Effective: December 16, 2020
Welcome! Scaniverse (the “App”) is a mobile application made by Toolbox AI, Inc. (“Toolbox AI”, “we”, “us”, “our”), a technology company that aims to build the future of photography by allowing people to capture and share their experiences in new ways. Scaniverse can be used to create models, photos, videos, text, and other content (collectively, “Content”).
You must be age 13 or older to use the App. We do not target the App to children under 13, and we do not permit anyone under 13 to use the App. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
Compliance with Laws and Regulations
Your use of the App must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the App is in compliance with laws and any applicable regulations.
You agree that you will not under any circumstances use the App to upload, post, or transmit any content that:
- is unlawful or promotes unlawful activities;
- is or contains sexually obscene content;
- is libelous, defamatory, or fraudulent;
- is abusive toward any individual or group;
- contains or installs any malware or exploits; or
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
While using the App, you agree that you will not under any circumstances:
- harass, abuse, threaten, or incite violence towards any individual or group;
- use the App or our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers;
- violate the privacy of any third party, such as by posting another person’s personal information without consent.
Ownership of Content
You retain ownership of all Content that you create using Scaniverse (“Your Content”), and you are solely responsible for any harm resulting from Your Content.
If you request that we publish, share, or host Your Content, you grant us the right to store, transmit, and display Your Content and make incidental copies as necessary to fulfill your request. This license does not grant us the right to sell Your Content.
Toolbox AI Content
Toolbox AI and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the App. We reserve all rights that are not expressly granted to you under these Terms or by law.
Disclaimer of Warranties
Toolbox AI provides the App “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the App including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Toolbox AI does not warrant that the App will meet your requirements; that the App will be secure, or error-free; that the information provided through the App is accurate, reliable or correct; that any defects or errors will be corrected; that the App will be available at any particular time or location; or that the App is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the App.
Limitation of Liability
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:
- the use, disclosure, or display of Your Content;
- your use or inability to use the App;
- any modification, price change, suspension or discontinuance of the App;
- the App generally or the software or systems that make the App available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the App;
- any other user interactions that you input or receive through your use of the App; or
- any other matter relating to the App.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in these Terms is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
Release and Indemnification
If you have a dispute with one or more Users, you agree to release Toolbox AI from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the App, including but not limited to your violation of these Terms, provided that Toolbox AI (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Toolbox AI of all liability); and (3) provides to you all reasonable assistance, at your expense.
Changes to These Terms
Except to the extent applicable law provides otherwise, these Terms and any access to or use of the App are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and Toolbox AI agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Diego, California.
If any part of these Terms is held invalid or unenforceable, that portion of these Terms will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Toolbox AI to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.