Terms of Use

1.1 What these terms cover. These are the terms and conditions on which we supply services to you, whether these are goods, services or digital content.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

 

2.1 Who we are. We are Threedium Ltd, a company registered in England and Wales. Our company registration number is 10881024 and our registered office is at WeWork Marylebone, 119 Marylebone Rd, Marylebone, London, United Kingdom, NW1 5PU. Our registered VAT number is 280638392.

2.2 How to contact us. You can contact us by telephoning our customer service team at +447491567061 or by writing to us at info@threedium.co.uk.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

 

3.1 Our 3D solution/software used to create the 3D models (“3D solution or software”) requires the newest verisons of MacOS, Windows or Linux which can install the newest Google Chrome or Chromium version. Also users have to have the newest browsers Google Chrome or Chromium to have the best user experience and right workflow. The minimum system RAM memory is 6GB and an external graphic card which will require 1GB of its ram memory.

 

4.1 Account Set Up. All users who would like to use our 3D solution need to set up an account with us. All personal information provided to us as part of the account set up process is dealt with in accordance with Our Privacy Policy, a copy of which can be found on our website.

4.2 Password Protection. You must treat your password and any other user identification information you are provided with or which is set up for your use as confidential. You must not disclose it to any third party, and no third party shall use your account.

4.3 Right to disable accounts. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@threedium.co.uk.

 

5.1 In return for your agreeing to comply with these terms and making payment in accordance with Our Pricing Plan (as set out on Our website) you may:
(a) Access, view display and use the 3D solution, in accordance with these terms and to the extent detailed in the package purchased through Your account.
(b) use any documentation which we may provide you with relating to the 3D solution/software to support your permitted use of the software.
(c) receive and use any free supplementary software code or update of the software incorporating "patches" and corrections of errors as we may provide to you.

 

6.1 Minor changes to the 3D solution. We may change the software:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the software.

6.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

6.3 Changes to these terms. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least [30] days notice of any change by notifying you of a change when you next start the software.

6.4 If you do not accept the notified changes you may continue to use the software in accordance with the existing terms but certain new features may not be available to you.

 

7.1 Restrictions. You agree that you will:
(a) not rent, lease, sub-license, loan, provide, or otherwise make available, the software in any form, in whole or in part to any person without prior written consent from us;
(b) not copy the software or any documentation relating to the software, except as part of the normal use of the software or where it is necessary for the purpose of back-up or operational security;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the software, or any documentation relating to the software nor permit the software or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the software on devices as permitted in these terms;
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the software nor attempt to do any such things, except to the extent permitted by by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988.

7.2 Acceptable use restrictions. You must:
(a) not use the software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the software or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the software;
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the software;
(d) not use the software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any service.

 

8.1 All intellectual property rights in the 3D solution/software and any documentation relating to our software throughout the world belong to us and the rights in the software are licensed (not sold) to you. You have no intellectual property rights in, or to, the software, any documentation relating to the software or any services other than the right to use them in accordance with these terms. Any information, data, advertisement material which you input into the software to create your 3D model/advertisement will belong to you.

 

9.1 You can always end your package with us. Your rights when you end the package will depend on whether there is anything wrong with the software, how we are performing and when you decide to end the contract:
(a) If the software is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back) see clause 9.2;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.3; and
(c) If you have just changed your mind about the software. You may be able to get a refund if you are within the cooling-off period, see clause 9.4 and 9.5.

9.2 How to tell us about problems. If you have any questions or complaints about the software, please contact us. You can telephone our customer service team at +447491560761 or write to us at support@threedium.co.uk. The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If your digital content is faulty, you're entitled to a repair or a replacement. If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

9.3 Ending the contract because of something we have done or are going to do. If you are ending your package for a reason set out at (a) to (e) below the package will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about a major upcoming change to the package/software or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the package you have ordered and you do not wish to proceed;
(c) there is a risk that access to the 3D solution may be significantly delayed because of events outside our control;
(d) we have suspended access to the software for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 5 days or
(e) you have a legal right to end the contract because of something we have done wrong.

