Effective since 04.04.2024
These Terms of Service (hereinafter “the/this Agreement”) are a binding contract between you (“Customer,” or “you”) and J3d.ai Labs OÜ (“J3d.ai,” “we,” or “us”). This Agreement shall regulate all legal relations created between the J3d.ai and the Customer when the latter uses, has used or has expressed intent to use the Services of the J3d.ai. The capitalised terms and expressions used in the Terms of Service have the meanings set forth in Section 1 of the Terms of Service, unless expressly otherwise stated or evident in the context.
This Agreement takes effect when you sign up for the Services by submitting your information for the registration of a Services Account or by accessing or using the Services (the Effective Date). By registering your Services Account or by accessing or using the Services you (a) acknowledge that you have read and understand this Agreement; (b) represent and warrant that you have the right, power, and authority to enter into this Agreement and, if entering into this Agreement for an organization, that you have the legal authority to bind that organization; and (c) accept this Agreement and agree that you are legally bound by its terms.
If you do not agree to these terms, please select the “I decline” button below, or do not access or use the Services. If you do not accept these terms, you may not access or use the Services.
Authorized User – the Customer’s employees, consultants, contractors, and agents (i) who are authorized by the Customer to access and use the Services under the rights granted to the Customer pursuant to this Agreement and (ii) for whom access to the Services has been purchased or otherwise granted hereunder.
Confidential Information – any information about either party’s business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, whether or not marked, designated, or otherwise identified as “confidential” at the time of disclosure. Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving party; (c) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (d) independently developed by the receiving party.
Customer – a person who is using, has used or has expressed intent to use the Services provided by the J3d.ai and your Authorized Users.
Intellectual Property Rights - all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
J3d.ai – J3d.ai Labs OÜ, with Estonian Business Register registry code 16727690, and postal address Aru tn 19b-3, Tallinn 10318, Harju County, Estonia.
J3d.ai Website – J3d.ai’s website which is available at https://www.j3d.ai/.
J3d.ai’s Property – includes the Services, Services Data and all other content, materials and software supplied by J3d.ai in connection with, or used by J3d.ai in providing the Services.
Privacy Policy – J3d.ai’s privacy policy which is available at https://www.j3d.ai/privacy-and-policy.
Services – a service accessible via the J3d.ai Website and managed by J3d.ai, via which the Customer can request to use or use the Services provided by the J3d.ai.
Services Account – a virtual account created for the Customer and/or its Authorized Users to access and use the Services.
Services Data - means J3d.ai’s user manuals, handbooks, guides, FAQs, instructional videos, relating to the Services provided by J3d.ai to Customer electronically and relating to the Services available at https://www.j3d.ai/.
Term - the term of this Agreement, which will commence on the Effective Date and continue for the period of the Customer's active subscription or Services Account to the Services.
Applicability and Eligibility. This Agreement shall apply to all activities and actions taken by J3d.ai and the Customer in connection with the Services and Services Account. You must read and agree to this Agreement before using the Services. If you do not agree, you may not use the Services. You may use the Services only if you can form a binding contract with J3d.ai, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Services by anyone under 18 years old is strictly prohibited and in violation of this Agreement.
Provision of Access. Subject to and conditioned on your payment of fees, if applicable, and compliance with all the terms and conditions of this Agreement, J3d.ai hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services during the Term solely for your personal use or internal business operations by Authorized Users in accordance with the terms and conditions herein. J3d.ai shall provide you with the necessary passwords and access credentials to allow you to access the Services.
Use of Services Data. Subject to the terms and conditions contained in this Agreement, J3d.ai hereby grants a non-exclusive, non-sublicensable, non-transferable license for Authorized Users to use the Services Data during the Term solely for your personal use or internal business purposes in connection with the use of the Services.
Services Account. Your Services Account gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. If you open a Services Account on behalf of a company, organization, or other entity, then “you” includes you and that entity. By connecting to J3d.ai with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another Customer’s Services Account without permission. When creating your Services Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Services Account, and you must keep your Services Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Services Account. You must notify J3d.ai immediately of any breach of security or unauthorized use of your Services Account or if any data submitted by you has changed compared to data previously submitted by you. J3d.ai shall assume the correctness and/or accuracy of the Customer’s data at J3d.ai’s disposal. J3d.ai will not be liable for any losses or harm caused by any unauthorized use of your Services Account or incorrect data in relation to your Services Account.
