Terms And Conditions

Welcome to Scapic’s Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services. Scapic’s services are provided by Scapic Innovations Private Limited., an Indian corporation ("Scapic," “we,” or “us”). These Terms of Service (“Terms”)

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. Scapic offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use. It is important that you carefully read and understand these Terms. By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Services.

We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at hello@scapic.com

Table of Contents

  1. General Conditions
  2. Ownership of Scapic Content
  3. User Content
  4. User Restrictions and Obligations
  5. Warranty Disclaimers, Limitations of Liability, Indemnity
  6. Intellectual Property Claims
  7. Modifying and terminating the Services
  8. Other Websites and Services
  9. Applicable law and jurisdiction; Arbitration
  10. Amendment
  11. Miscellaneous

1. General Conditions

1.1 Description of Services. 

Scapic is pleased to offer free services ("Free Services") with limited functionality, as well as various tiers of paid services ("Paid Services") plans with enhanced functionality. Detailed descriptions of the Free Services and Paid Services plans, including pricing, duration, and features, are available at www.scapic.com/pricing.

1.2 Account

A Scapic account is required in order to take full advantage of the Services. The account can be created directly by filling out the appropriate form, or via third-party website accounts such as Google or Facebook. You agree to provide only accurate and true information in connection with the creation of your account, and to update your information as necessary so it remains accurate and current. You may not transfer your account to any third party. You are responsible for keeping your account login information confidential and for any and all activities that occur under your account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or other breach of security on the Services. You will have the ability to pick an available username to link to your account. Please note that Scapic retains the right at any time to deactivate, reallocate or rename your username at its sole discretion. In the event of the deactivation, reallocation or renaming of your username all your User Content and Services shall continue to remain associated with your account, subject to the terms of this Agreement.

1.3 Access

We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, in accordance with this Agreement hereof, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.

1.4 Minors

THE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER 13, and persons under the age of 13 are prohibited from registering with or using the Services. You represent and warrant that you are more than 18 years of age or, if you are above 13 and below 18 years of age, you are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.

2. Ownership of Scapic Content

2.1 Generally

By using the Services, you will encounter "Scapic Content," which includes all of the images, text, information, data, audio, video, graphics and other material included on or otherwise made available through the Services, excluding User Content. "User Content" includes all the 3D models, images, audio, and related content, as uploaded by Users, that make up the Services. Except as otherwise set forth in this Agreement, we do not claim ownership over any User Content.

2.2 Ownership

All Scapic Content is owned by Scapic. or its licensors, and is protected by Indian and international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and Scapic and its licensors, Scapic or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all Scapic Content that we or our licensors create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. The trademark SCAPIC and all associated logos and the other trademarks, service marks, logos and trade names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of Scapic. or third parties in the India and/or other countries. Your use of the Services does not grant you any ownership over any Scapic Content, and except for the limited license we grant you under this Agreement, your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of Scapic or any third party. We reserve all rights not expressly granted to you in this Agreement.

2.3 Service and Content License

We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided to you by us, only as set forth in this Agreement. Except as expressly permitted in this Agreement, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services or Scapic Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or Scapic Content without express prior written permission from us or the applicable rights holder is strictly prohibited.

2.4 Software

All software and software-as-a-service (SAAS) used in connection with the Services ("Software") is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decomplication, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited. You agree that we may update the Software without notice, at any time and in our sole discretion, and that this Agreement will apply to any updated versions.

3. User Content

During the operation of the Services, Users may upload certain User Content. Including 3D models. You remain the owner of your User Content at all times, and Scapic does not claim any ownership rights in your User Content. User Content is otherwise subject to the following provisions. This Agreement applies to all the User Content that you contribute onto our Website during the term of this Agreement.

3.1 Generally

You are solely responsible for ensuring that any User Content you submit to the Services complies with any applicable laws and third-party rights including but not limited to any intellectual property rights, privacy rights and publicity rights. You agree that any information. included in your User Content may be used in accordance with our Privacy Policy. Scapic always has the right, in its sole discretion, to accept or reject any given User Content.

3.2 User Content License

3.2.1 Use by us

By using the Services, you grant Scapic a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) right and license to use, reproduce, publicly display, distribute and adapt the User Content for the purposes of developing, distributing, providing, improving, and promoting the Services, our activities and your User Content. You further grant Scapic the right to use your name and trademarks, if any, in connection with our use of your User Content.

3.2.2 Use by others for free

By using the Services, you grant Scapic a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) right and license to use, reproduce, publicly display, distribute and adapt the User Content for the purposes of developing, distributing, providing, improving, and promoting the Services, our activities and your User Content. You further grant Scapic the right to use your name and trademarks, if any, in connection with our use of your User Content.

