Terms of service

ALPHA3D TERMS OF USE

General Terms

These Terms of Use, containing Commercial Terms (if applicable) and General Terms, constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Alpha AR OÜ, 14586044, Narva mnt 7b, Tallinn, Harjumaa 10117, Estonia, (“we”, “us”, or “our”), concerning your access to and use of the app.alpha3d.io (“Alpha3D platform”). You agree that you have read, understood, and agreed to be bound by all of these Terms of Use.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE ALPHA AR AND YOU MUST DISCONTINUE USE IMMEDIATELY. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS ALPHA AR PLATFORM.

Supplemental terms and conditions or documents that may be posted on the Alpha3D platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Alpha3D platform after the date such revised Terms of Use are posted.

These Terms of Use may be divided into Commercial Terms and General Terms. Without such division, the General Terms will apply to the entire agreement between you and us. In the case of agreed Commercial Terms, the Commercial Terms will prevail in the situations where Commercial Terms contradict the General Terms.

DESCRIPTION OF SERVICES

We provide the service of creating 3D content for augmented reality (AR) projects automatically through our unique AI-based (artificial intelligence) deep tech solution and manually through our designer studio, creating 3D models based on 2D images. More specific and step-by-step guidance on how to use the service is provided on the Alpha3D platform and in tutorials available at https://getready.alpha3d.io/tutorials.

ALPHA AR 3D modelling is not intended to process pictures of human faces and does not generate 3D result from pictures of human face. We also do not use any facial recognition technologies in our product. Nevertheless, do not upload any pictures of human face to our platform and acknowledge that pictures with human face are personal data.

In order to use the service you are requested to register an account on Alpha3D platform and provide the payment method through Stripe as payment service-provider.

We reserve the right to modify the Alpha3D platform and services, including any of the features, at any time. We will not be liable to you, or any third party should we exercise such a right. Any new features that augment or enhance the then-current services provided by us shall also be subject to these Terms of Use.

We may provide you with technical assistance and consultation regarding the Alpha3D platform. Support includes but is not limited to reacting to and repairing errors as well as providing fixes and upgrades.

Development of additional features or functionality is not included in the Pricing list and integrations with third-party systems or technologies, and customisation of the service for your needs and requirements will be agreed upon separately between you and us. We shall retain the right to decline the request for developments at our own discretion.

FEES AND PAYMENT

The fees for the service are provided to you on our Alpha3D platform under the section Price or Quoted price or agreed separately during the negotiation process for the Enterprise subscription plan and included in the Commercial Terms section of these Terms of Use.

The fees for the Alpha3D platform and services do not include any taxes that may be additionally added depending on the jurisdiction where you make the purchase and/or use the Alpha3D platform and services. You are fully responsible for complying with the applicable tax laws and taxation and paying the added taxes.

Support services exceeding the scope of support described in the Pricing list will be charged separately as agreed between you and us and will be the basis for the invoicing for the additional support services.

The fees for further development of the service will be agreed upon separately between you and us and will be the basis for the invoicing for the additional developments.

Except as otherwise agreed by you and us in writing, there are no refunds of any fees or other amounts paid by you in connection with the provision of the Alpha3D platform and/or services.

In case the Alpha3D platform and related services do not deliver the quality expected because of software issues, you should contact us to communicate the issue.

The right to withdraw and return a purchase within 14-days does not apply to our services as it is online digital content service. This clause of no right to return applies to any jurisdiction where the same or similar return right (reflection period) an exception exists.

In case we plan to change our service fees, we give at least 30-day notice in advance. If no objection is given by you to us during this period and you continue to use the Alpha3D platform and services, we have the right to declare this as your acceptance of the changes in fees. You have always the right to create 3D content in the volumes as provided under your monthly subscription plan, but we have the right to change your subscription fee starting from the next calendar month.

We also use a quotation-based (quotes) solution for pricing. When a request comes through the Alpha3D platform, we price it, and when you confirm the cost, the services provided on the Alpha3D platform get started. You can read more about quotes here https://getready.alpha3d.io/tutorials.

