Last updated October 20, 2022

These Terms of Use (“Terms”) will govern the relationship between you and 3DCOM Technologies Ltd. (“3DCOM”, “we”, “our” or “us”), and including your use of our website “Vizit.co” (the “website”), and the Services (as defined below) provided therein.

It is important that you read these Terms before using our Services so that you are aware of the terms of use relating thereto. In addition to these Terms, we encourage you to carefully review our Privacy Policy which governs how we use your data and information.

 

The Service 

The Service is a solution to convert architecture plans into 3D models software-as-a-service (SaaS) solutions (“Services”).

 

Accounts and Membership

If you create an account in our Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of these Terms or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

 

Billing and Payments

Our Services are available in a variety of plans, which entail different Payment Terms that are found on our website. To use our Services, you are required to pay all fees due, in a timely manner and in accordance with the plan selected by you. Value added tax, service tax and any such other similar, to the extent applicable in your territory, shall be paid by you on top of the fees quoted in the website. All such payments made by you to us, as set forth above, shall be made free and clear of and without deduction for or on account of tax unless you are required to make such a payment subject to the deduction or withholding of tax, in which case the amounts due to us by you (in respect of which such deduction or withholding is required to be made) shall be increased to the extent necessary to ensure that we receive a sum net of any deduction or withholding equal to the sum which we would have received had no such deduction or withholding been made or required to be made. 

Sensitive and private data exchange happens over an SSL secured communication channel and is encrypted and protected with digital signatures. We aim to engage third-party billing vendors that are  in compliance with PCI vulnerability standards, in order to create as secure an environment as possible for our users. However, please note that it is highly advisable that you view such third-party vendors’ privacy policy and terms of use, of which we do not take responsibility for, nor are we liable for their compliance with such (or other) security standards and measures used by them. For more information on such third-party vendors, please use the following link: Bluesnap PCI. Scans for malware are performed on a regular basis for additional security and protection. We reserve the right to change products and product pricing at any time, and such changes shall be published by us on our website.

 

License 

In accordance with these Terms subject to your full and timely payment of the fees due we grant you a limited, nonexclusive, non-sublicensable and non-transferable license to use the Services we provide to you for your own purposes and only as set forth in these Terms. Without express written permission from us, any commercial exploitation of the Services or 3DCOM content, other than as specifically set forth herein and/or as described in the payment plan selected by you, is strictly prohibited.

 

Prohibited uses

You are prohibited from using our Services: (a) to reproduce, distribute, adapt, reverse engineer, de-compile, disassemble, hack, modify, translate, create derivative works from, publish, or otherwise use any portion of the Services or 3DCOM content for any purpose; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any regulations, rules and/or laws; (e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of our Services. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

 

Intellectual Property Rights 

The Services and any content relating to the Services are licensed not sold. Except as set forth above, you do not receive any other right and/or license to the Services and/or to any part of the foregoing thereof. We retain all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio-visual effects, themes, characters, character names, stories, dialogue, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, and moral rights, in each case whether registered and/or registrable, and all applications thereof. Unless expressly authorized by applicable law, the Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without our prior written consent. We reserve all rights not expressly granted to you herein.

 

Copyright and DMCA

If you believe the Service or any of its content infringes your copyrights, please send a notice to: 3DCOM Technologies Ltd, Legal Department, No. 35 Ha’Masger Street, Tel Aviv, 6721407, Israel, or alternatively via email to: [email protected].

Please include all of the following in your DMCA notice: (a) Identify the copyrighted work that you claim has been infringed. If your DMCA notice covers multiple works, you may provide a representative list of such works; (b) Identify what you claim is the infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable 3DCOM  to locate the material; (c) Provide your full legal name, mailing address, telephone number, and (if available) email address; (d) Include the following statement in the body of the DMCA notice: “I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.” Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by 3DCOM  or its users. If you are unsure whether the material or activity you are reporting is causing infringement, you are advised to contact an attorney before serving a notice to 3DCOM.

 

Links to other websites

Although our Service may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked websites, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their service. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from our Service. Your linking to any other off-site Service is at your own risk.

 

Changes to the Services 

The Services are intended to evolve over time. Accordingly, we may change, manage, modify, or update the Services or part thereof from time to time. This may result in content or features being added, removed, or modified. 3DCOM may, at its sole discretion, make any such changes as it believes to be necessary to maintain and improve the Services, including, but not limited to, introducing, modifying, or removing content and features according to 3DCOM’s development roadmap, adapting to new technologies, reflecting changes to 3DCOM’s agreements with third parties, preventing abuse or technical issues, and addressing any legal, safety, or regulatory requirements.

