By creating an Account (as defined below) or using the Artec Cloud Service in any way, you acknowledge that you have read, understood, and agree to be bound by the following Terms.
If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity, in which case the terms "you" or "your" shall refer to such entity.
The Artec Cloud Service is available only to individuals who have the capacity to form legally binding contracts under applicable law. Artec Cloud Service is not available to minors under 18 years of age.
Artec may modify these Terms at any time, subject to informing you with minimum one (1) month notice before the effective date of such modification. If you do not agree with the amendments to the Terms, you have the right to terminate the Terms by giving a notice during the one (1) month notice period. Please refer to Clause 16.b) [Termination] for additional information in case of termination of the Terms.
All updates or modifications to the Artec Cloud Service shall be governed by these Terms.
Artec Cloud Service
Artec Cloud Service is a service that enables editing, manipulating, and storing of the data resulting from 3D scans made by Artec (the "3D Scans") and other third party 3D scanners through a cloud-based repository (the "Artec Cloud Service").
Artec may from time to time modify the Artec Cloud Service, subject to informing you with minimum one (1) month notice before the effective date of such modification. If you do not agree with the amendments to the Terms, you have the right to terminate the Terms during the one (1) month notice period. Please refer to Clause 16.b) [Termination] for additional information in case of termination of the Terms. By continuing to use our services after any changes take effect, you agree to be bound by those changes.
We may suspend or stop providing the Artec Cloud Service to you if you do not comply with the Terms or if we are investigating suspected misconduct.
Unless explicitly stated otherwise, any new features that augment or enhance the currently offered Artec Cloud Service, including the release of new services, shall be subject to these Terms.
License to Use the Artec Cloud Service
Subject to these Terms and any applicable payment, Artec grants you a revocable, non-transferable, non-sublicensable, non-exclusive, limited license to access and use the Artec Cloud Service for your own use.
Except for the foregoing license grant, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in the Artec Cloud Service, ownership of which is retained by Artec.
You may use the Artec Cloud Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. By using the Artec Cloud Service, you agree not to engage or attempt to engage, and will not permit your users or any third parties to engage or attempt to engage, in any of the following prohibited activities: (a) altering, modifying, improving, reverse engineering, disassembling, or decompiling the Artec Cloud Service (b) interfering with the Artec Cloud Service or trying to access it using a method other than the interface and the instructions that we provide; (c) using any automated systems, including "robots", "spiders", "offline readers", etc., to access the Artec Cloud Service; (d) reproducing, duplicating, or copying any portion of the Artec Cloud Service; (e) using or accessing the Artec Cloud Service without the express permission of Artec; (f) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Artec Cloud Service; (g) taking any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (h) uploading or transmitting viruses, worms, harmful conde, or other software agents through the Artec Cloud Service; (i) using the Artec Cloud Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights; (j) using the Artec Cloud Service in any manner that interferes with or disrupts the integrity or performance of the Artec Cloud Service and its components; (k) using the Artec Cloud Service for for any unlawful, unauthorized, invasive, infringing, defamatory, fraudulent, or obscene purpose; (l) use the Artec Cloud Service in any way that violates these Terms.
You may not access or use the Artec Cloud Service if you are a competitor or provide any services to a competitor of Artec, except with our prior written consent. You may not access or use the Artec Cloud Service for the purposes of monitoring performance, availability, functionality, or for any benchmarking or competitive purposes.
To the extent that Artec Cloud Service is based on the Amazon Web Services (“AWS”), please note that the terms and conditions of AWS ( available here ) apply to your use of the Artec Cloud Service.
Please be aware that you must provide complete and accurate information to our payment processor or your payment may be affected. You must promptly update all information to keep your billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid Artec Cloud Service under your billing Account unless you have terminated your paid Artec Cloud Service.
You are solely responsible for safeguarding the login and password that you use to access the Artec Cloud Service. You further agree (a) not to provide your password to anyone who is not your agent, and (b) to ensure all individuals permitted to use your Account information are aware of and have agreed in writing to comply with these Terms.
