Terms and Conditions

Internet site version as of 24/11/2017

1. Purpose and Scope

These General Terms and Conditions (hereinafter referred to as “Terms and Conditions” or “Terms”) are intended to define the terms by which the Company Kubity grants access to and enables the use of its different applications and products (also called “Services” hereinafter) through different channels (the web, the desktop and mobile applications, the CAD extensions, the software systems), as well as to define the rights and obligations of the various parties within this framework. These Terms and Conditions are applicable with no exception to all visitors, Users and any other person who accesses and uses the Kubity products (hereinafter designated as “User” or “Users”).

This English version is for information only; even if it is an accurate translation of the genuine terms and conditions in the French language, only the French version, as stated in article 23, may be used in the event of any contradiction or dispute concerning the meaning of any of the terms or provisions.

2. Manager and Contact Details

Kubity is a French company registered under the Registry of Trade and Companies of Paris under the number 788 542 439 whose head office is located at 33 Rue de Miromesnil 75008 Paris.
Contact information:
Street Address: 33 Rue de Miromesnil, 75008 Paris, France
Telephone: +33 142 682 066
E-mail: contact@kubity.com

3. User Representations

The User guarantees and represents to be either:

  1. a physical person having the full legal capacity - or agreed by a legal representative - to be bound by these Terms and Conditions,
  2. any legal entity acting through an individual having full legal capacity to contract for and act on behalf of the entity to be bound by these Terms and Conditions. The User acknowledges he/she uses the Technology under his/her own responsibility. Any User who cannot fulfill the aforementioned representations shall abstain from the access to and use of the Technology, the Website, and the Applications.

4. Acceptance of Terms and Conditions

4.1 - In order to use any Kubity products you must first accept these Terms. We advise you to print a copy of these Terms for your records; These Terms are accepted when:

  • you click to accept or agree to the Terms;
  • you use Kubity products

4.2 - Access to Kubity Services by a User entails their acceptance without any reservation of the Terms and Conditions. Acceptance of these Terms and Conditions can only be full and complete. Any qualified acceptance shall be considered as null and void. The User who does not accept to be bound by these Terms and Conditions must not access or use the Kubity Services.

5. Kubity Products

5.1 - General purpose

Kubity provides a range of applications and products to enlarge the access of 3D and virtual reality to everyone on every kind of display. Kubity aims at making 3D a new vector of conversation and communication, by facilitating the sharing and the visualization of 3D models. It intends to give to the creators of 3D the possibility to control the diffusion and the integrity of their work, and to bring to viewers proper command of 3D exploration.

5.2 - Current applications and products

Kubity will regularly release and update applications and products to meet the needs of its Users. At the date of this notice, it provides the following:

  1. A website, www.kubity.com, which provides general information.
  2. Kubity PRO, a plugin for the Autodesk Revit and Trimble SketchUp applications that allows a User to convert a 3D model in a supported format to a Kubity model (the “Replica”) and to share it.
  3. Kubity Go, a mobile application that allows a User to view, share and collect Kubity models.
  4. Kubity VR, a virtual reality mobile application that allows immersion in the Kubity model using virtual reality technology.
  5. Kubity AR, an augmented reality mobile application that allows a User to overlay digital information alongside a real-world environment using the camera of a phone or tablet.
  6. Kubity Mirror, a screen mirroring mobile application that allows a User to control and present a model with his device on another screen, from the dedicated browser webpage: https://mirror.kubity.com/.
  7. The possibility to create a cinematic tour, to display a model in monochromatic matte "Clay" mode, and to explore a model in first-person perspective. Some CAD extensions to convert 3D models to other formats.

6. Kubity Technology and the Protection of 3D Model Ownership

All Kubity products, applications and software preserve the integrity of the original 3D model. The conversion of a 3D model uses extracted data without modifying the original model. Access to the converted 3D model through the desktop application is for visualization only and does not allow modification or transformation of the 3D model in any way.

7. Terms of Sale

7.1 - Trial version: Kubity offers a full 14-day free trial of Kubity PRO for a first-time user. No credit card is required. At the end of the trial, the User is not obligated to continue service.

7.2 - Kubity PRO:

Kubity offers to Users a "Kubity PRO" service that correspond to the needs of professionals, through an annual subscription and the granting of a Kubity PRO Pass.
The Kubity PRO pass gives a User the ability to convert an unlimited number of models simultaneously and keep each of them a year in their Kubity personal space. It also provides access to immediate visualization in augmented reality and virtual reality, among others.

