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Terms And Conditions

Modified: 02/20/2023
 

YOUR ACCESS TO AND USE OF THE COMPANY SITES, CONTENT, PLUGINS, 3D ASSET FILES, SOFTWARE, DOCUMENTATION, RELATED APPLICATIONS AND/OR ANY RELATED MATERIALS IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREINAFTER, YOU AGREE NOT TO ACCESS OR USE ANY OF THE ABOVEMENTIONED AND UNDERSTAND THAT YOUR ACCESS TO AND USE OF THE COMPANY SITES, CONTENT, PLUGINS, 3D ASSET FILES, SOFTWARE, DOCUMENTATION, RELATED APPLICATIONS AND/OR  ANY RELATED MATERIALS IS PROHIBITED.

 

1.     GENERAL

  • This website and the services available on or in connection with this website are provided Pug Life Studio S.R.L., operating as Pug Life Studio (“we,” “us,”  “our” or ”The Company”). These Terms and Conditions (the “Terms”) cover the conditions under which the Company provides you with access to the text, functionality, databases, format, documents, video, graphic and written works and all other materials published on this website or on other websites owned or operated by the Company or other online platforms or media. The Terms govern your use of meshmorpher.com  (the “Site”), its content, plugins, 3D asset files, software, documentation and related applications (collectively, the “Service”). The Terms apply to all of your activity with respect to the Service. The term "you" refers to any user (individual or entity) of any part of the Service.

  • You agree that by pressing any button or clicking on "Register", "Create Account", "Enroll", "Become a Member", and/or similar or leading to similar results, by registering, accessing or using the Service, you enter into a legally binding contract with the Company, whether you use the Service directly or through a third party (e.g.: the company you work for).

  • If you do not agree to the conclusion of the contract, please do not press any button or click "Register", "Create Account", "Enroll", "Become a Member", and/or similar and do not access the Service. In such event, the Company shall have no obligation and assume no liability to you under the Terms or the law.

  • The Terms have the force of a legally binding agreement, even if you are simply browsing without intention to contact us or register an account. Any and all use/interaction with the Service is subject to our Privacy Policy. You cannot visit the Service if at any point you do not agree to the Terms or the Privacy Policy, in which case you must stop using the Service and all of its content, software and plugins.

  • Our software may be subject to an additional End User License Agreement. Software updates are also governed by these Terms. The Company may update the Terms, Service features, functions and any/or other such aspects. We don’t notify users about every change but you can observe the date of the last update at the top of this page. If you still wish to visit the Service after said date that constitutes your agreement to the update.

 

2.     USER STATEMENTS AND WARRANTIES

By accessing and using the Service you state and warrant that:

  • You have read and understood these Terms;

  • You have the legal capacity to enter into and perform the contract with the Company and to access and use the Service, and you have obtained all necessary consents from any third party in this regard and there is no action, proceeding, litigation or dispute against you that threatens or could threaten or limit your ability to fulfill your contractual obligations;

  • You will use the Service in accordance with these Terms;

  • If you are a person who accepts these Terms and uses the Service on behalf of a company, organization or other legal entity, you state and warrant that you have the capacity to represent that company, organization or legal entity or are otherwise authorized to do so;

  • The information made available to the Company by you  is at all times correct, complete, up-to-date and does not and cannot mislead  the Company or third parties;

  • Nothing in the information submitted by you or otherwise made available to the Company violates applicable law, the rights of third parties, contracts or understandings to which you are a party (whether written or not) or other obligations you may have to third parties;

  • You are solely responsible for the content and/or any material you generate and/or produce as a result of your interaction with the Service. You state that you have all necessary rights and authorizations for the content you post, and you agree to defend and indemnify the Company against any complaint, claim, legal action or appeal brought by any third party alleging that all or part of the content posted and/or utilized by or on behalf of the user on the Service is illegal, violates applicable laws or regulations, undermines law and public order, is contrary to generally accepted moral principles, does not comply with the Terms, harms third parties or violates their rights.

  • You acknowledge that your decision to use the Service is not contingent on the delivery of any future functionality or features, or dependent on any of our representations regarding future functionality or features.

  • You hereby agree that you lose any right of withdrawal by starting the performance of the Service, including but not limited to starting the download of the Service and/or other product/software associated with the Service.

  • You hereby consent to The Company monitoring, storing and disclosing your user identifications, product codes, types, versions, and your hardware specifications as necessary within the scope of the Terms.

