TERMS OF USE SIMPL3D APP

SIMPL3D – SYNOPSIS OF TERMS OF SERVICE SIMPL3D APP

Last updated: 13-07-2016

This is a summary of the Simpl3D Terms of Use ("ToS") which govern your use of Simpl3D’s services through its mobile applications (collectively, "Services").

 

This summary is for ease of reference only.

  1. Services. Our Services enable you to create 3D designs and generate 3D print files easily. By using our Services, you accept the applicability of our ToS. If you choose to print a design through our app or platform, you will enter into an agreement with one of our Print Partners and the terms and conditions of such Print Partner may apply to their services. (read more…)

  2. Intellectual Property Rights. All Intellectual Property rights regarding the App, Platform and predefined designs vest in Simpl3D or its licensors. If you create any intellectual property rights through our Services by creating designs of your own, the Intellectual Property Rights shall vest in you. (read more…)

  3. License. You may use our Services to create and print designs. The License to use our Services is effective upon your clicking the "Accept" button. We are entitled to terminate our Services without prior notice at any time and without cause and upon any termination you will no longer be permitted to use our Services. (read more…)

  4. Availability, Use and Restrictions. Our Services entail the valuable, patented and trade secret property of Simpl3D or its licensors. Copying of (any portion of) the Services is prohibited. At all times we maintain the right to revise or discontinue any module of the Services or to change these ToS. You agree not to use our Services in a way that could violate any law or the rights of any person, including Intellectual Property Rights or expose us to legal liability. (read more…)

  5. Liability, warranties and damages. The Services are provided "as-is". Simpl3D shall not be liable to you or third parties for any consequential losses or damages resulting from any use of the Services or Print Services. Simpl3D shall not be responsible or liable for any claims regarding Designs of your own or remixes and you agree to indemnify Simpl3D for any claims brought by third parties resulting from the use of the Services or the Print Services regarding your Designs. (read more…)

  6. Security and data storage. You are responsible for your own use of the Services and for the use of your username and password and it is your own responsibility to maintain a backup of files designed through our Service. (read more…)

  7. Privacy. We will not sell any non-public personal information to third parties. If you wish to use the Print Services, we will only share the information with the Print Partner selected by you in so far as that is necessary to enable the Print Partner to perform the Print Services. (read more…)

  8. Governing law. Your use of the Services is construed in accordance with and shall be governed exclusively by the laws of the Netherlands. (read more…)

 

TERMS OF SERVICE SIMPL3D APP

Genicap 3D Printing Solutions B.V. (hereinafter also referred to as ‘Simpl3D’) is registered in the Trade Register of the Chamber of Commerce and Industry under number NL8548.34.941.B01. These Terms of Service (“ToS”) governing the Simpl3D application. The user of the Simpl3D application (‘you’) is permitted to access and use the Services and Simpl3D mobile applications (“App”) subject to the following terms and conditions only. You can find the applicable Terms of Service which govern your use of our online platform (Platform) here.

Applicability

  1. These ToS form a binding contract between you and us regarding your access to and use of any of our App, services, products and (other) software that contain a link to these Terms of Service (individually and collectively, the “Services”).

  2. Please read these ToS carefully before you start to use our App as these will apply to your use of our services. We recommend that you save or print a copy of this for future reference.

  3. By using our App, you confirm that you accept these ToS and that you agree to comply with them. If you do not agree to these ToS, you must not use our App.

Services

  1. Our Services enable you to create 3D Designs and generate Simpl3D print files easily with use of our App. The designs you create, submit, post or display on or through our Services are hereinafter referred to as “Designs”. By accessing and using our Services, you accept the applicability of these ToS.

  2. If you make use of our Platform to save, add, post, submit, link or upload content, including Designs, to our Platform you will first have to submit to the applicable Terms of Service. These ToS are not applicable to the use of our Platform.

  3. You can also use our Services to have your 3D Designs printed directly by one of our 3D print partners (“Print Partners”). These print services carried out by our Print Partner(s) are hereinafter referred to as “Print Services”.

  4. These ToS are applicable to the use of the Service by you or a third party on your behalf. These ToS are not applicable to the use of the Print Services. Our Print Partners use their own terms of service for such Print Services.

Intellectual Property Rights

  1. We and our licensors own all right, title, and interest (including, without limitation, patents, copyrights, trademarks, trade secrets, and all other intellectual property rights) in and to the Services including the App, any technical requirements and end-user documentation for the Services made available to you by us and any content (excluding your Designs) provided by us (not other users) and used in connection with, or generated by, the Services.

