TERMS OF USE

1. Acceptance of Terms

These Terms of Use ("Terms") you are reading are a legally binding agreement between 3DFY Ltd. ("3DFY.ai", "we" or "us") and yourself (“user” or "you") when you use 3DFY.ai’s website (“Website”) and Services (as defined below). By accessing and/or using the Website and Services, you represent that you have read, understood, accepted and agreed to be bound by these Terms. Please note that the term "you" also includes the company or other entity/organization on whose behalf you are accepting these Terms, to the extent applicable. If you do not have the requisite authority, you may not accept these Terms and/or use the Service on behalf of any company or other entity/organization. If you do not agree to these Terms, do not use the Website and Services.

3DFY.ai.ai reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for viewing these Terms periodically. Your continued use of the Website and Services after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of the Website and Services and to cancel any Account(s) (as defined below) created for your use of the Services.

If you violate the Terms, 3DFY.ai.ai reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend all or part of the Account(s) created for your use of the Services. You agree that 3DFY.ai does not need to provide you notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.

You declare that by acceptance of these Terms and/or by using the Website and Services you are at least 18 years of age. You may not use the Website and Services and may not accept these Terms if you are a person barred from using the Website and Services under the laws of the country in which you are resident or from which you access the Website and Services. If the Website and Services or any part thereof are determined to be illegal under the laws of the country in which you are situated, you shall not be granted any right or license to use the Website and Services, and must refrain from using the Website and Services.

2. Grant of License

Subject to your agreement and compliance with these Terms, and except as expressly agreed to otherwise by us, 3DFY.ai grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Website and Services. Use of the Website and Services shall be solely for your own purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Website and Services is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Website and Services shall immediately terminate, and you shall immediately refrain from using the Website and Services.

3. Description of the Services

3DFY.ai provides a cutting edge AI based 3D technology, which allows its users to create 3D models based on a small number of 2D images of the object and experience a demo (“Demo”) to use 3DFY.ai’s technology (“Services”). The Website is designed to provide essential information on 3DFY.ai and the Services and to enable users to contact 3DFY.ai regarding the Services and sign up and request to receive a Demo to experience 3DFY.ai’s Services.

4. Access to the Website and Services

It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Website and Services. 3DFY.ai does not provide you with the equipment to access and/or use our Website and Services. You are responsible for all fees charged by third parties related to your access and use of the Website and Services (e.g., charges by internet service providers or air time charges).

 3DFY.ai cannot guarantee that the Website and Services will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Website and Services, and may result in the failure of your communications including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. 3DFY.ai takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

5. Account Information

In order to register to use our Services via 3DFY.ai’s Demo, you will provide us with some information so 3DFY.ai could provide you with access code ("Login Information") to access the Demo. The following rules govern the security of the Account(s) created and Login Information. For the purposes of these Terms, references to Account(s) and Login Information shall include any account and account information, including user names, passwords or security questions that may be used to access the Demo:  

a. You shall not share your Account(s) or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account(s) unless agreed otherwise between you and 3DFY.ai.

b.You represent that all information you provide to create an Account or to register to 3DFY.ai’s Services, is accurate and truthful and that you will maintain the accuracy and truthfulness of such information. In case the information you provide is no longer accurate, you shall notify 3DFY.ai immediately, and 3DFY.ai, in its sole discretion may terminate your Account or prohibit you from participating in its conferences.

c. In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account(s), you must immediately notify 3DFY.ai and modify your Login Information;

d. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;

e. You are responsible for anything that happens through your Account(s), whether or not such actions were taken by you, including, for the avoidance of doubt, actions taken by third parties. You therefore acknowledge that your Account(s) may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal;   

f. You undertake to monitor your Account(s) and restrict use by any individual barred from accepting these Terms and/or using the Website and Services, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Demo and Services by any of the above mentioned.

g. 3DFY.ai reserves the right to remove or reclaim any user names at any time and for any reason, including but not limited to claims by a third party that a user name violates such third party's rights.

6. Rules of Conduct and Usage

You represent and warrant that you have full right and authority to use the Website and Services to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of the Website and Services. Without limiting the foregoing and in recognition of the global nature of the internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.

In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:

a. Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Website and Services or the computers of other users of the Website and Services;

b. Create false personas, multiple identities, multiple user Accounts, set up Account(s) on behalf of someone other than yourself unless permitted explicitly by 3DFY.ai, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications through which the Website and Services are accessed;

c. Attempt to obtain passwords or other private information from other users including personally identifiable information (whether in text, image or video form);

d. Make representations with respect to 3DFY.ai not approved in these Terms or otherwise in advance and in writing by 3DFY.ai;

e. Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account(s) to anyone without 3DFY.ai's prior written consent;

f. Access or use Account(s) which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account(s) creator without 3DFY.ai's prior written consent; 

g. Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Website and Services;

h. Attempt to use the Website and Services on or through any service that is not authorized by 3DFY.ai. Any such use is at your own risk and may subject you to additional or different terms.

i. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Website and Services; and/or

j. Interfere with the ability of others to enjoy using the Website and Services, including disruption, overburden or aid the disruption or overburdening of the Website and Services’ servers, or take actions that interfere with or materially increase the cost to provide the Website and Services for the enjoyment of all its users.

You undertake that you shall not defraud, or attempt to defraud, 3DFY.ai or other users, and that you shall not act in bad faith in your use of the Website and Services. If 3DFY.ai determines that you have acted in bad faith and/or in violation of these Terms, or if 3DFY.ai determines that your actions fall outside of reasonable community standards, 3DFY.ai may, at its sole discretion, terminate your Account(s) and prohibit you from using the Website and Services. You agree that your use of the Website and Services shall be lawful and that you will comply with the usage rules.

