Terms of Service

 

The following terms of service and the Privacy Policy (together, the "Terms") constitute a legally binding agreement between you and OVTMT, its subsidiaries, affiliates, partners, representatives, directors, and officers (collectively referred to as "OVTMT," "us," "we," or "our") and govern your access and use of and describe your rights and responsibilities while using the OVTMT mobile application ("OVTMT," "App"), website, and technology platform (collectively, the "OVTMT services").

By registering and using the OVTMT services, you hereby agree to be bound by the following terms. These Terms is an agreement between you and OVTMT on the one hand (collectively, "you" or "End User"), and OVTMT, on the other hand, regarding the Service.

OVTMT is only willing to provide the Service only to parties that have accepted all the terms and conditions herein this Agreement. Further, by signing up to use the OVTMT service, you hereby agree that you understand the Agreement in its entirety and that you have the requisite authority, power, and right to enter into a binding agreement. If you do not have the authority to enter into this Agreement or if you do not agree to all the terms herein this Agreement, OVTMT is unwilling to provide the Service to you, and you are advised to discontinue your use of the Service.

Arbitration Notice

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH OVTMT ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS DECISION

Changes to these Terms

OVTMT reserves the right to change, update, modify, discontinue or terminate the App, the Service, these Terms, temporarily or permanently, at our sole and final discretion. Any changes to these Terms may be displayed in the App, and we will try to notify you by email or other means of contact. By continuing to access or use the App or Services after we post any and all modifications on the App or our Service, you are acknowledging that you agree to be bound by and under the amended Terms. We will not be liable to you or any third party for the suspension, discontinuance, or inaccessibility of the App or Services.

Eligibility and Account Registration

You may need to register for an account to access some or all of our Services. Before you create an account, you confirm that you are eligible to use our service. By using the service, you warrant and represent that:

  1. You are at least 18 years old or of the legal age in your jurisdiction and you have the capacity, right, and authority to enter a legal agreement and will abide by all the provisions of these Terms of Use;

  2. If you register for an account with OVTMT, you shall provide OVTMT with accurate and complete registration information (including, but not limited to, your email address and/or mobile telephone number and a password you will use to access the Service).

  3. You will also keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your OVTMT account.

 

By registering to use OVTMT, you agree that you will not:

  1. select as your User ID a name that you don't have the right to use or another person's name with the intent to impersonate that person;

  2. create an account for anyone other than yourself without such person's permission;

  3. be disrespectful when communicating with any other user of the service;

  4. create a user name or OVTMT account that is subject to any rights of a person other than you without appropriate authorization;

  5. create a user name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or

  6. Misrepresent your age, identity, or your OVTMT profile details.

 

OVTMT reserves the right to refuse registration of or cancel a user name at its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your OVTMT password. You shall never use another user's account without such other user's prior express permission. You accept responsibility for all activities that occur under your User Account you will immediately notify OVTMT in writing of any unauthorized use of your account or other account-related security breaches of which you are aware.

Intellectual Property Rights

All data and content made available to you through the App and Service, such as graphics, logos, page headers, button icons, scripts, and service names, are trademarks (whether registered or in the process thereof), copyright, service marks, or other trade property of OVTMT, not you, and is protected by the United States of America and international intellectual property laws. We own – not you – our information, data, and content, including but not limited to: databases, technology, know-how, visual interfaces, interactive features, graphics and design or the Site and other products, software, aggregate databases and metrics, supervision systems, business model, cost measures, feedback and all other elements and components of the Site and Service.

Any use of the App or the app Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by us at any time without notice and with or without cause.

Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

License and Restrictions

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, nonsublicensable, revocable, non-transferable license to access and use the Services subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us. You may not: (1) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (2) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us; (3) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (4) link to, mirror or frame any portion of the Services; or (5) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services.

Membership Purchase and Payment of Fees

OVTMT may make certain paid features available to you through the App under multiple subscription plans. Via the App, you can subscribe and get full access to the service. You are responsible for the management of your login details. If you lose your data or suspect that your account has been breached, please let us know immediately. OVTMT has the right to refuse a request for subscription purchase. Usage of the paid subscription is for personal and noncommercial use, and as such, you are not allowed to provide your password to third parties.

Subscribing to our plan(s) requires you to have a valid method of payment, such as a credit card or debit card (a "Payment Method"). You are responsible for all charges incurred in connection with your payment, and you agree to pay the fees and charges for any purchased feature.

1. Subscriptions and Auto-Renewal

By selecting a subscription plan, you agree to pay the subscription fee of such a plan on a designated cycle for the Services that we make available to you (the "Subscription Fee"). The first Subscription Fee will be charged to your Payment Method on the date your subscription is purchased. Thereafter, the Subscription Fee and any applicable tax and service fees will be charged to your Payment Method on a recurring basis in accordance with your designated cycle until you choose to cancel.