You may control your Services Account profile and how you interact with the Services by changing the settings on your settings page. By providing J3d.ai your email address you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt-out or change your preferences on your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Restrictions in Access and Use of Services. You shall not, and shall not permit any Authorized Users to engage in any of the following prohibited activities: (i) copying, distributing, selling, reselling, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the J3d.ai system and/or servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) uploading invalid data, viruses, worms, or other software agents through the Services; (vi) collecting or harvesting any personally identifiable information or other personal information, including account names, from the Services; (vii) using the Services for any unlawful commercial solicitation purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Services; (x) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xi) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
Reservation of Rights. J3d.ai reserves all rights not expressly granted to the Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to the Customer or any third party, any intellectual property rights or other right, title, or interest in or to the J3d.ai’s Property.
Suspension of the Services. Notwithstanding anything to the contrary in this Agreement, J3d.ai may, in its sole discretion and without notice, temporarily suspend or permanently terminate Customer’s and any other Authorized User’s access to any portion or all of the Services for no reason or for any reason, including but not limited to if:
J3d.ai reasonably determines that:
there is a threat or attack on any of the J3d.ai’s Property;
Customer’s or any other Authorized User’s use of the J3d.ai’s Property disrupts or poses a security risk to the J3d.ai’s Property or to any other customer or vendor of J3d.ai;
Customer or any other Authorized User is using the J3d.ai’s Property for fraudulent or illegal activities;
subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or
J3d.ai’s provision of the Services to Customer or any other Authorized User is prohibited by applicable law;
any vendor of J3d.ai has suspended or terminated J3d.ai’s access to or use of any third-party services or products required to enable Customer to access the Services; or
in accordance with Section 6.
Changes of the Services. We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Processing of Personal Data. The Parties acknowledge that use of the Service does not require J3d.ai to process any information relating to an identified or identifiable natural person that relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular natural person ("Personal Data") on behalf of Customer. In other words, the Customer acknowledges that input that contains Personal Data is not needed in order to make effective use of the Services. However, if Customer wishes to submit Personal Data to J3d.ai for processing on its behalf, or otherwise J3d.ai is found to be collecting, using, storing or processing Personal Data under the applicable law, such activities will be in accordance with J3d.ai’s Privacy Policy which is accessible at: https://www.j3d.ai/privacy-and-policy. Upon termination or suspension of the Services in relation to your Services Account, J3d.ai has no obligation to store, maintain or release any information in relation to your Services Account, unless such obligation arises from the applicable law.
Privacy Policy. J3d.ai complies with its Privacy Policy in providing the Services. The Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through the Services, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.
Intellectual Property Rights. J3d.ai’s Property and all Intellectual Property Rights related thereto are the exclusive property of J3d.ai and its licensors (including other Users who post content to the Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any J3d.ai’s Property. Use of the J3d.ai’s Property for any purpose not expressly permitted by this Agreement is strictly prohibited. In furtherance of the foregoing, you hereby unconditionally and irrevocably grant to J3d.ai an assignment of all rights, titles, and interests in and to the data and information related to Customer’s use of the Services, including all Intellectual Property Rights relating thereto.
The Customer undertakes to do not:
sell, resell, rent, lease, or otherwise distribute any portion of the Service;
use the Services other than in accordance with the Services Data or in a manner that interferes with, unduly burdens, or disrupts the integrity, performance, or availability of the Service;
attempt to gain unauthorized access to the Services or to J3d.ai’s or its third-party suppliers’ related systems or networks;
access any portion of the Services for the purpose of building a similar or competitive product or service, or monitor the Services for any benchmarking or competitive purpose;
introduce, disseminate, or otherwise enable any viruses, Trojan horses, spyware, worms, malware, spam, or malicious code using the Service;
copy, modify, translate, or create a derivative work of any J3d.ai’s Property;
reverse assemble or otherwise attempt to discover the source code or underlying components of models, algorithms, or systems included in the J3d.ai’s Property;
submit any sensitive Personal Data (including government-issued identification numbers, financial account information, payment card information, and personal health information) to the Services;
mislead any person that the output of the Services was human-generated; or
alter, remove or violate any copyright or other intellectual property notice appearing in connection with the Services.
