Terms of service

of customizeme.app

§1
Preliminary provisions

These Terms define the conditions of use of the website located at https://customizeme.app / and all subdomains provided by the Service Provider.
For the purposes of these Terms of Service, the following concepts shall have the following meaning:
a) Terms of Service – these Website regulations;
b) Service Provider – Letz Code S.à.r.l 9, rue du Laboratoire L-1911 Luxembourg, Luxembourg VAT-EU LU32093804, Business permit: 10112227/1,
c) Website – a webpage hosted at the following location: https://customizeme.app / and all subdomains provided by the Service Provider;
d) Back office module – Website service in which the Contractor configures data on its product (e.g. material, color), which afterward is being made available to its Client while selecting the parameters of the ordered product;
e) Client component – a component in which the configuration of the Project prepared by the Contractor is visible to his Client;
f) Integration module – a program that is an implementation of the Client Component for a given e-commerce platform or other implementable programs;
g) Support in full implementation – Consulting service;
h) Support in 3D modeling – 3D modeling service;
i) User – a natural person to whom the Contractor has granted rights to certain functionalities of the Website through the Account;
j) Contractor – a natural person running a sole proprietorship, a legal person, an organizational unit without legal personality legal capacity of which is recognized by law, setting up an Account on the Website, using the Services provided on the Website;
k) Agreement – an agreement for the provision of Services by electronic means concluded between the Service Provider and the Contractor;
l)Client – a person to whom the Projects created by the Contractor on the Website are made available through the Client Component;
m) Services – services provided electronically by the Service Provider in accordance with the Agreement and Terms of Service as part of the Subscription Plans;
n) Additional services – supplemental services not included in the Subscription Plans, including:

Shareable Module – a program that enables the real-time exchange of information between the Contractor and the end Client through the Client Component;
Native AR Module – a program that allows generating 3D models in real-time;
SeeMe Module – a source code that can be placed on the website, which allows to download a 3D model from the Contractor’s server and trigger a hardware acceleration on a mobile platform (IOS and Android);
SeeMe Premium Module – a program for generating the source code, placed on the website, which allows to download a 3D model from the Contractor’s server and trigger a hardware acceleration on a mobile platform (IOS and Android);
ConvertMe Module – a module that allows to convert 3D models from “.gltf”, “.glb”, “.obj”, “.fbx”, “.stl” formats to “.gltf” and “.usdz” formats
o) Account – an individual Contractor’s Account, to which he has access using a login and a password;
p) Account Administrator – a natural person, an authorized representative of the Contractor who creates an Account and manages the Account;
q) Data – data of the Contractor and Users, including personal data processed for the purpose of implementing the Agreement;
r) Registration – an act of providing the Data by the Contractor in the extent necessary to use the Website;
s) Registration form – an electronic form used to Register a Contractor;
t) Project – a 3D model of the Contractor’s product, uploaded to the Website and configured by the Contractor and then made available to the Client;
u) Subscription Fee – remuneration paid in advance under the Subscription Plans by the Contractor for the possibility to use the Website Services (unless the Price List states otherwise);
v) Basic Fee – remuneration paid by the Contractor for the possibility to use additional Services of the Website, provided with the use of the Service Provider’s IT infrastructure, within the granted session limit;
w) Additional Fee – remuneration paid by the Contractor after exceeding the session limit;
x) Subscription Period – yearly duration of a contract;
y) Price List – an attachment to the Terms of Service containing information on charges for using the Services available on the Website depending on the scope of the selected Subscription Plan and Subscription Period. Changing the Price List does not constitute a change to the Terms of Service;
z) Payment Operator – a company independent of the Service Provider, responsible for an internet payment system enabling payments to be made between the Service Provider and the Contractor – Stripe (https://stripe.com/);
aa) Subscription Plan – a package of Services provided by the Service Provider through the Website, within the functionality selected by the Contractor;
bb) Session – connection of the Client to a project hosted by the Contractor (in the Service Provider’s infrastructure), as part of Shareable, Native AR or CustromizeMe Modules.
cc) Session Unit – a single, unique connection of the Client which is equal to one session;
dd) Session Limit – the number of sessions to be used within the paid Basic Fee;
ee) Session Balance – the number of Session Units for which the Contractor is obliged to pay an additional fee, after exceeding the Session Limit.

