Welcome to ConfigWise. These General Terms of and Conditions of Service (“Agreement” or “Terms”) are between: You (“Company” or “your”), and:
VipaHelda BV, a limited liability company incorporated under the laws of the Netherlands (Company ID: 53952944) doing business as ConfigWise on https://www.configwise.io. (“We”, “Us”, “Our”)
Our Services consist of product visualization, product modeling and assembly based on 3D models and product images that subsequently are catalogued and rendered in an augmented reality environment.
Each modeling of an original product image will render a visualization of that product, and therefore may not entirely represent all visual characteristics of the original product.
In order to use our Services as described in the preceding section, you have to agree to this Agreement, and any other conditions that may apply. In case you do not accept this Agreement, you are not authorized to use our Services. The way in which you agree with this Agreement is by registering to our Services, and accepting these Terms.
You accept this Agreement and agree on its terms either on your own behalf or as a legal representative of the Company that is the Authorized User of our Services. The rights in and to the Services are exclusively offert to the Authorized User. You represent and warrant that you are of legal age in the jurisdiction you operate from, and have full the full right to conclude this Agreement on behalf of the Company you represent.
The definition and scope of what Services comprise, shall always be according to the latest description in this Agreement as defined in Section 1.1. of this Agreement.
This Agreement sets forth the terms and conditions under which ConfigWise agrees to provide solely to Authorized Users a subscription for Services and access to the platform on both mobile and web applications. You understand and agree that we reserve the right to review, approve and reject your 3D models and product images at any time during the term of this Agreement.
Unless otherwise governed in these Terms, we retain all rights, titles, and interests in and to our Services. Moreover, we represent and warrant that we fully own the Services and each component of the Services, including all visualizations and modelling of 3D models and product images.
We represent and warrant that our Services will be its own, and original work, without incorporation of any software, texts, images, or any other assets created by the Company or third-parties, except in case when Company consents to such incorporation in writing.
Nothing in this Agreement shall be deemed to constitute the grant of a license of any sort or any other right in óur proprietary software, patents, trade and service marks, rights, copyrights interests, (personal) data, or any other interest in the mobile and web application or computer program, including source code, forms, schedules, manuals, other proprietary items or intellectual property utilized or provided by ConfigWise in connection to this Agreement.
You understand and agree that you will fully comply with your obligations under this Agreement, and you assume full liability for any actions undertaken by you in relation to the Services. You understand and agree you will use our Services only for the purposes expressly permitted in this Agreement. You must comply with all laws and regulations that may apply in the jurisdiction you reside in. The use of our Services for any unlawful or illegal actions leads to the immediate termination of this Agreement in accordance with the relevant Section in this Agreement.
You represent and warrant that all materials, 3D models and product images you send to us, shall not violate, or infringe any existing copyrights, trademarks, publicity rights, trade secrets, patents, or any other proprietary rights. Moreover, you remain solely liable for all expenses and losses incurred by you as a result.
CONFIGWISE SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE, MISUSE, INABILITY TO USE, INTERRUPTION OR SUSPENSION, OR TERMINATION OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSS OR FAILURE TO DISTRIBUTE AND DISPLAY YOUR 3D MODELS AND PRODUCT IMAGES IN APPLE IOS, ANDROID OR WEB APPLICATIONS. WE FULLY DISCLAIM ANY THIRD-PARTY CLAIMS RELATED TO ALL THE ABOVEMENTIONED.
To the extent permitted by the applicable law or regulations, you agree to indemnify and hold us, our directors, officers, independent contractors, employees, and agents harmless from any and all claims, losses, damages, liabilities, expenses, including and without limitation all attorneys' fees and court expenses that may arise from or related to your representations and warranties in this Agreement, including the violation or breach and any claims or legal action that your 3D models and product images infringe on any third-party rights, including but not limited to any claims from users, including related logos, trademarks and content.
You may submit unlimited requests for our 3D modeling services, but we may restrict our Services based on the Fair Use Policy described in this Section, meaning that:
In accordance with Section 2.3 of this Agreement, we remain the owner and have all rights and titles in the 3D models. We may conclude an individual purchase agreement with you or any third-party, and transfer the ownership of one or more models to you.
You undertake to pay us each applicable periodical fee for the use of our Services which you can find at the following URL: https://www.configwise.io/pricing. The Company remains solely responsible for payment of the Value Added Tax (VAT) that may apply in your country.
All fees and charges paid by you are non-refundable, and we never make refunds for partially used subscription periods.
ConfigWise always reserves the right to change all applicable fees and other charges that will apply for each new subscription period, without prior notice to you.
In case you decide to perform a credit card chargeback or attempt to reverse a payment in any other way, we may immediately terminate our Services and terminate your account with immediate effect.
This Agreement, including our Services and all related rights and obligations will terminate with immediate effect when:
OUR SERVICES MAY CONTAIN FAULTS, ERRORS OR INACCURACIES THAT COULD LEAD TO SYSTEM FAILURES OR THE LOSS OF DATA AND INFORMATION.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF OUR SERVICES IS AT YOUR SOLE RISK AND THAT THE RISK AS TO SATISFACTORY PERFORMANCE, ACCURACY AND OVERALL QUALITY OF OUR SERVICES ALWAYS REMAIN WITH YOU. THE CONFIGWISE SERVICES IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITH ALL POSSIBLE ERRORS AND WITHOUT WARRANTY OF ANY KIND.
WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CONFIGWISE SOFTWARE AND SERVICES EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING AND WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, INCLUDING NON INFRINGEMENT OF THIRD PARTY RIGHT, OR COMPATIBLENESS WITH FUTURE WEB-BASED, MOBILE AND OTHER THIRD-PARTY PRODUCTS AND SERVICES.
YOU FULLY ACKNOWLEDGE AND AGREE THAT THE CONFIGWISE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SURROUNDINGS WHERE INACCURACIES, ERRORS, OR DELAYS IN THE TRANSMISSION AND STORAGE OF DATA OR INFORMATION BY OR THROUGH THE CONFIGWISE SOFTWARE OR SERVICES, COULD LEAD TO DEATH, PERSONAL INJURY, OR FINANCIAL, PHYSICAL OR PROPERTY DAMAGE.
Any Notice in connection to this Agreement shall always be in writing. Notices will be deemed given by us to you when it has been sent to and delivered at the email address you provided us. All notices to ConfigWise will be deemed given when sent by you and received by us at: email@example.com. You may change your email or post address by giving us written notice to the above-mentioned email address(es).
ConfigWise may change this Agreement and its stipulations at any time, and in our sole discretion. For the continued use of our Services, you must accept and agree to each new Agreement. You cannot use our Services when you do not agree with our new Agreement, and we may suspend or terminate the subscription with immediate effect as a result.
This Agreement is governed by the internal laws of the Netherlands, and the Dutch Civil Court in Rotterdam, the Netherlands shall hear any claim that may arise out of this Agreement.
Subject to the provisions of this Agreement regarding applicable law and competent court, Parties agree not to commence any legal proceeding with respect to any dispute that may arise out of this Agreement. Parties agree to take the following steps in the event of a dispute, conflict or disagreement (“Dispute”).
The headings used in this Agreement are included for benefit of the parties and shall have no effect whatsoever on the terms or its interpretation or meaning.
This Agreement constitutes the entire agreement between the Parties, you expressly agree that this agreement may be executed in counterparts and delivered by publicizing on the website, PDF or in any other matter.