You must be a human to set up an Account. Accounts registered by "bots" or other automated methods are not permitted.
Artec Cloud Service Data. Security & Privacy. Ownership
Artec will maintain commercially reasonable administrative, physical, and technical safeguards for protection of the security and confidentiality and integrity of Artec Cloud Service Data transmitted through the Artec Cloud Service. For purposes of these Terms, Artec Cloud Service Data means electronic data, text, messages, communications or other materials submitted to and stored within the Artec Cloud Service by you in connection with your use of the Artec Cloud Service (such as the 3D Scans) which may also include, without limitation, Personal Data, which shall mean any information relating to an identified or identifiable natural person. This might be by reference to an identifier such as a name, ID number, location data or online identifier, or by factors specific to natural persons, such as their physical, genetic, economic or social identity. Notwithstanding the foregoing, as between Artec and you, you are solely responsible for ensuring compliance with all applicable laws in connection with the collection and/or processing of Personal Data of your own users.
To the extent Artec Cloud Service Data constitutes Personal Data, you shall be deemed to be the data controller and Artec shall be deemed to be the data processor as those terms are defined under the EU Regulation 2016/679, (the General Data Protection Regulations, hereafter the GDPR). Under no circumstances will Artec be deemed to be a data controller with respect to Artec Cloud Service Data under the GDPR or any relevant law or regulation of any Member State as defined in Data Protection Regulations or any other applicable data protection legislation as the case may be.
The contractual relationship of you as data controller and Artec as data processor is set out in the data processing agreement, attached in Appendix 1.
Artec Intellectual Property Rights
All components of the Artec Cloud Service, including, without limitation the artwork, text, graphics, photographs, videos, sounds, visual interfaces, graphics, design, logos, trademarks, service marks, trade dress, content, compilation, algorithms, computer code, products, software, patents, know how, documents, and other material contained or presented on or through the Artec Cloud Service, and any combination thereof ("Material") are protected by copyright, trademarks, trade secrets, patents, and other intellectual property laws and other applicable laws worldwide. Any unauthorized use, reproduction or modification of the Artec Cloud Service may violate applicable law. Artec and/or its suppliers and licensors own all right, title and interest, including all copyright, trademark, trade secrets, patent, and other intellectual property rights in such Material. Use of the Material for any purpose not expressly permitted by these Terms is strictly prohibited.
Fees & Subscriptions
You purchase an annual subscription for the different packages: Viewer, Collaboration and Processing (the "Packages" or individually each as a "Package"). The annual subscription costs for the different Packages (the "Fees") can be found here .
All of the information on the different subscription Packages and the services related to each subscription Package can be found here .
The Fees are exclusive of value added tax and any additional or other taxes, charges or duties which may be imposed in connection with any and all payments made or due hereunder and shall, if applicable, be borne, respectively registered and duly declared by User.
Change in fees
Artec may change the Fees and/or introduce new charges in addition to the Fees subject to minimum one (1) month notice before the effective date of the new and/or additional Fees. Artec may notably charge you for additional Fees in the event of:
- any change in the services or fees of our third party service providers;
- changes in the Artec Cloud Service which are made at your request; or
- delays and/or other issues due to your failure to fulfill your obligations or due to your request to delay work for any reason.
If you do not agree with amended Fees, you have the right to terminate the Terms during the one (1) month notice period. Please refer to Clause 16.b) [Termination] for additional information in case of termination of the Terms. By continuing to use our services after any changes take effect, you agree to be bound by those changes.
If you exceed the normal use of the package you have subscribed to Artec will charge you the additional Fees.
By subscribing to Artec Cloud Services, you commit yourself for a defined period of 12 (twelve) months. Your subscription is automatically renewed by consecutive one (1) year periods, at the rate you were previously charged, unless you choose a different subscription Package (in which case your Fees will be adapted in accordance with our Fee schedule , or cancel your subscription prior to the renewal date.