§2
General conditions for the provision of Services by electronic means

The use of the Website takes place using an ICT system that provides processing and storage as well as sending and receiving data via telecommunications networks.
In order to use the Website, the Contractor is to have a device with access to the Internet and a web browser.
Minimum technical requirements:
a) for mobile devices: iOS operating system – iPhone 8, iPad Pro or later (Safari browser), Android operating system – Samsung S8, Samsung Tab S3 or later (Chrome browser). If you are using other mobile device than the abovementioned, your device should have at least 2 GB of RAM (4 GB recommended), a powerful multi-core processor and GPU, and the latest version of Android or iOS installed.
b) for desktop devices: at least 2 GB of system memory and a graphics card that supports WebGL. It is recommended to have at least 4 GB of system memory. Your hardware should have a non-mobile graphics card with at least 512 MB of video memory. For best performance, it is recommended to have a graphics card with at least 1GB of video memory, especially when working with larger or more memory-intensive scenes. Non-mobile versions of graphics cards usually perform better than mobile graphics cards (marked with the letter ‘m’ or ‘mobile’). For more detailed information on WebGL requirements, visit the WebGL Troubleshooting page.
Upon the successful creation of an Account on the Website, in accordance with the instructions set out in § 3 of the Terms of Service, and after selecting and paying for the Subscription Plan, an Agreement between the Contractor and the Service Provider is concluded in an electronic form, while Services provided by the Website under the conditions specified by law and these Terms of Service are the subject of the Agreement.
Services are provided to the Contractor on a commercial basis (except those clearly marked as free). The Contractor’s Clients do not pay any fees for using the Projects made available to them.

§3
Registration

In order to use all the functionalities of the Website, it is necessary to have an Account on the Website
The Account is created independently by registering on the Website. In order to create an Account one must complete the registration form on the Website.
Registration and setting up an Account are voluntary and free of charge. Registration on the Website requires acceptance of these Terms of Service. By registering, the Contractor declares that he has read the current version of the Terms and Services, including the Privacy Policy, and accepts its content and the rights and obligations resulting from its provisions.
Setting up an Account requires the authorized representative of the Contractor to accept the obligatory consents and complete the registration form with the data indicated therein, in particular:
a) e-mail address,
b) password,
or authentication through an external service provider such as Facebook, Google or Apple.
The registration form contains fields and statements marked with an asterisk (*), which are obligatory to complete the registration and create an Account. Failure to complete the fields referred to in the above sentence results in the inability to create an Account and the refusal to provide Services.
After successfully completing the registration form (or authentication through an external service provider), the Contractor will receive a message to the e-mail address provided, containing the Account activation link.
After registering the Account, the Account Administrator, in order to receive the relevant accounting documents, completes the necessary business data of the Contractor, in particular:
a) Business name,
b) seat, address,
c) tax identification number or other number appropriate for the country of the Contractor’s seat.
As a confirmation of the successful creation of the Account (conclusion of the Agreement), the Contractor will receive the relevant information to the e-mail address provided during registration.
When completing the registration form, the Contractor may not provide personal data of third parties and place the image of third parties without the approval or consent of these parties required by law.
In the case of legal persons and organizational units, only a person who is authorized to act on behalf of these entities can set up an Account (Account Administrator).
The Account Administrator is entitled to grant Users access to specific Account functionalities. For this purpose, it is required to provide the name, e-mail address, password, and function of the User.
The Website will not be held liable for the consequences of disclosing login data to third parties by the Contractor or the User. If another Contractor, User or a third party obtains data allowing to log into the Website, or in the event of suspicion of such a situation, the Account Administrator should change the login data and immediately notify the Website.
By creating an Account on the Website, the Contractor agrees for the Website to the process provided personal data for the purpose of proper provision of the Website Services specified in the Terms of Service (the conclusion of the Agreement constitutes the legal basis for the personal data processing). Detailed rules for the processing of personal data are set out in the Privacy Policy.
After creating an Account on the Website and paying the Subscription Fee, the Contractor is granted access to all functionalities of the Website provided for the selected Subscription Plan. The Website may create new functionalities and change or modify the existing ones, which does not constitute an amendment to the Agreement.
In order to properly use the Website’s functionality, the Contractor, after logging into the Account, is obliged to generate a special activation code, which he is obliged to attach to each of his Projects created and uploaded to the Website (the technical requirement is to reach the Service Provider’s domain). Failure to generate the code and place it in the Projects prevents from the use of the Website.

