Terms of Use

Last update : 20 April 2021

Welcome to We3D (the "Application") which is operated by Technologies Shapeshift 3D Inc. (“S3D”, "we" or "us"). As a user (which we refer to as "you" or "user"), you agree to these terms of use by using the Application. This constitutes a contract between you and us. If you do not wish to be bound by these terms of use, you must stop using the Application.

1.Purpose of the Application

The Application is meant only to render three-dimensional images of body parts through a mobile device camera or sensors (“Scans”), for the sole purpose of obtaining personalized or customized products from S3D or S3D’s commercial partners (“Products”).

You may not use the Application for any other purpose. You may not create Scans representing another person if the person subject to the Scan did not accept these terms of use.

2.Grant of License

The Application and its content are provided to you under a license, which means that we allow you to copy and use the Application pursuant to the terms and conditions set forth in these Terms of Use, but you do not become the owner of any rights in the Application or its content.

We grant you a non-exclusive, non-transferable, revocable and non-sub-licensable license to install and run the Application on one or more mobile devices (or any other device designated by S3D as compatible with the Application) for the purposes permitted by these terms and conditions. You are authorized to make personal and non-commercial use of the Application for the purpose described in Section 1 hereof.

We may, in our sole discretion, terminate the license granted to you to use all or part of the Application or its content for any reason, including, without limitation, failure to comply with the terms and conditions of use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your license.

3.Personal Data

When you use the Application to create a Scan, we collect the information included in the Scan (a three-dimensional representation of the relevant body part) and a unique ID number.

If you provided your name, email address or any other data identifying you personally, this information is not kept by S3D but is transferred to the person or entity from which you ordered the Product(s) along with the unique ID number associated with your Scan. In some cases, another person may have ordered the Product(s) on your behalf (for example, you employer) in which case you should direct your questions to such person.

Any personal data collected through the Application by S3D will be processed by S3D in accordance with S3D’s privacy notice[BP1] . Personal data transferred to a third-party is governed by their own privacy policy or similar document. For more details about our processing of personal data and that of our commercial partners, you should review our privacy notice and that of our commercial partners.

4.Services

The license to the Application does not include any professional services or technical support. We may provide advice or technical support to our users at our sole discretion and on terms determined at our sole discretion, but we make no commitment in this regard.

5.Updates

Updates to the Application may be made available by S3D at its sole discretion. Any installed updates are subject to these Terms and Conditions or to terms and conditions modified in accordance with Section 18. We do not warrant that any version of the Application will be compatible with your device.

6.Our Content

The content available through the Application is our property or is used by S3D under license.

The license hereby granted does not give you the right to use, modify, copy, perform, transmit, transfer, display, provide, reproduce, publish, sell or otherwise distribute any content included in the Application (including, without limitation, photos, text, illustrations, sounds or video clips) or obtained through the Application other than for your personal use of the Application in accordance with these Terms of use. You may not license or sublicense the content available through the Application or create content derived from the content of the Application without our prior written consent.

7.Prohibited Use

You may not use the Application for any purpose that is illegal or that is not expressly permitted under these Terms of Use. You agree to comply with all laws and regulations applicable to you in connection with your use of the Application.

Without limiting the generality of the foregoing, you are also prohibited from using the Application or permitting any third party to use the Application to :

Create Scan(s) involving individuals that have not accepted these Terms of use;
Participate in commercial activities or operate a business;
Distribute or make available to the public (whether free of charge or for a fee) the Application or the information and content available through the Application;
Conduct competitive research or benchmarking;
Participate in the development of an Application, software or learning program offering features similar to those of the Application;
Participate in the transmission of spam, or unsolicited mass e-mail communications;
Send or disseminate any computer code that is malicious or intended to cause harm;
Solicit passwords or other confidential information from others;
Interfere with or disrupt the operation of the Application or any server or network involved in the operation of the Application;

8.Feedback

If you choose to communicate with us about improvements to the Application or our services or about new products and services (we will refer to such communications as "Feedback"):

we will be entitled to use you Feedback without restriction, without any obligation to consult with you or to pay you;
you irrevocably assign to us any right, title and interest you may have in the Feedback and waive any moral rights in the Feedback;
you warrant that your Feedback do not contain confidential information that you are not authorized to disclose.

9.External Content

The Application may contain links to websites or other mobile applications owned and operated by third parties. We have no control over these sites and are not responsible for their content. We link to external sites only to facilitate navigation and the availability of a link does not imply that we endorse the content of a website.

10.No Warranty

You acknowledge that your use of the Application is at your own risk. The Application is provided "as is" and without warranty of any kind, whether express or implied, except for warranties, if any, which cannot be disclaimed under applicable law.

We do not warrant that access to the Application will be uninterrupted or secure and that the content available through the Application will be error-free, accurate, complete, and current.

We do not make any representation or warranty about results that may be obtained through your use of the Application.

11.Limitation of Liability

(Not applicable to consumers in the Province of Quebec)

To the extent permitted by law, you agree that in no event shall S3D, its directors, employees or officers be liable for any damages of any kind, including, without limitation, damages for loss of use of data, loss of profits, loss of goodwill, loss of anticipated savings arising out of the use or performance of the Application or the inability to obtain or use the Application. If you are dissatisfied with all or part of the Application, or with any of the terms and conditions of these Terms of Use, your sole and exclusive remedy is to stop using the Application.

12.Indemnification

You agree to indemnify S3D, its affiliates, directors, officers, shareholders, employees, agents and licensors from and against all damages, claims, liabilities, losses, costs, expenses, demands, fines, penalties and liabilities, including reasonable legal fees and expenses that would result from any alleged breach by you of these Terms of use.

13.Duration and Termination

The contract created by these terms of use shall remain in effect as long as you use the Application. We may terminate this agreement at any time by giving you written notice.

14.Assignment

You may not assign your rights and obligations under these Terms of Use. We may assign our rights and obligations to a third party by notifying you by email.

15.Notice

Any notice required or permitted to be given under these Terms and Conditions shall be in writing, in the case of S3D, to the following email address: info@shapeshift3d.com

16.Applicable Law and Jurisdiction

These terms and conditions and all related transactions shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein.