Bau3D Terms of Service

Last updated on: January 20, 2021

By signing up for a Bau3D Account (as defined in Section 1) or by using any Bau3D Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us” and “Bau3D” means the applicable Bau3D Contracting Party (as defined in Section 4 below).

The services offered by Bau3D under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by Bau3D are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://bau3d.com/terms-of-service/. Bau3D reserves the right to update and change the Terms of Service by posting updates and changes to the Bau3D website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Bau3D’s Acceptable Use Policy (“AUP”) and Privacy Policy.

Everyday language summaries are provided for convenience only and appear in bold under each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Bau3D or any Bau3D services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. Account Terms

1. To access and use the Services, you must register for a Bau3D account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Bau3D may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

2. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

3. You confirm that you are receiving any Services provided by Bau3D for the purposes of carrying on a business activity and not for any personal, household or family purpose.

4. You acknowledge that Bau3D will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Bau3D and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Bau3D can only be authenticated if they come from your primary Account email address.

5. You are responsible for keeping your password secure. Bau3D cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

6. You are responsible for all activity and content such as 3D data, photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

7. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Bau3D may result in an immediate termination of your Services.

In Summary:

You are responsible for your Account and any Materials you upload to the Bau3D Service. Remember that if you violate these terms we may cancel your service.

If we need to reach you, we will send you an email.

2. Account Activation

2.1 Vendor Owner

1. Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Vendor Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Vendor Owner in connection with the Service. You are responsible for ensuring that the name of the Vendor Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.

2. If you are signing up for the Services on behalf of your employer, your employer shall be the Vendor Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

3. Your Bau3D Vendor Account can only be associated with one Vendor Owner. A Vendor Owner may have multiple Bau3D Vendor Accounts. “Vendor” means the online store or physical retail location(s) associated with the Account.

2.2 User Accounts

1. Based on your Bau3D pricing plan, you can create one or more User Accounts (“User Accounts”) allowing other people to access the Account. With User Accounts, the Vendor Owner can set permissions and let other people work in their Account while determining the level of access by User Accounts to specific business information (for example, you can limit User Account access to sales information on the Reports page or prevent User Accounts from changing general Vendor settings).

2. The Vendor Owner is responsible and liable for the acts, omissions and defaults arising from use of User Accounts in the performance of obligations under these Terms of Service as if they were the Vendor Owner’s own acts, omissions or defaults.

3. The Vendor Owner and the users under User Accounts are each referred to as a “Bau3D User”.

2.3 Revenue and Fees

1. All Revenue shall be collected for and on behalf of Vendor by a third party payment processor of Bau3D’s choosing.

2. Depending on your location, Bau3D will link you to create a Stripe Payments account on your behalf upon completion of sign up for the Service.

3. You acknowledge that Stripe Payments will be your default payments gateway(s) and that it is your sole responsibility as the Vendor Owner to activate and maintain the account. If you do not wish to keep payment accounts active, it is your responsibility to deactivate them.

4. Vendor agrees that Bau3D and the third party payment processor may deduct its own fees from the Revenue and remit the remainder of the Revenue to Vendor. Bau3D fees are based on Vendor selected Bau3D Membership plan.

5. In the event that the Vendor issues a refund of Revenue to its clients, Bau3D shall not be required to return any associated Fees.

6. Payment processing services for Vendors, Affiliates, and Authorized Users on Bau3D are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”).

2.4 Domain Names

1. Upon creating a Bau3D Vendor Account, a subdomain will be Owner generated and registration will be preset to automatically renew based on Membership Plan so long as your Bau3D Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

In Summary:

Only one person can be the “Vendor Owner”, usually the person signing up for the Bau3D Service. The Vendor Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Vendor Owner responsible for your Account.

We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms, which are with various third parties.

Any subdomain you create through us will automatically renew unless you opt out.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP and the Privacy Policy.

1. Technical support in respect of the Services is only provided to Bau3D Users.

2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Texas and the laws of the United States applicable therein, without regard to principles of conflicts of laws.

3. You acknowledge and agree that Bau3D may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Bau3D’s website, available at https://bau3d.com/terms-of-service/ and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Bau3D’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

4. You may not use the Bau3D Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the United States and the State of Texas. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.

5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Bau3D.

