Terms of Service – Flair3D, Digital Twin Viewer
This Terms Of Service (“Terms“) describes your rights and responsibilities when using services, software and websites (the “Services”) provided by Flair3D, Digital Twin Viewer (“Flair3D”).
Please read them carefully.
By accessing or using these Services (including flair3D.com , app.flair3D.com and others) you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms please exit, and do not access or use the Service. If an individual is entering into this agreement on behalf of an organization such organization shall be deemed the Customer hereunder and such individual hereby represents and warrants that he has the power and authority required to bind such organization to this agreement.
You must provide accurate information when you create your Flair3D account. You are responsible for safeguarding the password and for all activities that occur under your account. You should notify Flair3D immediately if you become aware of any breach of security or unauthorized use of your account. You must comply with the acceptable use terms at all times when using the Service. You may not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law. Our Service is not intended for use by persons under the age of 18. By using the Service you are representing to us that you are over the age of 18.
Flair3D BETA User Conditions
Your use of Flair3D is governed by these terms and conditions (“Beta User Conditions”) which you should read carefully before using our viewer. These Beta User Conditions represent a binding contract between Flair3D and you. If you do not agree with these Beta User Conditions, please do not install or use Flair3D.
Flair3D may update or amend these Beta User Conditions at any time. Flair3D will communicate such changes to you via the Beta Portal.
These Beta User Conditions apply to you regardless of how you have accessed Flair3D and regardless of the territory in which you live or conduct business.
Flair3D; LIMITED WARRANTY AND LIABILITY
Although utilizable by experienced users, Flair3D is still being developed, tested and evaluated. Flair3D BETA IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USE OF Flair3D BETA IS ENTIRELY AT YOUR OWN RISK AND MAY VOID WARRANTY ON YOUR PRODUCT. SHOULD Flair3D BETA PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY MAINTENANCE, SERVICING OR REPAIR. IT IS THEREFORE YOUR RESPONSIBILITY TO TAKE ADEQUATE PRECAUTION AGAINST POSSIBLE DAMAGES RESULTING FROM THE USE OF Flair3D BETA. Flair3D BETA SOFTWARE SHOULD UNDER NO CIRCUMSTANCES BE USED ON SENSITIVE AND/OR VALUABLE DATA. IF YOU ARE IN ANY DOUBT, PLEASE DO NOT INSTALL AND/OR USE Flair3D BETA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Flair3D BETA WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE Flair3D BETA SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF Flair3D BETA TO OPERATE WITH ANY OTHER PROGRAMS). IN NO EVENT SHALL Flair3D LIABILITY EXCEED THE PRICE YOU PAID FOR Flair3D BETA, IF APPLICABLE.
WE EXPRESSLY REPRESENT THAT Flair3D BETA IS NOT A FINAL PRODUCT AND, AS SUCH, MAY CONTAIN VARIOUS ERRORS, DEFECTS AND IT MAY BE UNSTABLE. WE DO NOT RECOMMEND INSTALLING Flair3D BETA DURING FULL OR EVERYDAY OPERATION. FURTHERMORE, WE DO NOT RECOMMEND TO INSTALL Flair3D BETA UNLESS YOU ARE AN EXPERIENCED USER.
You will give Flair3D feedback about Flair3D BETA consisting of, without limitation, your suggestions, comments or any other feedback, whether it is required or provided on a voluntary basis (“Feedback”). If you provide Flair3D BETA with any Feedback, as part of the testing and evaluation of Flair3D BETA, you agree that: (a) Flair3D may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any Flair3D product, specification or other documentation; and (b) you will not give Flair3D any Feedback (i) that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or (ii) that is subject to licence terms that seek to require any Flair3D product incorporating or derived from any Feedback, or other Flair3D intellectual property, to be licensed to or otherwise shared with any third party.
Subscription Term and Renewals – Following final release
Unless otherwise specified on the applicable Order Form, each Subscription Term will automatically renew for additional twelve month periods unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the then-current Subscription Term.
Fees and Payment – All fees will be paid by Customer within thirty (30) days of invoice, unless (a) Customer is paying via Credit Card (as defined below) or (b) otherwise specified in the applicable Order Form. All fees are paid for the platform functionality and not for any of the standards or content found on the platform. Users understand that some standards they use must be supported by other appropriate licensing. All fees are non-refundable. Rates are valid for the initial twelve (12) month period of each Subscription Term and thereafter may be subject to an automatic adjustment increase of up to ten percent (10%) per year. Customer is responsible for paying all Taxes, and all Taxes are excluded from any fees set forth. If the Customer is required by Law to withhold any Taxes from Customer’s payment, the fees payable by the Customer will be increased as necessary so that after making any required with holdings, Flair3D receives and retains (free from any liability for payment of Taxes) an amount equal to the amount it would have received had no such with holdings been made. Any late payments will be subject to a service charge equal to 1% per month of the amount due or the maximum amount allowed by law, whichever is less.
