Effective Date: October 20, 2016
We have developed and operate the website located at www.vectary.com (Site) whereby the users can create and share digital designs that can be customized, downloaded and/or printed on 3D printers to create physical objects (collectively, with all other services accessible through the Site the Services).
1. CLOSED BETA OPERATION
- 1.1 These terms shall govern a closed beta operation of the Site and/or the Services by a limited number of users carefully chosen by the Company to test, improve and further develop the Site and/or the Services. The operation of the Site and/or the Services is under development and may not yet function as intended and bugs or errors may cause (i) temporal interruption of the Site and/or the Services, (ii) loss of data or content, (iii) loss of results of the works created by using the Site and/or the Services and etc. We will bear no liability in respect of any such adverse effects.
- 1.2 During the closed beta operation, at our sole discretion we may provide access to the Site and/or provide the Services free of charge or introduce charges (or paid subscriptions) applicable to the Services (or any part of it). Without prejudice to paragraph 3, at any time, we may change the commercial terms applicable to the closed beta operation of the Site and/or the Services by sending you a written notice via the email you have provided us during Site registration or by posting such information in your Account or on the Site.
2. PURPOSE AND SCOPE
3. REGISTRATION AND SUBSCRIPTIONS
- 3.1 To be able to use all of the functions of the Site and the Services (e.g., to create, upload, modify, download or display a project etc.), you will need to login to your Account.
- 3.2 Before the first use of the Services, you will be required to register and create an account (Account) by supplying us truthfully and fully with the required data (some of the data being provided on voluntary basis only) as prompted at the Site. You must choose an email address at which we can contact you and link actions from other people to you.
- 3.3 You are responsible for keeping your password confidential. This means, that you should not give it to anyone else, should not permit or enable third parties to gain access to it and that you shall take the necessary steps to guarantee its confidentiality and security. If your password is lost or misused or if you suspect that they have been lost or misused, you must notify us of this immediately via our email to firstname.lastname@example.org.
- 3.4 We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. The terms of your subscription will be disclosed at the time you sign up or in other communications made available to you. You can find specific details regarding your subscription within your Account profile. We reserve the right to modify, terminate or otherwise amend our subscription plans at any time, in our sole and absolute discretion.
- 3.5 Certain Services or Plug-ins provided by us may be paid (require paid subscription) (Paid Services). Depending on our offer communicated to you, the Paid Services may be subject to one-off fee (One-off Fee) or subscription payment for a subscription period (Paid Subscription) (One-off Fee and Paid Subscription collectively being referred to as the Fee). PAID SUBSCRIPTIONSWILL RENEW AUTOMATICALLY UNTIL YOU CANCEL THEM. PAID SUBSCRIPTION PRICES MAY CHANGE AND WILL RENEW AT THE THEN-APPLICABLE SUBSCRIPTION COST. IN ORDER TO AVOID BILLING FOR A RENEWED SUBSCRIPTION PERIOD, YOU MUST CANCEL PAID SERVICES OR DOWNGRADE THE PAID SUBSCRIPTION BEFORE LAPSE OF THE APPLICABLE SUBSCRIPTION PERIOD. YOU MAY DOWNGRADE FROM A PAID SUBSCRIPTION TO OTHER PAID SUBSCRIPTION OR TO A FREE SUBSCRIPTION AT ANY TIME (DOWNGRADE) BY FOLLOWING THIS www.vectary.com/pricing AND SUCH DOWNGRADE SHALL TAKE EFFECT AT THE BEGINNING OF THE NEXT SUBSCRIPTION PERIOD. PLEASE BE AWARE THAT AFTER DOWNGRADING YOU WILL LOSE THE RIGHT TO USE CERTAIN SERVICES AVAILABLE ONLY UNDER THE RELEVANT PAID SERVICES AND THAT MAY AFFECT YOUR ABILITY TO USE YOUR PROJECTS. In the case of a material change in the terms of the automatic renewal, we shall provide you with notice of the material change and provide information regarding how to cancel in a manner that is capable of being retained by you.