The Customer understands that they are responsible and liable for all uses of the Services and Services Data resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you will be deemed a breach of this Agreement by you. You shall use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services and shall cause Authorized Users to comply with such provisions.
The Customer undertakes to keep their passwords and access credentials associated with the Services confidential. The Customer is responsible for notifying J3d.ai promptly about any unauthorized access to their passwords or access credentials.
Indemnification. The Customer shall defend, indemnify and hold harmless J3d.ai and its affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
the Customer or the Customer’s Authorized Users’ use of and access to the Services, including any data or content transmitted or received by the Customer or the Customer’s Authorized Users;
the Customer or the Customer’s Authorized Users’ violation of any term of this Agreement, including without limitation the Customer or the Customer’s Authorized Users’ breach of any of the representations and warranties above;
the Customer or the Customer’s Authorized Users’ violation of any third-party rights, including without limitation any right of privacy or Intellectual Property Rights;
the Customer or the Customer’s Authorized Users’ violation of any applicable law, rule or regulation;
any content that is submitted via the Customer or the Customer’s Authorized Users’ Services Account including without limitation misleading, false, or inaccurate information;
the Customer or the Customer’s Authorized Users’ willful misconduct; or
any other party’s access and use of the Services with the Customer or the Customer’s Authorized Users’ unique username, password or other appropriate security code.
Payment Policies. The Customer acknowledges that certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to our pricing and payment terms available at the intelligence subscription model displayed on the website, as we may update them from time to time. J3d.ai may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing and payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
Suspension of the Services. J3d.ai may suspend or terminate your Services Account or your access to the Services if you fail to pay for the Services which are provided for a fee or other charge.
From time to time, J3d.ai and the Customer may disclose or make available to the other party Confidential Information. The receiving party shall not disclose the disclosing party’s Confidential Information to any person or entity, except to the receiving party’s employees who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder and who are required to protect the Confidential Information in a manner no less stringent than required under this Agreement. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required:
to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or
to establish a party’s rights under this Agreement, including to make required court filings.
Each party’s obligations of non-disclosure with regard to Confidential Information are effective as of the date such Confidential Information is first disclosed to the receiving party and will expire five years thereafter; provided, however, with respect to any Confidential Information that constitutes a trade or business secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade or business secret protection under applicable law.
To the maximum extent permitted by applicable law, in no event will J3d.ai be liable under or in connection with this Agreement under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or otherwise, for any:
consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages;
increased costs, diminution in value or lost business, production, revenues, or profits;
loss of goodwill or reputation;
use, inability to use, loss, interruption, delay or recovery of any data, or breach of data or system security; or
cost of replacement goods or services, in each case regardless of whether J3d.ai was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable.
Under no circumstances will J3d.ai be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or your Services Account or the information contained therein.
To the maximum extent permitted by applicable law, J3d.ai assumes no liability or responsibility for any:
errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Services;
any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
any interruption or cessation of transmission to or from the Services;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third-party; and/or
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services.
The legislation in force in the Republic of Estonia applies to these Terms of Service, this Agreement and other agreements entered into between J3d.ai and the Customer, unless stated otherwise.
Any disputes between J3d.ai and the Customer arising out of or in connection with the Terms of Service and this Agreement or other agreements concluded between J3d.ai and the Customer shall be settled by negotiations. A dispute that the parties are unable to resolve through amicable negotiations within a reasonable period of time shall be settled in the competent court of the Republic of Estonia.
Severability. This Agreement, together with any amendments and any additional agreements you may enter into with J3d.ai in connection with the Services, shall constitute the entire agreement between you and J3d.ai concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction.
Amendments. You acknowledge and agree that we have the right, in our sole discretion, to modify this Agreement from time to time, and that modified terms become effective on posting. We will notify you of material modifications through direct email or visible banner in the Services Account. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Services after the effective date of the modifications will be deemed acceptance of the modified terms. J3d.ai will provide at least 30 days’ advance notice of changes to any service level that J3d.ai reasonably anticipates may result in a material reduction in quality or services.
Notices. Unless otherwise provided for in this Agreement, any notices to us must be sent to hello@j3d.ai or to our official address at Aru tn 19b-3, Tallinn 10318, Harju County, Estonia and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from us. J3d.ai may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by J3d.ai in our sole discretion. J3d.ai reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement. J3d.ai is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.