INTELLECTUAL PROPERTY RIGHTS

We use technological solutions and know-how for the provision of Alpha3D platform, which are the exclusive intellectual property of us and you do not become the owner or licensee of such intellectual property rights. We provide the Alpha3D platform under the Software as a Service (SaaS) or quotation-based pricing principles and the software source code, algorithms, databases, AI training models or other intellectual property objects incorporated in our 3D modelling technology are not assigned or licensed to you.

Unless otherwise indicated, the Alpha3D platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Alpha3D platform (collectively, the “Works”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights international copyright laws, and international conventions. The Works and the Marks are provided on the Alpha3D platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Alpha3D platform and no Works or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Alpha3D platform and subject to the fee (except the FREE subscription plan), you are granted a limited right to access and use the Alpha3D platform. We reserve all rights not expressly granted to you on the Alpha3D platform, the Works and the Marks.

INTELLECTUAL PROPERTY RIGHTS of 2D IMAGES

You are solely responsible for making sure that:

a) you own all intellectual property rights and any other rights, title and interest in 2D content and images you have uploaded or provided to us, or have obtained the respective permissions and authorizations from the respective third-party owners before submitting it to the Alpha3D platform for the purposes described in these Terms of Use;
b) 2D content and images you have uploaded or provided are in compliance with all applicable laws and regulations, e.g. it is not offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene, invasive of another’s privacy, defamatory, hateful or otherwise unlawful;
c) 2D content and images you have uploaded or provided do not require obtaining a license from or paying any fees and/or royalties by us to any third party for the performance of any services you have chosen to be performed by us or for the exercise of any rights granted in these Terms of Use, except as expressly agreed otherwise between you and us.

We respect the intellectual property of others, and we expect you to do the same. If you or any user of this Alpha3D platform believes its copyright, trademark, design, or other property rights have been infringed, you or the user should send a notification to us immediately. You acknowledge and agree that´ upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Alpha3D platform without liability to you or any other party.

By uploading your 2D images, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty- free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, archive, store, cache, reformat and distribute such 2D images for purpose of providing you with the Alpha3D platform services and technical functionality. The license provided to us will be also valid after the deletion of your 2D images or the termination of your Alpha3D platform account. Under the same license we are using your 2D files to improve our 3D modelling technology quality.

We do not assert any ownership over your 2D images. You retain full ownership of all your 2D images and any intellectual property rights, or other proprietary rights associated with your 2D images. You are solely responsible for the 2D images you upload to the Alpha3D platform, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your 2D images.

If and to the extent that the uploaded 2D content and images comprise or include any Background Materials (as defined below in this clause), you shall retain ownership of all intellectual property rights in the Background Materials. You hereby grant us a perpetual, irrevocable, sub-licensable, non-exclusive, royalty-free, worldwide license to use such Background Materials in connection with the use, operation and maintenance of files incorporating such Background Materials, in a manner that allows us to provide you the services under the Agreement. We shall not use your Background Materials independently and shall not distribute, resell, sell or license any Background Materials, or any derivative work or component thereof, to any third party for any reason. Background Materials means designs elements, content, images, layout, trademarks, industrial design, and patterns included in the 2D uploaded images.

INTELLECTUAL PROPERTY RIGHTS of 3D MODELS

If the 3D models provided by the Alpha3D Platform include images that are protected by copyrights we hereby irrevocably, unconditionally, and absolutely assign to you, with full title guarantee, and without restriction, all right, title and interest in and to all existing economical copyrights in all countries. We also hereby forever waive and agree never to assert any moral copyrights we may have in or with respect to any 3D models that we provide to you via Alpha3D Platform. The intellectual property or proprietary rights in, to or under any 3D models provided to you do not include any software source code, algorithms, databases, patents, trade secrets, AI training models or other intellectual property objects incorporated in our 3D modelling technology.

USER REPRESENTATIONS

By using the Alpha3D platform, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Alpha3D platform through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Alpha3D platform for any illegal or unauthorized purpose; and (7) your use of the Alpha3D platform will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Alpha3D platform (or any portion thereof).

