Effective date — December 01, 2023
Last updated — November 13, 2024 

Introduction

Thank you for considering a membership with nuLUCA. These Terms of Service are an integral part of using our Service, and in order to use our Service, you must completely understand and agree to them. nuLUCA co. ("us", "we", or "our") operates the https://www.nuluca.com and https://pavilion.nuluca.com websites. The “Service” referred to in this document is access to view written and visual (images and videos) content behind the paywall of https://pavilion.nuluca.com. By purchasing a membership you will receive this Service and you are agreeing that the credit/debit card or 3rd party payment account provided will be charged at the end of each term at the rate specified at the time of enrollment.


Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

Nature of Service

Although content included in our Service is sometimes related to architecture and engineering, if information gleaned from our Service is in any way used to inform a built project, or any project which requires verification from a licensed professional, please procure those verifications. The information included in our Service concerns the conceptualization and digital modeling of design projects. The information included in our Service DOES NOT refer to or instruct, in any way, the construction, fabrication, or any other physical assemblage of a design project. You hereby indemnify nuLUCA, and release nuLUCA from liability, for any losses arising from the use of our Service, regardless of to whom the losses occur.

Rules of Use

In addition to the above eligibility criteria, the following rules apply to nuLUCA’s Service. You must not:

Billing & Payment

Payment can be made through our third party Stripe, according to the rebilling terms posted on our and/or their website(s), which are hereby incorporated into this Agreement by reference. Unless otherwise stated, all prices are listed in United States dollars. If, for any reason, we are unable to bill you (for example as the result of a blocked account or expired credit card connected to that account), your Service will be suspended and/or cancelled, although we may attempt to notify you to request that you correct the problem.

Enrollment

A valid credit card is required for payment. The Service is billed in advance on a monthly or yearly basis (depending on your subscription plan), as determined by your initial enrollment date. That date may shift over time due to the different lengths of months. All enrollment plans are automatically renewed unless customers preemptively deactivate their enrollment, which can be done from their Account page. All enrollment fees exclude all taxes, levies, or duties imposed by taxing authorities. You are responsible for the payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Cancellation and Deactivation

You are responsible for properly canceling your subscription. You can do so at any time by clicking on the "Profile" link in the navigation at the top of the screen (or in the navigation bar on mobile devices). The "Profile" link is only visible if you are logged in. Inside the Profile popup, click on either the "Plan" or "Billing" tab. At the bottom of both of these there is a "cancel subscription" option. If you cancel your subscription before the end of your current billing cycle, your cancellation will be effective on the day the next cycle is set to start. In the meantime, you will retain access to our Service.

nuLUCA, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other nuLUCA service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. nuLUCA reserves the right to refuse service to anyone for any reason at any time.

Discounts

nuLUCA may offer coupons, discounts, or other promotional offers, which shall be subject to any terms and conditions (including expiry dates or limitations on transfer or the number of uses) which may be attached to them at or after the time of issuance. We may refuse to honor such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.

Discounts for referrals or other financial benefits given in reward for referring Users to us, should we offer such a promotion, may be considered a taxable benefit by any revenue agency having jurisdiction over you, and you should consult an accountant and/or tax attorney in your jurisdiction to determine your tax liabilities incurred as a result of participating in our referral program.

Chargebacks

Users must only bring disputes in accordance with our “Forum of Dispute” provisions found further below. You agree that any chargebacks brought against us shall result in your liability to us for the full amount debited from us as a result of the unauthorized dispute, in addition to any fees and expenses we may have in enforcing our rights under this section.

Our Copyright

Our Service is a subscription-based, content-based one. As such, protecting our content from being copied without authorized is very important to us. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.

Trademarks

“nuLUCA” is a trademark used by us, nuLUCA, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own freelancing website or business.

Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at anytime. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANT ABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

WE ARE NOT RESPONSIBLE FOR ANY ARCHITECTURAL OR ENGINEERING ISSUES WHICH ARISE FROM THE USE OF OUR SERVICE. ANY USER OF OUR SERVICE ASSUMES RESPONSIBILITY FOR ANYTHING PRODUCED AS A RESULT OF THE INFORMATION THAT WE PROVIDE.

WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING STRIPE, OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE WITH STRIPE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.

WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OR DOWNTIME ON OUR SERVERS WHICH PREVENTS YOUR ACCESS TO OUR SERVICE, EVEN IF WE BECOME AWARE THAT SUCH INTERRUPTION WILL OCCUR AND FAIL TO NOTIFY YOU OF THIS FACT IN ADVANCE.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDIT OR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

Choice of Law

This Agreement shall be governed by the laws in force in the Free and Sovereign state of Delaware (“Delaware”). The offer and acceptance of this contract are deemed to have occurred in Delaware.

Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in Delaware. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be head solely within the lowest court of competent jurisdiction having the authority to decide on civil matters in Delaware (“Small Claims Court”).

If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.

If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.

You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, nuLUCA shall have the sole right to elect which provision remains in force.

Non-Waiver

nuLUCA reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at anytime in the future.

Termination & Cancellation

We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will e-mail you that there has been a change. Your continued use of our Service constitutes your acceptance of any such changes.