effective as of 19th of October 2020
saVRee´s Terms and Conditions Agreement explains the terms and conditions under which you are able to use the saVRee Platform and other services provided by saVRee UG. Please read carefully this Terms and Conditions document, and keep a copy of it for your reference.
BY USING SAVREE PLATFORM YOU EXPRESS YOUR AGREEMENT TO BE LEGALLY BOUND BY OUR TERMS AND CONDITIONS STATED IN THIS DOCUMENT, SO PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR PLATFORM AS YOU ARE ENTERING INTO A BINDING CONTRACT WITH SAVREE UG, WITH A BUSINESS ADDRESS AT SCHLUDERSTRASSE 2, MUNICH, 80634, GERMANY. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE OR ACCESS OUR SERVICES.
These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and saVRee UG. Provisions of any individual Agreement between you and the saVRee UG supersede provisions from these Terms.
1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms and Conditions:
‘Terms/Agreement’ refers to the latest version of this Terms and Conditions document.
‘Platform’ refers to the software made available by saVRee, Site, and Services collectively.
‘User/You’ refers to any person or legal entity registering for or using our Services.
‘We/Us/saVRee’ refers to saVRee UG, the Platform, and their developers and affiliates.
‘Party/Parties’ refers to either User or saVRee when used in singular form and to both User and saVRee when used in plural form.
‘Third-Party’ refers to any application, website, natural or legal entity other than SaVRee, the Platform or their affiliates.
‘Content’ refers to all images, text, audio and video data or any other information located on the Platform or obtained through the Platform.
‘Services’ refers to the web-based 3D interactive software, 3d model library, courses and other services provided by SaVRee.
‘Subscription Period’ refers to the period of time for which your subscription with us is active.
‘Subscription Fee’ refers to the cost of the Subscription for the selected Subscription Period.
‘Effective Date’ refers to the date on which User clicks the confirmation link for registering an account located in the email sent by saVRee.
‘Confidential Information’ refers to any and all information disclosed between the Parties in relation to the Services. Confidential Information does not cover information that was known either party prior to disclosure or information that was made available to the public.
2.1 By using our Services, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, current, and complete information where requested, and information which is otherwise compatible with these Terms, (iii) that you will not use Services contrary to these Terms or applicable laws. If you are accessing our Services on behalf of a legal entity, you further confirm that (i) you have the appropriate authorization to accept the terms of this Agreement, (ii) you have the appropriate authorization to bind such legal entity by accepting this Agreement, (iii) legal entity on behalf of whom you accept this Agreement has full power to enter into this agreement and to perform obligations as defined herein.
2.2 We may not control who uses the Platform, so it is upon you to assess whether using the Platform is in compliance with any local laws and regulations. Whenever you are using our Platform you will need to comply with the terms of this Agreement and any applicable laws, regulations and policies. If any part of the Platform is not in compliance with your local laws, you may not use the Site and the Services. Any such Service will be considered as ‘not available in your region’.
2.3 SaVRee operates a Platform on which registered Users are provided with digital 3D models for the duration of the Subscription period. Furthermore, Users can order individual 3D models and purchase them permanently. The individually owed Services result from the respectively booked package or from individual agreement. We may impose restrictions on the number of 3D models you can access and download with your chosen subscription package.
2.4 The Services are provided in a specific format, which will be announced on the Site. User must ensure that they can use the format with the technical means at their disposal. Different formats are not provided unless specified. The provision of physical goods (such as printouts) is also not provided.
2.5 saVRee cannot guarantee or warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
2.6 When registering on our Platform or otherwise submitting an offer or request for Services, Users are required to provide true, accurate, current and complete information about themselves as prompted by registration forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to the Site, parts of it or our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.
2.7 When submitting a registration or an order via the online order form of saVRee, the contract text will be stored by saVRee and sent in writing (eg e-mail, fax or letter) to the User after submitting their order in addition to the present terms and conditions. In addition, the text of the Agreement is archived on Site and can be called up by User via their password-protected customer account, stating the corresponding login data, free of charge.
2.8 If you want to set up a Business account on the Platform, which allows broader service package and additional licenses, please contact us through our email firstname.lastname@example.org.
You understand that it is your responsibility to keep your log in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately.
2.9 Users are able to choose the duration of their Subscription Period. Subscription Period starts on the Effective Date, and ends on the same day in the month in which the selected duration of Subscription Period expires. In case the month in which the Subscription Period expires does not have the date which matches Effective Date, Subscription Period will end on the last day in that month.
