General Terms of Use

The use of the Solution published by the CINTOO 3D company (hereinafter referred as to “CINTOO 3D”) implies the visitor’s acceptance without reservation of the following provisions as well as any person wishing to benefit from the Services available on the Website, the last version shall prevail.

 

ARTICLE 1. LEGAL IDENTIFICATION
 

CINTOO 3D, a joint-stock company, with capital of 41,799.90 Euros, registered with the Trade and Companies Register of ANTIBES under number 794 581 223, whose registered office is located at 2000, Route des Lucioles, Les Algorithmes Bâtiment ARISTOTE A – 06410 BIOT, represented by its current President, Mr. Leonardo HIDD FONTELES.

 

ARTICLE 2. DEFINITIONS
 
(i) Account: means the account created by the User on the Website, in accordance with the account creation procedure described in these GTU, and from which the User can order a Plan and access the Services, in accordance with the terms and conditions of the GTCS;
 
(ii) Client: means any User who subscribed to a Plan on the Website;
 
(iii) Contract : means these General Terms and Conditions of Use, the Order, the Order Confirmation and the GTCS, including any annex or amendment thereto, all these documents are to be regarded upon as an indivisible whole;
 
(iiii) Credit: means the valor unit determined by CINTOO 3D depending on the Plan subscribed by the Client which the latter must purchase when the maximum allowed treatment or storage level of its Plan is exceeded but it does not want to subscribe another Plan and wants to continue to use the Services. Credits can be used by the Client for an unlimited period of time, as long as its Client’s Account is active;
 
(v) Data:
- Client’s Data: means any Client’s Personal Data hosted by CINTOO 3D and all data indicated by the latter in the scope of use its Order;
- Personal Data: refers to all types of information, data and content, collected and treated in the scope of use of the Services delivered by CINTOO 3D, and hosted by CINTOO 3D which, as defined in the Data Protection Act of 6 January 1978 (as amended by the Decree of 4 November 1991 and by the Act of 6 August 2004 implementing Directive 95/46/EC) making it possible to directly or indirectly, designate or identify an individual;
 
(vi) Freemium Plan: means the Plan which allows the Client to test the Services provided by the Solution for the period stated in the Order Confirmation;
 
(vii) General Terms and Conditions of Services: means all rules and conditions of sales of the Services provided by CINTOO 3D to the Client on the Website (hereinafter referred to as the “GTCSS”);

 

(viii) Order: means any act of purchase of a Plan made by the Client from CINTOO 3D, which shall be recorded in the Order Confirmation specifying the nature, the type and the quantity of the Services;

 

(ix) Order Confirmation: means the electronical written statement, delivered by CINTOO 3D to the Client, setting out the commercial and pricing terms to be applicable to the Client, according to the Plan subscribed by the Client on the Website;
 
(x) Parties: means the undersigned parties, i.e. the Client and CINTOO 3D which legal identity is specified by these GTUand on the Website;
 
(xi) Plan: means all subscription offers to Services proposed by CINTOO 3D to the Client, as described on the Website, which allows the Client to use the Solution thanks to the License described in Article 6 hereinafter, for the duration and under the terms and conditions as stated in these GTCS and the Order Confirmation;
 
(xii) Services: means all services provided to the Client by CINTOO 3D, in the context of the use of the Solution and/or in connection with the completion of an Additional Service;
 
(xiii) Solution: means the computer programs and software solution described on the Website or namely the Module, the Website and the relative Documentation, whose use is actually granted by CINTOO 3D to the Client in the scope of its subscription to the Services, as specified in the Order Confirmation, which allows the latter to change a photography into a 3D model;
 
(xiiii) Services: means all serviced provided by CINTOO 3D, such as benchmarks, teardowns, optical and SEM images, architectural and analysis reports, which are more precisely defined on the Website, specified and accepted by the Client in the Order Confirmation that CINTOO 3D shall provide to the Client in the frame of its order, according to the Services actually ordered by the Client;
 
(xv) User: means the Client and any natural person or legal entity (acting through its duly authorized representative or any person that, through appropriate delegation of authority, may enter into binding obligations for the legal person) who holds an Account and/or navigates on the Website in order to access and/or purchase the Services provided by TEXPLAINED.
 
(xvi) Website: means the website operated by CINTOO 3D in connection with the provision of the Services, available at the following URL www.cintoo3d.com.

