Terms of Use

You can access the Application for free. In some instances, you may be asked to create an account to access the Application. Your use of the Application will be limited and further details of the functionality and uses can be found here. You can, at any time, choose to purchase a subscription for a license to the Application.

If you are a student or professional working in education in a relevant field, you can access the Application – including functionality usually reserved for paid subscriptions – for free with an educational license. We reserve the right to allocate such educational licenses. Your warrant that information provided in respect of an educational license account is accurate and complete.

You may use our Application on various operating systems (OS) and devices. The license to the Application granted under these Terms is personal to you and you are not allowed to share your license with another person.

We grant to you a limited, non-exclusive, non-transferable, revocable license to use the Application in accordance with these Terms. The license is effective until these Terms are terminated by you or us by canceling your subscription.

You can, at any time, choose to purchase a subscription for a license to the Application. Details of the functionality and uses can be found here.

You may subscribe by clicking on the subscription you wish to purchase and then following the prompts that will appear on-screen. You may correct any input errors in your subscription up until the point at which you confirm your commitment to us by clicking the subscribe button in the subscription flow.

Once subscribed, you will immediately receive access to the Application. Please note that we may suspend or remove your access to the Application if you do not comply with these Terms, including if you fail to provide adequate information about your educational license. The contract between you and us in relation to the subscription purchased will be formed when you receive access to the Application.

The Application is available for download from our website or certain other third party app store providers, including:

• Apple App Store
  
• Apple Mac Store
• Microsoft Store

When you download and access the Application, you may be asked to create an account. You must provide us with accurate, complete and up-to-date information. You must contact us promptly to inform us of all changes to this information. In the future, you may be asked to provide additional registration details.

When we make the functionality available, you may also Synchronize the data you upload or create while using our Application so that it is available in the cloud and across your different devices which are compatible with the Application.

You can, at any time, choose to purchase a subscription for a license to the Application. Details of the subscriptions and pricing can be found here.

We reserve the right to change the subscription price at any time, but changes will not affect the price for a license period currently in effect. We will notify you in advance of any increases in price.

Prices will include VAT, but you are solely responsible to comply with any other additional (local) taxes or fees that may be payable to your local taxing authority and which were not included in your payment.

If you’re a free user, the contract begins at the date and time when you download the Application.

If you’re a paid user, the contract begins at the date and time when you purchase a subscription.

Your subscription period renews automatically after your paid subscription period expires unless you cancel the renewal before such date of renewal.

We accept payments via most major credit and debit card providers, and Paddle for business users. Where you download the Application from the Apple App Store and Mac Store, Apple will process any payments made.

You should be aware that online payment transactions are subject to validation checks by your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason.

Please note that it is possible that your card issuer may charge you an online handling fee or processing fee for which we are not responsible.

Your subscription fee will be billed at the beginning of your subscription and subsequently at the renewal date, depending on the subscription option you select during your initial purchase.

Nothing in these Terms limits your rights under law.

In the case of subscription purchases from our Website, we will grant refunds up to 14 days from the date of purchase. In the case of subscription purchases from Third Party Providers, they are subject to your separate terms and conditions with such Third Party Providers and we cannot guarantee that you will receive a refund.

If you cancel your subscription during a paid license period, your license will continue until the end of the respective license period. You will not have the right to a refund except as set out above. Please see more detail on how to cancel here.

We can only cancel your subscription without prior notification during the license period if you:

• Commit a material breach to these Terms – e.g. you fail to pay the licence fee as determined by these Terms, or you violate our intellectual property rights in the Application, or you violate third parties’ intellectual property rights.
• Become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.

If you commit a non-material breach of the Terms – e.g. providing incorrect registration details –, we will ask you to comply with these Terms and may cancel your subscription if you don’t follow instructions within a specified period.

You’re responsible for obtaining and maintaining all hardware, software, internet access, and other products and services that you may need to use the services.

To access all features of the Application, you must run the adequate OS version on iPads, Macs, and PCs. As OSs and the Application are updated, specific supported versions are likely to change.