You may be required to register with the Alpha3D platform. You agree to keep your password confidential and will be responsible for all use of your account and password.

PROHIBITED ACTIVITIES

You may not access or use the Alpha3D platform and/or service for any purpose other than that for which we make the Alpha3D platform available. Your use of the Alpha3D platform is subject to all applicable laws and regulations, and you are solely responsible for the substance of your actions through the Alpha3D platform.

As a user of the Alpha3D platform, you agree not to:

Systematically retrieve data or other content from the Alpha3D platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Alpha3D platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Alpha3D platform and content contained therein.
Use the Alpha3D platform in a manner inconsistent with any applicable laws or regulations.
Upload or transmit (or attempt to upload or to transmit) viruses or material that modifies, impairs, disrupts, alters or interferes with features, functions, operation, or maintenance of the Alpha3D platform.
Engage in any automated use of the system, such as using scripts or using any data mining, robots, or similar data gathering and extraction tools.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Alpha3D platform or the networks or services connected to the Alpha3D platform.
Attempt to bypass any security measures of the Alpha3D platform designed to prevent or restrict access to the Alpha3D platform, or any portion of the Alpha3D platform.
Copy or adapt the Alpha3D platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Alpha3D platform.
By using our service, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any 2D images or other materials that:

* is unlawful or threatening;

* infringes on any patent, trademark, trade secret, copyright, right of publicity, or another proprietary right of any party.

We have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Alpha3D platform, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

2D IMAGES

When you upload any 2D images on the Alpha3D platform, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your 2D images do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, to use your 2D images in any manner contemplated by the Alpha3D platform and these Terms of Use.
You acknowledge that ALPHA AR 3D modelling is not intended to process pictures of human faces and does not generate 3D result from pictures of human face. Do not upload any pictures of human face to our platform.
You have the written consent, release, and/or permission of each and every identifiable individual person in your 2D images to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your 2D images in any manner contemplated by the Alpha3D platform and these Terms of Use.
Your 2D images do not violate any applicable law, regulation, or rule.
Your 2D images do not otherwise violate, or link to material that violates any provision of these Terms of Use, or any applicable law or regulation.

Violation of these Terms of Use may result in, among other things, termination or suspension of your rights to use the Alpha3D platform.

We have the right, in our sole and absolute discretion delete any 2D images if these are violating the Terms of Use. However, we have no obligation to pre-screen or monitor your 2D images.

We reserve the right, but not the obligation, to (1) monitor the Alpha3D platform for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your 2D images or any portion thereof; (4) otherwise manage the Alpha3D platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Alpha3D platform.

ALPHA AR PRODUCT QUALITY ENHANCEMENT

We have a right to re-use the 2D images provided by you, while using the agreed service, for the purpose of AI algorithm enhancement. We can also use the 3D models ordered by you for algorithm training purposes. Such re-use of 2D images and 3D models will only be done internally without making the files publicly available at any time. Those 2D images and 3D models will be deleted after the purpose is met.

We care about data privacy and security and take reasonable precautions and implement industry-standard technical and organizational measures to keep personal data secure and protect it from unauthorized access. For this reason, we follow EU General Data Protection Regulation (GDPR) principles when processing personal data as the high standard for privacy protection.

By using the Alpha3D platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

Alpha3D acts as a data controller regarding Alpha3D platform account data. The data processed when providing the service (converting 2D images into 3D models), Alpha3D is acting as a data processor, while the 2D image provider is the data controller.

We do not sell our clients’ data. When we use third-party service providers for any type of personal data processing, we select such processors with high diligence in order to keep the GDPR level data protection. This also includes the possible personal data transfers outside the EU, in which case

The limitations of liability set out in this Terms of Use shall apply also to data protection-related liabilities.

Our Alpha3D platform and services are supervised by the Estonian Data Protection Inspectorate www.aki.ee .