  • You hereby consent to allowing your computer to automatically, without additional notice, connect to the Internet in order to communicate with our systems in order to access certain hosted components of the Service.

 

 

3.     NEUTRAL VENUE

  • The Service is a neutral venue. THE COMPANY SHALL NOT BE HELD LIABLE FOR USERS’ DATA, TRANSACTIONS, INTERACTIONS AND INFORMATION. We are not liable for the consequences of you disclosing your personal information to others.

  • The Service contains references to third party websites and relies on third party services and content for support. The Company shall not be liable for any third party venues and cannot guarantee their performance. All third-party licensors retain all right, title and interest in and to their data, software and materials. Use of any third party software is governed by their terms and conditions which may be different from the Terms. Nevertheless, the disclaimer of warranties, user statements and warranties and the limitation of liability provisions in the Terms shall apply to such third-party software to the extent it is permitted by their own terms and conditions. The Company does not monitor all content submitted to the Service and shall not be liable for user submissions or any third-party content on the Service.

  • The Service contains open-sourced components, each being licensed to The Company under the terms of its own license which does not supersede the Terms.

  • The Service includes interactive features that allow users to create derivative works and communicate with The Company. You agree that, due to the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using the Service’s interactive features does not constitute specific advice and should not be relied upon without further qualified and independent confirmation.

  • The Service is not meant and/or designed to be used in any way while driving or operating vehicles. The Service must not be used in any manner that distracts from driving or is illegal (e.g., in jurisdictions that do not allow the use of mobile devices while driving). The Company shall not be liable for your compliance with any laws.

 

4.     INTELLECTUAL PROPERTY

  • The Company, alone or together with the content suppliers, owns all intellectual property rights regarding the contents, logos, trademarks (whether registered or unregistered) and data of the Service. Intellectual Property rights are protected by international IP conventions. By using the Service, you do not acquire any of the IP rights belonging to The Company. The Service is not sold to the user, access to the Service being granted by licensing. Nevertheless, you can view and print out this Service’s content for personal use. You agree to maintain and reproduce all copyright, proprietary, and other notices on all copies, in any form, of the Service, in the same form and manner that such copyright and other proprietary notices are included in the Service. We reserve all rights that are not expressly granted under the Terms or other written agreements between you and The Company.

  • Upon you signing up for an account and paying all applicable fees, you are granted a non-exclusive, non-transferable license to use the Service/software for your own personal or internal business purposes. You may not resell, distribute, reverse engineer, disassemble, decompile any part of the Service. Except for the licenses explicitly granted in these Terms, you do not acquire any other rights, title or interest in the Service, full ownership of which is retained by The Company, alone or together with and our suppliers, as applicable.

  • Sample assets, and content files (collectively, “Sample Files”) provided for use in tutorials, demonstrations and for other trial purposes cannot be used for any other purpose than that for which they were provided. You do not acquire any rights in the Sample Files and you cannot distribute them in any way that allows them to be used as stand-alone files.

  • You may use assets provided as part of the Service (“Content Files”) on a personal, non-exclusive, non-sublicensable, and non-transferable basis in order to incorporate into your own end use (“Work Product”). You may modify the Content Files prior to incorporating them into your Work Product. You may reproduce and distribute Content Files only in connection with your Work Product, however, under no circumstances can you distribute the Content Files on a stand-alone basis.

  • The Company does not claim ownership rights over the content generated by the user. What’s yours remains yours. However, if you submit any content to the public areas of the Service, you state that: (i) you have all necessary rights to that content, and (ii) we can display, transmit, modify and distribute this content without compensation to you. It is our policy not to ask for any creative ideas or suggestions. Nevertheless, we can use and implement any feedback that you voluntarily provide, without any compensation to you.

  • The Company has no confidentiality obligations with respect to any of the unsolicited content and we shall not be liable for any use or disclosure of any unsolicited submissions. If you access the Service, you may come across user-generated content that you find offensive or upsetting. Your sole remedy is to stop viewing the content. You may also report such content to us, The Company not being obligated to perform any actions as a result of such a report.

