3D VOX, Villas de Olivos 147, León, Guanajuato Mexico (“3D VOX”, “we”, “the company”) operates a plugin and internet platform to simplify the mangement and upload of three-dimensional modeling, being mainly interactive representations, and visualization of architectural projects. Our services allow the user to create and access a 3D model of a space derived from a 2D plan with tools that simplify the process to create an optimized and ready to use ‘3D model’ for the web. The following terms and conditions govern the client’s access and use of the services and any free trial.
The terms in the agreement have the meanings given below:
Authorized User(s): has the meaning given in section 3.
Content: has the meaning given in section 5.
Initial Subscription Term: unless otherwise agreed in the applicable order, the initial subscription period as indicated in the corresponding order for the services.
Package: has the meaning given in section 2.
Services: has the meaning given in the first paragraph above.
Renewal Terms: has the meaning given in section 9.
Scope: the limits (in addition to those contained in these Terms) within which you may use the Services and the 3D Models for the applicable Package purchased, as detailed in the pricing section of our website (www.3dvox.com).
Subscription Fees: has the meaning given in section 8.
Subscription Term: the initial subscription term and any renewal term.
Trial Period: has the meaning given in section 9.
You/Your: refers to the entity/individual entering into this Agreement.
Services: 3DVOX provides the Services based on levels and packages purchased by you, as detailed in the “Getting Started” section of our website, www.3dvox.com.
Your package of services allows to create and access a 3D model with Hosting within the 3DVOX.app domain with certain features and functionalities, as per the package you have selected to purchase, as indicated in the corresponding order. Upon purchasing such a Package of services, you will register for an account of services and pay the fees corresponding to the package you have purchased, as set forth in the order and in accordance with section 8 below.
Service Access Rights: upon purchasing a Package of services, subject to your compliance with the terms of the Agreement and in consideration of the payment of the applicable Subscription Fees for such Package, the corresponding 3D model will be published by you via 3dvox plugin for the contracted package.
Except as expressly set forth in the Agreement or allowed by local law, you agree to:
(a) not make alterations or modifications to the whole or any part of the services, nor allow the Services or any part of them to be combined or incorporated into other programs, unless expressly agreed in writing. For the avoidance of doubt, this does not apply to the incorporation of the 3D Models into other websites or media or other acts of integration that are a normal feature of the Services, subject to the Scope and any other limitation set forth in these Terms and the Order;
(b) not disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the Services or attempt to do any such thing;
(c) not provide or make available the hosting Services, in any form, to any person unless such provision is a normal feature of the Services);
(d) not use the Services or the 3D Models created using the Services for illegal or unethical purposes or in any way that may infringe or violate third-party rights;
(e) to comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Services; and
(f) adhere to the scope of use restrictions and terms applicable to the relevant package subscribed by you. Additionally, you acknowledge that the Packages of services allow the use of different features and services and agree to use only those features and services as permitted by your purchased Package.
3D Models: You acknowledge and agree that the resulting 3D Models represent abstract three-dimensional models of the 2D plans, representing the result of skill and ability and therefore should not be treated exactly to scale for further processing, particularly, without limitation, the 3D Models should not be used for building constructions, building renovations, exact measurements, or any other use requiring exact measurements.
Availability and Service Support
Availability: 3DVOX will use their best efforts to make the Services available 24 hours a day, seven days a week, except for maintenance services that may be carried out at any time, with or without notice. Access to the Services is provided “as is” and “as available,” meaning we do not guarantee that the Services will be available, uninterrupted, or error-free at all times, and we shall not be liable to you for their failure. In particular, you acknowledge that the Services may be subject to limitations, delays, and other issues inherent in the use of communication networks and facilities and we have no responsibility for any delay or lack of access to the Services as a result of such issues. Support: We offer certain support with your use of the services only during business hours, and you can access contact links to us with support inquiries by sending an email to email@example.com.
Account: You are responsible for maintaining the security of your 3DVOX account. You and your [Authorized Users] must treat your password and your chosen password as confidential and not disclose it to third parties. You are fully responsible for all activities that occur under your account and any other action taken in connection with your account. You must immediately notify 3DVOX of any unauthorized use of your account or any other security breach. We have the right to disable your account and terminate the Agreement at any time if, in our reasonable opinion, you have not materially complied with any of your responsibilities under section 3 and this section 5 of the Agreement. Applicable Laws: You will comply with applicable laws: You will comply with all applicable laws and regulations regarding your use of the Services and, if applicable, your Authorized Users.
