May 26, 2022
This is an archived version of our Terms of Service. Check the current version.
I. ACCEPTANCE AND UPDATES
1. Acceptance
These 3Dme Terms of Service (“Terms of Service”) govern access to and use of and the website and mobile app of Imagoworks Inc. (“Imagoworks,” “we” or “our”)(collectively, “Imago Website” https://imagoworks.ai and https://3dme.ai) and the use of 3Dme services (“3Dme Service”) and the rights, obligations and necessary matters between users of 3Dme Service and Imagoworks.
By accessing 3Dme Service, including signing up as a user or clicking “agree,” you agree to and are bound by these Terms of Service. If you are accessing or using 3Dme Service on behalf of a business or entity, then “you” and “your” includes you and that business or entity. These Terms of Service are basically applied to all 3Dme Services, but separate terms and operating policies may be applied for each individual service to comply with relevant laws and regulations and to achieve the purpose of each service. If you do not agree with these Terms of Service, you may not use 3Dme Service.
2. Updates
Imagoworks may make changes to the Terms of Services from time to time, and if we do, we will notify you in accordance with Section 1 of Article IX. Unless otherwise noted, the amended Terms of Services will be effective immediately, and your continued use of 3Dme Service will confirm your acceptance of the changes. If you do not agree to the amended Terms and of Service, you may stop using 3Dme Service and withdraw your membership.
II. 3DME SERVICE
1. 3Dme Services
3Dme Service is a web-based artificial intelligence computer aided design platform. You can access 3Dme Service using a device that can connect to the internet, such as a personal computer, mobile phone, or tablet PC. Use of 3Dme Service may require compatible devices, periodic software updates, internet access and may be affected by the performance of these factors. You agree that meeting these requirements is your responsibility.
2. Scope
You acknowledge and agree that Imagoworks is neither a medical institution nor a healthcare provider and that 3Dme Service does not provide medical advice or diagnosis. 3Dme Service does not function as a substitute for a service that provides expert opinion or professional opinion in any way. Imagoworks recommends that users of 3Dme Service should seek professional advice or consult with medical experts along with using 3Dme Service.
You agree to use 3Dme Service only within the purpose permitted in accordance with these Terms of Service and further agree to use 3Dme Service only within the scope of the pertinent laws and regulations of the applicable country (and region) with jurisdiction.
In the event that your use of 3Dme Service or other activity threatens 3Dme Service or other systems of Imagoworks, Imagoworks shall have the right to take all measures to protect 3Dme Service or systems, including suspending your access to 3Dme Service. In the case of repeated threats to 3Dme or other Imagoworks systems, Imagoworks shall have the right to permanently prohibit your access.
3. Restrictions and Limitations
A. Imagoworks may restrict or suspend users’ access or use of 3Dme Services in the following cases:
When there is a high possibility of a service error;
The service is completely or partially unavailable for certain periods of time for reasons of planned or unplanned downtime, for maintenance or in case of technical difficulties;
Operation of the service is impossible due to Force Majeure event in accordance with Section 3 of Article IX;
Imagoworks must comply with relevant laws and regulations of a country/region with jurisdiction; and/or
In case of cancellation of Membership.
B. Moreover, Imagoworks is not responsible for any disruptions to 3Dme Service that are not attributable to Imagoworks. You agree that you will NOT use 3Dme Service to:
upload, download, post, email, transmit, store or otherwise make available any illegal health information content that is unlawful, invasive of another’s privacy, or otherwise objectionable;
impersonate or misrepresent yourself as another person, entity, Imagoworks employee, or otherwise misrepresent your affiliation with a person or entity when registering your account or using 3Dme Service;
engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
illegally collect health information without a patient’s explicit consent;
post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of 3Dme Service (or any part thereof), or any other Imagoworks software or hardware;
interfere with or disrupt 3Dme Service (including accessing 3Dme Service through any automated means, such as scripts or web crawlers), or any servers or networks connected to 3Dme Service, or any related Imagoworks policies or requirements, including these Terms of Service;
causing damage to 3Dme Service or its equipment (including through the transfer of any potentially malicious code), hijacking the operation of 3Dme Service, or monitoring the hardware, software, equipment, or otherwise limiting or prohibiting the ability of others to use 3Dme Service.
plan or engage in any illegal activity;
remove, blur, or modify copyright, trademark or other proprietary notices on Imago Website; and/or
gather and store any personal or heath information of any other user of 3Dme Service for any illegal activity or activity prohibited by these Terms of Service.