  • Copyright infringement is regarded as of the utmost importance. We kindly ask you to report any incidence pertaining to possible copyright infringement regarding the Service for further investigation. We will promptly investigate claims of copyright infringement committed using the Service provided such claims are reported at Contact us. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:

  1. Identify the copyrighted work that you claim has been infringed upon.

  2. Identify the material or link you claim is infringing.

  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

  4. Include both of the following statements in the body of your report:

    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”

    • “I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”           

  5. Provide your full legal name and your electronic or physical signature.

 

5.     COMPLIANCE AND ACCEPTABLE USE POLICY

  • By visiting the Service, you represent and agree that ALL SALES ARE FINAL AND THERE NO OFFERS FOR REFUNDS.

  • Account sharing is prohibited and no other person besides the user will shall use or have access to your account, except as may be explicitly authorized by The Company. All actions/activity pertaining to a designated account is the sole responsibility of the account holder and every event or performance that takes place under a designated account shall be viewed as the action of the account holder. Registering duplicate accounts is not allowed.

  • The Company reserves the right to change subscription plans or adjust prices for the Service at our sole discretion. Any price changes or changes to your subscription will be effective upon notification to you, unless otherwise required by applicable law.

  • The Company reserves the right to terminate your access for trying to install our software on unauthorized computers, as well as for tampering with protection mechanisms or use of the software after the expiration or termination of your subscription plan period.

  • You may not circumvent or remove any form of technical protection pertaining to the Service, install or access the Service with any authorization code not provided by us, reverse engineer, disassemble, decompile, or attempt to derive the source code of our software in any way.

  • You may not circumvent or remove any of our protection measures for managing, monitoring or controlling installation of or access to our Service.

  • The Company reserves the right to terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. The Company does not tolerate users sending spam and/or making defamatory, vulgar, racist, abusive or hateful comments and/or statements.

  • You will not use the Service in connection with any sexually explicit material, illegal drugs, pirated computer programs, viruses or other harmful code, disclosure of anyone's private information without consent, pyramid schemes, multilevel-marketing, "get rich quick" offerings, encouragement of violence.

  • You will not use our Service for anything illegal activity.

  • You will seek permission before copying any material regarding/in relation to the Service with the intent for republication.

  • We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.

  • Proper functioning of the Service must not be impeded by any action/performance/inaction of the user.

  • Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Service.

 

6.     COMMUNICATIONS

  • The Company may contact you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.

  • You may contact The Company using the designated contact form/method as per the Contact us section of our website.

7.     TERM AND TERMINATION

  • The license granted by purchasing a subscription to use the Service shall expire at the end of the applicable subscription period, unless terminated sooner.

  • We reserve the right to revoke any license to use content from our subscription plans for legal reasons or in violation of the Terms at any time and in our sole discretion, such as if we no longer have the right to provide the content through a subscription plan.

  •  Upon termination, all licenses granted to you cease and, as such, you may no longer access or retrieve any content in your account, and must delete our software from your systems.

  • If you terminate your account, your content may remain on our servers for a short period of time.

  • Termination/Coming out of force/expiration of the Terms does not extinguish obligations undertaken prior to the effective date of termination/coming out of force/expiration. Provisions which by their nature shall survive the termination/coming out of force/expiration of the Terms (e.g., provisions on IP, confidentiality, disclaimer of warranties, limitation of liability, indemnification, etc.) shall not be affected by said event.

  • Suspension or cancellation of the Service or subscriptions or termination of your account for non-payment does not terminate your obligation to make outstanding payments and the Company reserves the right to take any legal action available to recover outstanding debts. Suspension or cancellation of the Services for non-payment is the latest time at which you will be in default for non-payment and from which legal late penalties start to run.

 

8.     BREACH OF TERMS

  • In the event of a user breaching/infringing/violating any provisions of the Terms and/or any law, The Company can, without limitation or prior notification:

    • ban that user from the Service;

    • disclose the user’s identity to authorities and assist in investigations;

    • delete or moderate the user’s content;

    • take any other action available under law.

 

9.      SUBSCRIPTIONS

  • Users can create an account using email address, which must be confirmed using a verification email from us.

  • Subscriptions can be obtained by providing credit card number via our Paddle.com and/or equivalent payment processor.

  • Upon successful completion of the subscription process, the user shall receive instructions on how to download and activate the Service. Our security server will send a separate email to the user containing the License ID which provides for the use of the Service on a single computer.

  • The Service is provided on an “as is” basis, without any express or implied warranties.

  • Credit card will continue being charged automatically based on the subscription plan selected (monthly, quarterly or yearly). Users can cancel their subscription at any time via their personal account on our Site. We do not provide any refunds.