Content: For any material, data, or information that you or your [Authorized Users] (as applicable) upload, input, or require us to enter on your behalf in your use of the Services (“Content”), including the 2D plans you upload or when you use a feature of the Services that allows you or your [Authorized Users] to import, upload, link, present, share, embed, or make material available to third parties through your use of our Services and the 3D Models (“share”), you must comply with and ensure compliance with the content standards below. You are responsible for the Content (including its legality, reliability, integrity, accuracy, and quality) and agree to indemnify us for any loss or damage we suffer as a result of your breach of the following content standards.
You represent and warrant that any Content:
(a) will not infringe on property rights, including, among others, intellectual property rights, of third parties;
(b) is accurate (when stating a fact) and genuinely held (when stating opinions);
(c) complies with the applicable laws and regulations in any country from which the Content is posted;
(d) will not contain any material that is defamatory, obscene, offensive, hateful, inflammatory, or illegal;
(e) will not contain or install viruses, worms, malware, trojans, or other harmful or destructive content;
(f) will not promote sexually explicit material, violence, discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
(g) will not be made or operated in violation of any legal duty owed to a third party, such as a contractual duty or a duty of trust;
(h) will not violate the privacy or publicity rights of third parties; and
(i) is not likely to mislead any person, including as to whether you are another person or company or as to the source of the Content (such as impersonating individuals).
3DVOX has the right (though not the obligation) at the sole discretion of 3DVOX to reject or remove any Content that, in 3DVOX’s reasonable opinion, violates any term of the Agreement or is in any way harmful or objectionable, or infringes or violates third-party rights. You acknowledge that we also have the right to disclose your identity to any third party who claims that any Content shared by you constitutes a violation of their intellectual property rights or their right to privacy.”
6. Our Rights to Content
3DVOX acknowledges that, between you and 3DVOX, you are the owner of the content you share on or through the Services (except for any content or part of it that is generally available publicly or through other sources separate from the Agreement). In order to use the Services, we require you to, and hereby you agree to, grant us and our external service providers a non-exclusive, royalty-free, worldwide, perpetual, and transferable right to use, reproduce, distribute, prepare derivative works from, display, and perform the Content for and in connection with: (i) the operation of the Services; and (ii) generating and presenting the 3D Model in our Services; provided that such use after the expiration or termination of the Subscription Term does not include any of your personal data without your express written permission. You acknowledge and agree that we may use anonymous Content at any time in order to provide our services to our clients. You warrant to us that you have all necessary rights and licenses and applicable consents for the Content for its transfer and use by us in accordance with the Agreement.
7. Intellectual Property
We are the owner or licensee of all intellectual property rights in our Services and 3D Models (subject to the above section) and all the software, documentation, and materials accessed through the Services, and the material published therein. These works are protected by copyright laws and treaties worldwide. All such rights are reserved. Unless expressly stated herein or enabled by the proper functioning of the Services, the Agreement does not grant you any rights to or in respect of intellectual property rights or licenses regarding the Services. 3DVOX reserves the right to display attribution on the 3D Models as ‘by 3DVOX’. Such attributions or other credits or footnotes may not be altered or removed in case they are required as part of your subscription plan.
8. Hosting Subscriptions and Payments
Hosting fees: Unless otherwise agreed in the applicable Order, you agree to pay us the relevant fees for the Service Package you have selected to purchase, which, depending on the respective Package, will be: (i) the annual hosting fees for such Package, as applicable, payable in advance; or (ii) “pay-as-you-go” fees for such Package, when such option is offered by us, as indicated in the applicable Order (“Subscription Fees”). The details of these fees are set forth in the starting sections of our website. For annual hosting fees, we will charge you for the first installment of such fees in advance on the date you first purchased a Package for the Services (“Initial Charge Date”). Thereafter we will charge you on each annual anniversary of the Initial Charge Date (depending on the Package selected by you) during the Subscription Term. For any “pay-as-you-go” fee, as applicable, you will be charged at the time of each request or monthly backlog for the Services used under such Package, as indicated in the applicable Order and you will pay immediately. Unless otherwise agreed in the applicable Order, all such payments and charges will be made on your payment card in accordance with the payment section below. Payment: You hereby authorize us to charge your payment card, the details of which you provide to us on the Initial Charge Date, the applicable Subscription Fees and any additional charges applicable to your use of the 3D Models and/or Services (as set forth in the applicable Order) on the specified charge dates above. The Subscription Fees and any additional charges are: (a) payable in the currency specified at the time of purchase of the applicable Service Package; (b) unless otherwise stated in the Agreement, non-refundable; and (c) unless otherwise stated in the applicable Order, including any applicable sales or value-added tax. Suspension of Services: If we are unable to charge your payment card the amounts owed within 10 days of the respective due date, and without prejudice to any of our other rights and remedies:
(a) we may, without liability to you, disable your account and access to all or part of the Services and shall not be required to re-enable the same until such fees (including any applicable interest) have been paid; and
(b) interest shall accrue daily on such amounts due at an annual rate equal to 10% over the then-current base loan rate of the Banco de Mexico from time to time, beginning on the due date and continuing until paid in full, whether before or after judgment.