7. Privacy

Any personal information you provide to us when creating or updating your Account(s), which may include, without limitation, name, phone number and e-mail address will be held and used in accordance with 3DFY.ai's Privacy Policy available at 3dfy.ai (the "Privacy Policy") which constitutes an integral part of these Terms. You agree that you will supply accurate and complete information to us, and that you will update information promptly after it changes.

8. Account Termination

3DFY.ai may refuse access to the Website and Services or may terminate your Account(s) without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account(s), or illegal or improper use of the Website, Services, or 3DFY.ai's intellectual property as determined by 3DFY.ai in its sole discretion. You may lose your username as a result of Account termination, without responsibility on the part of 3DFY.ai for any damage that may result from the foregoing. If you have more than one Account, 3DFY.ai may terminate all of your Accounts.

9. Intellectual Property Ownership

3DFY.ai and/or its affiliates retain all rights in the Website, Demo, and Service's materials (including, but not limited to, applications, software, designs, graphics, texts, information, presentations, pictures, video,3D models, sound, music, and other files, and their selection and arrangement) (collectively, "3DFY.ai Materials"). The entire contents of the Website, Demo and Services are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may use the 3DFY.ai Materials solely for your personal purpose, including the purpose of legitimate use of the 3DFY.ai Materials by the company or other entity/organization on whose behalf you are accepting these Terms, and all subject to the limitations set forth in these Terms. You may not use the 3DFY.ai Materials in collaboration with any other person or entity by any means whatsoever, including without limitation, via third-party content sharing or conference services. You shall not download, scrape, screenshot, copy, transfer distribute, reproduce framed, republish, transmit or post any of the 3DFY.ai Materials for any other purpose other than for your own personal use and impression and in particular, may not use 3DFY.ai Materials for any benchmark test. 

Without derogating from the above, you shall not nor shall not cause any other party to modify, decompile, disassemble, reverse engineer, create derivative works from, rent, sub-license, scrape, download, display, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the 3DFY.ai Materials pursuant to these Terms or otherwise exploit any of the 3DFY.ai Materials without 3DFY.ai’s explicit, prior written consent. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from 3DFY.ai. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account(s) as well as severe civil and criminal penalties. 

3DFY.ai owns all right, title, and interest, including copyrights and other intellectual property rights, in and to all the 3DFY.ai Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Website and Services or by reviewing any of the 3DFY.ai Materials, or rights to any derivative works thereof. 

You are not required to provide 3DFY.ai with any feedback or suggestions regarding the Website, Services or any of the 3DFY.ai Materials. However, should you provide 3DFY.ai with comments or suggestions for the modification, correction, improvement or enhancement of the Website, Services, Demo and/or any of the 3DFY.ai Materials, then, subject to the terms and conditions of these Terms, you hereby grant 3DFY.ai a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner 3DFY.ai chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of 3DFY.ai's and its sublicensees' products and content embodying such comments or suggestions in any manner and via any media 3DFY.ai chooses, but without reference to the source of such comments or suggestions.

10. Disclaimer of Warranty;  Limitation of Liability;  Indemnification

You agree that your use of the Website and Services shall be at your sole risk. To the fullest extent permitted by law, we, our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on our behalf, disclaim all warranties, explicit or implied, in connection with the Website and Services and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. We make no warranties or representations about the accuracy or completeness of the content of the Website and Services, of the content of any sites linked to the Website and Services, and assume no liability or responsibility for any:

a. Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;

b. Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Website and Services;

c.  Any unauthorized access to or use of secure servers and/or any and all personal information stored therein;

d. Any interruption or cessation of transmission to or from the Website and Services;

e.  Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website and Services by any third party; 

f. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Website and Services.

WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL WE, OUR MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, AFFILIATES, EMPLOYEES, CONSULTANTS, SERVICE PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY ACTING ON OUR BEHALF, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE AND SERVICES OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU.

You agree to indemnify and hold us, and each of our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on its behalf, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following:

a. Your use of and access to the Website and Services;

b. Your violation of any term of these Terms;

c. Your violation of any third party right, including without limitation any copyright, property, or privacy right;

d. Any claim that any user submission made by you has caused damage to a third party; and/or

Additionally, we shall not be deemed to be in breach of these Terms, nor shall we incur any liability or bear any responsibility due to a delay or failure in performance caused by Force Majeure. "Force Majeure" referrers to circumstances beyond our reasonable control, including but not limited to acts of God, fire, flood, epidemic, war, terrorism, embargo, accident, labor disputes, or shortage of material, equipment or transport, any law, regulation, or any ruling of court, tribunal or governmental agency.

11. Links to Other Websites

The Website and Services may contain links to other websites or resources (the "Linked Sites"). The Linked Sites are not under the control of 3DFY.ai and 3DFY.ai is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. 3DFY.ai is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by 3DFY.ai of the site or any association with its operators. You acknowledge and agree that 3DFY.ai will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or service available on or through any such site or resource.

12. Notices

Notices to you may be made via the Website and/or e-mail. 3DFY.ai may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Website. You agree that all agreements, notices, disclosures and any other communications that 3DFY.ai provide as aforementioned satisfy any legal requirement that such communications be in writing.

13. General

By using or visiting the Website and Services, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and 3DFY.ai. Any claim or dispute between you and 3DFY.ai that arises in whole or in part from your use of the Website and Services shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel. 3DFY.ai reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Website and Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND 3DFY.ai AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

For any questions about these Terms or any other issue regarding 3DFY.ai or the Website and Services please contact us at: contact@3dfy.ai.

Last update: April 2021.

All rights reserved, 3DFY.ai Ltd.