Terms & Conditions
1. Definitions and general provisions
1.1. In the use of Bildly, the terms below are used in the following meanings:
1.1.1. Bildly – the web portal and project management system managed by the Service Provider at the website bildly.eu, including all of its possible domains and sub-domains, through which the Service Provider provides the Service to the Users;
1.1.2. Service Provider – Bildly OÜ, registry code 16581720, seat at Turu 2a, Vändra Borough, Põhja-Pärnumaa Parish 80010, e-mail: firstname.lastname@example.org;
1.1.3. User – a Bildly user who is a natural or legal person;
1.1.4. Personal Data – the data generated about a User in the course of the provision and use of the Service and/or the data input by the User which can or may identify a natural person;
1.1.5. Usage Data – all data generated by the User in the course of the provision and use of the Service and disclosed by the User, which may, but do not necessarily have to be directly related to an identified or identifiable natural person;
1.1.6. Service – a web-based service platform operated and managed by Bildly, for the mediation and archiving of construction and other projects and information, etc.;
1.1.9. Content – the information published, entered or otherwise made available by the Service Provider and/or the User on Bildly;
1.1.10. Software – the software used to provide the Service on Bildly, to make Content available for the User on Bildly, and for many other activities necessary for Bildly to function;
1.1.11. Database – a database maintained by the Service Provider on and/or via Bildly, containing information about the Content and other Personal Data and User Data.
2. The use of Bildly
2.1. The Service Provider provides the Service to Users through Bildly. The Service is available to Users through the user interface which allows the User to access the Service to the extent that the User has been granted the respective rights.
2.3. When using Bildly, the main obligations of the Users are as follows:
2.3.2. the User undertakes to make sure that the Content published and posted on Bildlys is accurate, correct, complete, relevant and up to date;
2.3.3. if a password or any other identification is required to use Bildly, the User undertakes to keep the codes, passwords and usernames safe and keep them from falling into the hands of third parties, except where the User has authorised a third party to use his or her password for Bildly. In such a case, the User is responsible to the third party when using the Service;
2.3.4. the User undertakes to promptly notify the Service Provider of the loss of his or her password and/or other information needed to use Bildly or the falling thereof into the hands of unauthorised third parties, by sending a relevant e-mail to the Service Provider at email@example.com;
2.3.5. when using Bildly, no activities are permitted that interfere with or hinder the provision of Services to Users through Bildly;
2.3.6. the User undertakes to only publish on Bildly Content that is consistent with Bildly’s purpose and concept; the User undertakes to not publish on Bildly any Content that is illegal or contrary to the moral standards accepted by the society and/or that refers to and/or otherwise promotes and/or may lead to an activity that is illegal and/or contrary to the moral standards accepted by the society;
2.3.7. the Content posted and/or published by the User on Bildly must not contain viruses or other computer programs or files that interfere with, damage or otherwise disturb the normal use of Bildly and/or that may, as a result of using Bildly, be stored on other users’ computers and/or interfere with, damage or otherwise disturb the normal functioning of Bildly.
2.6. When using Bildly, the User may have access to Content that is incorrect, obscene, offensive or controversial. The User represents and warrants that he or she accepts this and will have no claims or complaints against the Service Provider as a result.
2.7. It is prohibited to use Bildly by programs that send automatic queries to Bildly for any purpose; among other things, it is prohibited to use robots, spiders, scrapers and other automated devices, and to carry out or attempt to carry out any activities aimed at breaking down the source code of the Software to an intelligible and legible form.
2.9. The User is prohibited from obtaining access to the Software or its source code for the purpose of creating a competing service.
2.10. The Service Provider is not obliged to monitor the Users’ activities, or the information or Content posted, disclosed, transmitted, cached or stored by the Users on Bildly, or otherwise seek any facts or circumstances indicating illegal activity.
2.11. Under no circumstances will the Service Provider be a party to any transactions concluded and to be concluded between the users of Bildly.
3.1. The User undertakes to pay for the Service according to the prices established by the Service Provider, which are available at bildly.ee/hinnad. The fee will be paid in advance for the period of use, will not be refundable and will not depend on the actual volume or extent of use of the Service.
3.2. If the User violates the obligation to pay the fee, the Service Provider will have the right to demand from the User a fine for delay in the amount of triple the statutory rate for each day of delay until payment of the debt.