We aren’t liable or responsible for any defects or incompatibilities between the Application and your device, and we don’t claim that the Application will work to any degree of functionality or efficiency with any device. Supported versions of the Application will receive regular updates. For more information, please read more here.

If your copy of the Application is defective – i.e. it does not comply with the requirements of these Terms or legislation – you may have one or more legal remedies available to you. This is depending on when you make us aware of the problem, in accordance with your legal rights.

If you believe your copy is defective, you should inform us as soon as possible.

We use industry-practice security to make sure you can use our Services as securely as possible.

You’re responsible for protecting and safeguarding any keys, certificates, passwords, access codes, user IDs or other login information that are provided to you or generated in connection with your use of the Services. You must keep it confidential at all times and use it only to access and use your account and not for any other purpose.

You're solely responsible for all activities that occur in the Services using your login information. You should contact us immediately upon discovering any unauthorized use of your account or error in the operation of your credentials.

We do not guarantee:

• the continuous, uninterrupted, or error-free operability of the Services. Most of the functionality of the Application will be available if cloud services are down, but some features may not function (including logging in as a new user, changing subscription tiers, or Synchronization).
• that any content of the Services will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks).
• The Website may include links to external sites, which may include links to third party offers and promotions. We are not responsible for the content of these sites or for anything provided by them and that they will be continuously available. Links to such external sites does not imply any endorsement of our association with their operators or promoters.

When you download the Application or purchase a subscription to it from a Third Party Provider, you will be subject to terms which are not these Terms. We are not party to the terms and conditions between you and any Third Party Provider.

Apple Inc. with whose devices and/or operating systems the has been designed to be compatible oblige us to include additional provisions in these terms. These are set out here. These terms come from Apple Inc., not us. To the extent that these terms conflict with any of our Terms, the additional terms shall control.

Third Party Provider application stores are operated by the relevant Third Party Providers and/or their affiliates. You must comply with all applicable terms and conditions, rules and policies applying to any Third Party Provider application store from which you download the Application.

We are – with the exception of the Application - not responsible for these stores or for anything provided by them, and we do not guarantee that they will be continuously available.

Our Privacy Policy explains the way we handle and protect your personal data in relation to your use of our Webpage and our Services. By agreeing to the present Terms and by using our Services, you also agree to our Privacy Policy. Make sure you read our Privacy Policy before downloading and using the Services.

To the extent that Shapr3D processes any personal data that is subject to the EU General Data Protection Regulation (GDPR), on the user’s behalf, in the provision of the Services, the terms of the Shapr3D Data Processing Agreement which are hereby incorporated by reference, shall apply.

We own all rights, title, and interest in and to the Services. We reserve all rights in and to the Application and all other Shapr3D software, products and services that aren’t expressly granted in these Terms.  Nothing in these Terms will be construed as granting you any property rights in the Application or to any invention or any patent, copyright, trademark, or other intellectual property right that has been issued, or that may be issued, based on the Application.  The Application is licensed, not sold.

The content, any materials downloaded and all intellectual property related to or in the Services - including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks - are owned by us or third parties who have granted us the rights to use them. All rights, title, and interest in these remain the property of us and/or such third party owners. All content is protected by intellectual property laws.

You will retain ownership of your User Content, but you grant us a non-exclusive, royalty-free, worldwide license to use your User Content only for the following purposes:

• to provide you access to the Services and corresponding services (e.g. Synchronization and conversion services).
• to maintain the Services in working order (e.g. troubleshooting crashes or responding to an incident).
• to comply with any legal requirements or governmental requests.
• in respect of Synchronised User Content, when you explicitly authorize us to do so for purposes we share with you.
• to conduct research into understanding how the Services are used so we can continue to make them better.

You will not, nor allow anyone else, to use your account or the services to:

• commit any crime or violate any laws.
• access or attempt to access any Service which you have not subscribed to.
• interfere with or disrupt the provision of any Service or use any Service in a way that interferes with anyone else’s use of any Service.
• further any criminal or fraudulent activity or to impersonate another person.
• breach the rights of any person (including, but not limited to rights of privacy and intellectual property rights).
• transmit, distribute, link to or otherwise make available, advertize or promote any content that is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable.
• transmit or distribute any virus and/or other code that has contaminating or destructive elements.
• store content of the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Website.
• Whilst we do not pre-screen Synchronized User Content, we reserve the right to delete, edit or modify any Synchronized User Content created by you at any time without notice.