Payment Via Credit Card – If you are purchasing the Services via credit card, debit card or other payment card (“Credit Card”), the following terms apply: Recurring Billing Authorization – By providing Credit Card information and agreeing to purchase any Services, Customer hereby authorizes Flair3D (or its designee) to automatically charge Customer’s Credit Card on the same date of each calendar month (or the closest prior date, if there are fewer days in a particular month) during the Subscription Term for all fees accrued as of that date (if any) in accordance with the applicable Order Form. Customer acknowledges and agrees that the amount billed and charged each month varies depending on the number of Users Customer has added to the Account in that period. Foreign Transaction Fees – Customer acknowledges that for certain Credit Cards, the issuer of Customer’s Credit Card may charge a foreign transaction fee or other charges. Invalid Payment – If a payment is not successfully settled due to expiration of a Credit Card, insufficient funds, or otherwise, Customer remains responsible for any amounts not remitted to Flair3D and Flair3D may, in its sole discretion, either (i) invoice Customer directly for the deficient amount, (ii) continue billing the Credit Card once it has been updated by Customer (if applicable) or (iii) terminate this Agreement. Termination of Recurring Billing – In addition to any termination rights set forth in this Agreement, Customer may terminate the Subscription Term by sending Flair3D a 30 day notice of non-renewal to [email protected] in accordance with the Subscription Term and Renewals policies.
Payment of Outstanding Fees – Upon any termination or expiration of the Subscription Term, Flair3D will charge Customer’s Credit Card (or invoice Customer directly) for any outstanding fees for Customer’s use of the Services during the Subscription Term, after which Flair3D will not charge Customer’s Credit Card for any additional fees.
Suspension of Service – If Customer’s account is thirty (30) days or more overdue, in addition to any of its other rights or remedies (including but not limited to any termination rights set forth herein), Flair3D reserves the right to suspend Customer’s access to the applicable Service (and any related services) without liability to Customer until such amounts are paid in full.
We will use industry standard technical and organizational security measures in connection with the storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorized or unlawful access to, use of, or processing of such Content.
Flair3D commits to strong and transparent privacy practices and your privacy is really important to us, so whether you’re new to Flair3D or a long-time user, please take the time to get to know our practices. We’ve kept this simple for your understanding, but if you’re not familiar with terms like “cookies” or “IP addresses,” then feel free to contact us as set forth below.
Users may provide personal information such as an email address, phone number, and password to create an account. Data such as log files, device identifiers, location Information, financial, transaction information, user account information, user content, partner information, service information, and other data will be collected based on your use of the Services.
For Customers that purchase a paid version of the Services, our corporate affiliates and our third party payment processors may collect and store billing address and credit card information on our behalf or we may do this ourselves.
Flair3D may use information collected to (and by connecting with us, sharing your email, registering for a webinar, requesting a demo or updates about the product, or using the Service, you hereby consent to such use): (i) provide, administer, and improve our Services, (ii) better understand your needs and interests, (iii) fulfill requests you may make, (iv) personalize your experience, (v) provide Service announcements, (vi) provide you with further information and offers from Flair3D, Flair3D Affiliates, and our business partners, and (vii) protect, investigate, and deter against fraudulent, harmful, unauthorized, or illegal activity (viii) contact you with our Advocate Partners in your region and/or lingual territory to be able to provide you high quality software and implementation support.
Flair3D uses technologies like cookies, pixel tags and web beacons to provide, monitor, analyze, promote and improve the Service. For example, a cookie is used to remember your username or email when you return to the Service and to improve our understanding of how you interact with the Service. You can block cookies on your web browser; however please be aware that some features of the Service may not function properly if the ability to accept cookies is disabled. You may disable or block cookies by adjusting your browser preferences at any time; however, please be aware that some features of the Service may not function properly if the ability to accept cookies is disabled. We may utilize third-party service providers to provide us with analytics services and to serve advertisements on our behalf across the Internet. These parties may utilize cookies or similar technologies to gather information about your browsing activities over time and across different websites following your use of the Service.
Although we allow you control over where you share your Content and what information is included in your Profile and take reasonable steps to maintain the security if the information associated with your account, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you share your Content and we are not responsible for third party circumvention of any privacy settings or security measures on the Service.