6. You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use Bau3D or Bau3D trademarks and/or variations and misspellings thereof.

7. Questions about the Terms of Service should be sent to support@bau3d.com.

8. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

9. Bau3D’s Auto Generated Email Services utilize Third Party Providers, including Zoho Mail (a Zoho Company). Auto Generated Email may be unintentionally captured by Vendor and Vendor Customer SPAM folder. Bau3D is not responsible for undelivered Email. If You or a customer knows of or suspects any violations of the Email Services Requirements, please notify Bau3D at support@bau3d.com. Bau3D will determine compliance with the Email Services Requirements in its discretion.

10. You acknowledge and agree that your use of the Services, including information transmitted to or stored by Bau3D, is governed by its Privacy Policy at https://bau3d.com/privacy-policy/

11. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Bau3D’s Terms of Service available in another language, the most current English version of the Terms of Service at https://bau3d.com/terms-of-service/ will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Bau3D (acting in its sole discretion) or as required by applicable law.

12. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Bau3D shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Bau3D’s prior written consent, to be given or withheld in Bau3D’s sole discretion.

13. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

In Summary:

The Bau3D service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose. Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.

4. Applicable Law

1. “Bau3D Contracting Party” means Bau3D LLC, a Texas Limited Liability Company, with mailing location at 6001 W Parmer Ln Ste 370, Austin, TX 78727 United States.

2. These Terms of Service and the use of Services shall be governed by the laws of Texas, USA without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than Texas, USA. You agree that any and all disputes arising from or relating to the subject matter of these Terms of Service, including disputes relating to the validity thereof, and any disputes related to the use of the Services, shall be governed by the exclusive jurisdiction and venue of the federal and state courts located in Travis County, Texas, USA.

In Summary:

If a dispute arises you may bring an action in the State of Texas (USA).

5. Bau3D Rights

1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.

2. We reserve the right to refuse service to anyone for any reason at any time.

3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.

4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Bau3D customer, Bau3D employee, member, or officer will result in immediate Account termination.

5. Bau3D does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.

6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Bau3D employees and contractors may also be Bau3D customers/vendors and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.

7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.

8. Bau3D retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Vendor Owner. If we are unable to reasonably determine the rightful Vendor Owner, without prejudice to our other rights and remedies, Bau3D reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

In Summary:

We can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over a Bau3D account, we can freeze the account or transfer it to the rightful owner, as determined by us.

6. Confidentiality

1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Bau3D’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.

2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

In Summary:

Both you and Bau3D agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.

7. Limitation of Liability

1. You expressly understand and agree that, to the extent permitted by applicable laws, Bau3D shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.

2. To the extent permitted by applicable laws, in no event shall Bau3D or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Bau3D partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the Acceptable Use Policy, or your violation of any law or the rights of a third party.

3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

4. Bau3D does not warrant that the Services will be uninterrupted, timely, secure, or error-free.

5. Bau3D does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

6. Bau3D does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

In Summary:

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited. For example, we are not held liable for pricing errors generated by our software under any conditions. The Vendor is responsible for testing prices generated and reporting errors to Bau3D Support.

8. Waiver, Severability, and Complete Agreement

The failure of Bau3D to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.

The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Bau3D and govern your use of the Services and your Account, superseding any prior agreements between you and Bau3D (including, but not limited to, any prior versions of the Terms of Service).

In Summary:

If Bau3D chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later.

These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and Bau3D don’t apply if they conflict with these terms.

9. Intellectual Property and Customer Content

1. We do not claim any intellectual property rights over the Materials you provide to the Bau3D Service. All Materials you upload remains yours. You can remove your Bau3D Store at any time by deleting your Account.

2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow Bau3D to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Bau3D can, at any time, review and delete all the Materials submitted to its Service, although Bau3D is not obligated to do so.

3. You retain ownership over all Materials that you upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.

4. Bau3D shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.

In Summary:

Anything you upload remains yours and is your responsibility.

10. Payment of Fees

1. You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers other than Bau3D Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as Bau3D Payments, Equipment, shipping, apps, Experts Marketplace, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.

2. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Bau3D will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Bau3D will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.

3. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Bau3D’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Vendor Owner via the email provided. As well, an invoice will appear on the Account page of your Store’s administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.