2.10 Subscription Period will automatically renew at the end of the current Subscription Period. Renewed Subscription Period will be by default for the same duration as the current Subscription Period. Subscription Fee for the Renewed Subscription Period will be calculated in accordance the prices that were in effect thirty (30) days prior to the expiry of the current Subscription Period. If you wish to stop using our Services, you may discontinue automatic renewal option in your User account at least 15 days before the expiry of the current Subscription Period. You may not cancel the Subscription Period you already paid for. We do not offer any refund in case you want to cancel your use of the Services. If you want to discontinue using our Services you may do so only by turning off auto renewal, in which case you will be able to use the Services until the end of the current Subscription Period.
(i) send or otherwise post unauthorized commercial communications (such as spam) through the Site;
(ii) collect Site users' content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(iii) upload viruses or other malicious code;
(iv) post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or is otherwise objectionable to third parties;
(v) take any action creating a disproportionately large usage load on our Site unless expressly permitted by us;
(vi) create more than one account or share your account with anyone;
(vii) communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;
(viii) encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the website
2.12 If you provide us with your e-mail address, we may contact you using such contact information, for any matters relating to the Services (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements” and you are not able to opt-out of receiving them. You may opt-in to receive e-mails about news, promotions, special offers and or other topics of interest related to the saVRee and our affiliates (Promotional e-mails). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in Promotional e-mails.
2.13 If you have any question or suggestion you can contact us at email@example.com.
3.1 All intellectual property rights connected to the Site, Services, Content, software or technology used with the Services are the sole property of saVRee, or are used under appropriate licenses or permissions. Nothing in this Agreement shall be understood or intended for transfer of such intellectual property rights to you or any other third party.
3.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Platform provided by saVRee, within the scope of your subscription package. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Services; distribute, transfer, sublicense, lease, lend or rent the Services to any third party; reverse engineer, decompile or disassemble the Services; or make the functionality of the Services available to multiple users through any means.
3.3 During your active Subscription period, depending on your subscription package, saVRee grants you a limited, non-exclusive, transferable, sub licensable license to use, copy, or create derivative works based on 3D models and accompanying content such as graphs, snippets, schematics and illustrations. This license does not include access to the 3D model source files. While you have an active subscription for the appropriate Service package with us you may use 3D models and accompanying Content, in the works you produce, without attribution or copyright notice, provided that you do not make any statement or allegation or otherwise present these 3D models or any derivative work based on such 3D models as being created solely by you. Unless you were subscribed to the Business Plus service package, upon termination of your subscription, the license provided to you shall be revoked without affecting your use of 3D models during your active subscription. This means that when your subscription with saVRee is no longer active you may not publish any work which includes 3D models from saVRee library, but any work published while your subscription was active can remain public. However, after your subscription terminates, you will take maximum effort to, wherever possible, include an attribution notice with any published saVRee 3D model, or derivative work based on such 3D model, or other saVRee Content, by including the saVRee logo in such works, providing a notice which states “Images courtesy of saVRee”, or by other suitable means. If you were subscribed to the Business Plus service package when creating resources from the available 3D models, you may continue using the created resources indefinitely, even after the subscription termination, without any obligation to include attribution notice for any previous or future publications.
3.4 If User request customized 3D model or other customized work not included in the saVRee library or if User requires additional rights to the models already published, such order will be governed by an individual agreement between you and saVRee, which will amongst other things include the description of deliverables, transfer and assignment of copyright, and the costs for services.
3.5 During the term of this Agreement, Users may be required to provide or volunteer to provide certain Confidential Information to saVRee and saVRee may disclose certain Confidential Information to the users. Regarding such information both parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any third party without obtaining prior written consent, (iv) to use Confidential Information only for the purposes intended, (v) to return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon termination of the Agreement, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored.
3.6 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your name, address, telephone number and e-mail address;
5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
3.7 Our copyright agent can be reached as follows:
4.1 All prices for listed Services are available on the Site and are calculated when you choose to subscribe to the Site. All prices are shown exclusive of VAT and other applicable taxes. You understand and agree that it is your responsibility to pay applicable taxes for your use of the Services.
4.2 When subscribing on the Site, you can choose the method of payment. If you are paying by credit card, you must provide valid and current information necessary to process the payment. You agree and authorize us to charge your credit card for all fees payable during your Subscription Term. If you are paying against the invoice, you understand and agree that the amounts in the invoices are due 30 days from the invoice date, unless otherwise specified in the invoice.
