These Terms and Conditions (“Terms”) are a legally binding agreement between the person, company or organization (“You”) that has licensed a software product (“Application”) from Shapr3D Zrt. (“Company”, “Shapr3D” , “Us”, “We”). The Product is to be obtained only through Apple’s software distribution platform (“App Store”). The App Store is referred to in this license as “Services”. Please read these Terms carefully before downloading the Application and using the Services. By installing and/or using any Product provided by Shapr3D, You are confirming your acceptance of these Terms and you are agreeing to become bound by the terms of this agreement.
The Products transacted through the Services are licensed – not sold – to You, for use only under these Terms. Shapr3D reserves all rights not expressly granted to You.
The Terms of this agreement are subject to change by Shapr3D in its sole discretion at any time. When changes are made, Shapr3D will make it available on its website and/or within the Application.
A. Ownership, Access to Application
License: This license granted to You for the Application by Shapr3D is limited to a non-transferable, non-exclusive, non- transferable license and revocable right to use the Application on any Devices that You own or control and as permitted by the Usage Rules. This license does not allow You to use the Application on any Devices that You do not own or control, and You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application.
You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Application). Any attempt to do so is a violation of the rights of Shapr3D and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Shapr3D that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Hardware; Passwords: You are responsible for obtaining and maintaining all of the hardware, software, Internet access, and other products and services that you may need to use the Service. You are responsible for protecting and safeguarding any keys, certificates, passwords, access codes, user IDs or other login information (collectively, “Passwords ”) that are provided to you or that are generated in connection with your use of the Application. You are the only person to whom the license extends, and you therefore are not permitted to allow any other person to use your Passwords to access the Application. You are fully and solely responsible for all activities that occur on the Application under your Passwords.
Ease of access: In order to provide you with ease of access to your account and to help administer the Application, Shapr3D may implement and use technology that enables us to recognize you and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Shapr3D service.
Testing: We continually update the Application. In addition, we continually test various aspects of the Application, including Shapr3D’s website, user interfaces, service levels, plans, promotional features, delivery and pricing. We reserve the right to, and by using the Application you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
Suspension of the Application: Your access to, and use of, the Application may be suspended temporarily for the duration of any scheduled maintenance or unscheduled downtime or unavailability of any portion of the Application for any reason. Application also reserves the right to suspend your subscription anytime with or without notification in order to protect Shapr3D and you from what we believe to be fraudulent activity. Shapr3D is not obligated to credit or discount a paid subscription for holds placed on it by either a representative of Shapr3D or by our automated processes.
Termination: The license is effective until terminated by You or Shapr3D. Your rights under this license will terminate automatically without notice from Shapr3D if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
B. Use of iTunes
You acknowledge and agree that (i) these Terms are concluded between you and Shapr3D only, and not Apple, and (ii) Shapr3D, not Apple, is solely responsible for the Application and content thereof.You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple of such failure; upon notification, to the maximum extent permitted by applicable law, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application, and Apple shall have no other warranty obligation whatsoever with respect to the Application and shall have no responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty;
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such infringement claim.
Your use of the Application must comply with the App Store Terms and Conditions (“Usage Rules”).
The Application is currently available in a freemium model and offers free functionalities along with paid functionalities (month-to-month for a paid subscription, year-to-year in the case of an annual paid subscription) in an automatically renewed subscription form. Please refer to our Pricing Page for more information. We reserve the right to charge for other features or functionalities that we may offer, and reserve the right to impose or amend fees for any aspect of the Application.
The subscription fee for Application will be billed at the beginning of your paid subscription period and each anniversary date thereafter.
We are not offering refunds for any in-app purchases, so please be careful when you make purchases. If you feel an in-app purchase has been made in error, please contact Apple for support.
Payment will be charged to iTunes Account at confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase. No cancellation of the current subscription is allowed during active subscription period.
D. System Requirements
To access all features of the Application You can only run it from an iPad Pro, and only with an Apple Pencil. You can use the application in view-only mode from other iPad’s or without the Apple Pencil. More on this read our blog post on the topic.We’re not liable or responsible for any defects or non-compatibilities between our Services and your device, and we can’t, and don’t, make any representation that our Services will work to any particular degree of functionality or efficiency with any particular device.
E. Your Content
Consent to Use of Data: You agree that Shapr3D may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Application. Shapr3D may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
Other Services and Websites; Third Party Materials: The Application may enable access to Shapr3D’s and third party services and web sites (collectively and individually, “Other Services and Websites”). Use of Other Services and Websites may require Internet access and that You accept additional Terms of service.
You understand that by using any of the Other Services and Websites, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Other Services and Websites at Your sole risk and that Shapr3D shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using Other Services and Websites, You acknowledge and agree that Shapr3D is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Shapr3D does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Shapr3D, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services. You agree that any Other Services and Websites contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Other Services and Websites. No portion of the Other Services and Websites may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Other Services and Websites, in any manner, and You shall not exploit the Other Services and Websites in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Other Services and Websites in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Shapr3D is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Other Services and Websites.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Devices are not available in all languages or in all countries. Shapr3D makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Shapr3D, and its licensors, reserve the right to change, suspend, remove, or disable access to any Other Services and Websites at any time without notice. In no event will Shapr3D be liable for the removal of or disabling of access to any such Other Services and Websites. Shapr3D may also impose limits on the use of or access to certain Other Services and Websites, in any case and without notice or liability.
Copyrights: You agree not to upload any Content to the Application in violation of any other person or entity’s rights, including their intellectual property rights. If you don’t have rights to upload Content (whether under these Terms, or through a separate license), then don’t upload it.
G. No Warranty
You expressly acknowledge and agree that use of the Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the license application and any services performed or provided by the Application are provided “as is” and “as available,” with all faults and without warranty of any kind, and Shapr3D hereby disclaims all warranties and conditions with respect to the Application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Shapr3D does not warrant against interference with your enjoyment of the Application, that the functions contained in, or services performed or provided by, the Application will meet your requirements, that the operation of the Application or services will be uninterrupted or error-free, or that effects in the Application or services will be corrected. No oral or written information or advice given by Shapr3D or its authorized representative shall create a warranty. Should the Application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
H. Limitation of Liability
To the extent not prohibited by law, in no event shall Shapr3D be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Shapr3D has been advised of the possibility of such damages.
I. Governing Law
The laws of Hungary, excluding its conflicts of law rules, govern this license and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
You may contact us at the following address: Shapr3D Zrt., Hungary, Budapest, 1053 Kristóf square 3. or at email@example.com
This document was last updated Dec 13, 2016.