Basic Terms

Here we define the terms that we will use across this document.

  • CR” or “Provider” or “We”: Capturing Reality s. r. o., Syslia 46, 821 05 Bratislava SLOVAK REPUBLIC. Registered in the Commercial Register administered by Bratislava I District Court, Section Sro, Entry No 91210/B, Business Registration Number: 47356081
  • "Terms": Terms of use, terms of service, privacy policy, terms of license, this document.
  • "You" or "User”: A person or an entity. If you use the services on behalf of an employer or organization, you agree that you are authorized to accept these Terms on behalf of your employer or organization. "You" or "User” will refer to that organization in such case.
  • "MY Account" or “Services”: An account and online services at capturingreality.com owned and controlled by CR.

CR reserves the right without prior notice to:

  • change or modify this document at any time
  • change, modify or deny access to the site or a specific content

Terms of Service/Use

These terms are a legally binding agreement between you and CR. The terms are related to you and your use of MY Account. Read these terms carefully. If you do not agree to be legally bound by all of the following terms, then please do not access and/or use MY Account.

We may change the terms at any time and you agree to be legally bound by these terms as they are updated and/or amended. It is therefore advisable to review these terms regularly.

MY Account

MY Account provides access to the products and services provided by CR. We require from you and store following information for registration and use of MY Account: your e-mail address, full name, address, company, phone, web-site, and country. You are responsible for: maintaining the security of MY Account and password, and any activity related to the use of your MY Account (authorized or not). CR shall not be liable for any loss or damage resulting from your failure to comply with these obligations.

If your MY Account is attacked, compromised and/or abused then you should immediately notify the provider. CR shall not be liable for any loss or damage resulting from abovementioned events.

You can delete your MY account at any time. You agree to receive any notification and messages. Our privacy policy can be found at the bottom of this page/document.

Forum and public/semipublic posts

You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where any CR website is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. IP addresses of all posts are recorded to aid in enforcing these conditions. You agree that CR has the right to remove, edit, move, close or put on moderation queue any topic at any time we see it based on the site wide rules as well as forum specific rules (published within the specific forums). Please note that currently any very first post is automatically placed in the moderation queue and will be approved/disapproved according to the site wide rules. As a user you agree to any information you have entered to being stored in our database. While this information will not be disclosed to any third party without your consent, CR shall not be held responsible for any hacking attempt that may lead to the data being compromised.

Software

CR owns or can exercise copyright to all the software available at MY Account sites (hereinafter referred to as "Software") and all official CR pages. The Software is supplied together with the end-user license agreement ( hereinafter referred to as "EULA" ). User MUST agree the EULA in order to be able to use and install the software. End-users are allowed to use the software only in accordance with the EULA. You agree not to modify, rent, lease, loan, sell, assign, reproduce, distribute, license, sublicense, reverse engineer, spread the software except as authorized in the EULA. It is prohibited by law. If you break the EULA, you risk civil and criminal penalties and a litigation, in which CR will demand adequate compensation and remedy for the legal rights violation. The Software, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume all risk of using the software.

Disclaimers

You hereby acknowledge that MY Account is provided "AS IS" and with no warranties of any kind, whether expressed or implied (to the maximum extent permitted by applicable law). The user must assume all responsibilities and risk of using MY Account. CR and the copyright holders make any warranties whether express or implied (to the maximum extent permitted by applicable law). CR makes no guarantees (on features, services, content correctness, errorless operations, etc.) related to MY Account (to the maximum extent permitted by applicable law).

Limitation of Liability

In no event shall CR or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of MY Account (to the maximum extent permitted by applicable law). Any liability of CR or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations will be limited exclusively to refund the sum you had paid to the provider.

Governing Law and Language

These Terms shall be governed by and construed in accordance with the laws of the Slovak Republic. You further agree that:

  • conflict provisions of the governing law shall not apply
  • United Nations Convention on Contracts for the International Sale of Goods shall not apply
  • exclusive jurisdiction for any claim or dispute with the CR resides in District Court Bratislava I., Slovakia (relating in any way to Your use of the Software and MY Account)
  • the exercise of the personal jurisdiction is in the District Court Bratislava I (w.r.t. any such dispute or claim)
  • Slovak language is used for all documentation, documents, disputes, communication etc. (w.r.t. any claim etc.)

Notices

All notices must be in the written form and must be delivered by mail to: Capturing Reality s r. o., Syslia 46, 821 05 Bratislava SLOVAK REPUBLIC.

Privacy Policy

Privacy policy of the domain capturingreality.com web site(s) (hereinafter referred to as "site") applies to the site. If you do not agree with this Privacy Policy then please do not use the site.

By entering and using the site you agree with the following:

  • non-personal information can be automatically collected, processed and stored without limitations
  • you accept that your Personal Information gained with registration and use of this site may be transferred across international borders to server locations supporting, managing and maintaining the site
  • personal information can be collected and used to the maximum extent permitted by applicable law
  • CR is committed to the protection of privacy of the site visitors
  • CR does not distribute or provide your personal information to a third-party, except if required by law

When providing personal information you agree that you are not a minor or younger than legal age in your country and to the maximum extent permitted by applicable law.