Changes in fees: We reserve the right to change the fees, subject to notifying you of the fee change in sufficient advance notice (which will be at least 10 days). Fee changes will take effect: (a) in the case of annual subscriptions, on the date indicated to you with the adjusted fee rate prorated and any additional charge due to us being charged to your credit card. Your continued use of the Services after the fee change takes effect constitutes your agreement to pay the new fee. If you change, upgrade, or downgrade your Service Package, the fee change will take effect from the beginning of the next applicable subscription period.
9. Subscription Term
Subscription Term for Services: Your right to access and use the Services will continue during the applicable Subscription Term unless terminated earlier in accordance with section 10. The Initial Subscription Term will renew for additional periods that are the same as the Initial Subscription Term (“Renewal Term(s)”) unless terminated earlier in accordance with section 10.
10. Termination Rights and Refunds
Your Termination of Services: For the Services, you may switch to different Packages or terminate the Services at any time following the instructions on our website or by notifying us otherwise by email. Unless entitled to a refund under these terms and conditions or as required by applicable law (which cannot be excluded by us), prepaid fees will not be refunded.
If you use the Services as a consumer (as opposed to a business) and by subscription, you may have the legal right to cancel your purchase of the Services or upgrade to a different Package as provided by applicable local law and receive a refund. If you wish to exercise this legal right, you must notify us of your decision to cancel the initial purchase or the class upgrade by a clear statement (e.g., a letter sent by post or email) within 14 days (or the longer period provided for in applicable local legislation) requesting the purchase of the applicable Service Package upgrade (“Cancellation Period”). We will refund you in accordance with the requirements of applicable local law and using the same means of payment you used for the initial transaction, unless agreed otherwise. We reserve the right to deduct an amount that is proportionate to those services performed up to the time you notify us of the cancellation, compared to the full coverage of the corresponding upgrade fee paid. In any case, you will not incur any charges as a result of the refund.
This cancellation right is only available with respect to your first upgrade to each of the Packages. By creating a Services account and requesting an upgrade to a Package (as applicable), you are requesting immediate performance of the Agreement.
Mutual Termination Rights: Either party may terminate the Agreement in the event that the other party:
(a) is in material breach of the Agreement and where such breach can be remedied, does not remedy the breach within 30 days of notice of such breach; or administrative receiver appointed over it or any of its assets; or if the other party is subject to an order for administration or enters into a voluntary arrangement with its creditors or ceases or threatens to cease to carry on; or is subject to any analogous event or procedure in any applicable jurisdiction.
Termination Rights of 3DVOX
We may terminate the Agreement without cause with respect to your access and use of the free trial of the Services at any time and with prior notice.
Furthermore, we may further terminate the Agreement (for trial of the Services and/or the Services) and delete the information and data from your account (including Content) in any of the following events: (i) the Services are discontinued; (ii) we lose the right to provide you with the Services; or (iii) when the provision of the Services or part of the Services becomes unlawful.
Your Obligations upon Termination: Upon termination or expiration of the Agreement for any reason, you must (i) in case of termination of the free trial of the Services, immediately cease use and access to the Services, and/or (ii) in the case of termination of the Services, immediately cease use and access to the Services and, if applicable, pay all fees due to 3DVOX up to and including the termination or expiration date.
Survival Provisions: All provisions of the Agreement that by their nature should survive termination will survive termination, including, among others, provisions of ownership, disclaimers of warranty, indemnification, and limitations of liability.
11. Privacy and Content Security
Data Privacy: In this clause 11, “Personal Data” refers to data about a person that can be identified from that data or by combining it with other information to which we have access. Both of us must comply with all laws related to Data Protection that apply to our respective businesses. You warrant that you have the right to transfer your Personal Data to us so that we can use, process, and legally transfer it in accordance with the Agreement on your behalf. To the extent you upload any Content through your use of the Services that contains Personal Data and we are considered a processor of such Personal Data, we will do the following:
(a) process such Personal Data in accordance with your instructions and only when necessary for the provision of the Services to you;
(b) take reasonable appropriate technical and organizational measures against unauthorized or unlawful processing of the Personal Data or its accidental destruction, loss, or damage, as appropriate to the harm that might result;
(c) ensure that any person who has access to and/or processes Personal Data is obligated to keep it confidential;
(d) not transfer the Personal Data outside the European Economic Area without ensuring that appropriate measures are in place to protect the Personal Data as required by applicable data protection laws;
(e) promptly and without undue delay notify you if we become aware of a security breach that has led to accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to Personal Data;
(f) if requested by you and, in any case, upon termination of the Agreement, delete or return to you all copies of the Personal Data;
(g) provide you with reasonable assistance and information to enable you to comply with your obligations under applicable data protection laws;
(h) maintain complete and accurate records and information to demonstrate that we have complied with this clause 11; and
(i) allow you (or your external auditor) to audit our compliance with these terms upon reasonable notice to us, provided that any external auditor you have appointed to conduct such audit has entered into confidentiality commitments satisfactory to us and you make all reasonable efforts to ensure that such audit is designed to minimize disruption to our business.
