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TELEDOMICA SERVICES

Terms of Use

Last Updated: February 07,2024

INTRODUCTION

Welcome to the Terms of Use document for the Teledomica XR Viewer! This document outlines the terms and conditions that govern your use of “Teledomica Services” (including but not limited to website, VR Application, Mobile Application etc.)

The Teledomica XR Viewer enables users to explore and visualize digital 3D models in a way that is both interactive and immersive. It is important that you carefully read and understand these Terms, as they form a binding agreement between you and Teledomica Ltd. Your use of the Teledomica Services constitutes your acceptance of these Terms. If you are agreeing to these Terms of Use on behalf of an entity or organization, you are representing and warranting that you have the authority to agree to these terms and conditions on behalf of the entity or organization and to bind them to these terms. In this case, any references to "you" and "your" in these Terms of Use will refer to the entity or organization you are representing. If you do not agree with any of the terms outlined in this document, please do not use Teledomica Services.

1.LICENSES

License Of Use

For your use of the Services and any materials provided by us, Teledomica grants you a free, non-exclusive, non-assignable, and limited license. This license is solely for your personal use in accordance with the Terms. 

The Service is licensed to you, not sold, and you are only allowed to use it for your own work, creativity, socializing, collaboration, and production. You are not allowed to sublicense it to others or to give your login credentials to anyone else.

If you use Teledomica Services to provide any service to third-party customers, such as uploading, displaying, or using 3D models, you must ensure that there is a clear reference to Teledomica. This reference should be in a way that customers can easily see and understand that you are using Teledomica Services for your use of the 3D model.

Teledomica takes all necessary measures to protect the assets and creative work, including but not limited to audio, video, images, designs, and other forms of content created or utilized in the app, against unauthorized use or infringement by third parties and users.

User Generated Content

Any content, such as 3D models (digitally created or scanned), audio files, pictures, videos, and written information, that users upload to Teledomica via our website is referred to as User Generated Content (“UGC”).

License Granted to Teledomica

When you upload UGC, you agree and undertake to grant Teledomica the permission to use and to display publicly the UGC that you upload, for any purpose related for providing the Services of Teledomica XR Viewer. Teledomica XR Viewer is a platform that allows users to explore and visualize digital 3D models in an immersive XR environment. This license you grant to Teledomica is worldwide, is non-exclusive, does not require payment, is perpetual, cannot be revoked, ant can be sublicensed to multiple parties.

You ensure, represent, and warrant that you have all necessary rights to grant this license, and that the UGC you upload does not violate or infringe any third-party rights, including trademarks, copyrights, contractual rights, or any other intellectual property or proprietary rights. You agree to be held responsible for any claim against Teledomica in relation to the UGC you upload, and to hold Teledomica harmless from any and all claims, damages, losses, liabilities and expenses (including legal expenses) arising from or in relation to any violation of such third third-party rights.

The responsibility for ensuring the rights to the UGC being uploaded to Teledomica XR Viewer lies with the user and not with Teledomica. Teledomica does not verify or confirm the ownership of the rights for the UGC uploaded by the user.

Appropriate level of organizational, technical, physical and administrative security measures will be taken to safeguard the UGC against loss, unauthorized access or unauthorised use by third parties and modification. Please note that no security measure can guarantee 100% protection; therefore, we strongly advise you not to include any material that you consider highly confidential, commercially sensitive, or valuable in the UGC. 

You ensure, represent, and warrant that the UGC you upload is not harmful, illegal, inappropriate pornographic or obscene and that it doesn’t contain any kind of violence or hate speech. 

Teledomica has the right to suspend or terminate your account at any time if you violate these rules.

The UGC you upload will be used to be displayed in Teledomica Application and might be subject to promotional and marketing purposes of Teledomica Services.

Copyright Infringements and Content Removal

Teledomica is not responsible for the User Generated Content uploaded to the system. Users are ultimately responsible for the UGC they upload. You can contact Teledomica for any issues arising from copyright claims.

In the event that content uploaded by a user is found to infringe upon the copyrights of others and causes any legal issues, we reserve the right to remove the content from public showcases. Upon receiving a complaint from the rightful owner, we will first issue a warning to the user, providing them with notice of the copyright infringement issue. The user will be asked to remove the content within 24 hours of receiving the complaint from the right owner. Failure to comply may result in further action, including content removal and potential membership suspension.

Data Retention and Showcases

Upon cancellation, user information and files will be retained for a period of 1 year. If a user returns within this timeframe, they will regain access from the point where they left off. If the membership type is lowered upon return, any showcases exceeding the new membership limit will be removed based on the order of upload, with priority given to the earliest showcases.

Web AR Services and Viewing Limits

We also offer Web AR services, which are counted by the number of views. All plans include a certain default number of views. Once this limit is reached, AR viewing will automatically switch to off mode. To upgrade the viewing limit, users should send a message to upgrade@teledomica.com and request a pricing quote based on their website traffic.

Subscription Cancellation

Customers have the flexibility to cancel their subscription at any time. Upon cancellation, they will retain access to the services until the end of their billing period. Our services operate on a monthly subscription basis.

Refund Policy

Customers can initiate the cancellation of their subscription at any time. However, please note that we do not provide refunds for the remaining days of the current subscription period. For example, if a customer subscribes for a month and requests a refund on the 15th day, the refund will not be issued, and access will continue until the end of the month.

