These Terms become legally binding between the Parties (You and Shapr3D) when You accept them. These Terms do not constitute a written agreement between the Parties, Shapr3D does not keep records of the individual agreement concluded with You.
You are not allowed to use the Application if you are under the age of 16. In which case, please delete the Application and do not use it.
The Application is 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.
Shapr3D is a 3D design application for iPads supporting the Apple Pencil. You may use the Application for free with limited features (free version) or subscribe to one of our paid versions to unlock all features of the Application. Find out the differences between the free and paid versions on our Pricing Page: https://shapr3d.com/pricing. We detail the capabilities of the Application on its App Store Product Page: https://apps.apple.com/us/app/shapr-3d-cad-modeling/id1091675654
These Terms apply whether Shapr3D offers free or paid version to You.
1. License: This license granted to You for the Application by Shapr3D is limited to a non-transferable, non-exclusive license and revocable right to use the Application on any Devices (defined at section 6.) that You own or control and as permitted by these Terms and the Usage Rules (as defined in section 4.). 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. You must comply with applicable third party terms of agreement when using the Application.
2. Your account: When creating an account on our website or within the Application, you will provide to us true, accurate, current, and complete information. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. You are responsible for any activity that occurs in your account.
3. 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.
4. Use of AppStore: 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 liability 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”) available at: https://www.apple.com/legal/internet-services/itunes/us/terms.html
You acknowledge 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.
5. Subscriptions: The Application is currently available in a freemium model and offers free functionalities along with paid functionalities in an automatically renewed subscription form. We offer a variety of subscription levels and pricing options, which can be reviewed by You at https://www.shapr3d.com/pricing or through the in-app pricing page. Subscription features and prices are subject to change. The subscription fees listed will be billed at the beginning of your subscription and subsequently at the renewal date, dependent on the subscription option selected at initial purchase.
The license period renews after the paid subscription period expires and each renewal date thereafter if You do not cancel the renewal as described in section 6. Shapr3D notifies You in advance of the expiration date at least twice in e-mail, two weeks and 24 hours before the expiration date. Account will be charged for renewal within 24-hours prior to the end of the current period and auto-renewal may be turned off by going to your Apple ID’s subscription settings or on your Account page on our website after purchase.
6. Termination: The license is effective until this Agreement is terminated by You or Shapr3D by cancelling your subscription. You may cancel your subscription (whether purchased through the website or in-app) detailed under the following link: https://www.shapr3d.com/cancel-survey/cancel-refund-qa
Shapr3D may 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 license fee as determined by these Terms, You violate the rights to the Application of Shapr3D or third parties’ intellectual property rights) simultaneously informing you of the cancellation.
Shapr3D will request you in case of non-material breach to comply with these Terms, and may cancel your subscription if you fail to follow instructions.
You may request a refund of the subscription fee if You cancel your subscription and terminate this Agreement in 14 days from the start of the first or renewed license period. In case of in-app purchases, please contact Apple for support, as they handle all payment related issues for in-app purchases.
If your subscription is cancelled during the remainder of a paid license period you will not have the right to request refund, and in case of a monthly paid yearly license, you will have to pay the subscription fee for the whole license period on a monthly basis.
7. System Requirements: To access all features of the Application You can only run it on iPads supporting the Apple Pencil, and only with an Apple Pencil. You can use the application in view-only mode from other iPad’s or without the Apple Pencil. We’re not liable or responsible for any defects or non-compatibilities between the Application and your device, and we do not represent that the Application will work to any particular degree of functionality or efficiency with any particular device.
9. Support: We offer support through our support channels. You can ask us (about our subscriptions, modeling and any relevant topic) using our forum available on our website (https://shapr3d.com) or write us at firstname.lastname@example.org. We will usually get back to you within 3 business days.
10. Disclaimer of 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”. 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. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, therefore, You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change.
Apple does not have any warranty obligation under these Terms, any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Shapr3D’s sole responsibility.
In the event of any third party claim that the Application or Your possession and use of the Application infringes third party’s intellectual property rights, Shapr3D and not Apple will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
11. 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.
12. Indemnification: You agree to indemnify, defend, and hold harmless Shapr3D, its 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 (i) any violation of these Terms (including negligent or wrongful conduct) by you, (ii) your access to or use of the Application, or (iii) 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 are indemnified hereunder. You shall not settle any matter involving Us without our consent.
13. Intellectual property: The content, any materials downloaded, and all intellectual property pertaining to or contained on the Application (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 Shapr3D and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws.
14. Your 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 is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
15. 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.
Any dispute, controversy or claim arising out of or relating to these Terms will be referred to and finally determined by the Hungarian Courts. The language of the court procedures is Hungarian.
16. Contact: You may contact us at the following address: Shapr3D Zrt., Hungary, Budapest,Bajcsy-Zsilinszky út 12., 1051 or at email@example.com
This document was last updated on December 31st, 2019