  2. Simpl3D reserves all rights not expressly granted to you in these ToS. Simpl3D retains title and interest in and to any and all existing and future intellectual property rights and all rights related to it, including the licensed intellectual property rights with regard to the App and Services. We may also license rights owned by third parties with whom we have agreements.

  3. You, as user of our Services, retain all your intellectual property rights in your 3D Designs, including without limitation any and all derivative works like 3D renders. Except for the rights and licenses with respect to your Designs specified below, Simpl3D shall not use, modify or display your 3D Designs or derivatives thereof.

  4. By creating your Designs using the Services, you represent and warrant that it is your original creation and not copied from any third party and/or entity. You further represent and warrant that you have all rights to grant the below licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, patent, contract rights, or any other intellectual property or proprietary rights.

  5. You warrant and represent that your Designs are not or do not contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information.

  6. Simpl3D has no obligation to review the Designs and can in no way be held responsible for the Designs. You agree that Simpl3D shall under no circumstances be liable for indirect, special and/or consequential damages, costs and expenses, howsoever occurred.

  7. By accessing and using our Services you submit to our Designs Policy which can be found here.

  8. In order to make the Services available to you, we need a license from you. By designing your Designs using our Services, you grant Simpl3D a non-exclusive, royalty free, worldwide, transferable, and sublicensable right and license (i) to use or allow Print Partners to use your Designs for the manufacturing of your Designs in order to fulfill your order; (ii) if you choose to share your Design; to display your Designs on our Platform and to generate and display 3D renders of your Designs; and (iii) to use the Designs as necessary for the operation and maintenance of the Services.

  9. By removing your Designs from the Services, you terminate all licenses granted to Simpl3D and its Print Partners to such Designs under these ToS; provided that Simpl3D or its Print Partners are entitled to use your Designs to fulfill any order of you placed before the removal.

License

  1. The Services Simpl3D provides, and all rights related to it, are owned by us and or by third parties with whom we have agreements. We hereby grant to you and you accept a nonexclusive license to use the Services including our App (“License”). You have only the limited rights to use the Services as are expressly granted to you under this ToS and no other rights are granted or conveyed, or will be deemed to be granted conveyed, whether by implication, estoppel, or otherwise.

  2. The License is effective upon your clicking the "Accept" button. We may terminate the License upon the breach by you of any term hereof.

  3. We are entitled to terminate the License without prior notice at any time and without cause.

  4. Upon any termination you will no longer be permitted to use the Services of Simpl3D. All licenses granted hereunder will terminate.

  5. You are responsible for the access of, and maintenance of all equipment used in conjunction with the Services. This includes all computers, software, and any communication equipment used for the Services.

  6. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under the License.

  7. The Services are licensed hereunder solely for your personal use and only for its intended purpose. We have no responsibility or liability for damages or claims relating to any use of the Services on a Professional Basis.

  8. We have no responsibility or liability for damages or claims relating to any use of the Print Services.

Availability, use and restrictions on the Services

  1. Simpl3D maintains the right to revise or discontinue any facet of the Services. This includes, but is not limited to, hours of operation, functionality and pricing for the Services.

  2. We reserve the right to limit the availability of the Service, in whole or in part, to any person, for any purpose, and to any geographic area or jurisdiction we choose, at any time and in our sole discretion.

  3. Simpl3D reserves the right to change these ToS, as it feels necessary. Any use of the Services by you after notification serves as acceptance of ToS changes.

  4. This Services is the valuable, patented and trade secret property of Simpl3D or third parties that have contributed thereto. Copying of (any portion of) the Services is prohibited.

  5. In accessing or using the Services, you agree not to (or permit anyone else to) do or attempt any of the following:

    1. use distribute, rent, loan, lease, sell, sublicense, or otherwise transfer or offer the Services for any commercial purpose;
    2. remove or alter, any copyright, trademark, confidentiality or other proprietary notices, designations, or marks;
    3. modify, translate, adapt, arrange, or create derivative works of the Services, except as permitted in these ToS;
    4. decompile, disassemble or reverse engineer, or determine any source code, algorithms, methods, or techniques of the App;
    5. interfere with, damage, or disrupt the operation or any security-related features of the Services, gain unauthorized access, or restrict or inhibit use by others;
    6. use any robot, spider, or other system, device or mechanism to access the Services likely to disrupt or disable or destroy the Services or any designs of our users;
    7. frame or mirror any part of the Services or create a competitive business to the Services;
    8. collect or store personal information about any person or entity in violation of these ToS;
    9. advertise, promote or solicit any goods or services for any commercial purpose except as expressly authorized by us or expressly permitted by these ToS;
    10. use the Services, any feature thereof or any Designs in a way that could or does violate any law or the rights (including without limitation, the copyright, trademark, patent, trade secret other intellectual property, proprietary or other rights) of any person, firm or entity or expose us to legal liability; or
    11. pose a security risk to the Services or to any other user.
  6. Simpl3D has no obligation to monitor the Services and/or Designs designed and stored by you or any use thereof by you or retain the Designs of your user session.

