The basic rules are to treat the Trnio community with respect. We are here to have fun with 3D models. Please be mindful of fellow users. Because we give you the freedom to scan what you want, we have added safeguards to flag inappropriate (abusive, copyrighted, or sexually explicit) posts and models.
Thank you for downloading Trnio, our mobile device software application for 3D model creation and sharing. This User Agreement (“Agreement”) governs your use of the App, including your creation and sharing of digital 3D models that may be viewed and used by third parties (“Models”).
Please read this Agreement carefully, as it (among other things) provides in Sections 13 and 14 that you and the Company will arbitrate certain claims instead of going to court and restricts class action claims. Please press “Accept” if you agree to be legally bound by all terms and conditions herein. If you are viewing this on your mobile device, you can also view this Agreement via a web browser at https://www.trnio.com/app/terms-of-service/. Your acceptance of this Agreement creates a legally binding contract between you and the Company. If you do not agree with any aspect of this Agreement, then do not press “Accept,” in which case you may not use the App.
Privacy Policy. The Company’s Privacy Policy, at https://www.trnio.com/app/privacy-policy (the “Privacy Policy”), describes the collection, use and disclosure of data and information (including location and usage data) by the Company in connection with the App. The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into this Agreement, and you hereby agree to the collection, use and disclose practices set forth therein.
License to Use the App. Subject to your compliance with all the terms and conditions of this Agreement, the Company grants you a limited, nonexclusive, nontransferable, revocable license to install and use the App on a compatible mobile device for your personal, non-commercial purposes, in each case in the manner enabled by the Company. Any use of the App other than for personal, non-commercial use is strictly prohibited. Use of the App by or on behalf of commercial entities is not authorized under this Agreement. The App includes certain software components licensed from third parties which are set forth in Section 17 of this Agreement below.
Ownership; Proprietary Rights. As between you and the Company, you own all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to your Models, subject to the licenses granted to the Company and other App users herein. As between you and the Company, the Company owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the App, the software and technology used by the Company to provide App features and functionality and all usage and other data generated or collected in connection with the use thereof (the “Company Materials”). Except for as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials.
Mobile Services. Use of the App requires usage of data services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the App.
Third Party Sites. The App may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that the Company is not responsible and shall have no liability for the content of such third party sites and services, products or services made available through them, or your use of or interaction with them.
The App allows you and other users to post and share Models through the App. If you delete the App from your device, your shared Models will remain viewable to other users through the App and your log-in will remain active. If you wish to terminate your App account such that all of your Models are deleted from our servers, please follow the instructions set forth in Section 8 below.
You understand that all Models (yours and those shared by other App users) are made available through the App only on an “as-available” basis and the Company does not guarantee that the availability of Models will be uninterrupted or bug free. You agree you are responsible for all of your Models and all activities that occur under your user account
You shall retain ownership of Models you create using the App. You hereby grant the Company a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute, display, transmit, perform, modify and prepare derivative works of your Models in connection with the App and the Company’s (and its successor’s) business, in any media formats and through any media channels.. You also hereby grant to each user of the App a non-exclusive license to access and view your Models as permitted by the functionality of the App and this Agreement for each such user’s personal, non-commercial purposes. The aforementioned licenses will terminate with respect to any particular Model when you or the Company delete it through the App, provided that (i) any sublicenses may be perpetual and irrevocable and (ii) you acknowledge that, except as provided under Section 8, such licenses survive to the extent necessary for a copy of such Model to be retained by the Company.
In connection with your Models, you further agree that you will not: (i) use material that is subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) use material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, violate any law or is otherwise inappropriate; or (iii) post advertisements or marketing content or solicitations of business, or any content of a commercial nature. You agree only to make Models of objects that you own or where you have the permission of the owner to do so. Without limiting the foregoing, you agree not to make any Models of your own body or that of any other person. The Company may investigate any allegation that any Model does not conform to the requirements of this Agreement and may determine in good faith and in its sole discretion whether to remove such Models The Company reserves the right to remove any Model at any time, for any reason or for no reason.
If you are a copyright holder and believe in good faith that your copyrighted content has been made available through the App without your authorization, you may follow the process outlined at http://www.trnio.com/dmca to notify the Company’s designated agent (pursuant to 17 U.S.C. § 512(c)) and request that the Company remove such content.
You hereby acknowledge that you may be exposed to Models, comments or other content from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the App, and further acknowledge that the Company does not control the actions or other App users and does not have any obligation to monitor such Models, comments or other content for any purpose.
With respect to Models shared by other users through the App, you may use such Models solely for your personal, non-commercial purposes and subject to any such other terms, conditions and restrictions as may be associated with such Models.
Prohibited Uses. As a condition of your use of the App, you will not use the App for any purpose that is unlawful or prohibited by this Agreement. You may not use the App in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the App. In addition, you agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party).
Termination. You may terminate this Agreement at any time, in your sole discretion and for any reason or for no reason, by deleting the App from your device and notifying us via e-mail at marketing@trnio.com that you are terminating your App account. In such notice, you may also request that we delete from our servers all of your account information and the Models you have created through the App. Such requests will be honored within a reasonable time period after they have been received provided that you give us all reasonably necessary information and cooperation. Certain data may continue to be stored in our backup systems until regularly scheduled deletions occur. You agree that the Company, in its sole discretion and for any or no reason, may terminate this Agreement, your account or your use of the App. The Company may also in its sole discretion and at any time discontinue providing the App, or any part thereof, with or without notice. You agree that any termination of your use of the App or any account you may have or portion thereof may be effected without prior notice, and you agree that the Company shall not be liable to you or any third-party for any such termination. Sections 3-5, 6.3, and 8-16 will survive any termination of this Agreement.
Indemnification; Hold Harmless. You agree to indemnify and hold the Company and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the App, violation of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of the Company’s willful misconduct or gross negligence. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
Arbitration. Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in a small claims court of competent jurisdiction.
Class Action Waiver. You agree that anY CLAIMS subject to arbitration under section 13 MUST BE MADE IN YOUR INdividual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
Miscellaneous. The Company may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the App user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first. Under this Agreement, you consent to receive communications from the Company electronically. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the App that is not subject to arbitration under Section 13 shall be filed only in the state or federal courts in California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by the Company as set forth above in this Section 16.
Third Party Components. The following is a list of third party software components incorporated within the App and certain required disclosures relating thereto:
Licensed under the Apache License, Version 2.0 (the "License"). You may not use this file except in compliance with the License. A copy of the License is located at http://aws.amazon.com/apache2.0 or in the "license" file accompanying this file. This file is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.