 

ARTICLE 3. USER’S ACCEPTANCE
 

The present General Terms of Use (hereinafter referred to as the "GTU") are expressly approved and accepted by the User, who declares to have a full understanding thereof.

In any event, visiting the Website, registration of the User on the Website and/or beginning to use the Services provided by the Solution makes the User bound by the present GTU. The User is therefore deemed to have accepted application of all rules provided herein, as well as those that may be laid down in any document available on the Website, incorporated into the present GTU by reference and which govern its relation with third parties and CINTOO 3D.

These GTU are binding for the entire duration of use of the Services and until new GTU supersede these ones.

The User acknowledges having read the legal notice available on the Website prior to any use of the Services offered through it.

 

ARTICLE 4. CONVENTION OF PROOF
 

The User acknowledges that the recordings and back-ups (including any connection data) realized on the Website (hereinafter the “Electronic Documents”) have full significant effect between the User and CINTOO 3D. Thus, the Electronic Documents (including their dates and times), will be admissible in any dispute between the Parties.

By consequence the User acknowledges, in its contractual relation with CINTOO 3D, the validity and probative value of emails.

Similarly, statements of orders, sums paid by the User, credits notes, discounts, penalties for late payment, or other sums, as well as their reproduction on microfiches, optical or magnetic disks, USB stick or any other support kept by CINTOO 3D, shall be enforceable against the User as elements of proof.

 

ARTICLE 5. EVOLUTIONS
 

CINTOO 3D reserves the right to modify these GTU, according to the technical evolution of the Solution or its Plans, or in the event of changes in legislation, at its sole discretion

In general, use of the Website by the User is always subject to the most recent version of the GTU posted on the Website and available to the User at the time of use. The User is responsible for consulting the GTU as often as necessary, which are available from its Account.

 

ARTICLE 6. BREACH
 

Any breach hereof entitles CINTOO 3D to refuse to the User responsible for the breach in question, future access to the Services provided on the Website, and to close any Account providing access to one of its sites, without prejudice to any compensation that may be due to CINTOO 3D.

 

ARTICLE 7. ACCOUNT
 
7.1. Registration

Registration on the Website in order to subscribe to any of the Plans proposed by CINTOO 3D, is carried out online on the Website thanks to the registration process made available by CINTOO 3D to the Client.

For that purpose, the User shall undertake to fill in good faith all mandatory fields of the registration form available on the Website at the time of its registration. If the User chooses to register through the creation of an Account, it must state in particular:

- A valid e-mail address

Then, in order to be able to purchase Services, the User shall state the following information:

- Name and surname;
- E-mail address;
- Password;
- Company name and Intra community VTA number, as the case maybe;
- Postal address;
- Phone number;
 

CINTOO 3D reserves the right to refuse an application for registration to the Website by a person or entity not willing to comply with the GTU, or who does not fully, or in good faith, provide information on the registration forms.
 

Only Users can subscribe to the Services hereunder. At the time of registration, the User certifies:

- For natural persons:
o That it is an adult,
o That it can freely give its consent.
- For representatives of legal entities:
o That it is legally authorized to bind the legal entity,
o That it is not subject to reorganization or liquidation.
 
7.2. Account
7.2.1. Content

Users can access a personal Account, in the form of a custom interface, by activation of their connection settings (e-mail addressand password chosen at the time of their registration on the Website). From this Account, Clients have access to the various tools placed at their disposal by CINTOO 3D and especially to their uploading center.

For more information about the exact and complete content of this Account, Users are invited to consult the Website and create an Account.
 

7.2.2. Availability

Users can access their personal Account by activating their connection settings (login and password chosen by the User at the time of registration to the Website).
Users access the different tools provided by CINTOO 3D from this Account, especially an uploading center.

The connection settings enabling access to their Accounts are sent by CINTOO 3D as a reminder to Users via email. Users are responsible for the verification of the validity of the e-mail address provided upon registration in so far as this e-mail address is part of the User Account identification. In the event the e-mail address is incorrect, the User may be not able to access its Account, without liability for CINTOO 3D.

Each User shall modify the password it chose at the time of its registration on a regular basis, and at least every three (3) months, and make sure that its password is made of letters and figures with a sufficient length, as detailed on the Website.
 

