LAST UPDATED FEBRUARY 28, 2023
This End User License Agreement (“EULA”) together with our Privacy Policy governs the provision of Video to 3D Service (as defined below) by ZIBRA AI INC (“Zibra AI” or “we”) to you as an end user (“you” or “User”).
Please read this EULA carefully.
BY ACCESSING, OR USING THE VIDEO TO 3D SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THIS EULA, YOU HAVE NO RIGHT TO ACCESS OR USE THE VIDEO TO 3D SERVICE.
If you accept this EULA on behalf of the company or other legal entity, you warrant that you have the full legal authority to accept the terms and conditions of this EULA on behalf of such company or other legal entity.
You may not accept this EULA if you are not of legal age to enter into a legally binding contract with Zibra AI Inc in your jurisdiction.
1. Definitions
In this EULA, the following definitions shall have the meaning assigned to them in this clause unless the context requires otherwise:
“3D Model” means a three-dimensional object, which is built using the Video to 3D Service;
“GDPR” means General Data Protection Regulation (Regulation (EU) 2016/679, dated 27 April 2016);
“License” shall mean the terms and conditions for installation, access, and use of the Video to 3D Service and 3D Model as defined by the clause 2.1 of this EULA;
“Personal Data” means any Personal Data within the meaning of the GDPR;
“Video” means a video that is created or recorded by you;
“Video to 3D Service” shall mean a service based on Zibra`s technology and software, which builds the 3D Model via processing the data of the Video uploaded by You; and
“Updates” mean any modified versions and updates of the Video to 3D Service.
The Video to 3D Service is currently under development. This is a alpha version, so the functionality is not complete; some limitations and issues may occur during usage.
2. Grant of License.
2.1. Subject to the terms of this EULA, Zibra AI hereby grants to you a worldwide, non-exclusive, no-charge, royalty-free, revocable, and limited license to use the Video to 3D Service through uploading no more than five (5) Videos on it for the building of the 3D Model based on such uploaded Video and using this 3D Model for the internal non-commercial use only and for the sole purpose of testing and evaluating the Video to 3D Service. Zibra AI reserves all rights not expressly granted to you.
2.2. You are not allowed to post or make available to the public any pieces of the 3D Model which is built through the Video to 3D Service and any technical, derivative, or other results of using the Video to 3D Service and/or the 3D Model in any commercial or noncommercial projects.
2.3. Sublicensing of this License is prohibited.
3. Video content. Rights to upload Video
3.1. Zibra AI shall not not responsible and liable for the Video content and the 3D Model generated out of the Video as well as for the consequences of uploading the Video and for sharing the 3D Model. You shall remain the owner of the Video.
3.2. By uploading the Video on the Video to 3D Service, you grant Zibra AI a worldwide, non-exclusive, perpetual, royalty-free, transferable license with a right to sub-license to use, reproduce, reformat the Video, including the right to create derivative works based on the Video.
3.3. The Video shall not include any Personal Data. To this extent, Zibra AI waives any liability in connection with the Personal Data that you may upload or display in the Video (such as pictures, identity documents or other) that relates to an identifiable individual, and you shall indemnify Zibra AI in case of any breach and/or claims by a third party.
3.4. You warrant that you have (and will continue to have during your use of the 3D Model) all necessary licenses, rights, consents, and permission which are required to enable Zibra AI to use the Video for the purpose of provision the Video to 3D Service, and otherwise to use the 3D Model in the manner contemplated by this EULA.
3.5. When displaying a trademark, a trade dress, a pattern, a copyright object, and/or industrial design in the Video, you warrant that you have all necessary licenses, rights and permissions to use and/or fix such a trademark, a trade dress, a pattern, a copyright object, and/or industrial design in the Video, redistribute it and create derivative works, which include such a trade dress, a pattern, a copyright object, and/or industrial design, and such using and/or creating of derivative works will in no event violate any rights of third parties and/or an applicable law. In case of breach of this clause 3.5, You will indemnify and hold Zibra AI harmless in accordance with paragraph 11 of this EULA.
3.6. You are solely responsible for the Video you upload on the Video to 3D Service, and you assume all risks associated with it, including the reliance of others on its accuracy and any claims related to intellectual property or other legal rights.
3.7. By uploading the Video to the Video to 3D Service, you represent that doing so does not violate the applicable legislation, third parties` rights, including intellectual property rights, and/or any other agreement you’ve made.
3.8. If you post the Video that you did not create or recorder, you must have the right to do so, such as if the Video is in the public domain, used under license, or falls under the fair use doctrine.