III. CONTENT
1. Ownership and License
3Dme Service allows you to upload, submit, store, send, receive, and/or share certain information including 3D scanned image, CT data, videos, images, photos and/or other materials relating to 3Dme Service (the “Content”). We do not have any ownership in any of your Content that you upload, submit, store, send, receive and/or share in your cloud server designated by 3Dme Service.
You retain any and all of your rights to any Content you upload, submit, store, send, receive, and/or share through 3Dme Service and you are solely responsible for protecting those rights. We take no responsibility and assume no liability for the Content you upload, submit, store, send, received and/or share through 3Dme Service. However, by uploading, submitting, storing, sending, receiving and/or sharing the Content using 3Dme Service, you grant us the right and license to use the Content to operate and improve functionality of 3Dme Service.
2. Representation and Warranties
You are responsible for the Content that you upload, submit, store, send, received, and/or share through 3Dme Service, including its legality, reliability, and appropriateness. By uploading, submitting, storing, sending, receiving and./or sharing Content on or through 3Dme Service, you represent and warrant that: (i) the Content is yours (you own it) and you have the right to use it and the right to grant us the rights and license as provided in these Terms of Service, and (ii) that the uploading of your Content through 3Dme Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
IV. MEMBERSHIP
1. Eligibility
3Dme Service is intended to be used by individuals or entities that are eligible to enter into a valid contract under the applicable law. Minors are, therefore, not allowed to become registered members of 3Dme Service. Applicants who lack capacity to enter into a valid contract are also expressly prohibited from creating the Account for 3Dme Service. We reserve the right to accept or reject your application to use 3Dme Service.
2. Account
In order to become a registered member of 3Dme Service, you must establish an account (the “Account”). You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account even if that activity is not by you or is without your knowledge or consent. You further acknowledge and agree that 3Dme Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. Imagoworks shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to use 3Dme Service, you must enter your ID and password to authenticate your Account. You agree to provide accurate and complete information when you register with, and as you use, 3Dme Service, and you agree to keep your Account information accurate and complete. Failure to provide accurate, current and complete Account information may result in the suspension and/or termination of your Account. You agree that Imagoworks may store and use your Account information you provide for maintaining and billing fees to your Account.
3. Type of Membership
There are free and paid memberships available for you. You may upgrade your free membership to a paid membership or cause a paid membership to revert to a free membership. Changing your level of membership will allow or suspend access to certain services or features.
Pricing policies of paid memberships shall be determined by the type of paid membership and may include use charges, payment method fees, and applicable taxes and surcharges.
All payments must be paid on time and you have the responsibility to provide correct and sufficient credit card information. If payment is not received in a timely manner, Imagoworks reserves the right to restrict all services to you or terminate your accessibility of the Account.
4. Cancellation of Paid Membership
If you choose to stop using 3Dme Service, you may cancel it by expressly notifying Imagoworks 14 days prior to the cancellation date of 3Dme Service.
V. PAYMENT TERMS
Subject to Section 2 of Article IV, the service fee (the “Service Fee”) for 3Dme Service is established in the Account and subject to change periodically in Imagoworks' discretion. Any taxes or duties related to the Service Fee incurred within your country shall be borne by the paid membership users.
If your billing information and payment source you provided to use 3Dme Service is invalid, if charges billed to you are declined or not paid, or you fail to pay the charges when due, the use of 3Dme Service may be suspended at our sole discretion until you have paid for all the used 3Dme Service.
VI. INTELLECTUAL PROPERYT RIGHTS
1. Intellectual Property Rights
You acknowledge and agree that Imagoworks owns all legal right, title and interest in and to 3Dme Service, including but not limited to graphics, user interface, scripts, and software used to implement 3Dme Service, and any software provided to you as a part of and/or in connection with 3Dme Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist, and all other materials that are stored, displayed or accessible on 3Dme Service through the Imagoworks’ website or mobile app. You further agree that 3Dme Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable laws, including but not limited to copyright and patent laws. You agree that you will not use the Software or other proprietary information and materials in any way whatsoever except for use of 3Dme Service in compliance with these Terms of Service. No portion of 3Dme Service may be reproduced in any form or by any means except as expressly permitted in these Terms of Service.