As stated in articles 9.4 and 18 hereunder the Kubity PRO users benefit from a personal space reserved for them within the application and which guarantees them the total confidentiality of their data and protection against commercial solicitations

7.3 - General conditions

  • Some bonus advantages can be offered to certain categories of users
  • Some specific paying conditions can be set for multiple business users
  • The subscription fees are listed in euros for countries in the Eurozone and in US dollar
  • for the rest of the world. Applicable taxes may vary according to national law and international treaties and you have to refer to them, as Kubity is not entitled to give official information in this domain.
  • To pay the subscription fees, the user can make use of a bank credit card, a PayPal payment, and for large amounts and by agreement with Kubity, a bank wire transfer. A receipt of the purchase will be sent by mail to the buyer.
  • All payments are final and there shall be no refunds, except as required by law.
  • In case of errors or questions about your electronic transactions, call +33 142 682 066
  • or mail to payment@kubity.com.
  • Kubity reserves the right to cancel a sale if it was done through a fraudulent payment.
  • If a Kubity system incident occurs, which seriously impede a paying user to access Kubity services Kubity will compensate the User under the appropriate terms.

7.4 - Purchase through a third party

If you have purchased Kubity applications and product through a third party, these Terms of Sale do not apply. Kubity is not liable for any claims related to purchases made through third parties. The users in this situation have to contact the third party directly

8. Obligations, acceptations, and responsibilities of the user
Without prejudice to other obligations provided for in these Terms and Conditions, the User accepts without any reservation the following provisions:

8.1 - The User respects and abides by all laws and regulations in force and commits not to violate public order or infringe on the rights of any third party.

8.2 - The User guarantees to be individually and solely responsible of their use of the Services and in particular for any relations that he/she may form with other Users and/or third parties and for the information that he/she may share with others. The User must exercise appropriate caution and good judgment in these relations and exchanges. The User also undertakes, in these exchanges with other Users and/or third parties, to respect the usual rules of politeness and courtesy.

8.3 - The User must provide Kubity with all necessary information for the proper implementation of the Services. More generally, the User agrees to actively cooperate with Kubity in order to ensure the proper application of these Terms and Conditions.

8.4 - The User acknowledges and accepts that the implementation and use of Kubity applications and products requires a connection to the Internet, to have a device with the appropriate technology and that the functioning of Kubity depends directly on this connection for which the User shall be individually and solely responsible.

8.5 - The User acknowledges having understood the specifications and constraints, particularly of a technical nature, of the entire range of Kubity Services. In these regards, the User acknowledges and represents to be individually and solely responsible for checking the required configuration that is indicated in order to access and/or use the Services, before registering and/or accessing the Services.

8.6 - The User undertakes all necessary precautions when using a Kubity application with any augmented and virtual reality service or device. Kubity shall in no way be held liable in the event of any accident, especially related to a loss of concentration.

8.7 - The User renounces claiming any type of payment, fee, royalty, indemnity or financial compensation from Kubity for any aspect of functioning, as described in the present document.

9. Obligations and Responsibilities Related to the Conversion of 3D Models

9.1 - The Kubity User is individually and solely responsible for the form and content of any 3D model used with Kubity services.

9.2 - The User represents that his/her 3D model used with Kubity applications and products, does not disrupt public order, is not contrary to accepted standards of public decency, does not infringe any third party rights or legal provision and/or regulation, and more generally, is in no way likely to expose Kubity or make it incur in any type of liability, including but not limited to civil or criminal liability.

In compliance with the above, Kubity User therefore undertakes to refrain from inserting into Kubity in particular, but not limited to:

  • Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, slanderous, or of a violent, racist, xenophobic or revisionist nature.
  • Counterfeit Content.
  • Content that is detrimental to the image of any third party.
  • Content that is false, misleading or proposing or promoting unlawful, fraudulent or misleading activities.
  • Content that could harm a third party’s computer system (such as viruses, worms, Trojan horses, etc.).
  • And more generally any Content that is likely to infringe on the rights of others or cause harm to others in any manner or form.

9.3 - User represents that he/she has all the necessary rights and authorizations on 3D model inserted in Kubity. User shall not use a 3D model which belong to any third party without the proper legal authorization.

9.4 - For the Kubity PRO subscribers, Kubity commits not to access the 3D models inserted in Kubity.
The nature of the 3D model is the sole responsibility of the Users, and Kubity shall not moderate, select, check or monitor it in any way.