4. If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Bau3D reserves the right to terminate your Account.

5. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

6. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Bau3D’s products and services. To the extent that Bau3D charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Bau3D of your exemption. If you are not charged Taxes by Bau3D, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

7. For the avoidance of doubt, all sums payable by you to Bau3D under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Bau3D to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Bau3D shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.

8. You must maintain an accurate location in the administration menu of your Bau3D Store. If you change jurisdictions you must promptly update your location in the administration menu.

9. Bau3D does not provide refunds.

In Summary:

A valid payment method (like a credit card) is required for all stores. You will be billed for your Subscription Fees every 30 days. Any Transaction Fees or Additional Fees will be charged to your payment method. If we are not able to process payment of Fees using your payment method, we will try again in 3 days. If we are unable to process payment of Fees on the second attempt, we will make a third and final attempt three days later. If payment of Fees is unsuccessful after three attempts, Bau3D may freeze your store. You may be required to remit Taxes to Bau3D or to self-remit to your local taxing authority. No refunds.

11. Cancellation and Termination

1. You may cancel your Account and terminate the Terms of Service at any time online or by contacting support@bau3d.com and then following the specific instructions indicated to you in Bau3D’s response.

2. Upon termination of the Services by either party for any reason:

1. Bau3D will cease providing you with the Services and you will no longer be able to access your Account;

2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

3. any outstanding balance owed to Bau3D for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

4. your Store website will be taken offline.

3. Your subdomain name through Bau3D upon cancellation will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your subdomain including forwarding with the domain provider.

4. If there are any outstanding Fees at the date of termination of the Service owed by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

5. We reserve the right to modify or terminate the Bau3D Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.

6. Fraud: Without limiting any other remedies, Bau3D may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.

In Summary:

To initiate a termination, contact support@bau3d.com. Bau3D will respond with specific information regarding the termination process for your account. Once termination is confirmed, subdomains on Bau3D will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.

We may change or terminate your account at any time. Any fraud and we will suspend or terminate your account.

12. Modifications to the Service and Prices

1. Prices for using the Services are subject to change upon 30 days’ notice from Bau3D. Such notice may be provided at any time by posting the changes to the Bau3D Site (bau3d.com) or the administration menu of your Bau3D Store via an announcement.

2. Bau3D reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).

3. Bau3D shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

In Summary:

We may change or discontinue the service at anytime, without liability.

13. Third Party Services

1. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

In Summary:

We are not responsible for third party services so use them at your own risk. If you use Third Party Services on the Bau3D platform, you permit us to send your data to those services. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.

14. Beta Services

From time to time, Bau3D may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Bau3D will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Bau3D Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Bau3D’s prior written consent. Bau3D makes no representations or warranties that the Beta Services will function. Bau3D may discontinue the Beta Services at any time in its sole discretion. Bau3D will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Bau3D may change or not release a final or commercial version of a Beta Service in our sole discretion.

15. Feedback and Reviews

Bau3D welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to Bau3D be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Bau3D (whether submitted directly to Bau3D or posted on any Bau3D hosted forum or page), you waive any and all rights in the Feedback and that Bau3D is free to implement and use the Feedback if desired, as provided by you or as modified by Bau3D, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Bau3D must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Bau3D reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

16. DMCA Notice and Takedown Procedure

Bau3D supports the protection of intellectual property and asks Bau3D merchants to do the same. It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”), the text of which can be found at the U.S. Copyright Office website, https://www.copyright.gov. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Bau3D’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. Please contact support@bau3d.com with supporting documentation of the copyright infringement.

In Summary:

Bau3D respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.

If you believe one of our merchants is infringing your intellectual property rights, you can send Bau3D a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant.

17. Rights of Third Parties

Save for Bau3D and its affiliates, Bau3D Users or anyone accessing Bau3D Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.

In Summary:

Only Bau3D, Bau3D Users and persons accessing Bau3D Services have any rights under these Terms of Service.

18. Privacy & Data Protection

Bau3D is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Bau3D’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

In Summary:

Bau3D’s use and collection of personal information is governed by our Privacy Policy.

Bau3D LLC

6001 W Parmer Ln Ste 370

Austin, TX 78727

United States