1. Agreement to Terms
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and DeepInspect 3D, Inc. ("we," "us" or "our"), concerning your access to and use of the DeepInspect 3D platform.
By accessing or using the DeepInspect 3D platform, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the platform.
2. Intellectual Property Rights
The DeepInspect 3D platform and its original content, features, and functionality are owned by DeepInspect 3D, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You retain all rights to your 3D models, inspection data, and analysis results that you upload to or create on the platform. You grant us a non-exclusive license to store, process, and display this content solely for the purpose of providing our services to you.
3. User Accounts
When you create an account with us, you must provide accurate, complete, and up-to-date information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You are responsible for safeguarding the password that you use to access the platform and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
4. User Content and Conduct
Our platform allows you to upload, store, and analyze 3D models and related data. You are solely responsible for your use of the platform and for any content that you upload or create ("User Content").
You represent and warrant that:
- You own or have the necessary rights to use and authorize us to use your User Content;
- Your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity;
- Your User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
We reserve the right to terminate the account of any user who violates these content standards or any other provision of these Terms.
5. Subscription and Payment
Access to certain features of the platform requires a paid subscription. By subscribing to our services and providing payment information, you agree to pay all fees associated with your subscription plan.
Subscription fees are billed in advance on a monthly or annual basis, depending on the subscription plan you select. Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew, and you authorize us to charge your payment method for the next billing period.
We reserve the right to change our subscription fees at any time. If we change our fees, we will provide notice of the change on the platform or by email, at our discretion, at least 30 days before the change takes effect.
There are no refunds for partial subscription periods if you cancel before the end of your billing period.
6. Platform Usage Limitations
Your subscription plan includes certain usage limitations, such as the number of users, storage capacity, processing time, and other resources. You agree not to exceed the limitations for your subscription plan.
We reserve the right to monitor your usage of the platform and to take appropriate action if you exceed the limitations of your subscription plan, including temporarily suspending your access or requesting that you upgrade to a higher tier subscription plan.
You agree not to use the platform in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other user's use and enjoyment of the platform.
7. Data Security and Privacy
We take the security of your data seriously. We implement reasonable administrative, technical, and physical security measures to protect your data from unauthorized access, disclosure, or theft.
Your use of the platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and disclose information about you.
You acknowledge that no internet transmission or electronic storage is ever completely secure or error-free. While we strive to protect your data, we cannot guarantee absolute security.
8. Third-Party Links and Services
The platform may contain links to third-party websites or services that are not owned or controlled by DeepInspect 3D, Inc.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or interact with.
9. Modifications to the Platform
We reserve the right to modify or discontinue, temporarily or permanently, the platform or any features or portions thereof without prior notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the platform or any part thereof.
10. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the platform will immediately cease. If you wish to terminate your account, you may simply discontinue using the platform or contact us to request account deletion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Disclaimer of Warranties
The platform is provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the platform will function uninterrupted, secure, or available at any particular time or location, or that any errors or defects will be corrected.
You acknowledge that you use the platform and any data or results generated by it at your own discretion and risk.
12. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall DeepInspect 3D, Inc., its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the platform;
- Any conduct or content of any third party on the platform;
- Any content obtained from the platform; and
- Unauthorized access, use, or alteration of your transmissions or content,
whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.
13. Indemnification
You agree to defend, indemnify, and hold harmless DeepInspect 3D, Inc., its parent company, officers, directors, employees, and agents, 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: (i) your use of and access to the platform; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the platform.
14. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
15. Dispute Resolution
Any disputes arising out of or relating to these Terms or the platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California, and the judgment of the arbitrator may be entered in any court having jurisdiction thereof.
You agree that any arbitration shall be limited to the dispute between you and us individually. To the full extent permitted by law:
- No arbitration shall be joined with any other;
- There is no right or authority for any dispute to be arbitrated on a class-action basis; and
- There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You and we agree that any claim must be filed within one (1) year after the cause of action arose or be permanently barred.
16. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on the platform, updating the "Last Updated" date at the top of these Terms, and/or by sending you an email.
Changes to the Terms will become effective 30 days after the notice is given. By continuing to access or use our platform after those changes become effective, you agree to be bound by the revised Terms.
17. Contact Us
If you have any questions about these Terms, please contact us at:
DeepInspect 3D
Email: support@d3d.ai
By using DeepInspect 3D, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.