Subscriptions to Artec Cloud Services are invoiced in advance. In the event that you cancel your subscription prior to the expiration of the term of your subscription, you will still be charged for the entire subscription period, but your subscription will not be renewed.
Where you ask for a change in your subscription to Artec Cloud Services (increase or decrease), a credit note or a supplementary invoice will then be issued accordingly. Intermediate invoices may be issued to regularize support interventions. All invoices are due upon receipt by User.
If the allocated resources (e.g. number of users or storage space) are exceeded, Artec will contact you to invite you to regularize your subscription.
Any unpaid invoice will give Artec the right to terminate the Terms in accordance with Clause 16 of the Terms.
Your subscription is not transferrable.
A valid payment method is required to process the payment for your subscription. You must provide accurate and complete billing information and valid payment method information to us or a payment processor, as applicable. By submitting such payment information, you automatically authorize Artec or a payment processor to charge all Fees incurred through your Account to any such payment instruments. Only the person or entity that has registered an Account and has paid the applicable Fees may use the Artec Cloud Service.
Except when required by law, all Fees are non-refundable.
Privacy and Security
Artec cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes.
- comply with applicable law or any request from any authority;
- detect, prevent or address technical, security or fraud issues; or
- protect the rights, property or safety of Artec, its users, any third party or the public, if required or permitted by applicable law.
If you provide us with any feedback or suggestions regarding the Site ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.
Indemnity and Release
You agree that you are personally responsible for your use and behavior while using the Artec Cloud Service. You agree to indemnify, defend and hold harmless Artec, its directors, officers, shareholders, personnel, subsidiaries, affiliated companies, franchisees, licensees, joint ventures, business partners, licensors, suppliers, employees, agents, and hosts of the Artec Cloud Service and third-party information providers from and against all claims, liabilities, losses, expenses, injury or damage to persons or property, money damages and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), reasonable attorneys’ fees and costs of government inquiry or investigation, resulting from or arising out of your access, use, misuse, inability to use or interruption of the Artec Cloud Service or any violation by you of these Terms or of applicable law.
You use the Artec Cloud Service at your own risk. Artec Cloud Service is provided “as is,” “where is,” “as available,” “with all faults,” and with no warranty of any kind. Artec disclaims all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Artec makes no representation or warranty regarding completeness, accuracy, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, operation or any other aspect of the Artec Cloud Service or content or Artec Cloud Service provided on, or accessible from the Artec Cloud Service. Artec does not warrant that operation of the Artec Cloud Service will be uninterrupted or error-free, or that the Artec Cloud Service is free from viruses or other harmful components.
You further acknowledge and agree that, except as otherwise agreed in writing, Artec will have no obligation to provide you with any support or maintenance in connection with the Artec Cloud Service.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Disclaimer of Liability
To the maximum extent permitted by applicable law, in no event shall Artec or any of its suppliers or licensors be liable for any special, incidental, indirect, punitive, or consequential damages whatsoever, including, but not limited to, damages for: loss of profits, loss of confidential or other information or data, business interruption, personal injury, loss of privacy, failure to meet any duty, negligence, and any other pecuniary or other loss whatsoever, arising out of this agreement or in any way related to the use of or inability to use the Artec Cloud Service even if Artec or any supplier or licensor has been advised of the possibility of such damages.
In no event shall Artec’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of money that you have paid to Artec in the preceding six months period. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided by third parties other than Artec and received through or advertised on or through the Artec Cloud Service. You agree that in the event you incur any damages, losses or injuries that arise out of Artec’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, service, or other materials owned or controlled by Artec, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other materials owned or controlled by Artec.