3.9. Zibra AI does not review or examine the Video. However, Zibra AI reserves the right to remove any Video you upload for any reason.
3.10. Zibra AI may store the Video uploaded by you for no longer than thirty (30) calendar days.
4. Permitted use. Restrictions
4.1. To use the Video to 3D Service, upload the Video and get the 3D Model, your computer shall have access to the Internet and shall meet the technical requirements described on the webpage https://videoto3d.zibra.ai/
4.2. You shall use the Video to 3D Service in accordance with applicable laws and shall not (i) modify, adapt, redistribute, decompile, reverse-engineer, disassemble, incorporate the Video to 3D Service into or with other products or software not contemplated by this EULA or otherwise attempt to derive the source code of the Video to 3D Service; (ii) sell, allow access to, rent, encumber, give, or sublicense or otherwise transfer to anyone the Video to 3D Service, or any portions thereof, (iii) use the Video to 3D Service other than for the purposes indicated in this EULA; (iv) copy or otherwise reproduce the Video to 3D Service; (v) violate in any way any applicable federal, state, local, or international law or regulation or this EULA; (vi) use the Video to 3D Service for the purposes of creation of content and/or products of any kind promoting violence, harassment and/or having pornography character or mention Zibra AI among persons related to the creation and/or promotion of creation of such content and/or products is strictly prohibited; and (viii) without an express authorization of Zibra AI, use the Video to 3D Service in any digital representation of value, ownership, or contractual rights.
5. Updates
5.1. Zibra AI may modify the Video to 3D Service at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.
5.2. Any maintenance and support provided by Zibra AI, including the provision of Updates, will be provided reasonably on an “as is” basis without any warranty expressed or implied, as soon as reasonably practicable, and subject to the staff’s availability.
5.3. Zibra AI is not obliged to provide any maintenance, technical or other support for the Video to 3D Service, including the Updates.
6. Confidentiality
The terms of this EULA are confidential. You may disclose the terms of this EULA only if (i) such disclosure is required by law; or (ii) if such disclosure is made for the purposes of arbitration, court proceedings, or mediation.
7. Ownership
7.1. Zibra AI retains all rights, title, and interest in and to all the intellectual property (including without limitation all patent, trademark, copyright, trade dress, trade secrets, database rights, and all other intellectual property rights) embodied in or associated with the Video to 3D Service, source and object code, technology and any content created or derived therefrom. You acknowledge that the License does not provide You with title or ownership to the Video to 3D Service, but only a right of limited use subject to this EULA. This EULA does not create any implied licenses, and Ziba AI expressly reserves all rights not expressly granted to You thereunder. User shall not use the Video to 3D Service in any way not explicitly permitted by this EULA and incompliant with the ownership rights stated herein.
7.2. You shall have no rights to any source code for the Video to 3D Service. You may not reverse engineer, decompile, disassemble, or otherwise modify the Video to 3D Service.
8. Trademarks
This EULA does not grant you any permission to use the trade names, trademarks, service marks, or product names of Zibra AI, except as required for reasonable and customary use in describing the origin of the Video to 3D Service.
9. Disclaimer of warranty
Unless required by applicable law or agreed to in writing, Zibra AI provides the Video to 3D Service on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Video to 3D Service and assume all risks associated with your exercise of permissions under this EULA.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE VIDEO TO 3D SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE VIDEO TO 3D SERVICE OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ZIBRA AI OR THROUGH THE VIDEO TO 3D SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10. Limitation of Liability
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall Zibra AI be liable to you for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this EULA or out of the use or inability to use the Video to 3D Service (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses), even if Zibra AI has been advised of the possibility of such damages.
11. Indemnification
You shall indemnify Zibra AI from and against any and all losses, damages, liabilities, claims, demands, suits, expenses and any other out-of-pocket costs (including all reasonable attorney`s fee and expenses) which Zibra AI may incur or be liable for arising out of or in connection with this EULA, uploaded Video and/or 3D Model, directly or indirectly, including the breach of this EULA and/or the use of the Video to 3D Service.
12. Dispute resolution
You and Zibra AI (a) hereby irrevocably and unconditionally submit to the jurisdiction of the state courts of Delaware and to the jurisdiction of the United States District Court for the District of Delaware for the purpose of any suit, action or other proceeding arising out of or based upon this License, (b) agree not to commence any suit, action or other proceeding arising out of or based upon this EULA except in the state courts of Delaware or the United States District Court for the District of Delaware.
13. Governing law
THE EULA AND ANY ACTION RELATED TO IT WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
14. Contact Information
Zibra AI Inc.
16192 Coastal Highway
Lewes, Delaware 19958,
support@zibra.ai