3.3. If the User violates the obligation to pay the fee in such a way that the payment deadline is exceeded by more than two (2) weeks, the Service Provider will additionally have the right to restrict the User’s access to the Service and/or to unilaterally terminate the Agreement.
4. Intellectual property rights
4.1. Bildly, the Service, Software and any Database which may be contained in Bildly, and any components thereof (including the Service Provider’s business name, trademarks, trade secrets, patents, domain name) are and may be protected by intellectual property rights owned by the Service Provider, its licensor or third parties (hereinafter: Intellectual Property).
4.2. All rights to the Database contained in Bildly belong to the Service Provider. The User will not have the right to make other extracts or copies of the Database or otherwise use the Database, or to damage or interfere with the operation of the Database and/or Bildly. By using the Database in any way (including using the Service), the User will not acquire any copyrights to the Database and the software necessary for keeping Bildly in operation.
4.5. By starting to use the Bildly account, the User declares that he or she is aware of the Supplier’s copyrights and related rights (including the rights of the maker of the Database) and that he or she will not violate the rights of the Service Provider and will not allow other persons related to him or her to violate the respective rights of the Service Provider.
4.6. The User is aware that the Service Provider will not be held responsible for the correctness of the Content and that the Service Provider does not own the copyrights to the Content posted by the Users. The Users are aware that by posting Content to Bildly, they will not assign the copyright to the Content to the Service Provider or to other users, or vice versa.
5. Protection and processing of the User’s Personal Data and User Data
5.1. The controller of Personal Data and User Data (hereinafter also: Data) is the Service Provider.
5.3. The Service Provider receives the Data from the provision of the Service and from the User’s use of the Service via Bildly. The Service Provider processes the following Personal Data categories:
5.3.1. data allowing the identification of the User, including the first and last name, profile picture, password;
5.3.2. contact information – e-mail, phone;
5.3.3. data related to the Service (including the Content posted by Users);
5.3.4. data on the payment behaviour and creditworthiness of the User;
5.3.5. interaction data – e.g. data collected when the User interacts with the Service Provider via e-mail or other interaction mechanisms.
5.4. The Service Provider processes the Personal Data in accordance with the following principles:
5.4.5. the Service Provider applies appropriate technological and organisational measures to ensure the availability, accuracy, integrity and confidentiality of the Personal Data.
5.5. The Service Provider processes the Personal Data for the following purposes:
5.5.1. for the performance of the Agreement (Art. 6 (1) b) of the General Data Protection Regulation), in order to provide the User with the Service in accordance with the Agreement, including for the purpose of concluding the Agreement;
5.5.2. to comply with legal obligations;
5.5.3. for marketing purposes, based on consent (Art. 6 (1) a) of the General Data Protection Regulation) – to send marketing e-mails to customers about the products and services of our company;
5.5.4. based on legitimate interest, including analytical purposes (Art. 6 (1) f) of the General Data Protection Regulation) – to better understand the Users’ preferences and expectations. The Service Provider will not analyse the User’s personal preferences.
5.6. The Service Provider will not process Personal Data for profiling or other automated decision-making purposes.
5.7. In processing Personal Data, the Service Provider may transfer the Personal Data to the following third parties:
5.7.1. public authorities and other financial service providers to whom the Service Provider is obliged, under the relevant legislation, to release the Personal Data;
5.7.2. auditors, legal and financial consultants;
5.7.3. upon assigning claims, to debt collectors, courts and trustees in bankruptcy or insolvency (including bailiff and reorganiser);
5.7.4. server hosts / cloud service providers that host the Service Provider’s data in servers/cloud;
5.7.5. communication service providers that mediate e-mails, calls, text messages and other interaction between you and the company;
5.7.6. other parties involved in the provision of the company’s services (e.g. payment service providers).
5.9. Upon transferring Personal Data to third parties, the Service Provider implements the following security measures:
5.9.1. a personal data processing agreement is concluded with a third party;
5.9.3. the Service Provider makes sure that the Personal Data are not transferred to countries not recognised by the European Commission as having an adequate level of data protection.
5.11. In storing the Personal Data, the Service Provider complies with the following principles:
5.11.1. the Service Provider does not process or store the Personal Data for longer than necessary;
5.11.2. the retention period may be based on the Agreement, the legitimate interest of the Service Provider or, for example, the applicable law (e.g. accounting laws, anti-money laundering legislation or limitation periods related to performance of obligations);
5.11.3. generally, the Service Provider stores the Personal Data for the following periods:
o Transaction data – 13 years after the termination of the agreement. [expiry of claims + reasonable time depending on the service]
5.11.4. upon the expiry of these periods, the Personal Data will be deleted;
5.11.5. the Service Provider stores Personal Data in servers / in a cloud located in the European Economic Area.
