Terms and Conditions

‍Last Updated March 27, 2024

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These Terms and Conditions, which also include the Privacy Policy, Cookies Policy, Data Processing Addendum set out the terms and conditions for the use of the Service offered by Sibe Inc. By clicking "Accept", by using any of the Services or by paying for use of the Service, you acknowledge that you have read and understood, and agreed to these Terms and Conditions on behalf of any person or entity for whom you are using our Service.

If you do not agree to any of these Terms and Conditions, then you should not use the Service. All rights not expressly granted in these Terms are reserved by Sibe Inc.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

We may change these Terms and Conditions from time to time by posting updates to the Website (https://www.sibe.io). You are advised to check the Terms and Conditions from time to time for any updates that may impact you and if you do not accept such amendments, you must cease using our Service.

Who We Are and How To Contact Us

‍In these terms and conditions "Sibe Inc.", "Sibe", "Sibe.io", "We", "Us" and "Our" means Sibe Inc., a Delaware company, and "you" and/or "your" means any natural or legal person who uses the Website and Service. We can be contacted by email at info@sibe.io.

Agreement to these Terms and Conditions

You agree to be legally bound by the following Terms and Conditions (the "Terms") by using the Service. If you do not agree to these Terms, you must not use the Site. We recommend that you keep a printed copy of these Terms for future reference. You shall be legally bound by these Terms if you pay for the use of the Service under an invoice issued by Us or if you sign a Trial period Agreement with us.

The following additional legal terms are hereby incorporated into these Terms and apply to your use of the Service:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
Our Cookie Policy which sets out information about the cookies on the Website.

Changes to these Terms

We may amend these Terms from time to time. Such changes will only affect the relationship with the Authorized User for the future. Every time you wish to use the Service, please check these Terms to ensure you understand the Terms that apply at that time.

The continued use of the Service will signify the Authorized User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement.

We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Service for business and operational reasons.

You are also responsible for ensuring that all persons who access the Service are aware of these Terms and other applicable legal terms and that they comply with them.

Definitions

To help you read and understand these Terms, we've set out definitions of some key terms below:

"Authorized User" means any person or entity that a Customer authorizes to use the Service on its behalf. This includes employees and personnel of the Customer who are authorized to use the Services on the Customer's behalf but also includes support partners and other third parties with whom a Customer shares its Sibe.io account details (and for whose conduct the Customer is responsible).

"Content" means text, graphics, audio and video materials, documentation, information posted in the Software / App or Website, perceivable by a person or with the help of special devices.

"Customer" means the person or entity who registers to use the Service by creating a Sibe.io account. If you are creating an account or using the Services on behalf of a business, you agree that you are accepting these Terms and have the authority to enter into these Terms, on behalf of the business, which will be deemed to be the Customer, and will be bound by these Terms.

"Owner" means the owner of Intellectual Property Rights in the Software.

"Personal Data" means any Data relating to an identified or identifiable natural person ('data subject'); an identifiable natural person or household are ones who can be identified, directly or indirectly (in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person), such as your first and last name, identity number, e-mail address, address and province, telephone number, education details and training records, employment data, financial and / or banking data, as well as other data related to demographics, other (online) contact data etc.

"Service" means Sibe.io software and services, and any features, technologies, or functionality provided by those products or services offered by us, including the software. Your use of the Services will be subject to any allowances and/or limits that apply to the Sibe.io plan that you have purchased. The Service allows several Authorized Users to work on one 3D model in parallel (upload a model and comment on it). The software required for the functioning of the Service is located on our servers. Access to the mentioned software is provided to you remotely. Depending on your role in the Service, you may upload 3D models to the Service, as well as view 3D models (access to which has been granted to you by other users) and comment on such 3D models.

"You" means the Customer and (where the context permits) includes any Authorized Users. "We" or "Sibe" means Sibe.io.

Content on Sibe.io

By posting User Content to or via the Service, you grant us a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license to host, store, transfer, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms and Conditions, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether known or hereafter developed, for the purpose of performance of these Terms and Conditions.

