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Revision: Jan 2023

1. Terms and Conditions

 

The following are terms and conditions of a legal agreement between you (collectively, “consumer”, “customer”, “user”, “you” or “your”) and CADMesh and its affiliates (collectively, “CADMesh”, “provider”, “we”, “us” or “our”). These terms and conditions (collectively, “Terms and Conditions” or “Terms”) govern your use of cadmesh.com (collectively, “CADMesh Website”, “website” or “server”), and the Services, features, and content we offer.

 

By using the Services, you acknowledge you have read, understood and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “consumer”, “customer”, “user”, “you” or “your” shall refer to such entity. If you do not agree with these Terms and Conditions, you must not use our Services and/or website.

 

These Terms and Conditions are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

 

Individual contract agreements have priority ante these general Terms and Conditions. Diverging, conflicting or complementary general Terms and Conditions do not become a part of the contract, unless their validity is expressly agreed.

 

2. Account Terms

 

You must be at least eighteen (18) years of age to use our Services.

 

 

3. Services

 

3.1 File Format Conversion

 

In general, the service provides a user the ability to transform/translate a file (collectively, “user file”, “input file”, “input data”, “submitted data” or “uploaded data”) from its original format (file extension) to a user-selected file format (collectively, “output file”, “converted file” or “output data”).

 

The service operates by storing the uploaded user file on a server or local computer, converting it into a different file format and then providing the user a unique, non-guessable download link to download the converted file. The converted file availability and download link may vary and the provider reserve the right to remove the file from the server at any given moment without further notice to the customer.

 

The customer grants us a license for storing and processing the uploaded data in any chosen way. This includes the possibility to download/upload the input file from/to other servers/third party providers for further conversion and/or service completion.

 

While the provider tries to ensure that, the Services are error free, the provider cannot guarantee that user files or converted files will not be deleted, lost or be error free. The customer acknowledges and agrees that the provider will not be responsible for any failure of the Services to convert a user file or store a user file or converted file.

 

There is no guarantee that the result/output data is semantically identical to the input data. The provider will make reasonable efforts to convert the data accurately but does not accept liability for its accuracy. CADMesh does not accept any liability for the submitted data or for the resulting converted data. It is solely the customer’s responsibility to determine the suitability of the output data for its intended purpose.

 

In order to be suitable for conversion a 3D model/input data must be watertight. Submitted data with structural issues (holes/gaps, flipped normal, intersecting/overlapping triangles, bad edges, noise shells, manifolds, among other issues) are considered unsuitable for conversion.

If the data submitted for conversion is corrupt or unsuitable for conversion, we will communicate to the customer that the model is not suitable for conversion.

 

3.1.1 Uploaded Data Requirements

 

You certify that any uploaded data to the website does not violate any federal law or regulation including those pertaining to firearms, or applicable standards maintained by ISO, ASTM, ASME, or other similarly situated body.

You certify that you are the legal owner of the intellectual property rights, copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right of the input file and its features.

 

3.1.2 File Format Conversion Service Fee Refund

 

A full refund (100% of the total amount) will be issued in case CADMesh is unable to convert a submitted file listed as a supported input file format.

 

A partial refund (50% of the total amount) will be issued when:

- The submitted file is not listed as a supported input file format

- The submitted file is unsuitable for conversion due to structural issues

- The submitted file violates our Terms and Conditions

- The submitted file has a renamed extension or any harmful content (such as, but not limited to, virus, ransomware, and etc)

 

The conversion service is automatically canceled once a refund is issued.

 

 

4. Ordering

 

The prices displayed on the website are only indications and are valid only for the moment that they are displayed. CADMesh reserves the right to change its prices on the website at any time without prior notice to you. Such change however will have no effect on orders completed before the posting of a new price on the website. We do our best to prevent errors in the pricing. However, should an error occur, we are not bound by our offer and may cancel the order. In the event of an error, any monies paid related to that order will be refunded to you.

 

You can initiate your payment for your order via PayPal.com.

The terms of your payment will be determined by agreements between you and PayPal. We shall not be responsible in any way for the payment process done via the PayPal.com. Please familiarize yourself with PayPal’s terms of use.