You may, of course, decline to submit personally identifiable information through the Service, in which case Flair3D may not be able to provide certain services to you. You may update or correct your account information at any time by logging into your account. For questions or inquiries regarding the correction or deletion of your personally identifiable information on the Service you may contact us at [email protected]
Customer agrees to participate in reasonable marketing activities that promote the benefits of the Services to other potential customers and to use of Customer’s name and logo on Flair3D’s web site and in Flair3D promotional materials. Customer agrees that Flair3D may disclose Customer information as a customer of Flair3D.
All users of Flair3D Services are expected to comply with our Acceptable Use terms. Failure to do so may result in suspension or termination of your account. You agree not to misuse the Service. For example, you may not: use the Service for any unlawful purpose or for promotion of illegal activities; impersonate another person through the Service or otherwise misrepresent an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others; publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security numbers, without their express authorization and permission; send unsolicited communications, promotions advertisements, or spam; publish or link to malicious content intended to damage or disrupt another user’s browser or computer; access, tamper with, or use nonpublic areas of the Service, Flair3D’s computer systems, or the technical delivery systems of Flair3D’s providers; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure; access or search the Services by any means other than Flair3D’s publicly supported interfaces (for example, “scraping”); forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service; or promote or advertise products or services other than your own without appropriate authorization.
You may not post any Content on the Service that: May create a risk of harm, loss, or physical or mental injury to any other person or the risk of loss or damage to any property; violates of any applicable law, any intellectual property rights, or anyone’s right of privacy or publicity; is defamatory, libelous or threatening or that constitutes hate speech; or contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
The Service allows you to create projects, upload, filter and view models (together the “Content”) and to share that Content with others. You retain ownership of your Content, but by uploading it onto the Service, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of (i) providing you the Service and associated support; and (ii) analyzing and improving the operation of the Service. We reserve the right to remove Content on the Service that violates our Terms or that we otherwise reasonably believe may create liability for Flair3D. If you choose to share your content you are also granting a license to other Flair3D users.
Access to Your Content:
When you sign up for our Service, you associate one or more email addresses with your account. If you use an email address provided to you by a third party entity of which you are a part (such as [email protected]) (each an “Entity”) you hereby grant that Entity and its administrator(s) permission to access, use, download, export, disclose, share, restrict and/or remove Content that you have associated with the email address that includes their domain. You acknowledge and understand that an Entity may elect to utilize one or more third party applications in connection with their teams’ use of the Service and that, by associating Content with an email address that includes an Entity’s domain, you are granting permission to have such Content shared with such third party application(s). You also acknowledge and understand that an Entity may restrict or terminate your access to Content associated with the email address that includes their domain.
When accessing your content there are three permission levels that you can grant: Viewers – If you decide to add a Viewer to a project on your Account you are granting them permission to view project data however not the ability to edit any of the project data. Editors – If you decide to add another admin to a project on your Account you are granting that person edit permissions and also access and license to use your account and your projects. You are also granting them permission to add, delete or modify projects on your account.
Your Use of Third Party Applications:
You are free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. We may also terminate or suspend your access to the Service at any time if you are not complying with these Terms or if you are using the Service in a manner that we believe may cause us financial or legal liability.
Intellectual Property Rights:
The Service (excluding Content provided by standards bodies or by the users) constitutes Flair3D’s intellectual property and will remain the exclusive property of Flair3D and its licensors. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you to improve the Service.
Modifications to the Service:
The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to terminate your use of the Service.
You agree to defend, indemnify and hold harmless Flair3D and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent or with the use of your Service login details.
FLAIR3D SHALL USE REASONABLE EFFORTS CONSISTENT WITH PREVAILING INDUSTRY STANDARDS TO MAINTAIN THE SERVICES IN A MANNER WHICH MINIMIZES ERRORS AND INTERRUPTIONS IN THE SERVICES. SERVICES MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED MAINTENANCE OR FOR UNSCHEDULED EMERGENCY MAINTENANCE, EITHER BY COMPANY OR BY THIRD-PARTY PROVIDERS, OR BECAUSE OF OTHER CAUSES BEYOND COMPANY’S
REASONABLE CONTROL, BUT COMPANY SHALL USE REASONABLE EFFORTS TO PROVIDE ADVANCE NOTICE IN WRITING OR BY E-MAIL OF ANY SCHEDULED SERVICE DISRUPTION. HOWEVER, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. FLAIR3D IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO OUR SERVICE.
LIMITATION OF LIABILITY:
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Flair3D’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later. This Agreement is not assignable, transferable or sub licensable by Customer except with Flair3D’s prior written consent. Flair3D may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Flair3D in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e- mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the Province of Ontario without regard to its conflict of laws provisions.
Changes to our terms:
If we change our Terms, we will post those changes on this page so that you can always be aware of the latest Terms. Changes to these Terms are effective when they are posted on this page. For questions about these or any Flair3D’s terms or policies, email us at [email protected]