5.12. When processing Data on the basis of consent, the Service Provider is guided by the following principles:
5.12.1. the Service Provider does not process the Personal Data for marketing purposes if the User has not given his or her prior consent or if the User has withdrawn the consent;
5.12.2. if the Service Provider wishes to process the Personal Data for any new purpose that requires consent, the Service Provider will not process the Personal Data for such new purpose until it has obtained the respective consent from the User;
5.12.3. the User can withdraw the consent at any time, but the withdrawal of the consent does not affect the lawfulness of the processing of Personal Data prior to the withdrawal of the consent.
5.13. With regard to the processing of Personal Data, the Users have the following rights:
5.13.2. right of access – the User has the right to request that the Service Provider provide him or her with a copy of the Personal Data processed by the Service Provider (Data provided by the User);
5.13.3. right to rectification – the User has the right to request that we rectify the Personal Data if the Data are inaccurate or incomplete;
5.13.4. right to erasure – the User has the right to request that the Service Provider delete the Personal Data, except where the Service Provider is obliged, under relevant legislation or the Agreement, to keep processing the Personal Data or where the Service Provider has any other legitimate grounds to continue processing the Personal Data. In accordance with the above, the Service Provider will delete the Personal Data as soon as the Service Provider no longer has a legitimate basis for processing the Personal Data;
5.13.5. right to restriction of processing – the User has the right to request that the Service Provider restrict the processing of the Personal Data if the Personal Data are inaccurate or incomplete or if the processing of the Personal Data is unlawful;
5.13.6. right to data portability – the User has the right to request that the Service Provider provide the User or, if technically feasible, a third party designated by the User, with a machine-readable copy of the Personal Data which the User has submitted to the Service Provider and which are processed on the basis of the User’s consent or the Agreement;
5.13.7. right to object – the User has the right to object to the processing of the Personal Data if he or she finds that the Service Provider does not have a legal basis for processing the Personal Data. With regard to processing based on the consent of the User, the User may withdraw his or her consent at any time;
5.13.8. right to lodge a complaint – the User has the right to lodge a complaint regarding the processing of his or her Personal Data.
5.14. The User can exercise the rights referred to in clause 5.12 by sending a corresponding letter according to the instructions provided in clause 5.14. The Service Provider undertakes to do its best to respond to the User’s request within one month on the basis of Article 12 (3) of the General Data Protection Regulation. If this is not possible considering the number and complexity of the applications submitted to the Service Provider, the Service Provider will have the right to reply within two months at the latest on the basis of Article 12 (3) of the General Data Protection Regulation.
5.15. The User can send any inquiries, requests or complaints related to the processing of the Personal Data to firstname.lastname@example.org. Complaints related to the processing of Personal Data can also be lodged to the Data Protection Inspectorate.
5.17. In the case of all Personal Data contained in the Content posted by the User, the controller is the User, i.e., the User himself or herself decides whether and to what extent he or she processes the Personal Data and for which purposes. In the case of the Personal Data contained in the Content, the Service Provider is the processor authorised by the User, and in the case of such Personal Data, the Service Provider processes them only for the purpose of providing the Service to the User, except where the obligation to process arises from law.
6. Bildly and Service provision limitations. Liability
6.2. The Service Provider will not in any event be liable for the use of Bildly and for the disclosure and posting of Content through Bildly, including for the legality, truthfulness and validity of the Content on Bildly, or for compliance with legal obligations or good practices. The Service Provider will not be liable for the quality or performance of the services provided through Bildly or the agreements concluded between the Users.
6.3. To the extent permitted by law, the Service Provider excludes any warranties and promises arising from the applicable legislation.
6.4. The Service Provider reserves the right to suspend (permanently or temporarily) access to Bildly or stop the provision of the Service at its own discretion if it is necessary for the performance of maintenance work on Bildly, by giving reasonable notice to the Users via Bildly. In the event of critical faults, malfunctions or failures that may materially impair Bildly or the functioning of the Service, the Service Provider may make changes and carry out maintenance works without advance notice, providing explanations on the elimination of faults, malfunctions and/or failures later, if necessary.