Imagoworks shall not be held liable for any infringement of intellectual property rights of third parties resulting from the creation of Content by users, or disputes on intellectual property rights between users arising from users using the Content of other users.
VII. INFORMATION COLLECTED BY IMAGOWORKS
1. Member Data
“Member Data” means any information that may be generated or encountered through the use of 3Dme Service, such as image scans, data files, written text, graphics, photographs, messages and any other materials. You understand that all Member Data, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Member Data originated. This means that you, and not Imagoworks, are solely responsible for any Member Data you upload, download, email, transmit, store or otherwise make available through your use of 3Dme Service. Imagoworks does not control the Member Data generated, used, or encountered as a result of the use of 3Dme Service, and Imagoworks does not guarantee the accuracy, integrity or quality of such Member Data. You understand and agree that your use of 3Dme Service and any Member Data is solely at your own risk.
You are further responsible for obtaining any necessary right and licenses for use of the Member Data by you and/or Imagoworks as contemplated in these Terms aof Service. You agree that you have the legal right and authority to access, use and disclose to Imagoworks any Member Data. You authorize Imagoworks to access, process, and use the Member Data as necessary to perform and fulfill its obligations hereunder.
As part of 3Dme Service, Imagoworks may need to transfer, store, copy, delete, or edit the Member Data to cloud services designated by Imagoworks. In addition, Imagoworks may index the Member Data in order to retrieve, protect, and back up the relevant data if required. By using 3Dme Service, users give Imagoworks the authority to manage their Member Data and related data.
You acknowledge and agree that Imagoworks may use data derived from or related to the Member Data to improve 3Dme Service or to develop new services, including but not limited to projection data from 2D data and depth data from 3D data.
2. Personal Information
You acknowledge that, except as described in these Terms of Service, the personal information you provide to us or that we collect may be used and protected as described in the Imagoworks Privacy Policy (the “Privacy Policy”).
You acknowledge and agree that we may access, preserve, or share any of your personal information when we believe in good faith that such sharing is reasonably necessary to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process (e.g., a subpoena or other legal process). We may also share your personal information in situations involving potential threats to the physical safety of any person, violations of the Privacy Policy or the Terms of Service; or to respond to the claims of violation of the rights of third parties and/or to protect the rights, property and safety of Imagoworks, our employees, users, or the public. This may involve the sharing of your personal information with law enforcement, government agencies, courts, and/or other organizations.
The subject to the Privacy Policy, you may request Imagoworks to view, correct, or delete your personal information at any time, and you may withdraw you consent to provide personal information to Imagoworks.
3. Anonymized Information
“Anonymized Information” refers to information that is no longer recognizable by using any other information given with reasonable time, cost, and technology. Users may provide or disclose Anonymized Information to Imagoworks and other users during the process of using 3Dme Service. For example, photographs in which it is impossible to identify a patient by any technical means may be considered Anonymized Information.
Imagoworks does not guarantee the anonymity of a person in the Anonymized Information provided or disclosed by the user, and all risks due to insufficient anonymization are the user's responsibility. It is your responsibility to confirm the appropriate level of anonymization before providing or disclosing Anonymized Information.
You acknowledge and agree that Imagoworks has the right to use Anonymized Information for new product and/or service development.
VIII. TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. Imagoworks is also free to terminate (or suspend access to) your use of 3Dme Service or your Account, for any reason in our discretion, including your breach of these Terms and of Service We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Service.
You may delete your Account by terminating your membership at any time. If you terminate your Account, your Account will permanently lose access to 3Dme Service. All expenses paid prior to your termination shall not be refunded. The termination of your Account does not exempt you from the obligation to pay expenses or charges generated prior to termination.
Imagoworks may, in its sole discretion, terminate or suspend all or part of the access authority of your Account and/or 3Dme Service without advance notice at any time in the following cases:
breach of these Terms of Service or other policies and guidelines posted on 3Dme Service and/or mentioned under these Terms of Service;
you request to cancel or terminate your Account;
by request and/or order of a judicial enforcement agency, judicial agency or other government agency;
unexpected technology or security problems directly caused by you;
your participation in fraudulent or illegal activities via 3Dme Service; or
failure to pay the expenses imposed on you in relation to 3Dme Service.
