Sayduck Terms of Service (“ToS”)
Updated: October 16th 2019
Sayduck Oy, a company registered at Tehtaankatu 27-29 A, 00150 Helsinki Finland (“we” and “us”), owns and operates the Sayduck Platform, which allows customers (“you”) to:
Publish 3D models of products on the Sayduck Platform,
Share and embed 3D models on websites using the Sayduck 3D Viewer / Configurator,
Showcase products in augmented reality (AR) using the Sayduck app or one of the AR formats available,
and use any additional Sayduck Platform features (“Service”) that are available at any given time according to the prices and service plans that are listed at https://sayduck.com/pricing/.
In addition, Sayduck can provide additional 3D creation services (“3D Creation Service”) where Sayduck 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://sayduck.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 offer both monthly and annual subscriptions for the Service. You can manage your subscription through the Service or by contacting firstname.lastname@example.org.
The applicable service fee will be due and payable at the beginning of each subscription period. The price of the Service depend on the selected service plan which are available at https://sayduck.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 Sayduck or if you exceed the limits related to a chosen service plan, we are entitled to charge you for these additional services (or an additional service tier) in accordance with the price list available at https://sayduck.com/pricing/.
Intellectual Property Rights
We grant you a limited, non-exclusive, non-sub-licensable and non-transferrable 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 and publish on the Service (“Customer Content”) 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.
You may also decide to make your 3D models available on the Sayduck Catalog and/or App, which make it possible for end users to browse the models in different surroundings. We shall have a right, at our sole discretion, to accept or reject any 3D models to/from the Catalog or App that we may find inappropriate or illegal.
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.
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.
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 for the applicable subscription period. 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 subscription period in which the breach occurred.
These ToS shall be governed by the laws of Finland 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 Finland Chamber of Commerce. The number of arbitrators is one and the seat of arbitration is Helsinki. The language used in the arbitration proceeding shall be English.
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. The latest version of these ToS is available at www.sayduck.com/tos
These ToS were last updated on October 16th 2019.