§4
Website services

The Service Provider undertakes to provide the Contractors with Services that generally consist in:
a) providing the Contractor with the functionality of the Website (including the Back Office Module, CustomizeMe Fronted component, and integration module) enabling him to perform activities related to the collection and processing of data, generating data, and providing data to Customers (client component) according to the Service packages indicated in the Subscription Plans;
b) storing the data entered on the Website by the Contractor;
c) updating the Website in a way that allows Contractors to use it in accordance with its intended purpose and under the mandatory legal provisions;
d) providing the Contractor with additional tools to enable the intended use of the Services and to ensure the correct provision of the Services;
e) providing Contractors with support, on the terms provided for in the Terms of Support, constituting an Annex 2 to these Terms of Service.
The specific Services have been grouped by the Service Provider into Subscription Plans. The Service Provider provides the Contractor with additional services not included in the Subscription Plans. Current Subscription Plans, Additional Services and their prices are presented in the Price List. Detailed descriptions of the Services and Additional Services can be found in the Description of Services, constituting Annex 1 to these Terms of Service. Changes to the scope of Subscription Plans, Additional Services, their prices and Description of Services do not constitute a change to the Terms of Service.
The Service Provider delivers its Services for a fee, except for the free Subscription Plans and free Additional Services.
With the exception of free Subscription Plans and free Additional Services, the provision of Services to the Contractor will take place after the Contractor has paid the fees indicated in the Price List.
Services are provided during Subscription Periods. If the Subscription Period is not extended, the Contractor’s access to the Services expires along with all the purchased Additional Services, regardless of the extent to which they were used by the Contractor.
The Service Provider delivers, among others, the following Additional Services (optional):
a) SeeMe – free add-on;
b) SeeMe Premium – a single-payment add-on;
c) Sharable – paid add-on. The condition for using the add-on is the use of the Service Provider’s IT infrastructure;
d) ConvertMe – free add-on;
e) Native Ar Configurator – paid add-on. The condition for using the add-on is the use of the Service Provider’s IT infrastructure.
As part of the Native Ar Configurator and Sharable Additional Services, the Service Provider is not responsible for problems related to the Customer’s hardware or applications (provided by APPLE – IOS or GOOGLE (Android) or the ICT network used by the Customer. Each download or generation by the Contractor or the Customer of a 3D model from the infrastructure provided by the Service Provider results in one Session Unit to be counted. The Contractor is the payer of the Session Balance.
The Contractor may subscribe to Free Additional Services in both Free and Paid Subscription Plans. The Contractor may subscribe to Paid Additional Services only with paid Subscription Plans.
The Service Provider reserves the right to change or extend some functionalities of the Website, or to change prices for individual Services. In such a case, the Contractor is entitled to a cost-free termination of the subscription with effect at the end of the month starting from the date of introducing the changes.

§5
Payment method

In order to use the full functionality of the Website, the Contractor is obliged to place an order for the provision of Services.
In order to place an order, one must complete the order form available in the Account and indicate:
a) Subscription Plan along with Subscription Fee– in accordance with the Price List,
b) Subscription Period,
or
c) in the case of single-payment Additional Services, an indication of the service along with the fee.
In case of purchasing the Additional Services that require the use of the IT infrastructure provided by the Service Provider, the Service Provider uses the concept of a session. As part of the Basic Fee, the Contractor receives a session limit to be used; after the Session limit is exhausted he is obliged to pay the Additional Fee for each subsequent session, in accordance with the generated session balance.
All payments are made through the Payment Operator. The data of the Payment Operator are available on the Website. After placing the order, you will be redirected to the Payment Operator’s website. The Terms of making payments are available on the Payment Operator’s website at https://stripe.com/en-pl/ssa.
If the Contractor fails to pay for the order placed or does not pay the monthly Subscription Fee, the Contractor’s Account (as well as components hosted by the Contractor) will be blocked until the order or the Subscription Fee is paid.
The amount of the Subscription Fee, basic fee and additional fees are specified in the Price List available at https://customizeme.app/offer, which is an integral part of these Terms of Service. These are net prices for the monthly period of using the Website.
In the event of changes to the fees, the provision of § 4 sec. 9 applies.
Payments made for the ordered Services are non-refundable, except in cases specified by law or indicated in these Terms of Service.
The accounting document for the use of Paid Services is issued by the Payment Operator.
The Website and the Payment Operator, as part of the obligations under the Directive (EU) 2015/849 of the European Parliament and of the Council of May 20, 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141 of 05.06.2015), reserves the right to register transactions made on the Website. In order to confirm the identity of the Contractor making a transaction on the Website the Payment Operator may request:
a) to make a test payment from the Contractor’s bank account;
b) to provide an identity document;
c) a confirmation of the Contractor’s identity in any other way.
The Website or the Payment Operator may refuse to collect the payment from the Contractor if there is a reasonable suspicion of violating the Terms of Service, in particular violating the provisions of Directive (EU) 2015/849 of the European Parliament and of the Council of May 20, 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141 of 05.06.2015).

