Shapespark Terms of Service
The following terms and conditions govern all use of the Shapespark services (the Services).
The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein (the Agreement). If you create the account to use the Shapespark desktop application, you must also agree to the Shapespark End User License Agreement. You agree that we may automatically upgrade the Services, and these terms will apply to any upgrades. Your agreement is with Shapespark sp. z o.o. with its main seat at ul. Karmelicka 27/7, 31-131 Kraków, Poland, entered into the register of entrepreneurs of the National Court Register by the District Court for Kraków-Śródmieście in Kraków, XI Economic Division under the KRS numer 0000637986 Poland (Shapespark or we).
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use any of the Services.
- General terms
- You must be 16 years or older to use the Services.
- Use of the Services requires a cloud.shapespark.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- One person or legal entity may not use more than one account to circumvent one-month usage limit of the Trial version of Shapespark application.
The Services allow you to upload and host 3D visualizations
created with the Shapespark application (Content). You agree
not to use the Services for hosting of any other files. The
following activity and Content isn’t allowed:
- Illegal content and conduct.
- Intellectual property infringement.
- Technologically harmful content.
- Hotlinking - other sites should not use individual files that are part of visualizations hosted by us. Linking of using iframes to display complete visualizations is permited.
- Spam or machine generated content
- You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or in any manner that could interfere with any other party's use of the Services.
- You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
- Copyright and content ownership
- We claim no intellectual property rights over the Content you provide to the Service, it remains yours.
- You are entirely responsible for the Content uploaded to your account, and any harm resulting from, that Content or your conduct. By using the Services, you represent and warrant that your Content and conduct do not violate these terms.
- By uploading the Content you grant Shapespark a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing your visualizations.
- Shapespark does not publicly share your uploaded Content without your explicit consent.
- If you delete the Content, Shapespark will use reasonable efforts to make it not accessible through Shapespark website, but you acknowledge that cached Content or references to the Content may not be made immediately unavailable.
- Without limiting any of those representations or warranties, Shapespark has the right (though not the obligation) to, in Shapespark’s sole discretion, refuse or remove any Content that, in Shapespark’s reasonable opinion, violates any Shapespark policy or is in any way harmful or objectionable.
- You shall defend Shapespark against any claim, demand, suit or proceeding made or brought against Shapespark by a third-party alleging that your Content, or your use of the Services in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify Shapespark for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Shapespark in connection with any such claim, demand, suit or proceeding; provided, that Shapespark (a) promptly gives you written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Shapespark of all liability); and (c) provides to you all reasonable assistance, at your expense.
- Hosting services
- Commercial Shapespark application license paid monthly allows the Licensee to use hosting services operated by Shapespark for as long as the license is in force. The number of hosting slots and additional features, such as the ability to change branding of the viewer, depend on the monthly payment plan selected by the Licensee.
- Commercial Shapespark application license paid with a one-time payment allows the Licensee to use hosting services operated by Shapespark for one year with a limited number of hosting slots. After the one year the hosting services can be extended for a fee. Additional hosting slots can be purchased for an additional monthly fee.
- The users of the time-limited trial version of the Shapespark application can use hosting services with 3 slots for the duration of the trial. The trial application and accompanying hosting services are provided for evaluation purposes only. If you do not upgrade from the trial to the commercial version of the application, we reserve the right to remove visualizations uploaded during your trial period. We display text and links in visualizations created with the trial version of the application attributing Shapespark. Such attributions can not be removed during the trial period.
- Payments for the application license and
- Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
- By subscribing to one of the monthly plans, you agree to pay Shapespark through Paddle the monthly subscription fees indicated for that plan. Payments will be charged on a pre-pay basis on the day you sign up for a plan and will cover the use of the software and services for a monthly subscription period as indicated.
- For any upgrade or downgrade in plan level while on a monthly billing cycle, you will be charged the new rate on your next billing cycle.
- There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- Unless you notify Shapespark before the end of the applicable subscription period that you want to cancel the subscription, your subscription will automatically renew and you authorize Paddle to collect the then-applicable monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism Paddle has on record for you. Subscriptions can be canceled at any time at the cloud.shapespark.com.
- Responsibility of visitors
- Shapespark has not reviewed, and cannot review, all of the material posted to the Services, and cannot therefore be responsible for that material’s content, use or effects. The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Shapespark disclaims any responsibility for any harm resulting from the use by visitors of the Services, or from any downloading by those visitors of content there posted.
- Shapespark reserves the right to temporarily or permanently deny access to visitors that access the Services in any manner that could damage, disable, overburden, or impair the Services.
- Intellectual property This Agreement does not transfer from Shapespark to you any Shapespark or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Shapespark.
- Changes We are constantly updating the Services, and that means sometimes we have to change the legal terms under which the Services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect or by posting a notice on our site. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using the Services within the designated notice period. Your continued use of the Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
- Cancellation and termination
- You are solely responsible for properly canceling your account. You can cancel your account at any time by clicking on the 'Settings' tab in the global navigation bar of cloud.shapespark.com.
- If you violate this Agreement or Shapespark End User Licensee Agreement, Shapespark may terminate your access to all or any part of the Services at any time, effective immediately.
- All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Limitation of liability In no event will Shapespark, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the greater of: (a) any fees paid by you to Shapespark under this agreement during the twelve (12) month period prior to the cause of action (b) one hundred dollars (100 USD). Shapespark shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Warranty Your use of the Services is at your sole risk. The Services are provided without any warranty and on an „as is” and "as available" basis. To the maximum extent permitted by law Shapespark hereby disclaims any warranty, express or implied, including, without limitation, the warranty of merchantability, fitness for a particular purpose and non-infringement. Shapespark does not warrant that the Services will be error free, secure or that access thereto will be continuous or uninterrupted.
- Attorney fees If any legal action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses in addition to any other relief to which it may be entitled.
- Severability The invalidity or unenforceability of any provision or provisions of this Agreement shall not affect the validity or enforceability of any other provision hereof, which shall remain in full force and effect.
- Applicable Law This Agreement will be governed by the laws of Poland.
- Dispute resolution Any disputes arising under or in connection with the provisions of this Agreement will be finally settled exclusively by the Court of Arbitration at the Polish Chamber of Commerce in Warsaw under the Rules of the Court of Arbitration in force on the date of commencement of the proceeding by an arbitrator or arbitrators appointed in accordance with the said rules.