By viewing, browsing, or using this Site, the Plan Vault, or any Materials, you agree to be bound by these Terms. If you do not agree, you must not use them.
1. Definitions
"Site" means the Ziola Design website and any successor domain. "Plan Vault" means the Ziola Design plan browsing and shop tool, including its interface, layout, code, and navigation. "Materials" means all content made available on or through the Site or the Plan Vault, including drawings, floor plans, elevations, cross sections, renderings, photographs, video, text, pricing, logos, the Ziola Design seal and wordmark, and the design and source code of the Site and the Plan Vault themselves. "Plan" means any individual house design or construction drawing set offered by Ziola Design, custom or stock. "Licensed Plan" means a Plan for which a Building License has been purchased under Section 5. "Ziola Design" means the design practice operating under that name; Ziola Design is a registered D.B.A. of Neoteric 3D Inc., a corporation existing under the laws of British Columbia, and every other reference to "Ziola Design" in these Terms refers to that corporation, whatever its legal corporate name may become. Any questions about this notice may be sent to reception@zioladesign.com.
2. Ownership of Intellectual Property
All Materials are the exclusive property of Ziola Design and/or Brent Ziola personally, protected under Canadian, United States, and international copyright, trademark, and unfair competition law. Every Plan is an original architectural work; copyright in it belongs to Ziola Design and Brent Ziola from the moment it is created. The Plan Vault as a whole, its interface, its catalogue structure, its visual design, its source code, and its written content, is an original copyrighted work independent of any individual Plan shown within it. "ZIOLA DESIGN," "PLAN VAULT," and the associated seal and wordmark are trademarks of Ziola Design. No ownership or license of any kind is granted by viewing the Site or the Plan Vault. All rights not expressly granted in writing are reserved, in full, to Ziola Design and to Brent Ziola personally.
3. Prohibited Uses
Without Ziola Design's prior written consent, you must not copy, reproduce, republish, distribute, sell, or otherwise exploit any Materials; modify, reverse engineer, or create derivative works from any Plan, the Plan Vault, or the Site; use any Plan as the basis for a new design without a valid Building License; use scraping, crawling, or other automated means to access or extract Materials; frame, mirror, or embed the Site or Plan Vault elsewhere, or remove any branding or copyright notice; use any Materials to train or evaluate any machine learning or AI model, or to build a competing plan catalogue; build more dwelling units than a Building License permits; or use the Ziola Design or Plan Vault name or mark in a way suggesting endorsement without written consent.
4. Permitted Use of the Site and Plan Vault
Ziola Design grants a limited, non-exclusive, non-transferable, revocable license to view the Site and browse the Plan Vault solely to evaluate Ziola Design's services and Plans for a possible engagement. This does not include any right to copy, republish, or commercially exploit any Materials, and may be suspended or terminated at any time.
5. Licensed Plans — Building License Terms
Purchasing a Plan grants a single-build, non-exclusive, non-transferable license to construct one dwelling unit from that Plan, at one building site. It does not transfer copyright or ownership. It does not permit resale or transfer of the license except with a bona fide sale of the specific property, and only with Ziola Design's written consent. Building a second home from the same Plan requires a new, separately purchased license. Construction drawings may be shared only as reasonably necessary to obtain permits and complete the build. All Plans are provided for the purchaser's use only; it is the purchaser's sole responsibility to confirm code compliance, obtain permits, and retain a local professional to review, seal, or adapt the Plan as required. Ziola Design disclaims all liability arising from construction undertaken from a Plan, and reserves the right to refuse or revoke a Building License at its sole discretion.
6. The Plan Vault — A Protected Work in Its Own Right
The Plan Vault is not merely a listing of Plans. Its selection, arrangement, and presentation of Plans, its visual identity, its interactive tools, and its underlying software are original work belonging to Ziola Design and Brent Ziola, protected as a compilation and as a software work independently of any individual Plan shown within it. No person may build, publish, or operate a website, application, or tool that copies or substantially reproduces the look, feel, structure, navigation, or functionality of the Plan Vault, whether or not the Plans shown differ. Ziola Design actively monitors for unauthorized use and will pursue all available remedies against any violation.
7. Enforcement and Reporting Infringement
Report suspected infringement to reception@zioladesign.com with a description of the material, its location, and your contact information. Ziola Design reserves all rights and remedies available under the Copyright Act (Canada), the U.S. Digital Millennium Copyright Act, and any other applicable law, including takedown notices, civil claims for damages and injunctive relief, and referral to legal counsel as appropriate.
8. Disclaimer of Warranties
The Site, the Plan Vault, and all Materials are provided "as is" and "as available," without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, or non-infringement. Ziola Design does not warrant that any Plan complies with the building code or zoning requirements of any jurisdiction other than the one it was specifically prepared for, if any.
9. Limitation of Liability
To the maximum extent permitted by law, Ziola Design and Brent Ziola will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunity, arising from your use of the Site, the Plan Vault, or any Materials. Total aggregate liability for any claim will not exceed the amount you actually paid for the Plan in question.
10. Indemnification
You agree to indemnify, defend, and hold harmless Ziola Design and Brent Ziola from any claim, loss, liability, or expense (including reasonable legal fees) arising from your breach of these Terms, misuse of any Materials, or use of a Plan in construction.
11. Termination
Ziola Design may suspend or terminate your access at any time, without notice, for any reason, including suspected breach of these Terms. Sections 2, 3, 5 (as to any Plan already built or licensed), 6 through 10, and 12 through 17 survive any termination.
12. Trademark Notice
"ZIOLA DESIGN," "PLAN VAULT," and the associated seal and wordmark are trademarks of Ziola Design. All other trademarks appearing on the Site are the property of their respective owners.
13. Governing Law and Jurisdiction
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in that province. You irrevocably attorn to the exclusive jurisdiction of the courts of British Columbia for any dispute arising from these Terms or your use of the Site, the Plan Vault, or any Materials.
14. Changes to These Terms
Ziola Design may revise these Terms at any time by posting an updated version. Continued use after a revision takes effect constitutes acceptance of the revised Terms.
15. Severability
If any provision of these Terms is held invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
16. No Waiver
Ziola Design's failure to enforce any provision of these Terms is not a waiver of its right to do so later.
17. Entire Agreement
These Terms, together with any separate written Building License issued for a specific Plan, constitute the entire agreement between you and Ziola Design regarding their subject matter, and supersede any prior agreement or understanding, written or oral.
