Terms of Service (“ToS”)

General

Faraday OÜ, a company registered at Teaduspargi tn 9, 50411 Tartu Estonia (“we” and “us”), owns and operates the Faraday 3D Platform, which allows customers (“you”) to:

  1. Order 3D models of products on the Faraday 3D Platform,
  2. Share and embed 3D models on websites using the 3D files provided by Faraday 3D Platform,
  3. Showcase products in augmented reality (AR) using 3rd party applications  or one of the AR formats available,

and use any additional Faraday 3D Platform features (“Service”) that are available at any given time according to the prices and service plans that are listed at https://faraday3d.com/pricing/

In addition, Faraday 3D can provide additional 3D creation services (“3D Creation Service”) where Faraday 3D creates a 3D model of your product(s) to a separately agreed price.

By using the Service or the 3D Creaton Service,  you accept the terms and conditions set out in these ToS.

Use of Service

We provide you a non-exclusive right to use the Service for commercial purposes. The Service is described in the service descriptions available at https://faraday3d.com website from time to time.

We will make our best effort to keep the Service available on 24/7/365 basis. However, we make no warranties and hereby disclaim any liability in respect of the availability or functioning of the Service. We may suspend access to the Service at any time for reasons relating to data protection, service maintenance or development, service misuse or similar valid reasons.

Please keep your user credentials in good safe. You are responsible for any use of the Service through your user credentials.

Subscription period, service fees and payments

We don’t offer monthly or annual subscriptions for the Service yet. But this may change at any given time. 

The price of the Service depend on the selected service plan which are available at https://faraday3d.com/pricing  All prices shown exclude VAT, which will be added to the invoiced amounts if relevant.

If you wish to purchase additional services from Faraday 3D, we are entitled to charge you for these additional services (or an additional service tier) in accordance with the price list available at https://faraday3d.com/pricing

Intellectual Property Rights

We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Service as it is provided to you, as set forth in these ToS.

You will own the 3D content and files that you upload to the Service. You will also own the intellectual property rights to the 3D model created using our 3D Creation Service. By using the Service, you grant us a worldwide, non-exclusive, royalty-free right and license to use the Customer Content and the 3D models for the purpose of providing the Service and any marketing actions required by Faraday 3D.

You are responsible for any Customer Content submitted to the Service and that it complies with any applicable laws and does not violate any third party intellectual property rights. You also warrant that you are entitled to provide the Customer Content to us and we have the right to use it for the purpose of the service and any marketing actions required by Faraday 3D.

Personal data

We processes personal data of our customers in accordance with the Privacy Policy available at https://faraday3d.com/privacy

We do not read, use or store any data from websites embedding the 3D Viewer without explicit authorization of the website owner. You and the website owner are liable for your websites and their collection and processing of personal data.

Confidentiality

We will keep all your confidential information confidential. Confidential information means any non-public information that is provided to us in connection with your use of the Service or the 3D Creation Service, including your CAD-files.

We will use confidential information only for the purposes of providing the Service and confidential information shall not be disclosed to third parties unless and to the extent necessary for the purposes of delivering the Service. In all cases we shall ensure that such third parties are subject to appropriate confidentiality obligations in respect of your confidential information.

Term and termination

You have the right to use the Service. However, we may terminate your user account and the right to use the Service with or without a notice, if we believe that your use of the Service violates these ToS.

When the provision of Service ends, we will delete all User Content from our servers.

Limitation of liability

The Service is provided on “as is” and “as available” basis and we disclaim any liability for its functioning or uninterrupted availability. We are not liable for any indirect or consequential damages. Our total maximum aggregate liability under these ToS is limited to an amount corresponding to the service fees paid by you for the Service during a period in which the breach occurred.

Governing law

These ToS shall be governed by the laws of Estonia without regard to its principles on conflict of laws. All disputes regarding these ToS or the Services shall, at first place, be solved in good faith negotiations between you and us. If a resolution is not reached through these negotiations, the dispute shall be finally settled in arbitration in accordance with the arbitration rules of the Estonian Chamber of Commerce. The number of arbitrators is one and the seat of arbitration is Tallinn. The language used in the arbitration proceeding shall be Estonian.

Miscellaneous

If any provision of these ToS is found invalid or unenforceable by a competent court, the remaining part of the ToS will remain in full force and effect.

We may update and amend these ToS from time to time. We will inform you of any material changes but encourage you to review these ToS regularly.