Conditions of Use & License Agreement for 3D Helix

Published: [Date of website launch]

Our General Conditions of Use & License Agreement is a legally binding agreement between you ("User," "you," or "your") and 3D Helix ("Company," "we," "us," or "our"). This agreement governs your access to and use of our website, web-based applications, digital assets, and all related services, including but not limited to blueprints, 3D CADs, Custom Spring Blueprint/Spec sheet, Custom Spring Load Animator, and Custom Spring 3D CAD Viewer (collectively, the "Services").

By accessing, purchasing, downloading, or otherwise using our Services, you are affirming that you have read, understood, and agreed to these Conditions of Use and the accompanying License Agreement. Your use of the Services is conditioned upon your compliance with these terms. If you do not fully agree to these terms, you are explicitly prohibited from using our Services and must cease all access immediately.

1. Conditions of Use

1.1 Acceptance of Terms

These Conditions of Use, along with any other documents referenced herein, such as the License Agreement and the Privacy Policy, form the complete and exclusive agreement between you and 3D Helix concerning your use of the Services. This agreement supersedes any prior oral or written agreements or communications. We reserve the right, at our sole discretion, to modify, update, or replace these terms at any time. We will provide notice of significant changes through an announcement on our website or by other means. Your continued use of the Services after any such modifications or changes are posted will constitute your full acceptance of the revised terms.

1.2 User Accounts

To access and use our Services beyond the Free Trial, you are required to register for a user account. You must be at least 18 years of age to create an account. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account, whether you have authorized them. Furthermore, you agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. You are expressly forbidden from sharing your login credentials with any other person or entity, and any such unauthorized sharing may result in the immediate termination of your account.

1.3 Subscription and Payment

• Payment: Your subscription for Services begins as soon as your initial payment is successfully processed. By providing your payment information, you authorize us to store your payment method and to automatically charge the then-current rate for your selected plan on a recurring basis. This recurring charge will continue until you actively cancel your subscription.
• Automatic Renewal: For your convenience, all subscriptions will automatically renew at the end of each billing period (e.g., monthly) unless you disable this feature before the renewal date. We will make reasonable efforts to notify you of any upcoming rate changes for your plan, providing you with the opportunity to cancel before the new rate takes effect.
• Cancellation: You have the right to cancel your subscription at any time through your account settings on our website. Upon cancellation, your access to all subscription-only Services and assets will remain active until the end of the current billing period for which you have already paid. Please be advised that we do not offer refunds, prorated or otherwise, as access is maintained until the period's conclusion.

1.4 Intellectual Property

All Services, including all proprietary software, designs, the website content, The Custom Spring Blueprint/Spec sheet, the Custom Spring Load Animator, the Custom Spring 3D CAD viewer, and all digital assets (blueprints, 3D CADs, and all associated files) are and will remain the exclusive property of 3D Helix and its licensors. We grant you a limited, non-exclusive, non-transferable, and revocable license to use these assets and services strictly in accordance with the terms of the License Agreement. All rights, title, and interest in and to the Services not explicitly granted to you in this agreement are reserved by 3D Helix.

1.5 User Conduct

You agree to use our Services in a responsible and lawful manner. You are expressly prohibited from misusing the Services or engaging in any activities that are unlawful, harmful, or disruptive. These prohibited activities include, but are not limited to:

• Using the Services for any illegal, fraudulent, or malicious purpose.
• Infringing upon or violating the intellectual property rights or any other rights of 3D Helix or any third party.
• Attempting to gain unauthorized access to, disrupt, or interfere with the security or integrity of our website, servers, or network infrastructure.
• Reselling, redistributing, leasing, or otherwise sharing the digital assets in a standalone format, even if modified.
• Employing any automated system, such as "bots," "spiders," or "scrapers," to access, download, or collect data from the Services without our prior written permission.

1.6 User-Generated Content

Our Services may provide features that allow you to create and share new designs, comments, or other content ("User Content"). By submitting or sharing your User Content, you grant 3D Helix a perpetual, worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, modify, display, and distribute your User Content. This license is granted for the specific purpose of operating, improving, and promoting our Services and your designs. We will not use your User Content to create or train any machine learning algorithms or AI models. You affirm that you own or have the necessary licenses and rights to your User Content and that its use by 3D Helix will not infringe upon the rights of any third party. You retain all ownership rights to your User Content.

1.7 Disclaimers and Limitation of Liability

The Services and all digital assets are provided to you on an "AS-IS" and "AS-AVAILABLE" basis without any warranties of any kind, whether express or implied. To the maximum extent permitted by the laws of the State of California, 3D Helix disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure. In no event shall 3D Helix, its affiliates, or its licensors be liable for any special, incidental, indirect, consequential, punitive, or exemplary damages, including lost profits or lost data, arising out of your use of the Services, even if we have been advised of the possibility of such damages. Our total liability to you for any and all claims related to the Services shall not exceed the amount you have paid to 3D Helix in the three months preceding the event giving rise to the claim.

1.8 Governing Law and Dispute Resolution

These Conditions of Use are governed in accordance with the laws of the State of California, USA, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or related to these terms shall be brought exclusively in the state or federal courts located in California, USA. You hereby consent to the exclusive jurisdiction and venue of such courts.

2. License Agreement

This License Agreement is a legally binding document that details your specific rights and obligations regarding the use of the digital assets and tools provided by 3D Helix.

2.1 Definitions

• Digital Asset: Refers to any blueprint, 3D CAD model, or other digital file made available by 3D Helix, whether through a one-time purchase or a subscription.
• Creation: A final, derivative work or product, either physical or digital, that incorporates a Digital Asset. This includes, but is not limited to, physical parts, designs for a project, or visual renders.
• Standard License: The limited license granted to individual purchasers and small businesses who subscribe to our basic plan.
• Enterprise License: The extended license granted to corporate entities who subscribe to our Enterprise tier, providing broader usage rights.

