TERMS OF USE

Generate Terms of Use

Last updated: 14th October 2016

Welcome! Please take a moment to scroll down and read these Terms of Use.

Frustum, Inc. ("Frustum," "we," "us," or "our") invites you to use our web application (the "App") which you can access through our website located at https://generate-de.frustum.com/. Please read these Terms of Use carefully. These Terms of Use state the terms and conditions under which you may use the App. By clicking "I ACCEPT," you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and you represent and warrant that you are at least 18 years old or older. If you do not agree to any of these terms, then please do not use the App.

Description and use of the App

  1. 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").

  2. License to use the App. Subject to the terms and conditions of these Terms of Use, you are granted a non-exclusive, non-transferable license to access and use the App. You will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the App; or (ii) introduce into the App any virus, worm, "black door," Trojan Horse, or similar harmful code. If you violate this section, we reserve the right in our sole discretion to immediately deny you access to the App, or any portion of thereof, without notice.

  3. Types of Subscriptions.

    1. 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.

    2. 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.

  4. 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

Credits and On-Demand Credits may never be redeemed or exchanged for real money, goods, services, or any other item of monetary value. Unless expressly authorized in these Terms of Use, any transfer or exchange of Credits and On-Demand Credits is strictly prohibited, and any attempt to do so, even outside the scope of the App, is a material breach of these Terms of Use and may result in immediate termination of these Terms of Use.

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.

Registration

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.

Use of Personal Data

Your use of the App may involve the transmission to us of certain personally-identifiable information. Our policies with respect to the collection and use of such personally-identifiable information are governed according to our Privacy Policy (located athttps://generate-de.frustum.com/#/start/terms_of_use#privacy_policy, which is hereby incorporated by reference in its entirety.

Frustum Intellectual Property

We own and will continue to own all right, title, and interest in and to (i) the App, including, without limitation, all source code, object code, operating instructions, and interfaces developed for or relating to the App; (ii) all modifications, enhancements, revisions, changes, copies, partial copies, translations, compilations, improvements, and derivative works of the foregoing, and all intellectual property rights therein; and (iii) any other content and materials available through the App and all intellectual property rights therein (collectively, the "Frustum Content"). Except as expressly permitted in these Terms of Use, you have no rights in or to any Frustum Content.

Use of Your Name, Organization Name and Marks

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.

Community Guidelines.

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.

Unsolicited Information

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.

Frustum Disclaimers and Limitation of Liability

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.

IN NO EVENT SHALL ANY OF THE FRUSTUM PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF A FRUSTUM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE FRUSTUM PARTIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED, , THE GREATER OF (1) THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO FRUSTUM IN THE ONE (1) MONTH IMMEDIATELY PRECEDING SUCH CLAIM; AND (2) ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE FRUSTUM PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

External Sites

The App may contain links to third-party websites ("External Sites"), but we do not endorse and are not responsible for the maintenance or content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

Indemnification

You agree to defend, indemnify, and hold the Frustum Parties harmless from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys’ fees) arising or resulting from: (i) your breach of these Terms of Use; (ii) your access to, use, or misuse of the App; (iii) any CAD Files uploaded through your account; or (iv) your violation of any third-party right, including without limitation any intellectual property, or privacy right.

Compliance with Applicable Laws

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.

Termination

We may terminate these Terms of Use and your access to all or any part of the App at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the App at any time without prior notice or liability.

Changes to these Terms of Use

We may change the terms and conditions of these Terms of Use from time to time, and will notify you of any changes during your next log-in to your account. You will be required to affirmatively accept these changes prior to logging-in to your account.

Miscellaneous

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the section entitled Frustum Intellectual Property, Indemnification, Frustum Disclaimers and Limitation of Liability shall survive the termination of these Terms of Use. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by Frustum to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York. These Terms of Use contain the entire agreement of the parties concerning its subject matter, and supersede all existing agreements and all other oral, written or other communication between the parties concerning the subject matter.

You consent and agree that your clicking of the "I Accept" button constitutes your electronic signature, acceptance, and agreement under the United States federal E-SIGN legislation and that such electronic signature will meet the requirements of an original signature as if actually signed by you in writing. Further, you agree that no certification authority or other third-party verification is necessary to the enforceability of your signature. At our request, any electronically signed document must be re-executed in original form by you. No party hereto may raise the use of an electronic signature as a defense to the enforcement of these Terms of Use or any amendment or other document executed in compliance with these Terms of Use.