6.5. To the extent permitted by law, the following cases will not be the liability of the Service Provider:
6.5.1. if Bildly is not running on any web browser;
6.5.2. if Bildly or the Service is not functioning and/or is incompatible with the hardware and/or software used by the User (including a computer, tablet, mobile phone, smartphone, operating system, etc.);
6.5.3. the accuracy, correctness, completeness or relevance of the Content posted by the User;
6.5.4. the User’s removal of the Content posted;
6.5.5. resolution of any disputes between Users;
6.5.6. the existence of the necessary rights of representation and permissions for Users for posting the Content;
6.5.7. the transfer of information received by Users via Bildly to a third party, including to a person who has not entered into an Agreement with the Service Provider and is not using Bildly in any other manner;
6.5.8. force majeure and other faults or failures not attributable to the Service Provider, which prevent the User from using Bildly and/or the Service;
6.5.9. if the User’s internet service provider does not allow the User to access Bildly;
6.5.10. processing of the User’s Personal Data and User Data by third parties;
6.5.11. loss of the User’s account password or falling of the password into the hands of unauthorised third parties, or damage caused to Users by use of the password by third parties.
6.6. The liability limitations of the Service Provider as listed above do not preclude the mandatory rights arising from the applicable law for the User, which cannot be derogated from by agreement of the parties.
6.7. If the Service Provider becomes aware of an offence committed through or ongoing on Bildly, the Service Provider will have the right to eliminate the offence or block access thereto and to take other measures aimed at terminating the offence or eliminating the consequences thereof.
6.8. The Service Provider has the right to unilaterally remove from Bildly all Content that is not in compliance with applicable legal and moral standards or that may lead to activities which violate human rights (including prostitution, human trafficking, slavery, etc.). Also, the Service Provider has the right to unilaterally delete fake accounts, i.e. where one and the same User has several accounts.
6.10. In any case, the Service Provider will not be liable for loss of profit, purely economic loss or non-pecuniary loss, or for any other indirect, special, consequential, exemplary or punitive damages.
7.3.1. the User is a person with active legal capacity (and at least 18 years of age) and has no legal impediments to the conclusion of transactions or agreements and the performance thereof; in representing the company, the User possesses all the necessary permits, approvals and authorisations to conclude an Agreement with the Service Provider and use the services provided by Bildly;
7.3.3. the User is independently responsible for the Content published by him or her on Bildly;
7.3.4. the User understands and accepts that transactions, including the conclusion of agreements and the provision of the service as a result of using Bildly are carried out without the intervention and liability of the Service Provider;
7.4.1. if this is due to changes in valid legislation or the practical interpretation of the legislation;
7.4.2. if the Service Provider expands the possibilities for using Bildly and/or the Service, terminates the provision of the Service via Bildly or starts offering new services;
7.4.5. if changes are made to the work organisation of the Service Provider;
7.4.6. in case of technological developments allowing to improve the quality and security of the administration of Bildly and provision of the Service.
8. Resolution of proposals, notices, complaints and other applications
8.1. The User will have the right to make proposals to the Service Provider for changing Bildly and/or the Service by sending the proposals to the Service Provider’s e-mail address email@example.com.
8.2. Users will have the right to submit other complaints to the Service Provider about Bildly and the Service, to the Service Provider’s e-mail address firstname.lastname@example.org.
9. Termination of the provision of the Service
9.1. The Service Provider will have the right to refuse to provide the Service to anyone via Bildly without justifying its decision. The Service Provider will have the right to choose its contractual partners at its own discretion, without the consent of the Users or any third parties.
9.2. The Service Provider will have the right to terminate the provision of the Service effective immediately without prior notice by restricting the User’s access to Bildly:
9.2.1. if the User intentionally or through gross negligence causes damage to the Service Provider;
9.2.3. if Bildly is closed;
9.2.4. if the provision of the Service is terminated.
9.3. The User will have the right to terminate the Agreement and delete his or her user account at any time by sending a respective request to the Service Provider’s e-mail address email@example.com. If the User wishes to start using Bildly again after deleting the user account, he or she must re-register as a Bildly User.
10. Applicable law and resolution of disputes
10.2. The legal relations arising between the Users and the Service Provider from the use of Bildly and the Service will be governed by the legislation of the Republic of Estonia.
10.3. Any disputes will be resolved through negotiations between the parties. Upon failure to reach agreement, disputes will be resolved at the Tallinn Courthouse of Harju County Court, unless provided otherwise by law.