TERMS OF SERVICE AND LIMITED USE LICENSE AGREEMENT
Effective Date: The date of Buyer’s purchase as reflected on Seller’s invoice or payment confirmation.
This Terms of Service and Limited Use License Agreement (“Agreement”) is a legally binding contract between you (“Buyer” or “You”) and My Floorplan SWFL, LLC (“Seller”). This Agreement governs your purchase and use of the digital architectural designs, floor plans, and any related files or materials, including but not limited to CAD files, PDFs, and supplemental documents, sold through this website (“Site”) (collectively, the “Plans”).
BY CLICKING “I AGREE” AND/OR BY PURCHASING, DOWNLOADING, OR USING THE PLANS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO PURCHASE OR USE THE PLANS.
1. Nature of the Plans; No Professional Services.
1.1. Conceptual Documents Only. The Plans are conceptual, unsealed design documents intended to convey a design idea. They are not construction drawings, shop drawings, or permit-ready documents. The Plans have not been stamped or certified by a licensed architect or engineer.
1.2. No Professional Relationship. Seller is not providing architectural, engineering, surveying, or contracting services. No architect-client, engineer-client, or other professional-client relationship is created by this Agreement or the use of the Plans. Professional services necessary for construction must be obtained from locally licensed professionals.
2. Limited License Grant.
Subject to Buyer’s full payment and strict compliance with this Agreement, Seller grants Buyer a limited, non-exclusive, non-transferable, and non-sublicensable license to:
(a) Use and reproduce the Plans for the sole purpose of constructing one (1) single-family residential structure at a single, specific physical address (“Licensed Project”); and
(b) Provide copies of the Plans to Buyer’s licensed architect, engineer, and general contractor for the sole purpose of adapting and constructing the Licensed Project.
This license is granted to the original Buyer only and terminates automatically upon completion of the Licensed Project.
3. Prohibited Uses.
Buyer shall not, and shall not permit any third party to, directly or indirectly:
(a) Use the Plans for more than one structure, lot, address, or project.
(b) Reuse any portion of the Plans for a future project.
(c) Sell, sublicense, rent, publish, distribute, or otherwise make the Plans available to any third party, except as expressly permitted in Section 2.
(d) Use the Plans for any commercial, speculative, subdivision, or multi-build development project without a separate, written commercial license from Seller.
(e) Modify or create derivative works of the Plans for the purpose of resale, redistribution, or to create a competing product.
(f) Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Plans.
Any use outside the express scope of the license granted in Section 2 constitutes copyright infringement and a material breach of this Agreement.
4. Buyer’s Responsibilities & Local Compliance.
Buyer is solely responsible for all matters related to the construction of the Licensed Project. Buyer expressly acknowledges and agrees:
(a) Professional Review Required. The Plans must be reviewed, modified, and approved by a Florida-licensed architect and/or structural engineer of Buyer’s choosing prior to the start of any construction to ensure safety and structural integrity.
(b) Code Compliance. Buyer is solely responsible for ensuring the final, modified construction drawings comply with all applicable national, state, and local building codes, zoning ordinances, permitting requirements, and homeowner association (HOA) rules.
(c) No Seller Responsibility. Seller has no role in and no responsibility for code compliance, permitting, site conditions, construction means and methods, or the performance of any licensed professional or contractor retained by Buyer.
5. Assumption of Risk; Disclaimer of Warranties.
BUYER ASSUMES ALL RISK AND LIABILITY ASSOCIATED WITH THE USE, MODIFICATION, AND IMPLEMENTATION OF THE PLANS.
THE PLANS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SELLER DOES NOT WARRANT THAT THE PLANS WILL MEET BUYER’S REQUIREMENTS OR BE SUITABLE FOR ANY SPECIFIC SITE OR JURISDICTION.
6. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED UNDER FLORIDA LAW, SELLER’S ENTIRE AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE PLANS, REGARDLESS OF THE LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE), SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY BUYER TO SELLER FOR THE SPECIFIC PLANS AT ISSUE.
IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSTRUCTION DELAYS, INCREASED COSTS, LOSS OF PROFITS, OR REMEDIATION EXPENSES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Indemnification.
Buyer shall defend, indemnify, and hold harmless Seller and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Buyer’s use, modification, or implementation of the Plans; (b) any breach of this Agreement by Buyer; (c) personal injury, death, or property damage arising from the construction of the Licensed Project; or (d) any failure by Buyer or its agents to comply with applicable laws and codes.
8. Intellectual Property.
8.1. Ownership. All Plans and all content on the Site are the exclusive intellectual property of Seller and are protected by United States copyright law. The purchase of a license does not transfer any ownership rights.
8.2. Derivative Works. Buyer acknowledges that the Plans are copyrighted works. Any modifications or derivative works of the Plans prepared by Buyer or its agents (including architects and engineers) are subject to Seller’s underlying copyright. Buyer hereby assigns to Seller any and all ownership interest it may be deemed to have in such modifications or derivative works, and agrees to execute any documents necessary to perfect Seller’s ownership thereof.
9. License Termination.
The license granted herein shall terminate automatically and without notice upon Buyer’s breach of any provision of this Agreement. Upon termination, Buyer must immediately cease all use of the Plans and destroy all digital and physical copies in Buyer’s possession or control. Seller’s rights and all provisions of this Agreement intended to survive termination (including but not limited to Sections 5, 6, 7, 8, 10, and 11) shall survive.
10. Enforcement and Remedies.
Buyer acknowledges that a breach of the license terms will cause Seller irreparable harm for which monetary damages are inadequate. Accordingly, Seller is entitled to seek immediate injunctive relief to restrain any unauthorized use, in addition to all other remedies available at law or in equity. In any action to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.
11. Governing Law, Venue, and Jury Trial Waiver.
11.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
11.2. Venue. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Collier County, Florida, and the parties hereby irrevocably consent to personal jurisdiction and venue therein.
11.3. JURY TRIAL WAIVER. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT.
12. Severability.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13. Entire Agreement.
This Agreement constitutes the entire agreement between Buyer and Seller regarding the Plans and supersedes all prior or contemporaneous understandings, communications, or agreements, whether oral or written. No amendment or modification of this Agreement shall be effective unless in a writing signed by both parties.