4.3 The Subscription Fee is calculated the moment a registration form is submitted to the Site. Subscription Fee for the current Subscription Period will not be affected by the Service price changes as described in article 4.5 of this Agreement. Subscription Fee is due immediately but may be paid in monthly, quarterly, or annual installments if specified.
4.4 If any invoiced amount is not paid by the due date, we reserve the right to charge an interest on the due amount at the rate of 1.0% per month or maximum allowed interest rate under the law, whichever is less.
4.5 We reserve the right to change prices at any time and without notification. Such changes will not affect user’s current Subscription Period. Prices that were effective thirty (30) days prior to the Subscription renewal will be applied for the payment of the renewed Subscription Period.
5.1 Services may be made available or accessed in connection with third party services and content (including advertising) that saVRee does not control. You acknowledge that different Terms of Service and privacy policies may apply to your use of such third-party services and content. saVRee does not endorse such third-party services and content and in no event shall saVRee be responsible or liable for any products or services of such third-party providers.
6.1 Either party may terminate this Agreement for cause. In the event that Party wants to terminate this Agreement, such Party shall provide a written termination notice to the other Party with the notice period of two weeks starting from the receipt of the termination notice.
6.2 saVRee may terminate this agreement without notice, with immediate effect if user:
(i) breaches this Agreement;
(ii) fails to make due payments;
(iii) misuses the Services or uses Services contrary to Acceptable Use policy;
(iv) engage in fraudulent or illegal activities.
6.3 Upon termination of this Agreement, user will not be able to use the Services. If the agreement has been terminated, user shall be liable to pay to saVRee any outstanding fees due for payment immediately. saVRee shall not be responsible for any damage caused by the termination of this Agreement. No refund will be provided for the unused portion of the Subscription period.
7.1 You will indemnify and hold harmless saVRee, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.
8.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SAVREE SERVICE IS TO STOP USING SAVREE SERVICES.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SAVREE, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE SAVREE SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, EVEN IF SAVREE HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SAVREE’S AGGREGTATED LIABILTY EXCEED THE AMOUNT YOU PAID SAVREE, IF ANY, THE PAST ONE MONTH FOR THE SERVICES GIVING RISE TO THE CLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
8.3 saVRee, it’s employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Services, or any errors, in or omissions from such information. SaVRee is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Services, nor caused by the delay, malfunction of the operation or the availability of the Services. Although we strive for accuracy in the Content we provide through the Platform, including 3D models in the library, we do not make any guarantee or representation as to the exactness and the accuracy of such Content.
9.1 SAVREE MAY MAKE CHANGES OR REPLACE OUR TERMS AND CONDITIONS AGREEMENT AT ANY TIME. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON THE SITE AND INFORM YOU VIA EMAIL WHERE POSSIBBLE, AND SUCH CHANGE, REPLACEMENT AND UPDATE TO OUR TERMS AND CONDITIONS AGREEMENT WILL TAKE EFFECT IMMEDIATELY UPON POSTING. CHANGES TO THE TERMS OF SERVICE WILL NOT AFFECT ALREADY PAID SUBSCRIPTION PERIODS. YOU ARE CONSENTING TO KEEP YOURSELF UP TO DATE WITH THE LATEST POSTED TERMS AND CONDITIONS AGREEMENT AND YOU ACCEPT AND ARE BOUND BY SUCH CHANGE, REPLACEMENT AND UPDATE IF YOU ACCESS OR USE OUR SERVICE AFTER WE HAVE POSTED IT IN OUR SITE. THE TERMS AND CONDITIONS AGREEMENT APPLIES REGARDLESS FROM WHICH DEVICE OR OPERATING SYSTEM YOU ACCESS OUR SERVICES.
10.1 This Agreement shall be governed by and construed under the laws of Germany, without regard to its conflict of law provisions, and excluding the UN Convention on Contracts for the International Sale of Goods. You agree that if you have any dispute with saVRee you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the non-exclusive jurisdiction of the courts in the city of Munich, Germany.
11.1 If any part of these Terms is found to be invalid, illegal, or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.
11.2 The section titles in the Terms are for convenience only and have no legal or contractual effect.
11.3 Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
11.4 Neither Party may assign or transfer any right or obligation under this Agreement to a third-party without obtaining prior written consent, except to the successors in the event of merger, sale, or liquidation of the Party.
12.1 As part of our legal duty to inform, we point out that the European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
12.2 This Platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
12.3 Our e-mail address is firstname.lastname@example.org.