  7. Simpl3D reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Liability, warranties and damages

  1. You are responsible for your use of the Services, for any Designs you post and create using our Services, the Print Services and for any consequences thereof.

  2. Simpl3D shall not be liable to you or third parties for any loss or damage resultiLiability, warranties and damages

    ng from any use of the Services or the Print Services, except in cases of willful intent or gross negligence on the part of Simpl3D.

  3. You will, at your sole expense and to the fullest extent permitted by law, indemnify, defend (at our request), and hold harmless us and our affiliates, agents and suppliers and each of their respective officers, directors and employees against any and all losses, liabilities, expenses (including reasonable attorneys’ fees) suffered or incurred by us by reason of any claim, suit or proceeding arising out of or in connection with:

    1. your Designs or use of Your Designs, including, without limitation, any assertion that your Designs or the use thereof may infringe any copyright, trademark, or other intellectual property or other rights of any individual or entity, or are a misappropriation or violation of any individual or entity’s trade secret or other rights, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials, or use thereof caused death or bodily injury or damage to the real or tangible property of any third party;
    2. any breach of or failure by you to comply with these ToS; or
    3. use of the Services by you (or anyone who accesses the Services through you).
  4. The Services are provided "as-is" and “as-available”, to the maximum extent permitted by applicable law. Simpl3D hereby expressly disclaims any representations or warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of our Services. Your use of the Services and Print Services (in whole or in part) and any Designs is always at your own discretion and risk.

  5. Please note we are not responsible for determining the suitability of any products, services, materials and processes made available to you by or through the Services and Print Services. Simpl3D is not responsible for and assumes no responsibility for any claims regarding your Designs. We will not be liable in any manner whatsoever for any results or Designs designed through our Services or any products developed through the Print Services.

  6. In no event shall Simpl3D or its licensors be liable for any direct, indirect, consequential, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption costs to prevent or mitigate such damages) resulting from, arising out of or in connection with the use of, or inability to use our Services or the Print Services.

  7. You are responsible for establishing the adequacy of independent procedures for testing the reliability, accuracy and completeness of your Designs, output, products or materials used and/or developed by you in connection with the Services and Print Services.

  8. If there is a dispute between you and our Print Partner(s) regarding the Print Services or otherwise, Simpl3D is under no obligation to become involved.

Security and data storage

  1. You are responsible for your own use of the Service. You will at all times be responsible for the use of your username and password and backup of your data.

  2. Information provided by you is stored on servers owned and maintained by us. The Services operates under security protocols to protect your information.

  3. You shall all times maintain your own copy of your Designs designed through our Service.

Privacy policy notification

  1. We do not sell any personal information to third parties.

  2. By clicking the "Accept" button, you agree that this acts as receipt of notice of our privacy policy that is available for viewing on our website and you understand that through your use of our Services you consent to the collection and use of this information.

  3. We reserve the right to periodically change the privacy policy. Such changes will be placed on our web site, and you agree to assume responsibility to regularly review any and all privacy notices posted there.

Miscellaneous

  1. Should any provision of these ToS be or be declared void, invalid, unenforceable or illegal by a court of competent jurisdiction, the validity and enforceability of the remaining provisions of the License shall not be affected. Failure of either party to enforce any provision of the License shall not constitute nor be construed as a waiver of such provision or of the right to enforce such provision.

  2. These ToS and the Privacy Policy together form the entire and exclusive agreement between Simpl3D and you regarding the Services (excluding any services for which you have a separate agreement with Simpl3D that is explicitly in addition or in place of these ToS), and these ToS supersede and replace any prior agreements between Simpl3D and you regarding the Services.

Governing law and competent court

  1. These ToS and our agreement with you is construed in accordance with and shall be exclusively governed by the laws of the Netherlands.

  2. Any and all disputes that may arise under or in connection with our agreement with you and or these ToS shall be exclusively referred to the competent court in Amsterdam, the Netherlands, unless mandatory laws designate another court.

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