4. USER CONTENT
- 4.1 You are solely responsible for any and all information and content that you create using, submit to use, or used with the Site and/or Services (e.g., Your Private Projects, Your Public Projects in the user's profile or your postings) (Your Content).
- 4.3 In your Account you have an option to choose whether the projects created by you using the Site and/or the Services (and/or uploaded into the Site) will be held private, i.e. accessible only by you for your private use (Your Private Projects) or published and accessible to the other Site’ and/or Services’ users under the licensing terms set out in paragraph 8.4 of these Terms and Conditions (Your Public Projects).
- 4.4 We accept no responsibility for any User Content created or uploaded by you or other Site’ or Services’ users, and you create and use such User Content at your own risk. Furthermore, we accept no responsibility for design and/or content of external websites linked to/from the Site. In particular, we give no guarantee that the content showed in the Site is true, fulfills any particular purpose or can serve any particular purpose. Furthermore, we accept no responsibility for any User Content and give no warranty that the User Content is accurate, complete, useful for any purpose (direct or implied) that may be published at the Site. We do not examine whether User Content uploaded to the Site is appropriate or free of viruses nor do we determine whether it is technically possible to examine it for viruses.
- 4.6 You alone are responsible for Your Content. When using the Site and/or Services you must ensure that any of Your Content does not violate the User Policy. You may not state or imply that Your Content is in any way provided, sponsored or endorsed by the Company. IT IS YOUR RESPONSIBILITY TO BACK UP ANY OF YOUR CONTENT AND TO CARRY OUT OTHER SECURITY MEASURES TO PREVENT ANY ACCIDENTAL LOSS OR DAMAGE TO YOUR CONTENT AND TO GUARANTEE RECONSTRUCTION OF ANY OF YOUR USER CONTENT IN CASE OF DATA LOSS.
- 4.7 WE RESERVE THE RIGHT TO DELETE ANY USER CONTENT THAT IS (OR POTENTIALLY MAY BE HELD) IN VIOLATION WITH THE USER POLICY OR ANY APPLICABLE LAW IN ANY TERRITORY WHERE THE SITE AND/OR SERVICES ARE USED (OR POTENTIALLY MAY BE USED).
- 4.8 WE RESERVE THE RIGHT TO DELETE ANY PRIVATE PROJECTS CREATED AND/OR UPLOADED INTO THE SITE, IF YOU HAD NOT USED (OR PAID) ANY OF THE SERVICES IN THE PREVIOUS 12 MONTHS.
6. PAYMENTS AND BILLING
- 6.1 You must have a valid payment instrument, such as a credit card or other permitted payment method (Payment Instrument) in order to purchase our Paid Services. By submitting your Payment Instrument you confirm that you are entitled to use the Payment Instrument for the purpose of subscribing to the Paid Service(s). The subscription fees will be billed by us automatically to your Payment Instrument on the calendar day corresponding to the day you subscribed for the Paid Services (or any of them). Every further payment will be due at the beginning of the new subscription period of the Paid Subscription.
- 6.3 You may be charged a foreign transaction fee or other charges by the issuer of your Payment Instrument for certain payments. For further details on foreign transaction fees please check with your Payment Instrument service.
- 6.4 PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR A PARTIALLY USED SUBSCRIPTION PERIOD. HOWEVER, FOLLOWING THE CANCELLATION OF ANY PAID SUBSCRIPTION, YOU WILL CONTINUE TO HAVE ACCESS TO PAID SERVICES UNTIL THE END OF YOUR CURRENT SUBSCRIPTION PERIOD. AT ANY TIME, AND FOR ANY REASON, WE MAY PROVIDE A REFUND, DISCOUNT, OR OTHER CONSIDERATION TO ANY OR ALL OF OUR USERS (CREDITS). THE AMOUNT AND FORM OF SUCH CREDITS, AND THE DECISION TO PROVIDE THEM, ARE AT OUR SOLE AND ABSOLUTE DISCRETION. THE PROVISION OF CREDITS IN ONE INSTANCE DOES NOT ENTITLE YOU TO CREDITS IN THE FUTURE FOR SIMILAR INSTANCES, NOR DOES IT OBLIGATE US TO PROVIDE CREDITS IN THE FUTURE, UNDER ANY CIRCUMSTANCES.
