Last updated: 14th October 2016
The App. The App enables you to convert a computer-aided design file ("CAD File," or "Project") into a three dimensional printable file ("3D File"). In order to convert a CAD File, you need to drag and drop the CAD File into the web browser, select certain parameters including, but not limited to, mesh radius and resolution, and upload the CAD File for processing. Once your CAD File is processed, you will receive an email notification from Frustum. Based on your Subscription, you will be required to follow the instructions given in the email to access your 3D File. The App is offered to you on a subscription basis ("Subscription").
Types of Subscriptions.
Free Subscription. If you register for a free subscription ("Free Subscription"), we will provide the App to you free of charge during the time period made known to you during registration ("Free Subscription Period"). The number of Projects you can convert and/or download through the App during the Free Subscription Period will be made known to you when you sign up for the Free Subscription. You may cancel your Free Subscription at any time during the Free Subscription Period by providing written notice to us.
Paid Subscription. Upon the expiration of the Free Subscription Period, you will have the option to upgrade your subscription to a paid subscription, subject to payment of the applicable Fees described below ("Paid Subscription"). The number of Projects you can convert and/or download through the App during the period of the Paid Subscription ("Paid Subscription Period") will be made known to you when you upgrade to the Paid Subscription.
Fees. You agree to pay the applicable fees for the Paid Subscription and On-Demand Credits (if purchased) that are made known to you during registration ("Fees"). We may use a third party service provider ("Third Party Service Provider") to process your payment in connection with your use of the App. You warrant and represent that you are the valid owner or an authorized user, of the credit card you provide to such Third Party Service Provider, and that all credit information is accurate. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.
It is important to note that when you sign up to use the App, your Subscription will automatically renew until you cancel it. You may cancel at any time by notifying us in writing no later than ten (10) business days before the next upcoming renewal, and the cancellation will take effect the following month. At the end of each month, we will send you a reminder e-mail about the Subscription’s automatic renewal. Again, if you do not cancel, then your Subscription will automatically renew under the same Subscription.
Ownership of Projects and 3D Files. As between us and you, you retain all copyrights and other intellectual property rights in and to the Projects that you upload through your account and the 3D Files you create using the App. You warrant and represent that (i) the Projects provided through your account are legal and do not infringe on any intellectual property rights of any third party; and (ii) you either own, or have a sufficient license to, all Projects provided through your account. You hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use your Projects and 3D Files as reasonably necessary for us to provide you with the App.
Access to Projects and 3D Files. During the Free Subscription Period, we may access and view your Projects and 3D Files without your prior consent. During the Paid Subscription Period, we will access and view your Projects and 3D Files only with your prior consent to provide you with training, troubleshooting and other related services that you request.
Data Security. We shall employ commercially reasonable physical, administrative, and technical safeguards to secure your CAD Files and 3D Files on the App from unauthorized use or disclosure. Some of the CAD Files and 3D Files may be subject to governmental regulation or otherwise may require security measures beyond those set forth herein. Unless we have first agreed in writing to provide such additional required security measures, we shall have no obligation to do so or any liability in connection therewith.
Credits. Based on your Subscription plan, at the beginning of each month during your Subscription period, your account will be replenished with the numbers of credits that are made available to you with your Subscription plan ("Credits"). Each time you run an optimization scenario or mesh the result (collectively, the "Tasks"), applicable Credits will be deducted from your account. Credits that remain unused in a particular month do not roll over to the next month. If you do not have sufficient amount of Credits to run a Task, you may purchase on-demand credits by paying the applicable Fees ("On-Demand Credits"). On-Demand Credits will only be deducted from your account each time you run a Task in the event you do not have sufficient Credits to run the Task. On-Demand Credits never expire and any unused On-Demand Credits in a particular month will roll over to the next month.
We have the right to modify, and/or eliminate Credits and/or On-Demand Credits in our sole and absolute discretion at any time and without notice to you. We shall have no liability in connection with the exercise of this right.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL PURCHASES OF ON-DEMAND CREDITS ARE FINAL, AND THAT NO REFUNDS OR EXCHANGES SHALL BE PERMITTED, EXCEPT IN OUR SOLE AND ABSOLUTE DISCRETION.
In order to use the App, you will have to register as a user ("Registered User") by creating an account. During the registration process, you will be asked to provide email address and any other information required to complete your registration. You will also have to create a password for your account. You represent and warrant that all registration information that you submit is truthful and accurate, and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your account, as well as for any use and misuse of the App made using your account. You will promptly inform us of any need to deactivate your user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason.
We reserve the right to use your name, likeness, your company, organization or legal entity’s name, and your company, organization or legal entity’s trademarks, tradenames, service marks, and logos for marketing, advertising, and promotional purposes.
By accessing and/or using the App, you hereby agree that:
You will not use the App for any unlawful purpose;
All information provided through your account must be truthful and accurate, and you have a duty to update any information previously provided in order to keep it truthful and accurate;
You will not upload, post, e-mail, transmit, or otherwise make available any content that:
infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
You will not "stalk" or otherwise harass another user of the App;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
You will not interfere with or attempt to interrupt the proper operation of the App through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the App through hacking, password or data mining, or any other means.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information") to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
THE APP AND ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE APP, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF FRUSTUM , ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "FRUSTUM PARTIES") WARRANT THAT ANY OF THE FOREGOING WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE FRUSTUM PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP IS TO STOP USING THE APP.
We make no claims concerning whether the App or any content, functions or materials made available to you through the App may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the App or any Frustum Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.