Terms and Conditions

1. Description of Services

iJewel3D PTE. LTD.( “iJewel3D”, “We” or “us”) provides a platform(“iJewel Design”) designed to enable users to create, upload, showcase, and share 3D models and related content. Our services facilitate the visualization, publication, and integration of 3D content for both personal and commercial purposes, accessible through our website, mobile applications, and APIs. iJewel Design is a cloud service for hosting, managing and sharing 3D jewelery models. It allows you to upload, catalog, and collaborate on 3D models with your team. The files can then be shared with retailers, customers as links or embedded on custom websites or apps using the iJewel Viewer. Models can be uploaded in bulk, previewed in realtime, and shared with team members or customers. Along with bundled iJewel Playground and Editor, the models can be edited, configured and finally embedded on the website or app.

Key features of our services include:

  • Content Hosting: Secure storage and public or private sharing of user-generated 3D content.
  • 3D Model Viewer: Tools to view, interact with, and customize 3D content directly in a web browser or supported devices.
  • Customization Tools: Options to embed, integrate, or customize 3D content for personal or professional use.

By using our platform, users agree to abide by our Terms of Service, which govern the use of all provided features and services. We reserve the right to modify, update, or discontinue aspects of the services at our discretion, with reasonable notice where applicable. This description is intended to provide an overview of our offerings and is subject to the full terms and conditions outlined in our official policies.

2. Account

To access and use certain features of our platform, you may be required to create an account. By registering, you agree to provide accurate, complete, and up-to-date information and to keep this information current. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You must notify us immediately if you suspect unauthorized access to or use of your account. We are not liable for any losses or damages arising from your failure to maintain account security or comply with these obligations. We reserve the right to suspend or terminate your account at our discretion, with or without notice, for any breach of these terms or if we determine that your actions compromise the integrity of the platform or violate applicable laws.

3. Access and Termination:

We reserve the right to deny access to our Services to anyone, at our discretion. We may also terminate your access to the Services, in whole or in part, if you violate this Agreement. This termination may include blocking your future access to the Services.

4. Age Restriction:

Our Services are exclusively for individuals aged 18 and older. If you are under 18, you are not permitted to register or use our Services. By using our Services, you confirm that you are 18 or older. This age restriction may not apply in certain jurisdictions where it is prohibited by law. In such cases, your right to access our Services is revoked.

5. Subscriptions and Payments:

  • Pricing : You can find the current prices for our paid subscriptions on the iJewel3D website, or contact at [email protected].
  • Payment Method: You must securely pay for your subscription at the beginning of each period using Stripe (www.stripe.com) or bank transfer. iJewel3D can provide invoices upon request.
  • Price Changes: If the price of your subscription plan changes, iJewel3D will notify you at least two months before the new prices take effect. You can then choose to cancel your subscription before the new prices apply.
  • Your Payment Responsibility: You confirm that you have the legal right to use the Stripe account (or any linked bank accounts/credit cards) used for payment.
  • Taxes: You are responsible for any applicable taxes related to your subscription purchase.
  • Verification: iJewel3D may or may not require verification of your payment information before accepting your order.
  • In case of non payment of pending invoices/subscription, user wont be able to upload new models, but old ones can be deleted by the user.
  • The extra models are kept for the minimum of 1 year, after which they can be deleted

6. Ownership and Licensing:

  • iJewel3D Content: All content on iJewel3D, except for user-generated content, is owned by iJewel3D or its licensors. This includes images, text, 3d models, and other materials.
  • User Content: While you retain ownership of your uploaded content, you grant iJewel3D a license to use it on the platform. It's not allowed to upload any files that you don't own or have the rights to use. Your access to the Services does not grant you ownership of any iJewel3D Content. Unless explicitly granted under this Agreement, you do not receive any rights or licenses related to the copyrights, trademarks, or other intellectual property owned by iJewel3D or any third party. All rights not expressly granted to you are reserved by iJewel3D.
    • We will not share user’s files and data with others except for taking backups
    • We will not change a private asset into a public one.
    • We will not use a private asset for marketing or promotional campaigns.
    • We will keep your data only as long as you ask us to keep it.
    • You can take your data with you if you choose to stop using iJewel Design.
    • The models are kept till they are deleted explicitly by the user.
    • We will keep the extra models for the minimum of 1 year, after which it can be deleted.
  • Intellectual Property Rights: iJewel3D owns all intellectual property rights related to the platform and its content, including trademarks, copyrights, and patents.
  • Limited License: You have a limited, non-exclusive license to use the platform and its content for personal, non-commercial purposes except as necessary to exercise the limited license granted to you. Any commercial use of the Services or iJewel3D Content without prior written consent is strictly prohibited.
  • Restrictions: You cannot copy, distribute, modify, or sell any part of the platform or its content without explicit permission from iJewel3D or the rights holder.
  • Software: The software and software-as-a-service (SaaS) associated with the Services ("Software"), used to run the platform is owned by iJewel3D or third parties. You cannot modify, reverse-engineer, or distribute this software. iJewel3D may update the software without notice and such updates will be subject to the terms of this Agreement.
  • The iJewel3D trademark, along with associated logos and other trademarks displayed within the Services, are registered or unregistered trademarks and service marks of iJewel3D, Inc. or its third-party licensors.