7.2.3. Connection settings

Each User shall keep its connection settings confidential, pursuant to article “Security”.
It is responsible for any use, whether actually authorized by it or not. Users shall not assign, lend or transfer its connection settings to any third party, or enable any third party to connect to its Account.

Users shall further undertake to:

- Immediately notify CINTOO 3D in the event of misuse of their connection settings or Account or in the event of any other breach of security,
- Make sure to have properly disconnected from their Account at the end of each session using the "Logout" feature.

 

ARTICLE 8. GENERAL DESCRIPTION OF THE SERVICES
 
8.1. General information
 

CINTOO 3D innovates and develops technological solutions to help companies and institutions to use 3D reality data as a disruptive component leveraging their Digital Transformation. Thanks to its expertise, CINTOO 3D proposes software products and services to improve transferring, storing and visualization of massive 3D models captured from reality.

In this framework, CINTOO 3D developed a unique Solution in the market able to stream and visualize in real time 3D massive scenes in a standard web browser with unrivalled quality rendering. This Solution will bring new capabilities to promote 3D models exploitation and tremendously increasing their usage. Requiring cheap devices, using less bandwidth and power processing yet providing better quality images, 3D data will be widely spread among all publics, opening new exploitation avenues to the benefit of general public, industries and consumers in worldwide.
 

8.2. Services
 

On the Website, any User can:

- Navigate on the Website;
- See 3D models created by others Users;
- Share 3D models on social networks thanks to a link or on a webpage thanks to an html code;
- Create an Account;
- Contact CINTOO 3D team.
 

From its Account, any User can:

- Like a 3D model;
- Upload its models;
- Publish its models;
- Change the model description;
-  
- Change the 3D view settings;
- Delete its models;
- Subscribe a Plan or upgrade it;
- Purchase Credits;
- Change its personal information.
 

For more information about the exact and complete content of each Service, Users are invited to consult the Website.
 

8.3. 3D processing
 

Users acknowledge and accept that:

- The quality of the original picture may not be fully restituted on the 3D model created due to the 3D processing;
- The 3D processing time will depend on the image size, how many uploads are simultaneous or pending or the desired level of accuracy.

 

ARTICLE 9. EQUIPEMENT
 

The use and maintenance of any telephone, computer, printer and other equipment necessary to access the Website is the responsibility of the User, which shall solely bear the costs thereof. CINTOO 3D shall not be held liable for any damage to any equipment in connection with the use of the Website.

 

ARTICLE 10. DATA
 
10.1. In the relationship between CINTOO 3D and the User, the latter ensures and warrants that it has obtained all necessary and appropriate consents and rights required under applicable law for the uploading, processing, use and transfer of the Data in the framework of its use of the Services. As such, the User is solely responsible for the quality, legality and appropriateness of the content and Data it transmits to CINTOO 3D in connection with its use of the Solution. As such, the User is solely liable in particular for:
• Compliance with public order and the good moral character of its uploading, provision, transfer and sharing of Data via the Solution;
• Compliance of such uploading, provision, transfer and sharing with the legislation, and in particular ensuring that it does not infringe on other people's rights.
 
10.2. Accordingly CINTOO 3D disclaims any liability for inaccuracies of Data collected and/or provided by the User, or transmitted by its Environment and, where applicable, the non-compliance of Data and/or content with the law and regulations, public order or the User’s needs.
 
10.3. In accordance with the Law of 6 January 1978, collection of personal data and the computer processing possibly carried out on said data by the Website have previously been declared to the Commission Nationale de l'Informatique et des Libertés (National Information Storage and Freedom Commission) under number: XXXXX. Anyone can access by writing to the CNIL, 21 rue Saint Guillaume, 75340 Paris cedex 07, or by e-mail to decweb@cnil.fr.
 
10.4. Creation of an Account implies collection a certain amount of Personal Data from Users. These Data may be used by CINTOO 3D to: (i) send the newsletter to Users; (ii) Process all or part of the proposed Services (including tracking orders); and (iii) compile statistics about their Services. The collection of said Personal Data may be made by the use of "cookie" files stored by the server which hosts the Website on the visitor's hard drive in order to facilitate navigation on the Website or constitute general statistical data relating to the traffic on the Website. Although they do not allow direct identification of the internet user, they are considered by the CNIL as Personal Data.
 