- 6.5 You must keep your Payment Instrument information at your Account up to date. If your default Payment Instrument is declined for any reason and you have not updated or changed your Payment Instrument information in your Account, you will be responsible for any unpaid Fees or other payments and you authorize us to continue billing the Payment Instrument, as it may be updated.
- 6.6 If you are delayed with your payment obligations (including immediately after the first default): (i) we will be entitled to block your access to the Account and/or the Services (or any of them) and we shall be under no obligation to provide any or all of the Services while the payment(s) concerned remain unpaid; and (ii) interest shall accrue at the rate of 8% per year.
- 6.7 You may not offset Fee against any receivable you may have against us for any reasons.
7. USER POLICY
- 7.1 Rules for using the Site and/or the Services (User Policy):
- (a) When using the Site and/or the Services you must obey all relevant laws and other legal provisions. In particular, you may not enter and/or disseminate unlawful User Content or User Content that infringes intellectual property and any other third party rights.
- (b) You are not allowed to attack the operational capacity of the Site by any means, such as: sending mass emails (spam); carrying out hacking attempts or brute-force attacks; using or sending spy software, facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
- (c) You are not allowed to act in a manner, including creating User Content, that is defamatory, libelous, threatening or harassing, abusive, invasive of another's privacy, vulgar, pornographic, sexually explicit, obscene, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials or is otherwise objectionable towards us or other users in our sole and absolute discretion;
- (d) You must refrain from:
- (i) accessing our Site and/or using the Services in order to build a product or service which competes with our Site and/or the Services;
- (ii) attempting to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form of the Site;
- (iii) using any robot, spider, other automatic devices, or manual processes to monitor or copy out Site;
- (iv) unless allowed as a part of Paid Services, using the Site and/or the Services to provide services to third parties;
- (v) unless allowed as a part of Paid Services, commercially exploiting User Content;
- (vi) solicit login or any other information or data about other users or access an Account belonging to another user without their consent;
- (viii) using the Site and/or the Services to send unauthorized advertisement, spam, chain letters, pyramid schemes or any other promotional materials or messages, whether commercial or not.
- (e) You must use all reasonable efforts to prevent any unauthorized access to, or use of, the Site and/or Services and, in the event of any such unauthorized access or use, promptly notify the Company.
8. INTELLECTUAL PROPERTY RIGHTS
- 8.3 You hereby grant the Company an irrevocable, nonexclusive, royalty-free, worldwide license to use Your Content (including Feedback) for all known purposes without any restrictions during the whole period of protection of the intellectual property rights, solely FOR THE PURPOSES OF OPERATING THE SITE AND/OR THE SERVICES (and including Your Content in the Site and/or the Services). The license hereunder includes inter alia the right to reproduce, distribute, publicly display and perform, prepare derivative works of, and incorporate into other works Your Content. The license is granted as a royalty free license and you will not be entitled to charge any fee or claim any other payment in respect of such license. The Company shall be allowed to sublicense or assign (as the case may be) the license to any of its affiliates, subcontractors and business partners or other legal successors. The Company is not required to use the license. You hereby represent and warrant that you have all the necessary rights required for granting the license under this paragraph.
- 8.5 The Digital Millenium Copyright Act and Copyright Complaints. We respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
- (i) We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to email@example.com. (Subject line: “DMCA Takedown Request”).
- (ii) To be effective, the notification must be in writing and contain the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
- A description of the copyrighted work or other intellectual property that you claim has been infringed.
- A description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
11. THIRD PARTY SITES AND ADS
- 11.1 The Site might contain links to third party websites, services, and advertisements for third parties (Other Websites and Ads). Such Other Websites and Ads are not under the control of the Company and the Company is not responsible for any Other Websites or Ads. The Company provides these Other Websites and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Other Websites or Ads. You use all Other Websites and Ads at your own risk. When you link to any other Website or Ad, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Other Websites and Ads.
