CALCURA3D TERMS OF USE
Last updated: [DD/MM/YYYY]
These Terms of Use (“Agreement”) govern access to and use of the Calcura3D web application (“the App”), operated by [Legal company name] (“the Company”, “we”). By accessing or using the App, you (“the User”) accept this Agreement. If you do not agree, do not use the App.
Notice: This document is an informational template and does not constitute legal advice. Adapt it to your jurisdiction and consult an attorney before publishing.
1) DEFINITIONS AND SERVICE SCOPE
- Service: tools and features to estimate 3D printing costs, manage supplies, and generate quotes.
- User Content: files (e.g., G-code), pricing data, printer/filament configurations, images, and any information you upload or enter.
- Account: the User’s credentials and profile in the App.
The Service is provided “as is” and “as available” and may be changed or discontinued, in whole or in part, at any time.
2) ELIGIBILITY AND ACCOUNTS
You must be of legal age and capacity. You are responsible for your Account, credentials, and activity. You must provide accurate information and keep it current. The Company may reject, suspend, or close Accounts for any reason permitted by law and for violations of this Agreement.
3) LICENSE TO USE
A limited, non-exclusive, revocable, non-transferable, non-sublicensable license is granted to access and use the App under this Agreement. Prohibited: (i) copying, modifying, translating, creating derivative works; (ii) decompiling, reverse engineering, attempting to extract source code; (iii) circumventing technical protection measures; (iv) renting, leasing, or reselling access.
4) INTELLECTUAL PROPERTY AND FEEDBACK
The App (code, design, marks, documentation) is owned by the Company or its licensors and is protected by IP laws. Feedback (ideas or suggestions) you submit may be used freely without obligation or acknowledgement, perpetually and irrevocably.
5) USER CONTENT AND LICENSE GRANTED
You retain your rights to User Content. By uploading it, you grant the Company a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, process, adapt, analyze, store, transmit, and display such content for: (a) operating the App; (b) security, support, and diagnostics; (c) service improvement and development, including analytics, AI model training/evaluation, and statistics in aggregated or anonymized form. You represent you have all rights and permissions necessary to grant this license.
The Company does not claim ownership over your G-code or other content, except for the foregoing license.
6) ACCEPTABLE USE — PROHIBITED ACTIVITIES
Prohibited: unlawful use; IP or privacy violations; uploading malware; mass scraping or service overload; security bypass; unauthorized automated use; exploiting vulnerabilities; reselling; impersonation; content promoting violence, hatred, or criminal activity. The Company may monitor, review, block, or remove User Content to comply with law or this Agreement.
7) ILLEGAL CONTENT AND COOPERATION WITH AUTHORITIES
Upon reasonable suspicion of illegality, the Company may investigate internally, suspend or remove content and accounts, preserve evidence, and report to authorities; it may share Account data, logs, and IPs when legally required or upon a valid request.
8) PAYMENTS, BILLING, AND SUBSCRIPTIONS
8.1 Authorization for recurring charges
By subscribing, you authorize automatic, recurring charges to the registered payment method until effective cancellation. You warrant you are authorized to use that method. The Company may update the payment method using information from the processor.
8.2 Terms, trials, renewals, and cancellation
Monthly or annual plans renew automatically at the end of each term. Free trials may convert to paid subscriptions unless cancelled before the end of the trial. Cancellation takes effect at the end of the current term (no refunds for unused time).
8.3 Price and plan changes
The Company may modify prices, plans, limits, and features. We aim to provide reasonable advance notice (e.g., 15 days) via the App or email. Continued use or failure to cancel before the next renewal constitutes acceptance. If you do not agree, you must cancel before the effective date.
8.4 Taxes and third-party charges
Prices exclude taxes; you are responsible for applicable taxes (VAT/sales, withholding). Gateway fees, FX charges, and bank differences are not refundable.
8.5 Failed payments, delinquencies, chargebacks
In case of a failed payment, we may retry, restrict features, or suspend the Account until resolved. Chargebacks may result in suspension or termination and you must reimburse reasonable costs (including fees) incurred due to an unwarranted dispute. The Company may apply late fees as permitted by law.
