Terms of Service

Thank you for using Core3D. By using Core3D, you agree to our Terms of Service, which is a legal agreement. If you are using Core3D for an organization, you are agreeing on behalf of that organization. If any terms in the Customer-Specific Supplement apply to you (e.g., if you are a U.S. government entity), those terms are also incorporated herein by reference and form part of this agreement. Our Terms of Service apply to your use of our Websites and Services.

1. Definitions

When we say, "we," "our," or "us," we're referring to Core3D, Inc., a Delaware C Corporation, our employees, directors, officers, affiliates, and subsidiaries.

When we say "you" or "your," we are referring to the person or entity that's registered with us to use the Core3D Services.

When we say "Terms," we mean our Terms of Service, which includes our Privacy Policy.

When we say "Websites," we mean our websites located at core3d.io, blitwear.com, including all subdomains and sites associated with those domains, and other websites that we operate now and in the future.

When we say "Services," we mean our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that make up Core3D.

When we say "Core3D," we mean our Websites and Services collectively.

When we say "information," we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices.

2. General Rules

To use Core3D, you must (a) be at least thirteen (13) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) promise to follow these rules:

You are responsible for all content you provide and your activities on Core3D;
You will use Core3D in compliance with all applicable laws, rules, and regulations;
You will not use Core3D to solicit the performance of any activity which infringes our rights or the rights of others; and
You will not use Core3D to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us.
If you break any of your promises above or any of the rules in these Terms, we may terminate your account. Your actions may also subject you to legal consequences.

As long as you comply with our Terms of Service, we grant you a non-exclusive, non-transferable, limited privilege to use Core3D. Your use of Core3D is at your own risk.

3. Intellectual Property

You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.

We own Core3D and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of Core3D, our Services, or our content on Core3D without our written permission.

You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into Core3D or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.

4. Passwords and Accounts

You're responsible for keeping your account name and password confidential. You're also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We're not responsible for any losses due to stolen or hacked passwords.

You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.

5. Payment Terms

For all plans, you authorize us to charge you according to the plan you choose at the then current plan rate, and any other charges you may incur in connection with your use of the Services, such as taxes, duties, and possible transaction fees.

For all accounts, there are no refunds or credits for changes to your account.

We reserve the right to change service fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to Core3D or by email.

6. Cancellation and Termination

An email request to cancel your account is required at this time. Pro-rated charges will be halted at the time of cancellation. There is no cancellation fee.

In the event of cancellation or termination your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. We retain the right to retain or delete data provided to us by you at our sole discretion.

We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.

7. API Terms

You may access your Core3D account data using the Core3D API (Application Programming Interface). Any use of the API, including use of the API through a third-party product that accesses Core3D, is bound by these Terms.

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages) resulting from your use of the API or third-party products that access your data via the API.

Abuse or excessively frequent requests to Core3D via the API may result in the temporary or permanent suspension of your access to the API. We may, at our sole discretion, determine abuse or excessive usage of the API. We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

8. Indemnification

You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys' fees) made against us by any third party due to or arising out of or in connection with your use of Core3D.

9. Representations and Warranties

To the maximum extent permitted by law, we provide Core3D on an "as is" and "as available" basis, which means we don't provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) Core3D will meet your specific requirements, (ii) Core3D will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Core3D will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Core3D will meet your expectations, and (v) any errors in Core3D will be corrected.

10. Limitation of Liability

To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.

We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of Core3D and any linked sites and services. Your sole remedy against us for dissatisfaction with Core3D is to stop using Core3D. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.

If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Services, our liability shall not exceed what you paid us for the Services in the previous month. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

11. Publicity

You grant us the right to use your company name and logo as a reference for marketing or promotional purposes on our Websites and in other public or private communications with our existing or potential customers, subject to your standard trademark usage guidelines as provided by you to us from time-to-time. We don't want to list you if you don't want to be listed, so if that's the case, please send an email to support@core3d.io stating that you do not wish to be used as a reference.

12. Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of Core3D, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New York County, New York, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Websites or Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

13. Force Majeure

You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.

14. Severability

If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.

15. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

16. No Waiver

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

17. Entire Agreement

These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of Core3D, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).

18. Amendments and Changes to Core3D

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time. Amendments or changes to these Terms won't be effective until we post revised Terms on the Website. Unless explicitly stated otherwise, any new features that augment or enhance Core3D shall be subject to the Terms.

It is your responsibility to check the Terms periodically for changes. Your continued use of Core3D following the posting of changes will mean that you accept and agree to the changes.

We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to Core3D, or any portion of Core3D for any reason; (2) to modify or change Core3D, or any portion of Core3D, and any applicable policies or terms; and (3) to interrupt the operation of Core3D, or any portion of Core3D, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

19. Questions

If you have any questions regarding this Terms of Service, please contact us by email at support@core3d.io.