§6
Using the Website

It is forbidden to use the Website in a manner inconsistent with the provisions of these Terms of Service, applicable law, good morals or principles of social coexistence.
It is forbidden to copy, duplicate or use even partial content of the Website (except for the Project) without a prior written consent of the Service Provider.
The Contractor is not entitled to provide third parties with Services in whole or in part (except for Users) nor to develop similar Services to those provided by the Service Provider as a model or other activities that violate copyright and other intellectual property rights, unless otherwise provided by individual arrangements between the Contractor and the Service Provider.
The Contractor undertakes to refrain from any actions aimed at hindering, destabilizing the operation of the Website or making it difficult for other Contractors to use the Website.
The Contractor undertakes not to post on the Website, in particular in its Projects, any vulgar or erotic content, nor content that induces racism, persecution for ethnic, cultural or religious reasons, promotes or supports criminal activities, violates the rights of third parties, including intellectual property rights, or constitutes another form of infringement of legally protected goods.
The Contractor declares that all Projects on the Website have been posted by him in a manner consistent with the law, in particular that the Contractor has proprietary copyrights to them and that his actions do not infringe the rights of third parties.
By posting the Projects or other materials, the Contractor grants the Service Provider an indefinite, non-exclusive license to use, record, reproduce and make the Project available for the purpose of implementing the Agreement and making the Project available to the Client.
The license referred to in paragraph 7 shall be terminated upon deletion of the Project or the Contractor’s Account. The Contractor is not entitled to remuneration for granting the license.
The Contractor is responsible for the User’s actions as for his own. In the event of a breach of Terms of Service by the User, the provisions relating to breaches by the Contractor shall apply.
The Contractor will make every effort to ensure that Clients do not use the Website in a manner inconsistent with its intended use.

§7
Account Blocking and Deleting

The Contractor is obliged to use the content of the Website in a manner consistent with the provisions of these Terms of Service, applicable law and the principles of social coexistence.
In the event of a breach of the provisions of these Terms of Service, legal regulations or otherwise affecting legally protected goods, the Service Provider reserves the right to block the Account, block the Contractor’s access to some of the Services available on the Website, and in particularly blatant cases – irreversible deletion of the Account, in the event of ineffective prior call on the Contractor to cease the violations. Blocking the Account as well as blocking the Contractor’s access to some of the Services available on the Website may, at the Service Provider’s discretion, be used for a limited period or until its cancellation.
The deletion of the Account constitutes the termination of the Agreement for the provision of Services. In the event of long-lasting inactivity of the Account, the Service Provider is entitled to delete the Contractor’s Account. The Contractor will be notified about the fact of blocking the Account, blocking access to part of the Services or deletion of the Account via the e-mail address provided during registration.
In case referred to above in § 7 section 2, the Contractor has the right to submit a complaint in a manner specified in § 10 of these Terms of Service.
In the event of blocking or deleting the Account, the Service Provider shall not refund any payments made by the Contractor.
The Service Provider does not store the data of the deleted Account. In the event of deleting the Account, the data will be irrecoverable.
In the event of suspicious Account activity (e.g. suspected DDoS attack, frequent login attempts, spam attacks), in particular when the Contractor uses the Service Provider’s IT infrastructure, the Service Provider has the right to block access to the Account, block access to the Projects made available to Customers by the Contractor and other activities aimed at securing the interests of the Service Provider and the Contractor. In such a case, the Contractor will be notified to the e-mail address provided during registration.

§8
Liability

The Service Provider undertakes to ensure the highest possible quality of the Services provided.
The Contractor acknowledges that due to the technical configuration of the equipment used by the Contractor while accessing the Website, certain functions of the Website may be unavailable to him.
Upon prior posting a relevant information on the Website, the Service Provider reserves the right to temporarily disable the operation of the Website at any time for the purposes of maintaining, updating or technically improving the Website or expanding the content of the Website, which does not constitute improper performance of the Agreement by the Service Provider.
The Service Provider reserves the right to transfer all rights to the Website to another entity (Cession), to its complete liquidation or to cease providing the Services in part or in full.
The Service Provider is not responsible for the content and form of data posted by the Contractor on the Website, as well as he is not responsible for the content posted by the Client.
The abovementioned provision of § 8 section 5 does not apply if the Service Provider finds out about the illegal nature of the data or about their inconsistency with the provisions of these Terms of Service and does not take appropriate actions.
The Service Provider is not responsible for the dissemination of Contractors’ data by other Contractors or third parties, if it occurred in violation of the provisions of these Terms of Service or applicable law.
The Service Provider is not responsible for the effectiveness of payment transactions made via the Payment Operator. Any remarks related to the payment transactions made in the manner specified in the preceding sentence are to be reported by the Contractor directly to the owner of the Payment Operator.
The Service Provider is not responsible for the fulfillment of any tax or other public-law obligations incumbent on the Contractors.