Unless where otherwise specified or clearly recognizable, all content available on sibe.io is owned or provided by the Owner or its licensors. The Owner undertakes its utmost effort to ensure that the content provided on Sibe.io infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Authorized Users to enforce their rights, Authorized Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (DMCA). For your notice to be valid under DMCA, you provide the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address.
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In order to make notices under DMCA, please contact us at info@sibe.io.

If you believe that you are the wrongful subject of a DMCA notice, you may file a counter-notice. For your counter-notice to be valid under DMCA, you provide the following information in writing:

Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number.
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the original DMCA notice.

In order to make notices under DMCA, please contact us at info@sibe.io.

Account Information

To lawfully use our Services, you must be at least at the age your country of residence defines as the least age to offer information society services. You agree to provide true, accurate, current, and complete account information, and to maintain and promptly update your account information to ensure that it remains true, accurate, current, and complete. We will use that information to contact you from time to time, so it is important that you keep all of your contact details, and those of your Authorized Users, up to date.

Access to External Resources

Through Sibe.io Authorized Users may have access to external resources provided by third parties. Authorized Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties result from each such third parties' terms and conditions or, in the absence of those, applicable statutory law.

Acceptable Use

Authorized Users must not:

Use the Service in any unlawful manner (or if use of the Services would cause you to breach any law or regulation applicable to you), for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms;
Infringe our Intellectual Property rights or those of any third party in relation to your use of the Service;
Transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of Service;
Use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
Collect or harvest any information or data from the Services or our system or attempt to decipher any transmissions to or from the servers running any Service;
Disclose or distribute information relating to another Authorized User of the Service to any third party, or use any other Authorized Users' information for any marketing purposes unless you have their express permission to do so;
Access or register Authorized User logins via bots or any other automated methods;
Use sexually explicit, racial, ethnic, cultural, or similarly offensive, provocative, shocking, or inappropriate names and labels and other offending content;
Process personal data in any unlawful way such as not following the provisions of:
- The General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) The Directive 2002/58/EC (ePrivacy Directive) and/or the Privacy and Electronic Communications (EC Directive)
- The California Consumer Privacy Act of 2018
- Any other law relating to the processing, privacy, and/or use of Personal Data
- Any laws which implement any such laws; any laws replacing, extending, re-enacting, consolidating, or amending any of the aforementioned, and
- Any judicial or administrative interpretation of any of the above, any guidance, guidelines, codes of practice, approved codes of conduct, or approved certification mechanisms issued by any relevant Supervisory Authority

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the Authorized User's legitimate interests into account. Provisions regarding changes to these Terms will apply accordingly. Authorized Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Intellectual Property

You acknowledge and agree that Sibe may offer Content that is protected by copyright, trademark, trade secrets, or other proprietary rights and laws governing such legal relations. Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to Sibe.io are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks - nominal or figurative and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Sibe.io are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Except as expressly provided by the Terms and Conditions, You agree not to use such Content in bad faith, in whole or part, including but not to because such use would be in direct violation of copyright rights and interests, and in rights and interests of other Customers.

Subject to these Terms and Conditions, Sibe hereby grants Authorized User a limited, non-exclusive, non-transferable, non-sublicensable worldwide license (with the exception of jurisdictions that are embargoed or designated as supporting terrorist activities by the United States Government) to access and use the Service in connection with their internal business purposes. The term of the above license shall be specified in an invoice issued by Us and payable by You. The term of the above license may include a free trial of the Services, the length whereof is outlined in relevant invoice. At any time prior to or during the free trial, Sibe may, in its sole discretion, terminate the free trial without prior notice and without any liability to you, to the extent permitted under applicable law, for any reason, including to prevent abuse of the free trial.

Any use of Services, except as specifically stated in these Terms of Use, is prohibited. Technology and computer software, applications, content, design, images, and the like underlying or relating to Services, are protected by copyright and other laws. You agree not to carry out the following actions, namely: copy, modify, create derivative works of, use for neural network training purposes, reverse engineer, disassemble or otherwise attempt to derive the source code, sell, assign, sublicense, or otherwise transfer rights to Services. Any rights not expressly granted herein are reserved to Sibe. No part of these Terms of Use shall be construed as granting, by implication, or otherwise, any license or right to use intellectual property rights for Services or parts thereof.

By using the Services, you give Sibe permission to use your trademark (logo), brand name, and business name to indicate the fact of your cooperation with Sibe on the Website (https://sibe.io) and in presentation, advertising or informational materials for a period of 10 years.