2.2 Standard License

Under the Standard License, which is granted to you upon purchasing an individual asset or subscribing to a Pro plan, you are granted a non-exclusive, perpetual, worldwide, and revocable license to use the Digital Assets for the following purposes:

• Personal and Small Business Use: You may use the Digital Assets to create Creations for your own personal projects or for clients of a small business. A "small business" is defined as a company with fewer than 10 employees and an annual revenue of less than $1 million.
• Modification: You are permitted to modify, adapt, or alter the Digital Assets to suit your specific project requirements.
• Physical Creations: You may use the Digital Assets to produce a limited number of physical Creations. This license allows for a maximum of 1000 physical units of any single Creation per Digital Asset.
• Web-based Tools: This license includes access to our web-based tools, including the Custom Spring Blueprint/Spec sheet, the Custom Spring Load Animator and the Custom Spring 3D CAD viewer, for the duration of an active paid subscription.

Standard License Prohibitions:

• Mass Production: You are strictly prohibited from using the Digital Assets for mass production, which is defined as producing more than 1000 physical units of all your total Creations.
• Redistribution: You may not redistribute, resell, lease, sublicense, or otherwise make the Digital Assets available in their original digital form, or in any modified digital form, to any third party.
• Use in Competing Services: You may not use the Digital Assets in any manner that competes with our business, such as incorporating them into another digital asset library or clearinghouse.

2.3 Enterprise License

Under the Enterprise License, which is granted to you upon subscribing to our Premium plan, you are granted a non-exclusive, perpetual, worldwide, and revocable license that includes all the rights of the Standard License, with the following key additions:

• Unlimited Physical Creations: You are granted the right to produce an unlimited number of physical Creations using the Digital Assets. This allows for mass production and commercial distribution.
• Broader Commercial Use: This license is designed for and is suitable for use by larger corporations. It allows for broad commercial use of the Digital Assets across multiple internal teams and projects.
• Liability for Modifications: You assume all responsibility and liability for any modifications made to a Digital Asset. 3D Helix is not responsible for the performance, safety, or any other characteristic of a Creation that is based on a modified Digital Asset. You agree to indemnify and hold 3D Helix harmless from any claims, damages, or losses arising from your use of a modified Digital Asset.
• Web-based Tools: This license includes unlimited access to the Custom Spring Blueprint/Spec sheet, the Custom Spring Load Animator and the Custom Spring 3D CAD viewer, for all authorized users within your organization for the duration of the active subscription.

Enterprise License Prohibitions:

• Redistribution: You are strictly prohibited from redistributing, reselling, leasing, sublicensing, or otherwise making the Digital Assets available in their original digital form, or in any modified digital form, to any third party.
• Use in Competing Services: You may not use the Digital Assets in any manner that competes with our business, such as incorporating them into another digital asset library or clearinghouse.

2.4 General License Prohibitions (Applicable to All Licenses)

• You may not use the Digital Assets for any illegal, immoral, defamatory, obscene, or infringing purpose.
• You may not, under any circumstances, claim ownership or authorship of the Digital Assets themselves.
• You are required to take all reasonable and industry-standard measures to prevent unauthorized access, downloading, or extraction of the Digital Assets, particularly when they are incorporated into a digital Creation. The Digital Assets must not be made available in a standalone digital file format that can be easily accessed or downloaded by a third party.
• You may not use the Digital Assets to create a new digital asset library for sale of said digital assets, a design template service, or any other type of clearinghouse that is in direct competition with 3D Helix.

2.5  Prohibited Countries and Entities

Our service is not available to individuals or entities located in, or affiliated with, countries subject to international sanctions or restrictions, including but not limited to:

    - Belarus: Denied licenses for exports and imports of defense articles and services.

    - Burma (Myanmar): Restricted due to human rights and national security concerns.

    - China: Strict controls on exports of defense articles and services, with exceptions for certain space cooperation.

    - Cuba: Comprehensive sanctions prohibit most transactions.

    - Iran: Denied licenses for exports and imports of defense articles and services.

    - North Korea: Strict controls due to national security and human rights concerns.

    - Russia: Denied licenses for exports of defense articles and services, except for certain government space cooperation.

    - Syria: Restricted due to national security and human rights concerns.

    - Venezuela: Denied licenses for exports and imports of defense articles and services.

- Additional Countries with Restrictions:

    - Afghanistan: Restricted due to national security concerns.

    - Central African Republic: Subject to comprehensive sanctions.

    - Cyprus: Restricted due to national security concerns.

    - Democratic Republic of the Congo: Restricted due to human rights and national security concerns.

    - Eritrea: Restricted due to national security concerns.

    - Haiti: Restricted due to national security concerns.

    - Iraq: Restricted due to national security concerns.

    - Lebanon: Restricted due to national security concerns.

    - Libya: Restricted due to national security concerns.

    - Somalia: Restricted due to national security concerns.

    - South Sudan: Restricted due to national security concerns.

    - Sudan: Restricted due to national security concerns.

    - Vietnam: Restricted due to national security concerns.

    - Yemen: Restricted due to national security concerns.

    - Zimbabwe: Restricted due to human rights and national security concerns.

    - Nicaragua: Restricted due to national security concerns.

   - Other countries or entities prohibited by ITAR (International Traffic in Arms Regulations) or other relevant laws.

2.6 Compliance with Laws

You agree to comply with all applicable laws, regulations, and sanctions, including ITAR and other export control laws.

You certify that you are not a resident or citizen of, or affiliated with, any such country from the above list or entity.