2. Billing Cycle

The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing, regular basis unless you cancel your Subscription. Note that the timing of your billing may change (i.e., in the event of a problem with your Payment Method, such as an expired credit card).

3. Subscription/Package Price Changes

We reserve the right to change the price for a Subscription to the Service in our sole discretion and will be responsible for communicating any price changes to you in accordance with the law.

4. Updating Payment Method

You may update your Payment Method at any time within your account settings. If at any time your Payment Method is unable to be charged for the Subscription Fee due to insufficient funds, expired or invalid account details, or otherwise, you remain responsible for the cost of such Subscription Fee. A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fee. In the event your Payment Method is unable to cover the Subscription Fee, we reserve the right to suspend your respective accounts and access to the Service until such time as the Payment Method has been updated to permit a charge on your payment method for the Subscription Fee.

5. Cancellation

You can cancel your subscription at any time. Please note that you must cancel your subscription before it renews for a subsequent term in order to avoid being charged for the next term's Subscription Fee. If you cancel your subscription, the cancellation will become effective at the end of the then-current term.

6. No Refunds

Refunds will not be provided for any subscription. We do not provide credit, refunds, or prorated billing for subscriptions that are cancelled mid-term. In such a circumstance, you will continue to have access to your subscription until the end of the term's billing cycle

User-Created 3D Designs

Users will be able to create and save 3D designs through the App and pay for these designs for the purpose of using them.

The 3D designs created by users through the platform will be paid through the payment methods available on OVTMT. Payment will be charged to your credit/debit card immediately upon purchase of the 3D design. Once the transaction is processed, we will send you an electronic receipt of the transaction to the email address you provide during the checkout process.

If you find any inconsistency in your billing, please contact us through our contact details or you can make the claim through the customer service of the relevant payment platform.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch, or you have entered an incorrect security code.

If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.

Once payment is completed, the user will be able to save or download the 3D design created and any copyright on the 3D design will be transferred to the user.

3D designs created and purchased by users through the App are non-refundable as they are digital products. All payments for 3D designs created by users are final and non-refundable.

Your payment details will be treated and safeguarded securely and for the sole purpose of processing the purchase of the 3D designs. OVTMT reserves the right to contract any payment platform available on the market, which treats your data for the sole purpose of processing the purchase of the 3D designs.

User Representation and Platform Guidelines

You hereby represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.

Although we are committed to providing a safe user experience, we do not guarantee that the platform, or any content in it, will be safe, error-free, or uninterrupted or that it will be free from bugs or viruses. Access to the service may be interrupted, suspended, or restricted from time to time, including because of a fault, error, or unforeseen circumstances or due to scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.

You agree, undertake and confirm that your use of the platform shall be strictly in accordance with the following binding guidelines:

a. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  1. i. belongs to another person and to which you do not have any right to make use of or promotes an illegal or unauthorized copy of another person's copyrighted work such as posting any resume or information that doesn't belong to you, providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;

  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,

  3. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

  4. Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;

  5. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;

  6. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);

  7. tries to gain unauthorized access or exceeds the scope of authorized access to the service or to profiles, blogs, communities, account information, bulletins, or other areas of the service or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.

  8. Interferes with another user's use and enjoyment of the App or any other individual's user and enjoyment of similar services;

  9. Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

b. You shall not use any "deep-link," "page-scrape," "robot," "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the service. We reserve our right to bar any such activity.

c. You shall not probe, scan or test the vulnerability of the App or any network connected to the App nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to App, or any other customer, including any account on the App not owned by You, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the App.

d. It is possible those other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the service and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the service, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the App. Please carefully select the type of information that you publicly disclose or share with others on the service.

Software Updates

The App may cause the Product to communicate with the OVTMT servers to deliver the functionality and certain features to the App in order to keep the App running smoothly. From time to time, we may develop patches, bug fixes, updates, upgrades, and other modifications to improve or otherwise modify the performance of the App and related services ("Updates"). These Updates may be installed on the software distribution platform of App Store or Google Play, or the other platforms by providing additional notice.

Third-party links and Services

Some links on the service may allow you to leave the service. The linked sites are not in any way under the control of OVTMT, and we are not responsible for the contents of any of such linked sites or any link contained in a linked site or any changes or updates to such sites.

OVTMT is not responsible for any form of transmission sent or received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, adoption, or endorsement by us of the site. Your use of any linked site is at your own risk and is subject to the terms of use and privacy policies located on such site.