- 12.1 You acknowledge that the Site and/or the Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Site and/or the Services meet your requirements.
- 12.2 THE SERVICES AND THE SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Except for any consumer rights under your local laws that can not be contractually avoided, we hereby, to the extent permitted, exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- 12.3 You should be aware that the Site may contain bugs, viruses, harmful codes and we shall bear no liability for any of them. We will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
- 12.4 To the fullest extent permissible by applicable law, we hereby disclaim any and all responsibility, risk, liability and damages arising out of death or personal injury resulting from use of the Site and/or the Services. We shall bear no liability for any damage to your equipment (computer, phones, tablets, 3D printers or other devices) arising from your use of the Site or the Services.
- 12.5 You hereby acknowledge that legally we will not be engaged (and we will not have any obligation to become engaged) in any interaction among users of the Site and/or the Services (e.g. in situation when a user uses a User Content of any other user) and you agree to fully exclude us from any claims, liabilities and/or other responsibilities you many have in respect of such interaction.
13. LIMITATION AND LIABILITY
14. TERM AND TERMINATION
- 14.2 In case of a free subscription, we may terminate or suspend your rights to use the Site and/or the Services (including your Account), or parts thereof, at any time for any reason at our sole discretion.
- 14.4 In case of a Paid Subscription, (and without limiting the effect of Section 14.3 above) we may as of the end of your current paid period terminate or suspend your rights to use the Site and/or the Services (including your Account) or any parts thereof at our sole discretion. Upon termination for reasons according to this paragraph, we will allow you, for the period of 14 days of the date of termination, to access your inactive Account only for purposes of downloading Your Content. Upon lapse of this period, we have the right, but not the obligation, to permanently delete Your Content; and we and our affiliates also have the right but not the obligation to maintain Your Content. The Company will not have any liability whatsoever to you for any terminated use of the Site or Services, including for termination of your Account or deletion of Your Content.
15. INSTRUCTION ON REVOCATION
- 15.2 You have a legal right to revoke use of the Paid Services in accordance with the following conditions:
- (a) You have the right to withdraw from the Paid Services within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the subscription.
- (b) To exercise the right of withdrawal, you must inform us through our e-mail listed above of your decision to withdraw from any of the Paid Services by an unequivocal statement (e.g. email in the following form: “Vectary Inc., e-mail: firstname.lastname@example.org. I/We hereby give notice that I/We (*) hereby withdraw from the following Paid Services: [insert].”
- (c) To meet the withdrawal deadline, it is sufficient if you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
- 15.3 If you withdraw from any Paid Service, we shall reimburse all Fees received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery that we offer), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
- 15.4 Consumers do not have a right of withdrawal in case of the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent before the end of the 14-day withdrawal period and his acknowledgment that he thereby loses his right of withdrawal. Furthermore, in case of a service contract consumers do not have a right of withdrawal after the service has been fully performed if the performance has begun with the consumer’s prior express consent during the 14-day withdrawal period, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader.
- 15.5 Important: You hereby expressly acknowledge that you lose your right of withdrawal in respect of: (i) the purchase of the Paid Services once the performance has begun and (ii) the Paid Services provided by us if the performance has begun with your express consent and once the contract has been fully performed by us.
16. GOVERNING LAW
- 17.1 By using the Site and/or the Services, you consent to receiving certain electronic communications from us relating to your subscription. These communications may involve sending emails to your last email address that you provided to us, or posting communications within the Site and/or the Services; will include notices about your Account (e.g. change in password or Payment Instrument, confirmation emails and other transactional information); and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Unless you opt out, you also consent to receiving certain other communications from us, such as notifications from your Account, notifications of new features, promotional announcements and customer surveys via e-mail. If you want to unsubscribe (i.e., opt out) from certain non-transactional email communications, you will have the opportunity to do so.
- 17.5 You may not assign any right, claim and/or receivable resulting from and/or related to use of the Site and/or the Services.