3.3 User Representations

By submitting User Content, you represent and warrant that (i) you own or otherwise control all of the rights to your User Content, (ii) the use of your User Content does not violate this Agreement or the law, and will not violate any rights of or cause injury to any person or entity, (iii) your User Content will not violate the additional content restrictions set forth in Section 5 of this Agreement, and that (iv) to the greatest extent permitted by law, You hereby irrevocably and unconditionally waive any and all moral rights whatsoever, or any rights of a similar nature, in your User Content, for the benefit of or in favour of Scapic, .including any right to be associated with your User Content (right of paternity) or any right to restrict or prevent the modification or use of your User Content in any manner whatsoever (right of integrity). To the extent You retain any such moral rights under applicable law, you hereby agree not to assert them against Scapic or other Scapic users in any manner whatsoever.

3.4 User Feedback

We appreciate your feedback and suggestions about our Services, but you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you.

3.5 Right to Monitor, Moderate or Remove

You agree that you bear all risks associated with your User Content. You are solely responsible for safeguarding your User Content, and Scapic has no duty to store copies of User Content for future availability to you or any user except as otherwise provided under this Agreement. Scapic does not permit the infringement of intellectual property rights on the Services and will remove User Content from the Services if properly notified that such User Content infringes on another's intellectual property rights. We reserve the right to remove User Content from the Services, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a User pursuant to Section 8 of this Agreement, we reserve the right to terminate the account of any User of the Services who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice. We also reserve the right to decide whether User Content is appropriate and complies with this Agreement for violations other than violations of intellectual property law. This shall extend to the right of Scapic to edit, modify, moderate, re-format, change or otherwise remove all or part of the descriptions, comments and/or annotations that You and/or third parties add and/or make in relation to your User Content, in any manner that We may determine, whenever We deem it appropriate.

4. User Restrictions and Obligations

It is important to us that the Services be used safely, and in accordance with the law, for the enjoyment of all Users. You agree that you will not use the Services to:

  1. Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, Scapic Content, and User Content except as permitted by this Agreement;
  2. Promote any illegal activity, or advocate, promote or assist any unlawful act;
  3. Violate the legal rights (Including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy;
  4. Transmit any material or content that is pornographic, threatening, harassing, libellous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal;
  5. Transmit any material or content that is inappropriate for families or otherwise suitable only for adults, except where such content is appropriately labelled as "Age-restricted" filter and conforms to the Scapic Age-Restricted Content Policy;
  6. Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
  7. Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
  8. Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  9. Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods;
  10. Use the services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or Scapic's computer or networking systems, (c) will divert of the Services' system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or Scapic's computer or networking systems.
  11. Intrude into a third party's computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party's computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans);
  12. Otherwise use the Services for purposes other than those for which they were designed.

The User is not permitted to modify the design or alter the appearance of the Scapic editor. We may at any time in our sole discretion: (i) move, edit, delete, or destroy any materials that you provide or deliver; (ii) access, preserve, or disclose in accordance with our Privacy Policy any materials that you provide or deliver .including information that may be collected from you from your web browser or mobile device; (iii) suspend or terminate your access to and use of the Properties or any of their features in response to a breach of these Terms, or for any or no reason; or (iv) take any other lawful action in response to a breach of these Terms.

You agree to inform Scapic promptly about any legal complaint, claim or action related to the User Content you have uploaded using the Services.

5. Warranty Disclaimers, Limitations of Liability, Indemnity

DISCLAIMER OF WARRANTIES

Scapic undertakes to provide the Services diligently and professionally, and otherwise makes no representations or warranties of any kind regarding the Services or the Scapic Content. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY. CAPABLE OF EXCLUSION. SCAPIC EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, .INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, WEBSITE AND THE SCAPIC CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES, WEBSITE OR THE SCAPIC CONTENT; AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES, WEBSITE OR THE SCAPIC CONTENT. No advice or information obtained by you from Scapic or otherwise through the Services, will create any warranty not expressly stated herein.

LIMITATION OF LIABILITY

SCAPIC'S MAXIMUM AGGREGATE LIABILITY TO ANY USER WILL BE THE AMOUNT PAID FOR THE PERIOD IN WHICH THE LIABILITY ARISES, ONLY IF THE USER HAS PAID FEES FOR USE OF THE SERVICES. SCAPIC WILL NOT OTHERWISE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR FROM ANY INFORMATION, SCAPIC CONTENT, DESIGNS, PRODUCTS OR SERVICES. INCINCINCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNITY

You agree to indemnify and hold Scapic and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (.including without limitation reasonable attorneys' fees) assessed or lured by Scapic directly or indirectly, with respect to or arising out of: (i) your failure to comply with this Agreement; (ii) your breach of your obligations under this Agreement; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) your violation of any third party right, including without limitation any intellectual property, right of publicity, or privacy right; and/or (v) any claim that any of your User Content caused damage to a third party.