7. Applicable law and jurisdiction; Arbitration

  • Any dispute, controversy or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be finally settled by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which Rules are deemed to be incorporated by reference 2 into this clause. The number of arbitrators shall be one or two. The seat of arbitration shall be Singapore.
  • Class Action Waiver: To the fullest extent allowed by applicable law, you agree to resolve disputes only on an individual basis and not to: initiate, join, or participate in any class or representative action, collective arbitration, or any other legal proceeding where someone acts on behalf of others (such as private attorney general actions); or combine or consolidate individual cases, nor allow an arbitrator to do so, unless iJewel3D and all parties involved in the other actions or arbitrations provide explicit consent.
  • Any claims will be resolved on an individual basis only, and ALL USERS WAIVE THE RIGHT TO BRING A CLAIM AS A CLASS REPRESENTATIVE, AS PART OF A CLASS ACTION, ON A COLLECTIVE OR AGGREGATED BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO COMBINE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES INVOLVED. Any decision made by the Arbitrator will be final, binding, and conclusive on all parties. In any arbitration proceeding under these terms, each party will typically bear its own costs and expenses, unless the Arbitrator decides otherwise. However, iJewel3D retains the right to initiate and pursue any legal or equitable action in a court with proper jurisdiction if, in iJewel3D’s judgment, such action is necessary or beneficial. Additionally, a User may choose to file an individual claim in a small claims court, provided the dispute falls within the court's jurisdiction, and the court has personal jurisdiction over the matter. iJewel3D does not waive any defenses related to the lack of jurisdiction in the User's chosen court.
  • Other Websites and Services: The Services may include links and features that allow you to access third-party websites or services ("Third-Party Services") that are not operated or controlled by us. These Third-Party Services are subject to their own terms of use. We do not control these services and are not responsible for the content of any linked site. A link to a Third-Party Service does not imply any endorsement, sponsorship, or affiliation with that service by iJewel3D. We advise you to use caution before accessing any Third-Party Services or engaging in transactions with third parties linked through the Services. iJewel3D is not liable under any circumstances for the technical availability of Third-Party Services, the content, ads, products, or services they offer, or for any transactions that occur between you and those third parties. Additionally, iJewel3D will not be involved in any disputes between you and third parties related to Third-Party Services.

8. Content Moderation and User Responsibilities:

  • User Responsibilities:

    • You are responsible for all content you upload.
    • You must not violate anyone's rights, including intellectual property and privacy rights.
    • Your content must comply with our terms and conditions.
    • You waive your moral rights to the content you upload.
    • The content should be relevant to Gem And Jewellery or Fashion Industry

  • User Feedback:

      We appreciate your feedback but are not obligated to use it

  • Right to Monitor and Remove Content:

    • You are responsible for your content and its licensing.
    • We may remove content that infringes on others' rights.
    • We may remove any content that violates our terms, without notice.

  • Acceptable Use Policy

    You agree to use the Services responsibly and legally. You will not:
    • Misuse the Service: Decompile, reverse-engineer, or copy the Service or its content.
    • Illegal Activity: Promote or engage in illegal activities.
    • Harm Others: Violate others' rights, including privacy and intellectual property.
    • Offensive Content: Post harmful, hateful, or offensive content
    • Inappropriate Content:Post content unsuitable for minors and others that is pornographic, dehumanizing, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal; or transmit any material or content that is inappropriate for families or otherwise suitable only for audiences over the age of 13, except where such content is appropriately labeled as "Restricted"
    • Misrepresentation: Falsely represent yourself or your affiliation.
    • Harmful Content: Post content that promotes illegal activities or harm.
    • Spam: Send unsolicited or spam messages.
    • Copyright Infringement: Post copyrighted content without permission.
    • Disrupt the Service: Interfere with the Service's operation or security.
    • Hacking: Access or attempt to access unauthorized systems.
    • Data Scraping: Scrape or collect data for commercial use without permission.
    • AI Abuse: Use AI tools to generate content that infringes on copyright or other rights.
    • Modify the Viewer: Modify the iJewel3D viewer beyond permitted customization options.
    • Excessive Traffic: Avoid excessive traffic usage that may incur additional fees or account termination.
      • You must promptly notify iJewel3D of any legal issues related to your uploaded content.

8. International Data Transfer

iJewel3D operates globally. To provide you with the Services, we and our partners may process your data on servers located outside your country, including the United States, Singapore, European Union. By using our Services, you agree to this data transfer. You confirm that you have the legal right to transfer your data to other countries, for the purposes outlined in this agreement.

If your data includes personal information of individuals in the European Union, we may need a specific data processing agreement with you. Other regions may have their own data transfer requirements.

Miscellaneous

  • Entire Agreement: This agreement represents the full understanding between iJewel3D and the user. No prior agreements, whether written or oral, apply.
  • Waiver: If iJewel3D delays in enforcing its rights, it doesn't lose those rights. A waiver of one breach doesn't waive future breaches.
  • Severability: If any part of this agreement is deemed invalid, the rest of the agreement remains in effect.
  • Assignment: Users cannot assign their rights under this agreement, but iJewel3D can.
  • Electronic Communications: Users agree to receive electronic communications from iJewel3D.
  • Operator: iJewel3D PTE. LTD., a Singapore company, operates the Services.
  • Contact: For general inquiries, contact iJewel3D's support team.

9. Service Levels

The average availability of core services of the iJewel3D platform for each month would be at 99.9%.

The effective date of these Terms of Use is December 1, 2024.