 

 

5. Acceptable Use    

 

You may not access or use the website for any purpose other than that for which we make the website and our Services available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

Our website is directed to users residing in the United States. The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

 

5.1 As a user of this website, you agree NOT to:

 

- Systematically retrieve data or other content from the website to a compile database or directory without written permission from us

- Make any unauthorized use of the website, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses

- Use a buying agent or purchasing agent to make purchases on the website

- Use the website to advertise or sell goods and/or services

- Circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use

- Engage in unauthorized framing of or linking to the website

- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords

- Make improper use of our support services, or submit false reports of abuse or misconduct

- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools

- Interfere with, disrupt, or create an undue burden on the website or the networks and services connected to the website

- Attempt to impersonate another user or person, or use the username of another user

- Sell or otherwise transfer your profile

- Use any information obtained from the website in order to harass, abuse, or harm another person

- Use the website or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise

- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website

- Attempt to access any portions of the website that you are restricted from accessing

- Harass, annoy, intimidate, or threaten any of our employees, agents, or other users

- Delete the copyright or other proprietary rights notice from any of the content

- Copy or adapt the website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code

- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the website, or any material that acts as a passive or active information collection or transmission mechanism

- Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools

- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the website

- Use the website in a manner inconsistent with any applicable laws or regulations

- Threaten users with negative feedback or offering services solely to give positive feedback to users

- Misrepresent experience, skills, or information about a User

- Advertise products or services not intended by us

- Falsely imply a relationship with us or another company with whom you do not have a relationship     

 

 

6. Website Content    

 

Unless otherwise indicated, the website and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website are owned or licensed to us and are protected by copyright and trademark laws.

 

Except as expressly provided in these Terms and Conditions, no part of the website or Services may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

 

You shall not try to gain unauthorized access to the website, or any networks, servers or computer systems connected to the website, and/or make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the website, including the modification of the paper or digital copies you may have downloaded. 

 

The content on the website is provided for general information only. It is not intended to amount to advice on which you should rely.

 

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the information displayed on the website is accurate, complete or up to date.

 

 

7. Site Management     

 

We reserve the right at our sole discretion, to monitor the website for breaches of these Terms and Conditions, to take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; to refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your contributions; to remove from the website or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and to otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website and Services.  

 

We do not guarantee that the website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the website and you should use your own virus protection software.  

 

 

8. Modifications to and Availability of the website

 

We reserve the right to change, modify, or remove the contents of the website at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the website without notice at any time.    

 

We cannot guarantee the website and Services will be always available. We may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the website or Services during any downtime or discontinuance of the website or Services. We are not obliged to maintain and support the website or Services or to supply any corrections, updates, or releases. 

 

There may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

 

We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates.

 

 

9. Disclaimer/Limitation of Liability     

 

The website and Services are provided on an as-is and as-available basis. You agree that your use of the website and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the website and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.  

 

We make no warranties or representations about the accuracy or completeness of the website’s content and are not liable for any errors or omissions in content, to any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; to any interruption or cessation of transmission to or from the site or Services, and/or to any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control. 

 

You release us from all liability for you having acquired or not acquired content through the Services. We make no representations concerning any content (including without limitation 3D models) contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the Services.

 

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

 

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.

 

Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

 

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS, BE LIABLE UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES, FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND (HOWSOEVER ARISING), OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF THE FEE RECEIVED FROM YOU BY CADMESH FOR THE USE OF THE SERVICES DURING THE IMMEDIATELY PRECEDING THREE (3) MONTHS PERIOD OR $250.00.

 

9.1 External Links Disclaimer

 

The site may contain (or you may be sent through the site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners, other advertising and/or to service competition/delivery. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the site or any website or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or Services.

 

 

10. Applicable Law

 

These Terms and Conditions and the use of Services shall be governed by the laws of Florida, USA without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than Florida, USA. You agree that any and all disputes arising from or relating to the subject matter of these Terms and Conditions, including disputes relating to the validity thereof, and any disputes related to the use of the Services, shall be governed by the exclusive jurisdiction and venue of the federal and state courts located Florida, USA.

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