In addition, Imagoworks may, in its sole discretion, terminate your account with at least 30 days advance notice by email in the following cases:
Your Account has been inactive for one year or longer; or
There is a full or partial suspension of 3Dme Service.
If these Terms of Service expire or are terminated for any reason: (a) Imagoworks is not be liable to you or any third party regarding any losses inflicted by the termination of your account; (b) any and all of your liabilities to Imagoworks that have accrued before the effective date of the expiration or termination will survive; (c) licenses and use rights granted to you with respect to 3Dme Service and intellectual property will immediately terminate; (d) you may lose all access to 3Dme Service and any portions thereof, including, but not limited to, your Account and Member Data, (e) Imagoworks’ obligation to provide any further services to you under these Terms of Service will immediately terminate, except any such services that are expressly to be provided following expiration or termination of these Terms of Service.
Any other provisions that, by their nature, should survive termination of these Terms of Service shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, and any terms regarding ownership or intellectual property rights.
IX. DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNIFICATION AND TRADE RESTRICTIONS
Some jurisdictions do not allow the exclusion or limitation of liability by service providers. To the extent such exclusions or limitations are specifically prohibited by applicable law, some of the exclusions or limitations set forth below may not apply to you.
1. Disclaimers
Imagoworks shall use reasonable skill and due care in providing 3Dme Service. The following disclaimers are subject to this express warranty.
Imagoworks does not guarantee, represent, or warrant that your use of 3Dme Service will be uninterrupted or error-free, and you agree that from time-to-time Imagoworks may remove 3Dme Service for indefinite periods, or cancel 3Dme Service following the terms of these Terms of Service.
You expressly understand and agree that 3Dme Service is provided on an "as is" and "as available" basis. Imagoworks and its officers, directors, employees, agents, partners and licensors 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. In particular, Imagoworks and its officers, directors, employees, agents, partners and licensors make no guarantee that (i) the service will meet your requirements; (ii) your use of the service will be timely, uninterrupted, secure or error-free; (iii) any information obtained by you as a result of the service will be accurate or reliable; and (iv) any defects or errors in the software provided to you as part of 3Dme Service will be corrected.
Imagoworks does not represent or guarantee that 3Dme Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Imagoworks disclaims any liability relating thereto.
Any material uploaded, downloaded or otherwise obtained through the use of 3Dme Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device, computer, or loss of data that results from the download of any such material. You further acknowledge that 3Dme Service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by 3Dme Service could lead to death, personal injury, or severe physical or environmental damage.
You understand and agree that Imagoworks has no obligation to take security measures in accordance with jurisdictions’ health information laws. If you use 3Dme Service to upload, download, post, email, transmit, store or otherwise provide health information, you are solely responsible for doing so.
For the case of users in the European Union, Imagoworks shall not be responsible for your breach of any provisions of the GDPR while using 3Dme Service. You acknowledge and agree that you bear all responsibilities and obligations under GDPR to protect your customer information.
2. Limitations of liability
You expressly understand and agree that Imagoworks and its officers, directors, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, punitive damages or other intangible losses (even if Imagoworks have been advised of the possibility of such damages), resulting from: (i) the use or inability to use 3Dme Service (ii) any changes made to 3Dme Service or any temporary or permanent cessation of 3Dme service or any part thereof; (iii) the unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store and/or send or receive your transmissions or data on or through 3Dme Service; (v) statements or conduct of any third party on 3Dme Service; and (vi) any other matter relating to 3Dme Service.
3. Indemnification
You will defend, indemnify, and hold us, our affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third-party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees) arising from or related to, as applicable: (a) your access to and use of 3Dme Service; (b) violation of these Terms of Service by you or your authorized Account user(s), as applicable; (c) infringement of any intellectual property or other right of any person or entity by you; (d) the nature and content of all free and/or paid membership members data processed by 3Dme Service; or (e) any services or products purchased or obtained by you in connection with 3Dme Service.