Consequently, Kubity cannot be held liable for the nature and the status of the User’s 3Dmodel and any potential claims shall first be made to the author of the 3D model in question. Kubity may be notified of any 3D model that causes prejudice to a third party under defined in the French Law “pour la confiance dans l’économie numérique” dated on June 21, 2004 under the number 2004-575, and any other national laws of the same purpose. Kubity reserves in these circumstances the right to take the appropriate measures set forth in these Terms and Conditions.

9.5 - The User takes all the necessary measures to backup all data related to the 3D model he/her deems necessary using their own resources as well as the data related to any Replica, as no copy of these shall be provided to them.

9.6 - The User acknowledges and accepts that all Kubity applications and products will write the Replica on the drive of his/her personal computer.

9.7 - The User accepts that Kubity applications and products optimize data of the 3D model to be converted in order to generate a Replica and in order to adapt this data to the specifications and constraints, especially to the technical nature required to provide of the Replica.

10. WARRANTIES AND DISCLAIMER

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER KUBITY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES « AS IS ». KUBITY EXCLUDES ALL WARRANTIES, LIKE THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.

11. Liability for Kubity Products and Applications

11.1 - The User guarantees to hold Kubity free and safe against any claims, demands, actions and/or grievances whatsoever, that could be incurred as a result of a breach by the User in question of any one of its obligations or guarantees under these Terms and Conditions.
The User undertakes to compensate Kubity for any prejudice that the latter would be subject to, and to pay any costs, liabilities, charges and/or convictions that the latter could incur, as a result of such a breach.

11.2 - WHEN PERMITTED BY LAW, KUBITY AND KUBITY’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

11.3 - IN ALL CASES, KUBITY AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

11.4 - TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF KUBITY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

12. Limitations and Restrictions of Use

12.1 - The User acknowledges and accepts that it is strictly forbidden to use Kubity products and applications to the following ends:

  1. To carry out activities that are unlawful, fraudulent or infringe on the rights or the security of others.
  2. To violate public order or any local policies or laws.
  3. To hack into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party’s computer system, violating its integrity or its security.
  4. To send unsolicited emails and/or prospecting or commercial solicitation.
  5. To tamper with the aim to improve referencing of another website.
  6. To assist or incite, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above.
  7. And more generally, to perform any action that uses the Services for any other purpose than that for which they are intended.

12.2 - The User acknowledges and accepts that he/she cannot directly or indirectly in any way:

  1. copy and/or use for their own purposes or those of a third party, the concept, the technology or any other component of Kubity products and applications,
  2. interrupt, suspend, slow down or prevent continuity of the Services,
  3. hack or attempts to hack into the Kubity IT systems,
  4. hijack of the Website’s system resources,
  5. commit any acts that would place a disproportionate load on the Website or the desktop and the mobile applications infrastructure,
  6. commit any attempts to breach the Website’s or the mobile applications security,
  7. commit any acts that could infringe on the rights and financial, commercial and moral interests of Kubity or of the User of its Website, desktop and mobile applications and Services,
  8. and generally commit any breach of these General Terms and Conditions.

12.3 - The User acknowledges and accepts that it is strictly forbidden to make money from, sell or concede all or part of one’s access to the Services or to the Website or to the desktop and mobile applications or to the information that is hosted and/or shared on the Website or the desktop and mobile applications.

13. Sanctions for Breach and Failure

In the event of a breach by a User of any of the provisions of these General Terms and

Conditions or more generally, failure to duly comply to any of its obligations as provided herein, or of any infringement of the latter to any laws and regulations in force, Kubity, reserves the right to take all measures it deems appropriate, in particular, but not limited to:

  1. Suspend, cancel or prevent access to the products and applications to any User who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement.
  2. Delete all the user’s models Replica in Kubity.
  3. Publish on the Website, the desktop or the mobile applications any related
  4. informational message that Kubity deems useful or necessary to ensure the continuity of the Services or for security reasons for both the company and any other third party including other Users.
  5. Inform any relevant authorities in case a legal action or procedure shall be undertaken.
  6. Commence and prosecute any legal proceedings as necessary for the protection of its rights and of any other third party, including but not limited to other User.

14. Exclusion of Liability and of Guarantee of Kubity

14.1 - Kubity undertakes to provide the products and applications with diligence and in compliance with trade practice, specifying that it has an obligation to provide means without any obligation of result, and this is expressly acknowledged and agreed by the User.

14.2 - Kubity operates solely for the purposes described in these Terms and Conditions. Kubity acts on its behalf and does not execute any legal act in the name of/or on behalf of the User or third parties.