CONFIDENTIALITY

Both you and we must protect and hold all confidential information in strict confidence and take all reasonable steps necessary to protect the confidential information from unauthorized and/or inadvertent disclosure. All confidential information disclosed will remain the exclusive and confidential property of the disclosing party. The receiving party will not disclose the confidential information of the disclosing party and will use at least the same degree of care, discretion and diligence in protecting the confidential information of the disclosing party as it uses with respect to its own confidential information, but in no case less than reasonable care. The receiving party will limit access to confidential information to its affiliates, employees and authorized representatives on a need-to-know basis and will instruct them to keep such information confidential.

Notwithstanding the foregoing, the receiving party may disclose confidential information of the disclosing party: (i) to the extent necessary to comply with any law, rule, regulation or ruling applicable to it; (ii) as appropriate and with prior notice where practicable, to respond to any summons or subpoena or in connection with any litigation, and (iii) relating to a specific employee, to the extent such employee has consented to its release. Upon the request of the disclosing party, the receiving party will return or destroy all confidential information of the disclosing party that is in its possession.

The following will be considered as confidential information – any information relating to you or us that either of us receives in connection with concluding the service or using the Alpha3D platform and (a) that is marked, or at the time of disclosure is otherwise designated, as being confidential or (b) that would be regarded as confidential or commercially sensitive by a reasonable business person; without prejudice to the above, information concerning: (a) non-public parts of the Alpha3D platform, including computer programs, methods of processing, program design and structure of the Alpha3D platform and the interaction and unique programming techniques it employs; (b) all information or data concerning the discovery, invention, research, improvement, development, manufacture, or sale of the Alpha3D platform and our services; (c) our financial data (including non-public prices, sales costs, net income, profits, pricing methods etc); (d) our business operations and processes (including the structure of the organisation, type of personnel, working methods, information systems used etc); (e) any information obtained through access to the Alpha3D platform, which, if not otherwise described above and is of such a nature that a reasonable person would believe it to be confidential or proprietary; and (f) other valuable trade secrets and know-how, which is proprietary and confidential property of us, including unique knowledge, experience, skills and competence about the Alpha3D platform and our services, which have actual or potential commercial value because it is not known to third persons.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Alpha3D platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE ALPHA AR PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE ALPHA AR PLATFORM OR DELETE YOUR ACCOUNT WITHOUT WARNING, AT OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

MODIFICATIONS AND INTERRUPTIONS

We cannot guarantee the Alpha3D platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Alpha3D platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Alpha3D platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Alpha3D platform during any downtime or discontinuance of the Alpha3D platform. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Alpha3D platform or to supply any corrections, updates, or releases in connection therewith.

There may be information on the Alpha3D platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Alpha3D platform at any time, without prior notice.

GOVERNING LAW

These conditions are governed by and interpreted following the laws of Estonia, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Alpha3D OÜ and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Harju maakond.

DISCLAIMER

The Alpha3D platform is provided on an as-is and as-available basis. You agree that your use of the Alpha3D platform and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Alpha3D platform and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the content of any websites linked to the Alpha3D platform and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Alpha3D platform, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Alpha3D platform, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Alpha3D platform by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Alpha3D platform. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Alpha3D platform, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Alpha3D platform, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the two (2) month period prior to any cause of action arising.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, Affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your 2S images; (2) use of the Alpha3D platform; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Alpha3D platform with whom you connected via the Alpha3D platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Alpha3D platform for the purpose of managing the performance of the Alpha3D platform, as well as data relating to your use of the Alpha3D platform. Although we perform regular routine backups of files (including uploaded 2D images), you are solely responsible for all data and files that you transmit or that relate to any activity you have undertaken using the Alpha3D platform. You agree that we shall have no liability to you for any loss or corruption of any such files, and you hereby waive any right of action against us arising from any such loss or corruption of such files.

MISCELLANEOUS

These Terms of Use, possible separately agreed Commercial Terms and any policies or operating rules posted by us on the Alpha3D platform or with respect to the Alpha3D platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Alpha3D platform and services.

In order to resolve a complaint regarding the Alpha3D platform and services, or to receive further information regarding the use of the Alpha3D platform and services, please contact us at:

Email: info@alpha3d.io

Last updated: 8 February 2023