Information thus collected shall not be communicated or marketed to any third party, to the exclusion of legal cases which require a communication to judicial authorities. CINTOO 3D shall not keep any data to the exclusion of those which are necessary to invoicing and payment.
 

10.5. Each User shall have the opportunity to refuse registration of any such cookie by selecting the corresponding option in the browser's toolbar. The User is invited to do so if that is its will. In such a case, the ease of online surfing, loading of web pages, and the implementation of some applications may be altered.
 
10.6. Pursuant to Article 39 of Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, as amended by Act No. 2004-801 of 6 August 2004 (Article 5), any User has a right to access, modify, rectify and delete any data about it. These rights can be exercised, if necessary, with CINTOO 3D by letter sent to CINTOO 3D - 2000, Route des Lucioles, Les Algorithmes Bâtiment ARISTOTE A – 06410 BIOT; by phone at 0033489866921, or by e-mail by writing tocontact@cintoo3d.com

 

ARTICLE 11. INTELLECTUAL PROPERTY
 
11.1. Compliance with intellectual property rights
 

CINTOO 3D shall remain ownership of all intellectual property rights that are used to operate the Website, and more generally, all elements reproduced or used on the Website are protected by intellectual property laws.

Any reproduction, representation, use or adaptation in any form whatsoever, of all or part of said elements without prior written consent of CINTOO 3D, is strictly prohibited. The fact that CINTOO 3D does not initiate proceedings upon becoming aware of the unauthorized use does not constitute acceptance of said uses or waiver of legal proceedings.
 

11.2. Non-violation of Copyright - Copyright © - Links (owned by CINTOO 3D or its Partners)
 

This Website respects copyright and related rights, hereinafter "copyrights". All copyrights of protected works that are reproduced and communicated on the present Website apply worldwide. All uses of works other than individual reproduction and private consultation are prohibited without permission.
 

11.2.1. Reproduction on paper

Reproduction of the pages of the Website on paper (printing) is permitted for strictly private and non-commercial use only.
 

11.2.2. Electronic reproduction

Reproduction of all or part of the Website on an electronic medium is prohibited.
 

11.3. Links
11.3.1. Creating links to the Website

The CINTOO 3D Website authorizes the establishment of a hyperlink pointing to its contents, subject to:

- not using the "deep linking" technique, namely, that is to say pages of the Website must not be nested within pages of another Website, but accessible through the opening of another window;
- mentioning the source that shall open after clicking on the hypertext link directly from the targeted content;
- information must be used for personal, associative or professional purposes only;
- any use for commercial or advertising purposes is prohibited, unless express agreement of CINTOO 3D;
- such authorizations do not apply to websites displaying information that is controversial, pornographic, incite racial hatred or any form of discrimination or which in general, may be deemed offensive to the general public;
- for other uses, please contact CINTOO 3D.
 
11.3.2. Links pointing to other sites that are inserted in the Website

This Website may contain links to third party websites which are not controlled by CINTOO 3D. CINTOO 3D is in no manner liable for the content of other websites that Users may access from the Website. When the User accesses a website other than that of CINTOO 3D, it does so at its own risk and CINTOO 3D may not be held liable for the accuracy or reliability of the information, data, opinions, advice or statements made on said other site, nor the quality of products or services offered there. CINTOO 3D provides these links only as a convenience and the existence of such links does not imply that CINTOO 3D endorses or accepts any liability for the content or uses of such websites.
 

11.4. Limitations
 

All trademarks and other intellectual property rights pertaining to any content of the Website (including information, text, images, copyright and designs and models) and the structure of the Website belong to CINTOO 3D, or CINTOO 3D has been granted the right to use them by the holder of said rights. No use of this content and the intellectual property rights relating thereto is permitted without prior express written consent of CINTOO 3D thereto. All such rights are expressly reserved.
 

The User shall undertake to respect the intellectual property rights of CINTOO 3D on each CINTOO 3D Application Services and have these rights respected by third parties.

To do this and unless otherwise provided in the Contract, Users are expressly forbidden to:

- Sell, publish, display, disclose or make available to any third party the Website content made available by CINTOO 3D;
- Perform reverse engineering, decompiling or disassembling the Website content, except as expressly authorized by law;
- Use or copy the Website content by any manner which is not expressly authorized by CINTOO 3D;
- Lease, lend or use the Website content with the objective of sharing it or making it available to third parties hereto;
- Publish any test or analysis or evaluation of performance relative to the Website content without prior written permission;
- Access the source codes of the software characterizing the Website.
 