No Refunds, Free Trial

Our application is available for a free trial to allow users to explore and evaluate its features. We do not offer refunds for paid subscriptions since users have the opportunity to assess the service during the trial before making a purchase decision. We encourage users to take advantage of the free trial to assess the suitability of our services for their needs. After the trial, individuals or businesses can make an informed decision on whether to proceed with a paid subscription.

Upgrading and Downgrading Memberships

Customers have the option to upgrade or downgrade their membership at any time. When upgrading, the old subscription days will be retained, and any price difference will be calculated for the upgraded plan. When downgrading, the old subscription days will still be valid, and any price difference will be adjusted accordingly.

Content Integrity and Membership Suspension

While having a paid membership, if a member opens a public showcase that is found to be inappropriate or inconsistent with the app's guidelines, we reserve the right to refund the monthly membership fee and suspend access until proper content is uploaded.

Representations

YOU AFFIRM AND WARRANT THAT YOU POSSESS THE LEGAL AUTHORITY TO UTILIZE THE STRIPE ACCOUNT, AS WELL AS ANY BANK ACCOUNTS OR CREDIT CARD(S) LINKED TO THE STRIPE ACCOUNT, UTILIZED FOR PAYING FOR THE SERVICES. You commit to settling all charges accrued by you or any users of your account at the prevailing prices when these charges are incurred. Additionally, you are responsible for covering any applicable taxes associated with your purchases. We may require verification of information pertinent to a purchase before accepting any order.

3.SAFETY

It is your responsibility to ensure that you are using the Services in a safe manner and environment. Please be aware of your surroundings, such as the location of any furniture or objects near you and take precautions to avoid potential hazards or accidents when using the Services, including being aware of your proximity to walls, doors, staircases, balconies and windows.

4.COMMUNICATION

You may receive communication notifications that appear within the Services (for example in-app messages). You may also receive communication via e-mail. If you do not wish to receive certain types of communications, you can opt-out by following the instructions provided on the website or by contacting Teledomica.

5.WARRANTY

Teledomica makes no warranties regarding the Services, software, and materials and explicitly disclaims all warranties, including implied, express, and statutory warranties of fitness, merchantability, and non-infringement. No security or privacy warranty is provided unless indicated. No warranty is provided for third-party materials unless a third-party warranty can be passed through to you.

6.RESTRICTION OF USE

Protection of Assets and Copyright

Teledomica values the protection of its assets, including but not limited to its software, technology, designs, and content. Teledomica owns all intellectual property rights in the Service, Software, and Materials. You agree not to reproduce, distribute, create derivative works of, publicly display, or otherwise use or exploit any of Teledomica's assets without its express written consent.

You further agree that you will not violate or infringe the intellectual property rights or any other rights of Teledomica or any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, or moral rights. Any unauthorized use may result in the termination of your account and legal action may be taken. Teledomica reserves the right to cancel or suspend your account at any time if you violate these terms.

7.LIMITATION OF LIABILITY

Teledomica shall not be held liable for any loss of business, loss of use, lost revenues, profits or data, or harm to any computer or system, even if Teledomica has been advised of the possibility of such loss. Teledomica takes commercially available measures to prevent the inclusion of viruses, worms, Trojan horses, or other malware in the service or software, but makes no warranty that it is completely free from same. Teledomica and its licensors shall not be held responsible for any indirect, incidental, special or exemplary damages arising out of or connected in any way with the agreement or the transactions contemplated hereunder. The maximum liability of Teledomica from any cause or matter arising under or in connection with the service or this agreement or its breach shall not exceed the sum of US $100 (One hundred U.S. dollars), regardless of the form of action and however arising.

8.AMENDMENTS

We may update the Terms as we continue to improve our Services. We reserve the right to make changes to the Terms at any time and will notify you of any updates. 

If you continue to use the Services, it means that you accept any new terms or any change to the existing terms. If you do not agree with the new Terms, you will no longer be able to use the Services.

9.MISCELLANEOUS

Applicable Law

This Agreement shall be governed exclusively by the laws of the United Kingdom, excluding the application of the principles of conflicts of laws.

Arbitration Agreement

Any dispute arising in relation to this Agreement shall be resolved by binding Arbitration.

Entire Agreement

These Terms constitute the entire agreement of the parties relating to the use of all Teledomica Services, Materials, Applications, and relevant copyrights. These Terms supersede all prior agreements between the parties.

Assignment

2.SUBSCRIPTIONS AND PURCHASES

If you have any questions or comments related to these Terms or our Services, please contact us: support@teledomica.com

Teledomica XR Viewer© is brand of Teledomica Ltd / London, 2024

Pricing

The pricing details for our various Paid Services options can be found at https://teledomica.com/plans. Payment is required at the commencement of each subscription period and can be securely processed through Stripe (www.stripe.com). If there is a modification to the pricing of your Paid Services plan, we will notify you before the updated prices come into effect. Should you prefer not to continue with your current Paid Services plan under the revised prices, you have the option to cancel your Paid Services plan.

Billing History

Users can access their billing history through their Stripe account on our website. This provides a transparent record of all transactions related to their subscription.

Content Integrity and Membership Suspension

While having a paid membership, if a member chooses to open a public showcase, we reserve the right to evaluate the content for appropriateness and adherence to the integrity standards of our application. If the content is found to be inappropriate or inconsistent with the app's guidelines, we reserve the right to refund the monthly membership fee and suspend the member's access until proper content is uploaded. This is done to maintain the quality and integrity of our platform.

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