8.6 Refund policy
- Unintentional annual renewal: refund if requested within 7 calendar days of the charge.
- Unintentional monthly renewal: refund if requested within 2 calendar days of the charge.
- No refunds (full or partial) for interruptions, maintenance, changes, or discontinuation of the App, nor for suspensions due to your breach.
- No proration or returns for unused time. When applicable, refunds are made only to the original method.
9) AVAILABILITY, SUPPORT, AND SERVICE CHANGES
The App may experience interruptions, scheduled or emergency maintenance, and loss of features. The Company may modify or discontinue the Service, features, or plans at any time. No specific service level or 24/7 support is guaranteed.
10) SECURITY, BACKUPS, AND RETENTION
Reasonable security measures apply, but no system is 100% secure. You are responsible for backing up your content. The Company does not guarantee recovery of lost data or continuity of history after restores or migrations. The Company may retain data and logs to meet legal obligations and for audit.
11) THIRD PARTIES AND OPEN SOURCE SOFTWARE
The Service may integrate third-party services (e.g., payment gateways, hosting, analytics). Their use may be governed by third-party terms. The App may include open-source components subject to their respective licenses, which prevail in case of conflict.
12) BETA/EARLY ACCESS
Features labeled Beta may be unstable, change, or be removed at any time, and are provided without warranties. Use is at your own risk.
13) PRIVACY AND PERSONAL DATA
Processing of personal data is governed by the Calcura3D Privacy Policy, which forms part of this Agreement. By using the App, you consent to such processing.
14) IP CLAIMS (NOTICE AND TAKEDOWN)
If you believe content infringes rights, send a notice including: identification of the work, URL/location, contact details, and a good-faith statement that the use is not authorized. The Company may remove or disable the allegedly infringing content and, where applicable, notify the alleged infringer.
15) INDEMNIFICATION
You will indemnify and hold harmless the Company, its affiliates, officers, employees, and agents from claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from: (i) your use of the Service; (ii) your Content; (iii) your breach of this Agreement or law; (iv) any third-party dispute related to your use of the App.
16) WARRANTY DISCLAIMER
The App is provided “as is” and “as available”. The Company disclaims all express or implied warranties (merchantability, fitness for a particular purpose, non-infringement, availability, accuracy). We do not guarantee results, profits, or error-free operation.
17) LIMITATION OF LIABILITY
To the fullest extent permitted by law, the Company’s total liability for any claim related to the App is limited to the greater of: (a) amounts you paid to the Company in the 12 months preceding the event giving rise to liability, or (b) USD $100. In no event will the Company be liable for indirect, incidental, special, punitive, or consequential damages, or loss of profits, data, goodwill, or savings.
18) FORCE MAJEURE
The Company is not liable for failures due to events beyond its reasonable control (force majeure), including Internet/provider outages, disasters, labor disputes, government regulations, wars, pandemics, or acts of third parties.
19) CHANGES TO THIS AGREEMENT
The Company may modify this Agreement at any time. Changes take effect upon publication in the App or reasonable notice. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the App and cancel your subscription before the next renewal.
20) GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of Florida, USA, without regard to conflict-of-law rules. Any dispute will be resolved by confidential, binding arbitration administered by the AAA (or similar institution) in Miami, Florida, in Spanish or English, under applicable simplified rules. You waive class actions (class action waiver) and jury trial. Nothing prevents the Company from seeking injunctive relief before competent courts to protect its IP or prevent irreparable harm.
If your jurisdiction does not allow arbitration or these waivers, they apply to the maximum extent permitted.
21) ASSIGNMENT
The Company may assign or transfer this Agreement (in whole or in part) without consent. You may not assign it without prior written authorization.
22) MISCELLANEOUS
- Severability: If any provision is invalid, the remainder remains in effect.
- No waiver: Failure to enforce a right is not a future waiver.
- Entire agreement: This Agreement constitutes the entire agreement and supersedes prior agreements regarding the App.
- Notices: May be provided via the App, email, banners, or any reasonable means.
- Survival: Sections 4–7, 8, 9–11, 14–22 survive.
23) CONTACT
[Legal company name]
[Postal address]
Support: [support@calcura3d.com]