Any claims or damages that you may have against Artec shall only be enforceable against Artec and not any other entity or Artec’s or any entity’s officers, directors, shareholders, representatives or agents.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Artec may send you electronic communications. These electronic communications may include notices concerning or related to the Artec Cloud Service. These electronic communications are part of your relationship with Artec. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Artec Cloud Service Limitations
Artec uses commercially reasonable efforts to make the Artec Cloud Service available seven (7) days a week twenty-four (24) hours a day. However, Artec cannot guarantee that the Artec Cloud Service will be uninterrupted or available at all times, which interruptions may prevent your 3D Scans from being edited, viewed or accessed. We will use commercially reasonable efforts to provide twenty-four (24) hour advance notice to you in the event of any scheduled downtime.
Governing Law and Jurisdiction
These Terms are governed by the laws of Luxembourg. You irrevocably consent to the exclusive jurisdiction and venue of the courts in Luxembourg for all disputes arising out of or relating to these Terms. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
Without prejudice to the other terms and termination included in the Terms, the Terms are concluded for a fixed term of twelve (12) months and are tacitly renewed for a period of twelve (12) months if they have not been terminated by either party by registered letter with acknowledgement of receipt or by email fifteen (15) days prior to the expiry of the Terms.
Termination for cause
Artec has the right to terminate the access to the Artec Cloud Service, or to restrict your access to certain components of the Artec Cloud Service, immediately by registered mail, without recourse to the courts (de plein droit) and without any compensation, if:
- the User commits a material breach of these Terms, and if the breach is capable of remedy, fails to remedy it within [thirty (30)] days after being given a written notice of the breach and requiring it to be remedied; or
- the User is unable to pay its debts or enters into liquidation or bankruptcy; or
- Artec can no longer rely on the AWS service
- Any change in the legislation that would prevent Artec [from continuing providing Artec Cloud Service]
For the avoidance of doubt, the following are considered as material breach of the Terms, permitting Artec to immediately terminate the Terms:
- any act of hacking or attempted illegal use of Artec Cloud Services;
- any act of fraud or attempt of fraud;
- any act of disclosure of any information about Artec Cloud Services.
Upon such termination you must immediately discontinue the use of the Artec Cloud Service. We will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your Artec Cloud Service Data. All of the Artec Cloud Service Data shall be deleted immediately after the termination or deletion of your Account. You may delete your Account at any time, for any reason, by contacting Artec email@example.com
Upon any termination of these Terms, all provisions regarding indemnification, warranty, liability and limits thereon, and confidentiality and protection of proprietary rights and trade secrets, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall so survive until it shall no longer be necessary for them to survive in order to achieve their purpose.
Terms that by their nature are intended to extend beyond termination, including, but not limited to, Sections 5, 10, 11, 12, 16 and 17 will survive any termination of these Terms.
- Assignment. The Terms, any part thereof or any rights or obligations under it may not be novated, assigned, outsourced or transferred by you without our advance written consent, but may be assigned by us without restriction or limitations. Any assignment or transfer in violation of the aforementioned provisions shall be deemed null and void. Subject to the forgoing, the provisions of these Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
- Force Majeure. We shall not be liable for failing or delaying performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, use of third parties’ equipment or services, communications failure, governmental action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
- Electronic Notices. The communications between you and Artec use electronic means, whether you use the Artec Cloud Service or send us emails, or whether Artec posts notices on the website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Artec in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Artec provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. You agree that Artec may provide notice or other information to you by emailing it to the email address listed in your account or mailing it to the street address listed in your account. You must have internet access and an e-mail account to receive communications and information relating to our services. If the notice is sent by email, Artec will consider it to have been received by you three (3) business days after it is sent.
- Assignments. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without prior written consent of Artec, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Artec may freely assign These Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
- No Waiver. No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy; and will not be construed as a waiver of any subsequent breach or default under the same or any other provision of this Agreement.
- Severability. All the provisions of these Terms are distinct and severable. If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, this shall not impair the operation of this Agreement or affect the other provisions which are valid.
- Copyright/Trademark Information. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed through the Artec Cloud Service are our property or the property of our suppliers or licensors. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
If you have any questions regarding these Terms, contact us at firstname.lastname@example.org