The Services may be temporarily unavailable due to technical issues or maintenance related reasons, which may occur on a scheduled or unscheduled basis. Furthermore, the Services or part thereof may be designed to be available only for a limited time, or their life cycle may be affected by technological developments. Accordingly, 3DCOM reserves the right to stop offering and/or supporting the Services or part thereof. Where appropriate, 3DCOM will take reasonable measures to provide advance notice when any Service, or part thereof, is discontinued. However, we may limit, suspend or terminate the Services or part thereof without notice, and take technical and legal steps to prevent you from accessing the Services, if we believe you or any other user(s) are causing a risk of legal liability or infringement of third-party intellectual property rights or are not acting in accordance with the letter or spirit of these Terms.

 

Disclaimer of warranty

YOU AGREE THAT YOUR USE OF OUR SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Some jurisdictions do not allow disclaimers such as those set forth above; therefore, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these Terms shall infringe upon the statutory rights that you may have as a consumer of the Services. 

Specifically, if you are a consumer based in the EEA, you are provided with a legal guarantee of conformity under which 3DCOM may be liable for a lack of conformity that you discover: (a) within two years from any one-time supply of the Services; or (b) at any time during any continuous supply of the Services.

 

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 3DCOM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF 3DCOM HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF 3DCOM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT GREATER OF ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO 3DCOM DURING THE ONE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow certain limitations of liability such as those stated herein; therefore, the above terms may not apply to you. Instead, in such jurisdictions, the limitations of liability herein shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these Terms will infringe upon any statutory rights you may have as a consumer of the Service.

 

Indemnification

You agree to indemnify and hold 3DCOM and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of our Services or any willful misconduct on your part.

 

Governing Law

All disputes arising out of or related to these Terms, the Services or the dispute resolution process are governed by Israeli law according to the Tel Aviv district courts.  

For United States residents, these Terms contain a binding arbitration clause and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where you opt out, and except for certain types of disputes set forth hereunder, you agree that any disputes arising between you and 3DCOM will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.

If you are a United States resident or otherwise make any claim against  3DCOM in the United States, you expressly agree that any legal claim, dispute or other controversy between you and  3DCOM  arising out of or otherwise relating in any way to Services, including controversies relating to the applicability, enforceability or validity of any provision of these Terms or our Privacy Policy (collectively “Disputes”), shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the American Arbitration Association (“AAA”), rather than in a court, as described herein. The arbitration will be governed by the AAA’s commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes (collectively “Rules and Procedures”). You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court.

Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case 3DCOM  will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. 3DCOM  also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

The arbitration may be conducted in New York, NY, or upon your request, in the city closest to your location where AAA maintains an office. The arbitrator’s award shall be final and binding on you and 3DCOM  and may be entered as a judgment in any court of competent jurisdiction.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.

As an exception to the binding arbitration rule, to the extent the Dispute arises from: (a) A violation of 3DCOM’s intellectual property rights in any manner; (b) Any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse Act or Section “Code of Conduct” of these Terms; and (c) Any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in any court with jurisdiction over the other party. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

To the extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise. 

You and 3DCOM agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, and no arbitration shall be joined with any other arbitration.

You may opt out of this obligation to arbitrate. If you do so, neither you nor 3DCOM can require the other to participate in an arbitration proceeding. To opt out, you must notify 3DCOM in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: 3DCOM Technologies Ltd., ATTN: Legal Department, No. 35 Ha’Masger Street, Tel Aviv, 6721407, Israel. You must include your name and residence address and a clear statement that you want to opt out of this arbitration clause.

To begin an arbitration proceeding, you must send a letter to: 3DCOM Technologies Ltd., ATTN: Legal Department, No. 35 Ha’Masger Street, Tel Aviv, 6721407, Israel, requesting arbitration and describing your claim.

3DCOM will provide 30-days’ notice of any changes to this section “Binding Arbitration / Class Waiver” through  the  Services or via other similar means. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.

If you are not a United States resident, then the formation, interpretation, and performance of these Terms and any dispute arising out of it shall be governed by the substantive and procedural laws of Israel without regard to its rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Tel Aviv, Israel, and you hereby submit to the exclusive jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

 

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. 3DCOM is free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

 

Changes and amendments

We reserve the right to modify these Terms or policies relating to our Services at any time, effective upon posting of an updated version of these Terms. When we do, we will revise the updated date at the bottom of this page. Continued use of our Services after any such changes shall constitute your consent to such changes.

 

Entire Agreement 

These Terms set out the entire agreement between you and 3DCOM regarding the Services and supersede all earlier agreements and understandings between you and 3DCOM.

 

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. 3DCOM’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

 

No Waiver

Any failure by 3DCOM to exercise or enforce any of its rights under these Terms does not waive its right to enforce such right. Any waiver of such rights shall only be effective if made in writing and signed by an authorized representative of 3DCOM.

 

Contacting us

If you would like to contact us to understand more about these Terms, or wish to contact us concerning any matter relating to it, you may send an email to [email protected]