Imagoworks retains the exclusive right to settle, compromise, and pay, without your prior consent, any and all claims or causes of action that are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
4. Trade Restrictions
You acknowledge that 3Dme Service and any related products, information, documentation, software, technology, technical data, and any derivatives thereof, that Imagoworks makes available (collectively “Excluded Data”) are subject to the export control and sanctions laws and regulations of the Republic of Korea and other countries that may prohibit or restrict access by certain persons or from certain countries (“Trade Restrictions”). You represent and warrant that you are not: (i) located in an embargoed country or territory, (ii) under the control of an entity organized in or a resident of an embargoed country or territory, or (iii) listed on any Republic of Korea government list of persons or entities with which the Korean persons are prohibited from transacting. You are solely responsible for complying with Trade Restrictions for all Excluded Data and any of its content transmitted through the Service.
X. GENERAL
1. Electronic Communications
You agree to receive all communications, agreements, and notices that we provide in connection with 3Dme Service (“Communications”), including, but not limited to, Communications related to our delivery of 3Dme Service via electronic means, including by e-mail or by posting them on 3Dme Service. You agree that all Communications we provide to you electronically satisfy any legal requirement that such Communications be in writing or be delivered in a particular manner and you agree to keep your Account contact information current.
2. Assignability.
You may not assign your rights or obligations, or delegate your responsibilities hereunder without Imagoworks’ prior written consent. If consent is given, these Terms of Service will bind your successors and assigns. Any attempt by you to transfer your rights, duties, or obligations under these Terms of Service except as expressly provided in these Terms of Service is void. Imagoworks may, at any time, freely assign its rights, duties, and obligations hereunder without notice to you.
3. Force Majeure
We will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money owed) on account of events beyond the reasonable control of Imagoworks, which may include without limitation denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes and material shortages, internet connectivity. We, if affected by the force majeure event, will provide notice to you within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.
4. Governing Law
These Terms and any dispute of any sort that might arise between you and Imagoworks will be interpreted in accordance with the law of the Republic of Korea without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction. These Terms of Service expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving 3Dme Service.
5. Jurisdiction and Venue
Any claim or dispute that between you and Imagoworks that arises out of or is related to 3Dme Service and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in Seoul, the Republic of Korea, and you hereby consent to, and waive all defense of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in Seoul, the Republic of Korea.
6. Entire Agreement
These Terms of Service and any documents expressly incorporated by reference constitute the final, complete, and exclusive expression of the agreement between you and Imagoworks regarding these Terms of Service. These Terms of Service supersede and the parties disclaim any reliance on previous oral and written communications (including any confidentiality agreements pertaining to 3Dme Service under these Terms of Service) with respect to the subject matter hereof and apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Imagoworks hereby rejects any additional or conflicting terms appearing in a purchase order or any other ordering materials submitted by you and conditions assent solely based on these Terms of Service as offered by Imagoworks. Except as explicitly permitted in these Terms of Service, no modification or amendment of these Terms shall be effective unless it is in writing and signed by Imagoworks.
7. Language and Translations
Imagoworks may provide translations of these Terms of Service or other terms or policies. Translations are provided for informational purposes and if there is an inconsistency or conflict between a translation and the English version, the English version will control.
8. Waiver
The waiver by either you or Imagoworks of any breach of any provision of these Terms of Service does not waive any other breach. The failure of any party to these Terms of Service to insist on strict performance of any covenant or obligation in accordance with these Terms of Service will not be a waiver of such party’s right to demand strict compliance in the future, nor will the same be construed as a novation of these Terms of Service.
9. Severability
If any part of these Terms of Service is found to be illegal, unenforceable, or invalid in any respect, the remaining portions of these Terms of Service will remain in full force and effect. If any material limitation or restriction on the grant of any license to you under these Terms of Service is found to be illegal, unenforceable, or invalid, the license will immediately terminate.
10. Changes to Terms of Service
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service. The most current version of the Terms of Service will be posted on 3Dme Service and it is your responsibility to check our website periodically for changes. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Service or via email. Your continued use of 3Dme Service following the effective date of any changes to these Terms of Service constitutes acceptance of those changes. If you do not agree to the new Terms of Service, you may stop using 3Dme Service.
11. How to Contact Us
If you have any questions or concerns about the Service or these Terms, please contact us at (contact@imagoworks.ai).
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