  • All fees and charges are payable in accordance with payment terms in effect at the time the fee becomes payable. We may occasionally modify or supplement our fees and billing methods, and such changes shall be effective immediately upon posting. If purchasing any service/good, you are responsible for ensuring your payment method is valid.

  • You will pay as agreed using only payment method(s) which you are authorized to use. You will not use a false identity. Purchases for resale are prohibited unless agreed in writing. Prices, offers, and selections on the Service are subject to change without notice. While we attempt to be as accurate as possible, we do not warrant that descriptions of the Service are 100% accurate, complete, reliable, or current.

  • We reserve the right to refuse any order for any reason. By placing any order, you explicitly consent to the Terms.

  • Unless specifically noted otherwise, prices posted regarding the Service may not include all applicable taxes, (e.g., sales tax, V.A.T.). You agree to pay all fees and applicable taxes as required by law.

  • By placing an order, you hereby agree that we have the right to automatically charge your payment method for the applicable additional fees and taxes.

  • If paying through a third-party payment processor that we use, you are subject to their terms of service and privacy policies. We have no control over, and shall not be responsible for, any payment service's use of information they collect.

  • Subscription will renew and credit card will continue being charged automatically based on the subscription plan frequency selected (monthly, quarterly or yearly) unless you cancel at least ten (10) days prior to the renewal date. Please monitor the remaining term of your subscription carefully. If you fail to timely renew, you may lose all your content.

  • We may change prices or institute new charges upon not less than thirty (30) days' notice to you. You are responsible for regularly reviewing such pricing information. Continued use of the Service or non-termination of your account after such thirty (30) day period constitutes your acceptance of the new prices.

 

10.   CONFIDENTIALITY

  • Active and/or former users cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization.

  • You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.

11.   DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

  • EVERYTHING WE PROVIDE ON THIS SERVICE IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK.

  • DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS SERVICE.

  • WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.

  • WE ARE NOT LIABLE FOR DIRECT OR  INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS.

 

12.   INDEMNIFICATION

  • You agree to defend, indemnify and hold harmless us, our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

    • your use of and access to the Service;

    • your violation of any provision of these Terms;

    • your violation of any third party right, including without limitation any copyright, property, or privacy right; or

    • any claim that one of your user submissions caused damage to a third party.

 

13.   GOVERNING LAW

  • The Service is controlled, operated and administered from our offices within Romania.

  • The Terms shall be interpreted, construed and governed by the laws in force in Romania, without reference to its conflict of laws principles.

  • Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of Romania, and to waive any objections based upon venue.

  • The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

 

14.   ARBITRATION AND ACTIONS

 

  • Except where prohibited by applicable law, any controversy, claim or dispute where the total amount of the award sought is less than $10,000 (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private, confidential, non-appearance-based, binding arbitration by a single arbitrator in Bucharest, Romania and governed by Romania law, as amended, replaced or re-enacted from time to time.

  • The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Romania and is independent of either party.

  • Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party.

  • Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us.

  • Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

 

15.    PROCESSING OF PERSONAL DATA

 

  • Access to the Service (starting with the operation to create your account) and the provision of the Service involve the processing of your personal data by the Company to fulfill the Company's obligations towards you, to comply with legal provisions or for other purposes depending on the type of Service provided or the type of access to the Service

  • The processing of personal data by the Company is carried out according to the Data Processing Policy available here and the Policy regarding the use of cookies available here which are an integral part of and are read together with these Terms.

 

16.   FINAL CLAUSES

 

  • The relationship established between the Company and the user of the Service is that of an independent contractor with respect to each other meaning there is no partnership, joint venture, employer/employee or any similar arrangement.

  • The Company is not liable for failure to perform any obligations to the extent that the failure is caused by a Force Majeure event such as, without limitation, act of God, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, acts or regulations of national or local governments.

  • Linking to the Service is allowed, provided it is always done in such way as to not adversely affect our business or to imply some form of association when there is none.

  • If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.

  • The Company has the right, at its sole discretion, to assign or subcontract the rights and/or obligations outlined in the Terms.

  • Our failure to exercise any of our rights under the Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing and signed by The Company.

  • If there are any inconsistencies or conflicts between the English original of the Terms and any foreign language translation, the English version shall prevail.

  • The Terms (including any agreements and policies related to the Terms) constitute the entire agreement between you and The Company and supersede all prior or contemporaneous agreements, whether written or oral, between us.

 

17.   CONTACT US

  • Please address your questions and feedback at Contact us page.

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