Any information or content expressed or made available by a third party or any other Site Visitor or User is that of the respective author(s) or distributor(s) and not of OVTMT. OVTMT neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the service by anyone other than OVTMT's authorized agents acting in their official capacities.

Indemnification

You hereby agree to indemnify, defend and hold harmless OVTMT and/or its successors, affiliates and successors, and its and their managers, employees, agents, or other officers, from and against any and all claims, actions, liabilities, demands, losses, causes of action, procedures, orders, damages, costs, and expenses (including any reasonable attorney's fees and expert witnesses therefrom) of any type of nature, incurred by OVTMT and/or its successors, affiliates and successors, and its and their managers, employees, agents or other officers, arising out of or relating to your use of the service, your breach of this Terms or the Policy, or your infringement of any rights of any third party.

User Generated Contents

Advises, opinions, statements, offers, or other content or information made available through the Service to you but not directly by OVTMT are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. OVTMT does not in any way guarantee the accuracy, completeness, or usefulness of any information on the service, and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than OVTMT. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances shall we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service or transmitted to users.

Though OVTMT strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. OVTMT reserves the right, but has no obligation, to monitor or censor the materials posted in the public areas of the service or to limit or deny a user's access to the service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. OVTMT shall have the right to remove any such material that in its sole opinion violates or is alleged to violate the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.

Disclaimer of Warranties

By accessing or using the service, you represent and warrant that you have read, understood, and agreed to be bound by and under these terms. We supply our App and Services "as is," "with all faults," and "as available," including all content, software, data, materials, services, functions, and/or information made available therein. Accordingly, OVTMT is not liable to you for any loss or damage that might arise therefrom, and OVTMT hereby disclaims any express or implied warranties, including warranties as to the products or services offered by third parties listed on the Site, non-infringement, merchantability, and fitness for a particular purpose. The use on your part of the products and/or services provided through the site is at your own and final discretion. No oral or written information or advice provided to you by OVTMT shall create a representation or warranty of any kind.

Limitation on Liability

OVTMT makes no warranties or representation of any kind that the service (including all databases, content, software, functions, materials, and information accessed by any means thereof) are provided "as-is," without warranties of any kind, and OVTMT disclaims, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, any implied warranties of originality, merchantability, non-infringement, title, arising from a course of dealing, usage, or trade practice or fitness for a particular purpose.

OVTMT does not warrant that the service or functions contained in the service will be uninterrupted or error-free, that all deficiencies, errors, defects, or nonconformities will be corrected, that the service will meet your specific requirements, or that defects in the service will be corrected.

OVTMT does not warrant that the service will work correctly in any particular operating environment. OVTMT does not warrant, guarantee, or make any representations regarding the use or the results of the use of the service in terms of its correctness, accuracy, reliability, currentness, or otherwise.

OVTMT does not represent or guarantee that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and OVTMT disclaims any liability relating thereto.

Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device, computer, or loss of data that results from the download of any such material. You further acknowledge that the service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data, or information provided by the service could lead to death, personal injury, or severe physical or environmental damage

Some jurisdictions do not allow the exclusion of certain warranties; as such, to the extent, such exclusions are specifically prohibited by applicable law, some of the exclusions set forth above may not apply to you.

In no event shall the service provider be liable to the end-user or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to the end user's use of (or inability to use) the service regardless of (a) whether such damages were foreseeable, (b) whether or not the service provider was advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.

OVTMT's maximum cumulative liability to you for losses or damages arising in connection with your access to the service under these Terms shall be limited to (i) the amount paid, if any, by you to OVTMT during the six (6) months prior to the action giving rise to such liability; or (ii) USD 100, whichever is less.

Governing Law and Dispute Resolution

Governing Law: These Terms and your use of the service are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.

Agreement to Arbitrate

Any dispute or claim relating in any way to your use of the OVTMT Service will be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

Arbitration Process, Arbitration Rules, and Location

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, OVTMT will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

Class Action Waiver

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.

General Provisions

Entire Agreement: Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and OVTMT with respect to your use of this Web Site and supersedes all prior communications and proposals (whether oral, written, or electronic) between you and OVTMT with respect to use of this Web Site. Any rights not otherwise expressly granted by this Agreement are reserved by OVTMT.

Waiver: The failure of OVTMT to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision.

Assignability: You may not assign or transfer these Terms, by operation of law or otherwise, without OVTMT's prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder.

Severability: : If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Notices:

Any notices or other communications provided by OVTMT under these Terms, including those regarding modifications to these Terms, will be given: (1) by OVTMT via email; or (2) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted

Contacting Us

In order to resolve a complaint regarding the service or to receive further information regarding the use of the App and services, please contact us at support@ovtmt.com.