When we act as a processor of your Personal Data, you give us your consent to use subcontractors to process your Personal Data as long as:
(a) we notify you if we are going to change one of them at least ten (10) days before doing so;
(b) we ensure that they are subject to terms that comply with applicable data protection law; and
(c) we remain responsible for any breach of this clause 11 by them.
Backup: You acknowledge and agree that we are not responsible for backing up the Content, and for this reason, we urge you to keep your own copy of all such Content at all times.
12. Disclaimer of Warranties
To the maximum extent permitted by law, in addition to the waiver of warranties set forth in section 4, we do not warrant that defects in the Services will be corrected or that the Services or the server making the Services available are free of viruses or may be harmful or destructive.
You acknowledge that the Services have not been developed to meet your individual requirements, and that it is your responsibility to ensure that the facilities and functions of the Services meet your requirements. You assume all responsibility for the results obtained from the use of the Services, and for conclusions drawn from such use, including any damages caused by errors or omissions in any information, instructions, or scripts you provide to us in connection with your use of the Services or any action we take under your direction.
To the maximum extent permitted by law, Interprika disclaims all other warranties, representations, conditions, and all other terms of any kind implied by law or common law.
13. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable whether in tort (including negligence or breach of legal duties), contract, misrepresentation, or otherwise for (i) any special, indirect, or consequential loss or damage, (ii) the cost of procurement of substitute products or services; (iii) disruption of use or loss or corruption of data; or (iv) loss of profits, loss of business, or depletion of goodwill, arising out of or in connection with the Agreement.
To the maximum extent permitted by law, in addition to the other exclusions set forth in this section 13, we shall have no liability:
(a) for any other third-party product or service you access and/or use through the Services;
(b) when any failure of the provision of the Services is caused by a network, hardware, or software failure on equipment not under our control;
(c) for your acts or omissions;
(d) for your use of the Services in violation of the Agreement;
(e) for your use of the 3D Model when not hosted through our Services; or
(f) for any unauthorized access to the Services, including a malicious security breach.
To the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with the performance or contemplated performance of the Agreement shall be the greater of: (a) the total fees paid by you to us under the Agreement during the twelve (12) months period preceding the date on which the cause of action arose;
Nothing in the Agreement excludes or limits our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by law.
You assume sole responsibility for the results obtained from your use of the Services and 3D Models, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions, or materials you provide to us in connection with the Services or any action taken by us under your direction.
You agree to defend, indemnify, and hold 3DVOX harmless from and against any claims, losses, damages, expenses, and costs, including, but not limited to, reasonable legal fees and expenses, arising out of or in connection with your use of the Services in violation of the Agreement.
15. Changes to this Agreement
This Agreement may be changed by us from time to time. Changes will become effective immediately upon posting the updated Agreement on this webpage. When appropriate (such as a change in fees), we will also notify you in advance via email. You are responsible for ensuring that you are familiar with the latest version of the Agreement. Continuing to use the Services after the change becomes effective constitutes your agreement to be bound by the Agreement in its amended form. 3DVOX may also, in the future, offer new services and/or features through the Services (including launching new tools and resources). Unless notified otherwise, such new features and/or services will be subject to new terms and conditions of the Agreement.
16. Other Important Terms
Transfer: We may transfer our rights and obligations under the Agreement to another organization, but this will not affect your rights or our obligations under the Agreement. You may only transfer your rights or obligations under the Agreement to another person if we agree in writing.
Waiver: If we do not insist that you perform any of your obligations under the Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any subsequent breach by you.
Severability: Each of the terms and conditions of the Agreement operates separately. If any court or competent authority decides that any of them is unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Governing Law and Jurisdiction: Please note that the Agreement, its subject matter, and its formation, are governed by Mexican law excluding its conflicts of law rules. Both you and we agree that the courts of Guanajuato, Mexico will have exclusive jurisdiction to settle any dispute that may arise out of or in connection with the Agreement.