Termination of Accounts

We can suspend your account at any time with or without written notice to you. Such termination will be effective at the end of your then-current paid-up agreement. We may also cancel your right of use of the Service immediately, if, at our discretion:

You have committed a material or persistent breach of these Terms or any other terms applying to your use of the Service;
We consider that the provision of Services, or use of them, in your territory or jurisdiction will or is likely to breach any applicable law;
We decide to withdraw the Service from your territory or jurisdiction altogether, or
You fail to comply with any limits or restrictions that may apply to your plan;
Your use of the Service is creating a security or availability risk for Sibe or our other customers, is impacting (or may impact) the stability or performance of our systems, or is requiring disproportionate resources to deliver (e.g. in terms of storage or processing requirements, support requests or helpdesk queries).

You are entitled to terminate your account with Sibe at any time. You can request to terminate your account by sending an email to info@sibe.io. If you terminate your account before the end of your current paid agreement, your cancellation will take effect immediately and you are entitled to get a refund of fees paid in advance pro-rated the term of your use of the Service since paying our invoice. Payment refunding shall be made within 14 days after termination of the subscription. The refund shall be made within 14 days after the termination of the subscription to the bank account from which the first payment was received.

If your account is canceled, your account will be deactivated/deleted and all your rights granted under these Terms will immediately cease, except to the extent that it is necessary for them to continue in respect of our ongoing storage of your data to the date of permanent deletion. We are not liable for any loss or damage following, or as a result of cancellation of your account, and it is your responsibility to ensure that any content or data which you require is exported, backed-up, or replicated before cancellation.

Fees and Taxes

The fees and charges for use of the service ("Fees") are set out on the Website (https://www.sibe.io), or as notified to You in an invoice issued by Us in the case of an exclusive contract negotiated between You and Sibe and are subject to change. We can change the Fees, and/or introduce new pricing packages and terms, at any time. The new Fees or pricing will apply to you upon the expiry of that notice unless you choose to cancel the account before the changes take effect. Also, the new Fees will apply to you immediately if you choose to change your plan/package, or if you reactivate your plan after cancellation. Fees are charged in advance on a monthly or annual basis.

If you are carrying out a free trial of the Services (Demo), the free trial will begin on the day that you subscribe for the Demo and end of the published trial period. If you wish to continue to use the Services at the end of the demo period, you will need to provide valid payment details. You indemnify and hold Sibe harmless against any claims by any tax authority for any underpayment of any services, value-added or other tax or levy, and any penalties and/or interest.

Payment of your Fees could incur additional bank fees at the discretion of your bank. Bank fees may be charged for currency conversion and international settlement, and your charge may still be subject to additional fees even if you are being charged by Sibe in your local currency. If your bank / credit card statement charge differs from your invoice, please contact your provider / bank in the first instance. Sibe is not liable for any additional bank transaction fees that may be charged.

Service Interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the Authorized Users appropriately. Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Authorized Users to enable them to withdraw Personal Data or information in accordance with applicable law. Additionally, the Service might be unavailable due to reasons outside the Owner's reasonable control, such as "force majeure" (e.g. labor actions, infrastructural breakdowns or blackouts, etc.).

If the performance of the Terms or any obligation under the Terms is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("force majeure"), and if the party is unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term force majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease, or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm, or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lockouts, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

Service Reselling

Authorized Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of Sibe.io and its Service without the Owner's express prior written permission, granted either directly or through a legitimate reselling program.

No Malicious or Illegal Use

You must not: (a) use the Service in any unlawful manner (or if use of the Service would cause you to breach any law or regulation applicable to you), for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe our intellectual property rights or those of any third party in relation to your use of the Service; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service; (d) use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (e) collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running any Service; (f) disclose or distribute information relating to another Authorized User of the Service to any third party, or use any other Authorized User's information for any marketing purposes unless you have that Authorized User's express permission to do so; or (g) access or register Authorized User logins via bots or other automated methods.