§9
Termination of the Agreement

The Contractor is entitled to terminate the Agreement at any time:
a) in case of a yearly Subscription Period with a 3-month notice period effective at the end of the month;
b) in case of a monthly Subscription Period with effect at the end of the month.
c) The Contractor may terminate the Agreement by submitting a request to delete the Account.
The Contractor is entitled to use the full functionality of the Website during the Agreement termination period.

§10
Complaint procedure

The Contractor may report any complaint related to the functioning of the Website by sending a complaint notification form to the following address: support@customizeme.app.
The complaint will be processed under the following conditions:
a) it is submitted by the Contractor to the appropriate address,
b) it contains a stated reason for the complaint and possibly defines the scope of activities that the Contractor expects to be performed,
c) it contains the current data of the Contractor.
Complaints are processed by the Service Provider within 30 days of their receipt, if the Contractor clearly and transparently formulates the notification.
If a complaint is incomplete or ambiguous and it prevents it from examination within the above time limit referred to in § 10 section 3, the Service Provider will ask the Contractor to supplement it within 7 days.
In the event of an ineffective summons, referred to above in § 10 section 4, the complaint shall not be considered.
The Contractor shall be notified of the settlement of the complaint to the current e-mail address.

§11
Personal Data Protection

Providing the Contractor’s personal data specified in the registration form is required to register on the Website and gain access to all functionalities of the Website. Providing the User’s personal data is required for them to gain access to the functionality of the Website.
Detailed information on the processing of personal data can be found in the Website’s Privacy Policy available here.

§12
Intangible Property Rights

All materials posted, made available on the Website, as well as the manner of their presentation (layout) are under the protection provided by international conventions and Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC and are vested in the Service Provider, unless their content or circumstances clearly indicate otherwise.
The proprietary copyrights to the Website or related to the Website, in particular the software that is a work, belong to the Service Provider or have been made available on the basis of valid license agreements and are subject to legal protection in accordance with the international conventions and Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC. As a consequence, the Contractor is entitled to use the software and other works posted on the Website only for the purpose and within the limits resulting from the functionalities provided by the Service Provider, and may not duplicate or distribute them in any form or in any way, including copying, photocopying, including posting on the Internet – without a written consent of the Service Provider.

§13
Website License Terms

The condition for the legal use of the Website is to accept these Terms of a paid, incomplete, non-exclusive and non-transferable License (unless otherwise agreed with the Contractor) granted by the Service Provider.
Obtaining a license key and/or installing and launching the Website or Integration Modules by the Contractor on the previously indicated domain is a confirmation of obtaining a license.
The Service Provider declares that he is entitled to grant a license to use the Website and Integration Modules to the extent specified in these terms and that the use of the Website and Integration Modules software does not infringe the copyrights of third parties.
The Website and Integration Modules are subject to the Service Provider’s copyrights and are protected under the international conventions and Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC.
A non-exclusive license is granted to the Contractor for the duration of the selected Subscription Period and only for the purpose of using the Website and implementing the Client component for a given e-commerce platform or other implementable programs.
The condition for obtaining the license is the payment of the Subscription Fee by the Contractor. Failure to pay the full amount due is equivalent to illegal use of the Integration module and may result in criminal and civil liability.
The integration module can be installed on a given e-commerce platform or other implementable programs.
The Contractor may not sub-license the subject of the license or any part thereof nor assign, transfer or make it available in any form to third parties without the written consent of the Service Provider

§14
Final Provisions

These Terms of Service are available at the seat of the Service Provider and at the electronic address … in an electronic version, enabling its acquisition, reproduction and recording using the ICT system used by the Contractor.
The Service Provider reserves the right to amend these Terms of Service. The changes come into force on the day of their publication.
If the amendments to the Terms of Service are not accepted, the Contractor is entitled to terminate the Agreement in accordance with the provisions of the Terms of Service before the effective date of the amendments to the Terms of Service. In this situation, until the expiry of the Agreement, the provisions of the Terms of Service in the previous wording shall apply.
In matters not covered by these Terms of Service, the provisions of generally applicable law shall apply.
Any disputes arising from the implementation of the provisions of these Terms of Service, the parties will try to settle amicably. In the event of disagreement, disputes will be considered by a common court with jurisdiction over the registered office of the Service Provider.
Attachments:
a) Description of Services,
b) Terms of Support.