9.4 How long do I have to change my mind? You have 14 days after confirmation of your purchase, provided you do not access the 3D solution.

9.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of digital products after you have accessed the 3D solution.

 

10.1 We may end your rights to use the software at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

10.2 If we end your rights to use the software:
(a) You must stop all activities authorised by these terms, including your use of all the elements of your pricing plan.
(b) You must delete or remove the software from all devices in your possession and immediately destroy all copies of the software which you have and confirm to us that you have done this.

 

11.1 Where to find our package prices. The price of the 3D solution packages we offer are set out on this address. 11.2 When you must pay and how you must pay. We accept payment with Visa Debit, Visa Credit, Visa Pay, Matercard, Maestro, American Express, Diners Club International, Union Pay, PayPal. Once you have arranged payment, access to the relevant 3D solution package will be made available to you through your account login.

 

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the software.

12.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

12.4 We are not liable for business losses. We only supply the software for domestic and private use. If you use the software for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.5 Check the solution. Please check that the software is suitable for your purpose. The software has not been developed to meet your individual requirements. Please check that the facilities and functions of the software (as described on the website) meet your requirements before paying for your chosen pricing plan package.

12.6 We are not responsible for events outside our control. If our provision of the software is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any element of the pricing plan you have paid for but not received.

12.7 We are making backups once a day on our Database plus storage. In the event of a force majeure or software damage beyond our control of influence, there is always a risk that Customer Data and metrics can be lost. We are always trying to mitigate such risk to the lowest level possible by clustering our Databases with a lot of replicated ones, whilst using AWS S3 storage to further enhance our data security.

 

13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation We will contact you to let you know if we plan to do this.

13.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

14.1 Generally. By using the Services, you will encounter "Unlimited3D Content," which includes all of the images, text, information, data, graphics and other material included on or otherwise made available through the Services, excluding User Content. "User Content" includes all the 3D models, images and related content, as well as User comments, uploaded by Users, that make up the Services. Except as otherwise set forth in this Agreement, we do not claim ownership over any User Content.

14.2 Ownership. All Unlimited3D Content is owned by Unlimited3D, Inc. or its licensors, and is protected by UK and international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and Unlimited3D and its licensors, Unlimited3D, Inc. or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all Unlimited3D Content that we or our licensors create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. The trademark Unlimited3D and all associated logos and the other trademarks, service marks, logos and trade names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of Unlimited3D, Inc. or third parties in the United States and/or other countries. Your use of the Services does not grant you any ownership over any Unlimited3D Content, and except for the limited license we grant you under this Agreement, your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of Unlimited3D, Inc. or any third party. We reserve all rights not expressly granted to you in this Agreement.

14.3 Service and Content License. We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided to you by us, only as set forth in this Agreement. Except as expressly permitted in this Agreement, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services or Unlimited3D Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or Unlimited3D Content without express prior written permission from us or the applicable rights holder is strictly prohibited.

14.4 Software. All software and software-as-a-service (SAAS) used in connection with the Services ("Software") is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited. You agree that we may update the Software without notice, at any time and in our sole discretion, and that this Agreement will apply to any updated versions.

 

During the operation of the Services, Users may upload certain User Content including 3D models. You remain the owner of your User Content at all times, and Unlimited3D does not claim any ownership rights in your User Content. User Content is otherwise subject to the following provisions. This Agreement applies to all the User Content that you contribute onto our Website during the term of this Agreement.

15.1 Generally. You are solely responsible for ensuring that any User Content you submit to the Services complies with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights. You agree that any information included in your User Content may be used in accordance with our Privacy Policy. Unlimited3D always has the right, in its sole discretion, to accept or reject any given User Content.

15.2 User Content License15.2.1 Use by us. By using the Services, you grant Unlimited3D a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) right and license to use, reproduce, publicly display, distribute and adapt the publicly shared User Content for the purposes of developing, distributing, providing, improving, and promoting the Services, our activities and your publicly shared User Content. You further grant Unlimited3D the right to use your name and trademarks, if any, in connection with our use of your publicly shared User Content.