Nothing in these Terms limits your rights under law.

You use the Services at your sole risk. The Services are provided "as is" and "as available". To the extent permissible by law, we disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of satisfactory quality, fitness for a particular purpose, and non-infringement.

There may be times when certain features, parts or content of the Services, or all of the Services, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, at our sole discretion. We will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Services, or any features, parts or content of the Services, unless, in our reasonable opinion, this fundamentally undermines your access to, or use of, a subscription that you have paid for, in which case we will determine an appropriate remedy. 

Nothing in these Terms shall limit or exclude our liability to you for death or personal injury caused by our negligence, for fraudulent misrepresentation or for any other liability that, by law, may not be limited or excluded.

Subject to this, in no event shall we be liable for any incidental, special, indirect, consequential or business losses, including, without limitation, 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 Services, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages.

Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed, in respect of any 12-month period (calculated from the date of entry into a paid subscription), exceed the charges payable by you for the relevant paid subscription in that 12-month.

You indemnify, defend, and hold harmless us, our affiliates, employees, agents, partners, representatives, and licensors from and against all losses, expenses, damages, and costs, due to, arising out of, or relating in any way to:

• any violation of these Terms (including negligent or wrongful conduct) by you,
• your access to or use of the Services, or
• information provided by you.

You agree to fully cooperate at your expense as reasonably required by us. We may assume the defense and control of any matter for which we’re indemnified hereunder. You shall not settle any matter involving us without our consent.

You may not transfer or assign any or all of your rights or obligations under these Terms.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

The Terms constitute the entire agreement between you and us and governs your use of our services, superseding any prior agreements.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

If the Application that you download, access and/or use is downloaded from the App Store operated by Apple Inc. ("Apple"):

• Acknowledgement. You and we acknowledge that these Terms are concluded between you and us only, and not with Apple, and we, not Apple, are solely responsible for the Application and its content.
• Scope of license. The license granted to you for the Application is limited to a non-transferable license to use the Application on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
• Maintenance and support. As between Apple and us, we are solely responsible for providing maintenance and support services, if any, with respect to the Application, as specified in these Terms, or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
• Warranty. As between Apple and us, we are solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will, if relevant, refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
• Product claims. You and we acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• Intellectual property rights. You and we acknowledge 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, to the extent a warranty of non-infringement is not validly disclaimed, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• Legal compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer name and address. We may be contacted in connection with any questions, complaints or claims with respect to the Application, as set out under feedback & support above.
• Third party terms of agreement. You must comply with any other terms applicable to your use of this Application. 

Third party beneficiary. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

The laws of England govern these Terms and your use of the Services. If you are a consumer and not a business user, and you live in the United Kingdom or a country of the European Union, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and us regarding these Terms will only be dealt with by the English courts. If you are a consumer and not a business user, and you live in the United Kingdom or a country of the European Union, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

We reserve the right to update the Website, the Application, and these Terms from time to time. We'll inform you of any changes to the terms prior to them being adopted, except if we need to do so for security, legal or regulatory reasons. Your continued use of the Services following the publishing of updated Terms means that you accept the changes.

If you are using our Services as an organization, rather than in your personal individual capacity, you must have the right to bind the legal entity or organization on whose behalf you are accessing the Services.

You can reach out to us for feedback, support, or any general inquiry. During the support process, we are going to act as professionals – we request you to do the same. 

We welcome all kinds of feedback from our users via our website support or at info@shapr3d.com.

We mainly offer support through our support channels on our website. You can ask us about our subscriptions, modeling and any relevant topic using our forum or by getting in touch at support@shapr3d.com.

We’ll usually get back to you within 3 business days. We reserve the right to decline your request at our sole discretion.