top of page

Terms of Use

​​

1. Introduction. These are the terms under which you may make use of certain 3D content and files (the "3D Content" as further defined below) provided by Rapid 3D Ltd. ("we", "us"). By downloading 3D Content, agreeing to acquire 3D Content from us, or completing a purchase from our checkout page, you accept these terms of use (the "Terms") and you agree to abide by them. Please read these Terms carefully. If you do not agree to these Terms, you are not authorized to use the 3D Content.
 

2. Defined Term.
 

  • "3D Content" means the 3D scan or model content, in one or more digital files, together with any documentation or other materials made available for download through our site.
     

3. Purpose.
 

  • The 3D Content is made available for the following purposes:

    1. as a tool to assist in visualizing three dimensional structures, to assist in verifying measurements, and as a platform for aftermarket designs;

    2. for personal, non-commercial use;

    3. for research, private study, education, criticism, review, or news reporting;

          unless you have the appropriate exemptions or rights clearance through other means.
 

  • As a user you are responsible for all uses of the 3D Content, and for ensuring that the use of the 3D Content is consistent with the permitted purposes, and compliant with these Terms and all applicable laws and regulations.


4.  Scope of License & Use Restrictions.
 

  • Subject to compliance with these Terms, we grant you a revocable, non-exclusive, non-transferable right to use the 3D Content for the permitted purposes.

  • The license is personal to you as the end user. You are NOT permitted to re-sell, assign, transfer, or distribute the 3D Content or make it available to any third party, including over a network where it could be used by multiple end users at the same time.

  • You are NOT permitted to reverse-engineer, replicate, copy, make, import, sell, rent or offer for sale or rent a product or model or mold of the 3D Content itself.

  • In using the 3D Content, you are prohibited from infringing our intellectual property rights, or the intellectual property rights of third parties. You may NOT use 3D Content for any defamatory, harassing, obscene, or racist purpose. You may NOT misrepresent yourself as the owner or creator of the 3D Content.

  • For 3D Content that is labelled with a territorial restriction, that 3D Content is only licensed for permitted use in that territory (for example, 3D Content that is restricted to use in Canada).
     

5 . Intellectual Property Rights.
 

  • We own the Rapid3D intellectual property. 3D Content is licensed, not sold. Nothing in these Terms operates to transfer or assign ownership of intellectual property rights, or confers on you any right, title or interest in or to any of our intellectual property rights or to any third party intellectual property rights.

  • The Rapid3D names, logos and designs, as well as any other Rapid3D service or product names, logos or designs displayed on the Rapid3D website, are trademarks or other intellectual property of Rapid3D. Trademarks and other intellectual property of Rapid3D may be used only with our written permission.

  • We refer to, describe and/or display many products of third parties throughout our website. The names, logos and designs of such third party products and companies shown on the website and used in the materials are the property of their respective owners and may also be trademarks or other intellectual property of such owners.

 

6.  No Warranty. Use of the 3D Content is solely at your risk. In your use of the 3D Content, you accept the responsibility to validate all results prior to use. The 3D Content is provided on an "as is" and "as available" basis, without express or implied warranties, guarantees or conditions of any kind. While we take reasonable steps in our processes to validate the data, we do not represent or warrant or guarantee:
 

  • the accuracy, merchantability, non-infringement, or fitness of the 3D Content for any particular purpose;

  • the accuracy or completeness of any data or information in the 3D Content (including accuracy of measurements) contained in or made available through the 3D Content, or that use of the 3D Content will be error-free; or

  • that the 3D Content will be free of viruses, or other harmful components or codes.
     

7.  Personal Information. If you provide your personal information to us during your purchase of Content, you consent to any such collection, use and disclosure of your personal information for the purpose of providing the 3D Content to you.


8.  Technical Matters. You, as a user, must use the appropriate software and hardware system capabilities to use the 3D Content, and we disclaim all liability for all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your own software, hardware or internet connections.
 

9.  Payment Terms. You agree to pay the fees payable for your use of the 3D Content, as invoiced by us. If the full payment is not received by us or our payment provider, we may, in our sole discretion, suspend access to the 3D Content for non-payment.
 

10. Limitation of Liability.
 

  • To the maximum extent permitted by law, we will not be liable to you for any direct or indirect liability, loss, damage, cost or expense (including loss of profits, loss of revenue, business interruption, loss of savings, loss of information or data, or any indirect, special, incidental or consequential loss of any kind) arising out of or in connection with your access and use of (or inability to access and use) the 3D Content, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, even if we have been advised of the possibility of such damages.

  • To the extent that the preceding limitations of liability are held to be invalid in whole or in part in relation to any liability, loss, damages, costs and expenses, then unless the following paragraph applies, our total liability to you for any such liability, loss, damages, costs and expense (other than to the extent they cannot be limited at law) will not exceed CAD $50.00.
     

11. Indemnity. You agree to defend, indemnify and hold us (and our subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, licensee, suppliers, other partners, employees and representatives) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of your use of 3D Content, or any breach of these Terms by you.
 

12. General Terms.
 

  • Governing Law & Disputes. This Agreement is governed by the laws of the Province of Alberta, without regard to its conflict of laws rules. You agree that by entering into these Terms, you have attorned to the exclusive jurisdiction of the courts in the Province of Alberta for the resolution of any disputes related to these Terms.

  • Assignment. You will not assign, transfer, encumber or otherwise dispose of any or all of the rights granted to you under these terms, without our prior written consent. We may assign this agreement to a third-party upon written notice to you.

  • Entire Agreement. These Terms, the applicable invoice, and any applicable policies that we may designate, set out the entire understanding between the parties related to your access to and use of the 3D Content.

  • Changes. We reserve the right to modify these terms and to impose new or additional terms or conditions. The then-current terms (including any modifications and additional terms and conditions if applicable) will be presented to you and will be effective immediately upon your acceptance of the terms and acquisition of any Content in the future.

  • Electronic Acceptance. These Terms may be agreed to by electronic acceptance.
     

End of Terms
 

[Version 12/24]

bottom of page