6. Intellectual Property Claims

The Agreement does not assign or license any Intellectual Property Rights of Scapic to the Customer. “Intellectual Property Rights" shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights (including all rights to apply for registration) in any jurisdiction.

All Intellectual Property Rights, other rights, title and interest in or related to the Service and any content posted by Scapic to the Service are the sole and exclusive property of Scapic or licensors of us, including but not limited to source- and other codes, instructions, documents, content, information, processes and all other materials related to the Service.

The Customer agrees not to use the name or logo "Scapic" without the prior written permission of Scapic. The Customer may not attempt to reverse engineer, de-encrypt or otherwise derive the design, internal logic, structure or inner workings (including algorithms and source code) of the Service.

In the event any claims are made by a third party against Scapic based on the infringement by Your Customer Data or Content of applicable laws and/or third party Intellectual Property Rights, you agree, at Your expense, to defend and hold Scapic harmless against any and all such claims and to reimburse Scapic any damages or other expenses (including attorneys' fees) incurred by Scapic due to such infringement. You undertake to pay any damages, costs and expenses caused to Scapic by any such third party claim as well as any damages awarded to a third-party claimant by a competent court of law or court of arbitration due to a reason attributable to such Customer Data or Content.

7. Modifying and terminating the Services

8.1 At any time

Scapic reserves the right to modify or stop offering all or part of the Services at any time, at its own discretion, in which case we will provide you with one (1) weeks’ notice.

8.2 For cause

We may terminate your user account or right to access all or portions of the Services at any time, without notice, for conduct that we believe violates this Agreement and/or is harmful to other users, to Scapic, to other service or information providers, or to any third parties.

8.3 Survival

After any termination of this Agreement and/or after you otherwise stop using the Services, the following will survive and remain enforceable and in full force and effect: (i) all outstanding obligations between you and us; (ii) all remedies for breach of this Agreement; and (iii) the following sections of this Agreement: 2(a), 2(b), and 2(d) (Ownership and Content); 3 (User Content); 4 (Other Websites and Services); 5 (Warranty Disclaimers, Limitations of Liability, Indemnity); 6 (Intellectual Property Claims); 7 (Applicable Law and Jurisdiction); 8 (Dispute Resolution); 9 (Termination of Service); and 10 (Miscellaneous).

8. Other Websites and Services

The Services may contain links and features that enable you to access other third-party websites or services ("Third-Party Services") that are not owned or controlled by us. Such Third-Party Services are governed by their own terms of use. We do not control Third-Party Services, and we are not responsible for the contents of any linked site. A link does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services by Scapic, please exercise caution before proceeding to any Third-Party Services or entering into any transaction with third parties linked to from the Services. Scapic may in no circumstances be held liable for the technical availability of Third-Party Services, the content, advertising, products and/or services available on Third-Party Services, or any transactions that take place between a User and Third-Party Services whom the User has been directed via the Services. Scapic may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services.

9. Applicable law and jurisdiction

This Agreement shall be governed in accordance with the laws of the State of Karnataka, India. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Karnataka including the supreme court therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defences otherwise available to it.

10. Amendment

Scapic reserves the right to amend the Agreement at any time by posting a notice on this page, sending an email notification to registered Users, or otherwise notifying Users via the Services. Registered Users will receive notification of forthcoming change one (1) week before the Agreement as amended is effective. Any User using the Services after an amendment has become effective accepts the Agreement as amended. A User who does not accept the amended Agreement shall, before it becomes effective, cease use of the Services.

11. Miscellaneous

This Agreement, along with the Privacy Policy, represents the entire agreement between Scapic and the User with respect to the provision of the Services, and all prior representations and understandings, whether written or oral, are included. No delay or omission by Scapic in exercising any of its rights occurring upon any noncompliance or default by any User with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Scapic of any of the covenants, conditions or terms to be performed by a User will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or terms hereof contained. Any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then the Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. Scapic may freely assign this Agreement, including to any purchase of Scapic and/or its business operations. You agree that the electronic text of this Agreement constitutes a writing, and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.

You consent to receive communications from us electronically, and you agree that we may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you, or that you provide to us, electronically satisfy any legal requirement that such communications be in writing. We are not responsible for any automatic filtering that may be applied to any email notices that we send to the email address you have provided.

The Services are operated by Scapic Innovations Private Limited.

General inquiries may be directed to hello@scapic.com

The effective date of these Terms of use is May 28th, 2018.