Terms of service
APP USER TERMS AND CONDITIONS 3DABOUTME B.V.
Version/Last update: November 2016
1.1 3DABOUT.me: 3DABOUT.me B.V., a limited liability company incorporated under the laws of The Netherlands. The company is registered with the Dutch Chamber of Commerce (‘Kamer van Koophandel’) under registration number 64063739. The company’s registered office is at Prinsengracht 189B, 1015DS, Amsterdam, The Netherlands.
1.2 App: Mobile application software developed and offered by 3DABOUT.me. Via this App, 3DABOUT.me assists users to order the right fit footwear when shopping online. On the basis of three pictures of a foot, made from specific angles, the App is able to construct a 3D model of the foot of the User in question. The App matches this 3D model to the measurements of footwear made available by manufacturers. As a result, the App can give real-time advice about what size Users should order.
1.3 User: Private person making use of the App.
1.4 App Terms: Terms and Conditions which apply to the use of the App.
1.5 Input: Any data submitted by User regarding physical measurements, photos from User’s foot in particular.
2 APPLICABILITY AND ACCEPTANCE
2.1 By installing the App, you, User, agree to be bound by these App Terms. Please review these App terms carefully before you accept the applicability thereof by installing the App.
3 CREATING AN ACCOUNT
3.1 Before being able to submit Input and subsequently get real-time advice on what size to order, User must create a personal account via the App. Personal accounts are solely meant for private, non-commercial use.
3.2 In order to create a personal account, User shares his/her email address. User can also choose to share his/her geo-location.
3.3 3DABOUT.me may suspend or annul personal accounts at any time, in particular if 3DABOUT.me has reasons to believe that the account is created with false data or otherwise used for fraudulent purposes.
4 CONDITIONS OF USE
4.1 User will not, nor allow third parties on User’s behalf to
(i) make and distribute copies of the App;
(ii) attempt to copy, rent, sub-license, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the App; or
(iii) create derivative works of the App of any kind whatsoever.
4.2 3DABOUT.me reserves the right to amend or withdraw the App, or charge for the App or service provided to User in accordance with these App Terms, at any time and for any reason.
4.3 User acknowledges that the terms of agreement with User’s respective mobile network provider (‘Mobile Provider’) will continue to apply when using the App. As a result, User may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App, or any such third party charges as may arise. User accepts responsibility for any such charges that arise.
4.4 If User is not the bill payer for the mobile telephone or handheld device being used to access the App, User will be assumed to have received permission from the bill payer for using the App.
5 DATA PROTECTION AND PRIVACY
6 INTELLECTUAL PROPERTY RIGHTS AND LICENSE
6.1 All trademark rights, copyright, database rights and any other intellectual property rights of any nature vesting in the App together with the underlying software code, are exclusively owned by 3DABOUT.me.
6.2 3DABOUT.me hereby grants User a worldwide, non-exclusive, non-transferrable royalty-free revocable license to use the App for personal use in accordance with these App Terms.
7 AVAILABILITY OF APP, DISCLAIMER OF WARRANTIES
7.1 This App is available to handheld mobile devices running Apple iOS and Android OS Operating Systems – also see article 8. 3DABOUT.me will take reasonable efforts to make the App available at all times. However, User acknowledges the App is provided over the internet and mobile networks and thus the quality and availability of the App may be affected by factors outside 3DABOUT.me’s reasonable control.
7.2 3DABOUT.me does not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.
7.3 3DABOUT.me will not be responsible for any support or maintenance for the App.
7.4 To the maximum extent permitted by law, 3DABOUT.me hereby disclaims all implied warranties with regard to the App. The App and software are provided “as is” and “as available” without warranty of any kind.
8 SYSTEM REQUIREMENTS
8.1 In order to use the App, User is required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’).
8.2 The Software Requirements are as follows: Apple iOS devices running iOS 8 and higher up to 8, and Android OS devices running Android OS 4.1 up to OS 6.1; Language: English.
8.3 The version of the App software may be upgraded from time to time to add support for new functions and services.
9 LIMITATION OF LIABILITY
9.1 3DABOUT.me is in no event liable for any direct, indirect, punitive, exemplary or consequential losses or damages of what kind whatsoever, arising out of
(i) the actions or inactions of App Users;
(ii) the situation where Users mobile device is stolen and any third party subsequently makes use of User’s personal account;
(iii) failure to meet any of 3DABOUT.me’s obligations under these Terms where such failure is due to events beyond 3DABOUT.me’s control (for example a network failure);
(iv) any damage or alteration to User’s equipment, including but not limited to computer equipment, handheld device or mobile telephones, as a result of the installation or use of the App.
9.2 Nothing in these App Terms shall exclude or limit 3DABOUT.me’s liability which cannot be excluded or limited under applicable law.
10.1 These App Terms are exclusively governed by the laws of The Netherlands. Any disputes or claims arising out of or related to these App Terms shall exclusively be submitted to the competent court in Amsterdam.
10.2 If any provision of these App Terms shall be deemed unlawful, void or otherwise unenforceable, then such provision shall be deemed severable from these App Terms and shall not affect the validity and enforceability of any remaining provisions.