14.3 - Kubity is not a party to contracts between the User and third parties and shall under no circumstances be held liable in respect of difficulties which may occur during the conclusion or execution of such contracts, nor be a party to any potential disputes whatsoever between a User and a third party, especially concerning the delivery of products and/or services, guarantees, statements or any other obligations to which the User or third parties would be bound.

14.4 - Kubity shall in no way be liable for exchanges or relations between the Users that take place inside or outside the framework of the Website or the desktop or mobile applications or the products.

14.5 - Kubity shall not be liable for the use that may be made by the User or third parties of the Replica published by any User.

14.6 - Even if we constantly improve the Technology, it is provided by Kubity as is and without any guarantee of any description, either expressed or implied. In particular, Kubity does not guarantee the User :

  • that the technology of the products and application, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects,
  • that the technology, being standard and not offered specifically to any given User according to that User’s own personal constraints, shall specifically meet that User’s needs or expectations.

14.7 - Kubity shall not be liable in the event that any data of a User or its published Replica are lost, and the User shall not be entitled to call for any possible damages incurred.

14.8 - Kubity regularly monitors the operation and accessibility of the Website and the desktop and mobile application. To this end, Kubity reserves the right to interrupt access to the Website and to the applications momentarily for maintenance purposes. In the same way, Kubity shall not be held liable if the Website or the desktop and mobile applications is ever momentarily difficult or impossible to access, the causes of these circumstances being outsideKubity’s control, force majeure, or due to any disruption in the telecommunications network.

14.9 - In any case, Kubity shall not be held liable to the User for the payment of any direct, material, commercial, financial or moral damages, of any nature whatsoever, resulting from User’s use of the Services.

14.10 - THE SERVICE OFFERING IS NOT A SUBSTITUTE FOR YOUR OWN JUDGMENT (INCLUDING PROFESSIONAL JUDGMENT) OR INDEPENDENT TESTING, EXPERTISE, ESTIMATION OR ANALYSIS, AS APPLICABLE.

DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS FOR THE SERVICE OFFERING, THE SERVICE OFFERING HAS NOT BEEN TESTED IN ALL SITUATIONS UNDER WHICH IT MAY BE USED AND MAY NOT ACHIEVE THE RESULTS YOU DESIRE.

KUBITY SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY RESULTS OR OUTPUT OBTAINED OR OTHERWISE VIEWED THROUGH THE SERVICE OFFERING OR ANY MATERIALS DEVELOPED BY YOU IN CONNECTION WITH THE SERVICE OFFERING.

YOU ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF USE OF THE SERVICE OFFERING. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SERVICE OFFERING AND THE SELECTION OF THE SERVICE OFFERING AND OTHER PROGRAMS TO ACHIEVE YOUR INTENDED RESULTS.

YOU ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY, ACCURACY AND COMPLETENESS OF SERVICE RESULTS, OUTPUT OR MATERIALS DEVELOPED BY YOU IN CONNECTION WITH THE SERVICE OFFERING (IF ANY), INCLUDING ALL ITEMS VIEWED OR DESIGNED USING THE SERVICE OFFERING.

15. Subsidiarity

User acknowledges that Kubity’s products and applications provide an additional solution, not an alternative solution, for posting online, exchanging and sharing the converted models and that this solution may not substitute to other means that the User may dispose of elsewhere to reach the same goal.

16. Intellectual Property

16.1 - Intellectual property of Kubity

The systems, software, structures, infrastructures, databases and content of any nature (text, images, graphics, music, logos, trademarks, databases, etc.) used by Kubity for the Website, the products and the applications, are protected by all intellectual property rights (patents,copyrights, trademarks or databases creator’s rights) in force under national and international property rights laws. Any dismantling, decompilation, deciphering, extracting, reusing, copying and generally any reproduction, representation, publishing or use of all or part of any of these items, without the authorization of Kubity is strictly forbidden and will be the subject of a lawsuit.

No part of the Website or desktop and mobile applications may be quoted, copied or reproduced in any form and by any means, without the prior written consent of Kubity.
All the intellectual property rights related to the content of the Website and the desktop and mobile applications are the property of Kubity, or of third parties who have authorized and granted Kubity the right to use, reproduce and publicly display the same. In case open source software of third parties is used by Kubity in the Website or desktop and mobile application and/or to provide the Services, a Copyright Notice section will appear in the Website.

16.2 - Intellectual property of the User

The User has the right to use, modify, alter, disclose and make publicly available the converted 3D model by Kubity, under the understanding he/she is the owner of any intellectual property rights related to the Content, or else has a license granted from the titleholder that entitles him/her to do so.