The User shall undertake to immediately notify CINTOO 3D of any infringement of intellectual property that it may notice.

The User acknowledges and accepts that access to the Website and the computer program(s) and software solution(s) that are made available by CINTOO 3D do not imply any assignment or licensing of intellectual property rights (and in particular, trademark rights of copyrights) or any other rights to the benefit of the User.

It is strictly forbidden to reproduce, distribute, transmit, publish, allow access by a link or hyperlink, or modify, adapt or correct the Website in any manner whatsoever without the express written authorization of CINTOO 3D. Any breach of the present clause may result in a violation of copyright, trademark right, or other intellectual property rights thus exposing the User to civil and/or criminal sanctions.

 

ARTICLE 12. CONFIDENTIALITY


All information, data, and documents of any kind provided by CINTOO 3D to the User for the purposes hereof, that was communicated orally, in writing or by an electronic means, is considered to be confidential, and includes, without limitation, any concept, design, industrial strategy, marketing plan, minutes of meetings, memorandum, analysis, model, drawing, prototype, sample, design, improvement, development, methodology, trademark, software, software package, and know-how, whether such information is protected or not under intellectual and industrial property laws.
 

Information not specifically designated as confidential shall be treated as such when it can be reasonably concluded that they provide third parties with a financial or competitive advantage, or where its disclosure may lead to financial loss for CINTOO 3D. The User shall be liable for the illegal acts of third parties nor other acts beyond its control that may lead to violations of the obligations of confidentiality.
 

However, the obligation of confidentiality do not apply to information:

- known by the User without an obligation of confidentiality, prior to their transmission by CINTOO 3D;
- legitimately obtained from third parties by the User;
- developed independently by the User;
- that is or becomes publicly available without breach of the commitments made by the Parties hereunder;
- disclosed in a reasonable manner to employees, providers or others for the purpose of performance hereof;
- disclosed in a reasonable manner to professional advisors;
- that must be disclosed by law or a competent authority.


The User shall have third party companies that directly or indirectly work on its computer systems or its servers, sign a confidentiality agreement to ensure the application of the present Article. CINTOO 3D may request a copy of these commitments from the other Party.
 

The User shall undertake to obtain confidentiality agreements concerning the confidential information defined above, from staff members who have knowledge or could have knowledge of the information through the performance of their functions or by any other means.

The provisions of the present clause shall remain in force for five (5) years after termination of this Contract, for any cause whatsoever.

 

ARTICLE 13. NOTIFICATION
 

All notices and notifications provided in this Contract shall be sent at the address indicated by CINTOO 3D at the top of this document, and at the address provided by the User at the time of subscription to the Services, regularly updated if need be, pursuant to the provisions herein.

All notifications made under this Contract shall be valid and be deemed received under the following conditions:

- Fax : upon receipt by the sender of a transmission report without error;
- Email : on the sending date;
- Registered letter with acknowledgement of receipt: the day following the date stamped on the acknowledgement of receipt.

 

ARTICLE 14. GOVERNING LAW AND JURISDICTION

The Contract shall be governed by the laws of France.
All disputes arising out of the present Contract shall be submitted, prior to any judiciary proceedings, to one or more conciliator(s), one appointed by each Party unless the Parties agree on a single conciliator.

For that purpose, in the event of dispute, either Party shall advise the other of the appointment of a conciliator by registered letter with acknowledgement of receipt, the recipient of notice shall, within height days notify the name its appointee. Failure to reply within this delay shall be deemed acceptance of the first Party’s appointment by the second Party.
 

Should the Party complained against fail to acknowledge receipt or withdraw at the Post office any registered letter with acknowledgement of receipt, the notification shall be made by any appropriate means.
Within a maximum of three (3) months following their appointment, the conciliator(s) shall endeavor to resolve the dispute and to bring the Parties to agree on an amicable solution.

Whatever the outcome of the conciliation, the conciliator(s) shall draft and sign a report of conciliation or a report of non-conciliation.

Failing such agreement within this delay, and subject to the submission of said record of non-conciliation, the dispute shall be referred to the Commercial Court of the place of CINTOO 3D’s registered office on the date of the writ, this Commercial Court shall ascertain the submission of said duly signed record in order to rule on the case.