15.2.2 Use by others for a price. Subject always to our prior consent, you may also elect to make your User Content available to other users to integrate it on their site for a price. In such event, you grant us the right to grant other users a non-exclusive, non-sublicensable, and non- transferable, perpetual, worldwide right to use your User Content for the purposes and under the conditions detailed in our user license agreement.

Users accessing and integrating User Content through the integration API operated by Unlimited3D shall be authenticated and it is expressly agreed that: (i) the use of the integration API is governed by these Terms and each User's plan; and (ii) the authenticated User accessing and integrating the User Content shall be responsible for complying with the terms of the license governing said User Content.

15.3 User Representations. By submitting User Content, you represent and warrant that (i) you own or otherwise control all of the rights to your User Content, (ii) the use of your User Content does not violate this Agreement or the law, and will not violate any rights of or cause injury to any person or entity, (iii) your User Content will not violate the additional content restrictions set forth in Section 5 of this Agreement, and that (iv) to the greatest extent permitted by law, You hereby irrevocably and unconditionally waive any and all moral rights whatsoever, or any rights of a similar nature, in your User Content, for the benefit of or in favor of Unlimited3D, including any right to be associated with your User Content (right of paternity) or any right to restrict or prevent the modification or use of your User Content in any manner whatsoever (right of integrity). To the extent You retain any such moral rights under applicable law, You hereby agree not to assert them against Unlimited3D or other Unlimited3D users in any manner whatsoever.

15.4 User Feedback. We appreciate your feedback and suggestions about our Services, but you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you.

15.5 Right to Monitor, Modify, Moderate or Remove. You agree that you bear all risks associated with your User Content. You are solely responsible for safeguarding your User Content, and Unlimited3D has no duty to store copies of User Content for future availability to you or any user except as otherwise provided under this Agreement. Unlimited3D does not permit the infringement of intellectual property rights on the Services, and will remove User Content from the Services if properly notified that such User Content infringes on another's intellectual property rights. We reserve the right to remove User Content from the Services, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a User pursuant to Section 8 of this Agreement, we reserve the right to terminate the account of any User of the Services who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice. We also reserve the right to decide whether User Content is appropriate and complies with this Agreement for violations other than violations of intellectual property law. This shall extend to the right of Unlimited3D to edit, modify, moderate, re-format, change or otherwise remove all or part of the descriptions, comments and/or annotations that You and/or third parties add and/or make in relation to your User Content, in any manner that We may determine, whenever We deem it appropriate.

 

It is important to us that the Services be used safely, and in accordance with the law, for the enjoyment of all Users. You agree that you will not use the Services to:

i. Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, Unlimited3D Content, and User Content except as permitted by this Agreement;

ii. Promote any illegal activity, or advocate, promote or assist any unlawful act;

iii. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy;

iv. Transmit any material or content that is pornographic, dehumanizing, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal;

v. Transmit any material or content that is inappropriate for families or otherwise suitable only for audiences over the age of 13, except where such content is appropriately labeled as "Restricted";

vi. Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;

vii. Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;

viii. Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

ix. Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods;

x. Use the services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or Unlimited3D ‘s computer or networking systems, (c) will divert of the Services' system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or Unlimited3D ‘s computer or networking systems.

xi. Intrude into a third party's computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party's computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans);

xii. Otherwise use the Services for purposes other than those for which they were designed.

The User is not permitted to modify the design or alter the appearance of the Unlimited3D viewer (e.g., in embeds or screen captures) other than by using the available embed customization options and the "Viewer API" methods provided by Unlimited3D, and according to the User’s plan (Basic, Pro, Premium, Business, Enterprise). Removing, hiding, or altering the Unlimited3D logo watermark is prohibited to all users, under all plans except Enterprise.

END OF TERMS AND CONDITIONS
Copyright 2024, Threedium Ltd