretion, to remove any User Content and other material submitted by users if it believes that it may infringe the copyright of any third party, and/or to terminate the accounts of users believed to be infringers.
Interior Intelligence operates on a “notice and takedown” basis. If You are a copyright owner and believe that any Design, User Content or other material on the Website infringes Your copyrights, You may submit a notification in accordance with the chapter 5 section 22 of the Finnish Act on Provision of Information Society Services (458/2002, as amended)
The notification must include the following:
– name, address, telephone number, email address and other contact information of the notifying party;
– an itemisation of the material, for which prevention of access is requested, and details of the location of the material;
– confirmation by the notifying party that the material which the request concerns is, in his/her sincere opinion, illegally accessible in the communication network;
– information concerning the fact that the notifying party has in vain submitted his/her request to the content producer or that the content producer could not be identified;
– confirmation by the notifying party that he/she is the holder of copyright or neighboring right or entitled to act on behalf of the holder of the right; and
– signature by the notifying party.
Any notification failing to comply with the requirements listed above is ineffective.
Please send the notice to the following address:
c/o Interior Intelligence Oy
10470 Fiskars, Finland
Email: [email protected]
Interior Intelligence will notify the content producer of prevention of access to the material supplied by him/her and to supply the content producer with a copy of the notification on the basis of which prevention was made.
If You are the content producer and You consider that prevention is groundless, You may get the material returned by delivering to the notifying party a plea in writing or electronically in accordance with the chapter 5 section 23 of the Finnish Act on Provision of Information Society Services within 14 days of receiving the notification. A copy of the plea must be delivered to Interior Intelligence.
The plea must include:
– the name, address, telephone number, email address and other contact information of the content producer;
– the facts and other reasons under which prevention is considered groundless;
– an itemisation of the material for which prevention is considered groundless; and
– signature by the content producer.
Anyone providing incorrect information in the aforementioned notification or plea shall be liable to compensation for damages as set forth in the Chapter 5 Section 25 of the Finnish Act on Provision of Information Society Services or other applicable legislation.
THIRD PARTY WEBSITES
The Superdwell Website may contain content, such as images and text, from and links to third party websites that are not owned or controlled by Interior Intelligence. Interior Intelligence has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any third party website. You acknowledge and agree that Interior Intelligence is not responsible for the content from third party websites that appears on the Superdwell Website or for content on the Internet or on webpages that are contained outside of the Superdwell Website. By using the Superdwell Website, You specifically release Interior Intelligence from any and all liability arising from Your access or use of any third party website, Your access or use of any content from any third party website, whether it appears on the Superdwell Website or elsewhere, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or though the Website, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third parties.
MODIFICATIONS TO THE WEBSITE
Interior Intelligence reserves the right to modify the organization, structure or visual identity of the Website and Services and may change, suspend, or discontinue any aspect of the Website and the Service at any time without any liability to you or any third party with or without notice. Interior Intelligence shall have complete discretion over the features, functions, prices and other terms and conditions on which the Services is offered to Website users. Interior Intelligence shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.
TERMINATION OF ACCOUNTS AND ACCESS
Interior Intelligence may, under certain circumstances and without prior notice, immediately disable or terminate Your Superdwell account, access to the Website, or any other Superdwell or Interior Intelligence services. Cause for such termination shall include, but not be limited to:
– requests by law enforcement or other government agencies;
– a request by You (self-initiated account deletions);
– discontinuance or material modification to the Website (or any part thereof);
– unexpected technical or security issues or problems;
– extended periods of inactivity;
– engagement by You in fraudulent or illegal activities; and/or
– nonpayment of any fees owed by You in connection with the Website or any other Interior Intelligence product or service.
Termination of Your Superdwell account may include:
– removal of access to all pages within the Website;
– deletion of Your password and all related information, files and materials, including User Content and Output associated with or inside Your account (or any part thereof); and
– barring of further use of the Website.
Further, You agree that all terminations for cause shall be made in Interior Intelligence’s sole discretion and that Interior Intelligence shall not be liable to You or any third party for any termination of Your account, any associated email address, or access to the Website.
LIMITATION OF LIABILITY
IN NO EVENT SHALL INTERIOR INTELLIGENCE, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF INTERIOR INTELLIGENCE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY ISSUES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, WEBSITE OR SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT INTERIOR INTELLIGENCE SHALL NOT BE LIABLE FOR CONTENT SUBMITTED BY USERS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Interior Intelligence from its facilities in Finland. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Interior Intelligence, and any parent, subsidiary, affiliate, successor, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Interior Intelligence, from and against any and all alleged claims, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
– Your use of and access to the Website and Services;
– Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
The content provided by Interior Intelligence is protected by the laws governing databases, copyright and trademarks and other intellectual property rights. The Website is owned by Interior Intelligence Oy. No portion of the Website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of Interior Intelligence Oy. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited.
All of Superdwell trademarks, including but not limited to Superdwell and Superdwell, are owned by Interior Intelligence Oy and may not be used for any purpose without the prior written permission of Interior Intelligence Oy.