Last updated: June 9, 2022

Use of AI-Generated Images

AI Image Generation Feature

Our service includes a feature to create images using AI technology, which is an integral part of our innovative design solutions at Core3D. By utilizing this AI image generation feature, you acknowledge and agree to the following terms:

Limitation of Responsibility for AI-Generated Content:

Core3D provides the AI image generation feature as a tool for your convenience and creative exploration.
We do not assume responsibility for the content generated by the AI tool or its alignment with specific guidelines or expectations.
The use of this feature and the content it generates is at your own risk. Core3D does not endorse, guarantee, or assume liability for the content produced by the AI tool.

User Responsibility and Compliance:

As a user, you are responsible for the content generated using our AI feature (referred to as "Your AI-Generated Content").
Your AI-Generated Content must comply with our Terms of Service, including our Intellectual Property Policy and Privacy Policy.
You are responsible for ensuring that Your AI-Generated Content does not infringe upon the intellectual property rights or other legal rights of third parties.
Core3D reserves the right to suspend your account, block, or remove any content or designs that are deemed potentially infringing, harmful, or contrary to our policies.

Risks Associated with AI Image Generation:

You acknowledge the inherent risks in using AI-generated images, such as the potential for creating content that may inadvertently infringe on intellectual property, depict sensitive material, or lack eligibility for copyright protection.
It is your responsibility to evaluate and manage these risks, ensuring that all AI-generated images comply with applicable laws and our platform's requirements.

Indemnification:

You agree to indemnify and hold harmless Core3D, its affiliates, and partners from any claims, damages, or legal actions arising from your use of the AI image generation feature.
This includes responsibility for any legal issues or rights infringements that occur as a result of using AI-generated images.

By using our AI image generation feature, you signify your acceptance of these terms and your understanding of your responsibilities regarding the creation and use of AI-generated images.

Customer-Specific Supplement

The terms of the Customer-Specific Supplement ("Customer-Specific Supplement") below supplement and amend the Terms of Service if you fall into the corresponding category of customer listed below. If there is any conflict between the Customer-Specific Supplement and the Terms of Service, the applicable terms in the Customer-Specific Supplement will prevail. Nothing in this Customer-Specific Supplement makes us a government contractor for any federal, state, local, or foreign government.

U.S. Government Customers
State or Local Government Customers
Healthcare Customers
Education Professional Customers

I. U.S. Government Customers

If you are a U.S. government or U.S. public entity (or use of the Services is for the U.S. Government), the terms of the Customer-Specific Supplement in this Section I apply.

Use By or For the U.S. Government. The Services are a "commercial item," as defined at 48 C.F.R. §2.101, and constitute "commercial computer software" and "commercial computer software documentation," as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 to §227.7204. This commercial computer software and related documentation is provided to end users for use, by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Waiver. The sections in the Terms of Service titled "Governing Law; Dispute Resolution," and "Indemnification" are hereby waived to the extent they are inconsistent with federal law.

No Endorsement. We agree that your seals, trademarks, logos, service marks, trade names, and the fact that you have a presence on one of our Websites and use our Services, will not be used by us in such a manner as to state or imply that our products or services are endorsed, sponsored or recommended by you or by any other element of the U.S. Government, or are considered by you or the U.S. Government to be superior to any other products or services.

Except for pages whose design and content is under your control, or for links to or promotion of such pages, we agree not to display any of your seals or government seals, trademarks, logos, service marks, and trade names on our homepage or elsewhere on one of our hosted sites unless permission to do so has been granted by you or by another relevant federal government authority. We may list your name in a publicly available customer list on a Website or elsewhere so long as the name is not displayed in a more prominent fashion than that of any other third party name.

II. State or Local Government Customers

This Section II applies to you if you are a state or local government, but only to the extent the Services are being used by you in your official capacity as a state or local government official. The sections in the Terms of Service titled "Governing Law; Dispute Resolution," and "Indemnification" will not apply to you only to the extent your jurisdiction's laws prohibit you from accepting the requirements in those sections.

III. Healthcare Customers

This Section III applies to any Covered Entity as defined in the Health Insurance Portability and Accountability Act and related amendments and regulations as updated or replaced ("HIPAA"), unless you have entered into a written agreement with us to the contrary. You acknowledge that we are not a Business Associate or subcontractor (as defined in HIPAA) and that the Services are not HIPAA compliant. You must not submit, collect or use any "personal health information" as defined in 45 CFR §160.103 ("PHI"), with or to the Services. You agree that we have no liability for PHI received from you, notwithstanding anything to the contrary herein.

IV. Education Professional Customers

If you are a school or educator in the United States and want your students, who are over the age of 13, to use the Services, you are responsible for complying with the U.S. Family Educational Rights and Privacy Act ("FERPA"). This means you must notify those students' parents/guardians of the personally identifiable information that you will collect and share with us and obtain parental/guardian consent before your students sign up or use the Services.

When obtaining such consent, you should provide parents/guardians with a copy of our Privacy Policy. You must keep all consents on file and provide them to us if we request them. If you are located outside of the United States, we will rely upon you to obtain any required consents or approvals from the parent or guardian of any student covered by similar laws and, as a condition to your and your students' use of the Services, you will comply with such laws.

Questions

If you have any questions regarding this Customer-Specific Supplement, please contact us by email at support@core3d.io.