You Are Responsible for Your Use of the Service and You Indemnify Us

You are responsible for all activity that results from the use of the Service through your account. You are responsible for maintaining the security of your account and password. Sibe will not be liable for any loss or damage that may result from any failure to keep usernames and passwords secure. You indemnify Sibe against all forms of liability, actions, proceedings, demands, costs, charges, and expenses that Sibe may incur or suffer as a result of the use of the Service through your account or as a result of your failure to comply with these Terms.

Data Protection

We will maintain appropriate technical and organizational measures to protect the security of the data or content that you input into the Service. Information about the current methods of protecting the information you input into the Service is provided in the Data Security section of our website at https://www.sibe.io/data-security.

You are responsible for complying with all applicable data protection laws in respect of your use of the Services and with regard to any instructions you issue to Sibe with regard to the processing of personal data you provide to Sibe through the Service. In particular, you must ensure you have properly informed and obtained all necessary rights, authorizations, or consents from any end-users, personnel, or other individuals to whom the data relates, to enable Sibe to lawfully access their personal data under these Terms and to process their personal data outside of their country of residence.

You shall not provide (nor permit any Authorized User to provide) any Sensitive Data to Sibe. For the purpose of these Terms, "Sensitive Data" shall mean data revealing a person's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetics, biometrics, health data, data about sex life or sexual orientation, or data about criminal convictions and offences.

If you are in the European Union / United States of America and your use of the Services requires us to process personal data falling within the scope of the applicable legislation of the EU / USA, then you may ask for our Data Processing Addendum ("DPA"). Once executed, the DPA shall apply to the processing of such personal data and shall hereby be incorporated by reference.

Data Deletion

On expiry or termination of these Terms, or upon cancellation of your account, the data submitted by you to the Service will be deleted after 180 days, unless applicable laws or regulations require Sibe to retain the data for a longer period. To the extent that we continue to hold the data, it shall be securely isolated and protected from further processing except to the extent required by applicable law.

Governing Law

These Terms shall be governed by and construed under the laws of Delaware. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Delaware.

No Waiver

The Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Contacts

All communications relating to the use of Sibe.io must be sent using the contact information stated in this document.

Disclaimer of Warranties

THE USE OF THE SERVICE IS CARRIED OUT AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". THE USE OF THE SERVICE DOES NOT PROVIDE ANY WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED NON-INFRINGEMENT WARRANTIES. THE USE OF THE SERVICE DOES NOT PROVIDE ANY WARRANTIES THAT (I) THE SERVICE WILL MEET ALL YOUR REQUIREMENTS, (II), THE SERVICE WILL WORK IN AN UNINTERRUPTED, SECURE, OR ERROR-FREE FASHION, (III) THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICE, WILL BE ACCURATE OR RELIABLE OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED FROM MERCHANTS USING LOYVERSE WILL MEET ALL YOUR REQUIREMENTS.

From time to time, we may add, make changes to, or remove altogether features or functionality of the Service. If you are using the Service, you may need to install a new or updated version of your Web browser before you can receive the benefit of those changes. We may also decide to cease providing all or some of the Service at any time, and nothing in these Terms is to be taken as a guarantee that any Service will always be available, either in its current form or at all, or that we will support, maintain, or continue to offer the Service or any version of them.

Disclaimer

YOU UNDERSTAND AND AGREE THAT BY USING SERVICES, YOU ALONE ARE RESPONSIBLE AND SHALL NOT HOLD SIBE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING (WITHOUT LIMITATION) LOSS OF REPUTATION, USE OF PERSONAL DATA OR OTHER INTANGIBLES ON THE BASIS OF THE AGREEMENT, OFFENSES, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE (WITHOUT LIMITATION), RESULTING FROM: (I) THE USE OR INABILITY TO USE SERVICES; (II) SPENDING ON GOODS, THEIR REPLACEMENT AND/OR OTHER AS A RESULT OF DATA, INFORMATION, COMMUNICATIONS RECEIVED FROM LOYVERSE AND/OR OTHERWISE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR COMMUNICATIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY USING SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE USE OF SERVICES.

IN NO EVENT WILL SIBE TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO SIBE IN THE PRECEDING MONTH FOR THE SERVICES, OR IF YOU HAVE NOT HAD ANY SUCH PAYMENT OBLIGATIONS, ONE HUNDRED UNITED STATES DOLLARS ($100).

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY SIBE TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS.

This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.