Therefore, the User acknowledges and declares that the Content provided does not breach any intellectual property rights of any third party. The User agrees to hold Kubity free from any claim from by third parties alleging breach to supposed intellectual property rights related with the Content.

The User authorizes Kubity to perform certain activities in relation to their Content in order to provide the Services. User renounces claiming any type of payment, fee, royalty, indemnity or financial compensation from Kubity for carrying out any of the actions to provide the Services.

16.3 - The Users of Kubity, when sharing to a third party a Result coming from another User, must be aware to respect the intellectual property right of the creator of the Content.

17. Personal Data

Kubity fully complies in the collection and management of your personal data, to the European General Data Protection Regulation (the GDPR) in its Privacy Policy, which anyone may access, browsing or using the Website, the plugin and mobile applications or Services acknowledges and accepts.

Kubity establishes in said policy the way in which it will collect, use, handle, transfer information associated to the User for the access to and use of the Services, whether done directly by Kubity or by any other third party Kubity may appoint.

18. Advertising

Kubity may insert advertising or promotional messages on any page of the Website or in the desktop and mobile applications or CAD extensions in a format and according to conditions that Kubity solely deems appropriate.
For Kubity PRO users there will not be any advertising or promotional messages on any page of the Website or in the desktop and mobile applications or the plugin CAD extensions.

19. Customer References

The User expressly authorizes Kubity to cite, when appropriate, a reproduction of their trademark or logo as a customer reference, especially at events, in its business documents and on its Internet Website and desktop and mobile applications, in any form Kubity may deem appropriate.

20. Links and Third Party Websites

Kubity in no way can be held liable for the technical availability or unavailability of Internet websites or mobile applications operated by third parties (including its potential partners) that the User may access.
Kubity shall not be liable for content, advertisements, products and/or services available on such third party websites or mobile applications and the User is hereby reminded that these websites and applications are governed by their own terms and conditions of use.
Kubity shall not be liable for any transactions conducted between the User and any advertisers, professionals or salespersons (including its potential partners) to whom the User may be oriented through the Website or the desktop and mobile applications and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations or any other obligations whatsoever to which these thirds parties may be bound.

21. Complaints

A complaint may be made to Kubity concerning any act committed on the Website or desktop and mobile applications that may be prejudicial to a third party. This complaint should be sent

to Kubity using the contact details set out in articles 2 or 7. The complaint must include:

  1. The notification date.
  2. The plaintiff’s identity (if the plaintiff is an individual, state: first and last name, home
  3. address, nationality, date and place of birth; if the plaintiff is a legal entity: its form,
  4. company name, registered office and the organization that legally represents it).
  5. A description of the litigious acts with all the elements in the knowledge of the
  6. plaintiff.
  7. If appropriate, the reasons why a 3D model should be withdrawn from Kubity,
  8. including reference to legal conditions and supporting evidence.
  9. A copy of the correspondence sent to the author or publisher of the litigious
  10. information or activities asking for them to be stopped, withdrawn or modified, or proof that it has not been possible to contact the author or publisher. Kubity will be

free to take all appropriate measures and/or to transfer the complaint on to the competent authorities.

22. Modifications to the Terms and Conditions

Kubity may revise and update these terms and conditions at its sole discretion. All changes are published on the website. Your continued use of the Website, the desktop and mobile applications following the posting of revised terms and conditions means that you accept and agree to the change.

In case of any inconsistency between these Terms and Conditions and other versions in other displays, these Terms and Conditions shall prevail.

Even if Kubity will take every measure to inform the User, the User is expected to check this page from time to time so to be aware of any changes, as the Terms and Conditions are binding. Any User who does not agree with the amended General Terms and Conditions must not use the Services.

23. Language

These Terms and Conditions will be translated into different languages. The language of interpretation shall be French in the event of any contradiction or dispute concerning the meaning of any of the terms or provisions.

24. Law and Jurisdiction

French laws govern these Terms and Conditions. In the event of a dispute concerning the validity, interpretation and/or application of these Terms and Conditions, the courts of Paris shall be the only competent jurisdiction capable of judging the dispute, except conflicting mandatory rules of practice.

The legal Terms and Conditions are in French. This English translation is to offer better comprehension for international Users. The language of interpretation shall be French in the event of any contradiction or dispute concerning the meaning of any of the terms or provisions.

25. Entry Into Force

These Terms and Conditions became effective on September 15, 2018