Cookies

In order to secure correct and smooth functioning of this webpage, we save small text files called cookies on your devices during browsing this web. They contain information on some of your steps and preferences especially for repeated use of our webpage.

Most browsers accept cookies automatically because they enhance general user experience with browsed webpages. You can control, remove and refuse cookies in your Internet browser any time but this may result in restricted access to some functions of a website.

Terms of License

By ‘providing a license’ is understood a paid granting of the non-exclusive and time-limited (time-unlimited / perpetual) right from the provider to user for the use of a selected software.

License validity

A license is valid for a fixed period of time. The period is defined by a fixed starting and ending date. The starting date is typically identical to the payment date or it can be agreed case-to-case. The ending date is minimally set to +10 years in case of time-unlimited (i.e. perpetual) license. However, in such case, we will create another (long-time) license after that period of time if the owner of the perpetual license asks for it.

License associations and owner

The license is always associated with MY Account. The list of all licenses can be found in the Licenses section of MY Account.
The license owner is the user who owns MY Account. The license can be bought by another person or entity through the user's MY Account. An invoice is issued to the buyer (not to the owner) and can be issued by another legal entity than the provider. In such case the payment process MUST be initiated from user's MY Account. Nevertheless, the license is always created once the license fee has been paid.
The invoice for each license is accessible through Invoices section of MY Account.

License Activation

The software requires an online (offline) license activation for a set period of time in order to function on a specific computer.

  • The license is registered to a customer (end user) who owns the linked user account to whom the taxation document (invoice) had been issued. The license activation gives the customer the permission to use the software on a single computer during the given period of time, without the possibility to change the computer. The license is accessible after logging in in the user profile at https://www.capturingreality.com/My, in the Licenses section. After license activation expiring, there is a possibility to activate the license on a different PC. The change of a computer is allowed 5 times per year.
  • It is possible that during the online registration the customer’s hardware description data (or other non-personal data) will be transferred to a server of the company and that the customer may be appealed for presenting further private information. By activating the product the customer gives consent to their storing.
  • One of the conditions for providing the license is also a given consent to the license contract conditions (agreement on software license provision – so-called End User License Agreement / EULA) which is given to a customer during the software installation. If a customer disagrees with the agreement version about the software license provision (EULA), they should immediately interrupt the software installation process and further proceed in accordance with the article VII. of these business conditions (contract withdrawal).
  • The license is activated directly through the software during its first run. The program will prompt the user to acquire a license activation key online. The user has the possibility to turn on the automatic license extension. This can be changed later in the application settings. It is necessary to enter the login data used for the user’s account created at https://www.capturingreality.com/My. After logging in you select the activation period and confirm the provided data. In case of choosing the offline activation it is required to save the application unlock file to a portable medium and log in online to https://www.capturingreality.com/My. Afterwards, activate the PC in the license section via the above-mentioned file and import the license key file.

Support Service Details

This clause describes support that is included in a license price ( e.g. RealityCapture CLI or RealityCapture ). If a license does not contain support ( e.g. RealityCapture Demo or RealityCapture Promo ), then its user can use our web forum instead.

CR shall have the technical expertise in their performance of technical support. A request for support can be sent by e-mail or e-ticket. These should be answered within 1-3 working days. Our working days are from 8.00 a.m. until 4.00 p.m. CET. By working days are meant all days that are neither Saturdays, Sundays or public holidays, nor Christmas Eve or New Year's Eve. The instructions on how to contact our support will be provided after a license delivery.

The support contains:

  • Help with technical problems: If the software does not perform as expected or if there is an issue in the results, then our support will help the user solve the problem or will initiate the bug-fixing process. The bug fix can be distributed to user non-publicly before the next official release.
  • Help and advice about the licensed product: If a user would need a specific functionality which cannot be found in Help or other materials, then our support will help the user with where to find it and how to use it.
  • Basic workflow help and advice on where to find more information about how to solve a specific task.

The support does not contain:

  • Product training: If a user cannot work with the software based on the available help and tutorial materials, and the support would spend too much time on directing the user in the right direction, then the user shall be advised to get a paid training.
  • Expert consultation: If a user cannot design a capture scenario properly or their capture scenario gives bad results and the problem is not in the software but in the user's approach and if the support would spend too much time on directing the user in the right direction, then the user shall be advised to get a paid expert consultation.

Business Conditions

Order

If a user is interested in buying a license, the specification of the respective license types and names, information about the price, as well as information about the license validity are mentioned at the company's website. The user chooses the software licenses. The customer is eligible to make a contract about the license provision (onwards just as ‘the contract’).

A user confirms that the provider has clearly enabled him to acquaint himself with these business conditions before confirmation and sending an order. By sending an order the user agrees with these conditions. The user sends his proposal to make a contract by placing an order. The contract is concluded when the user's order is paid.

Any order is not binding on the provider until accepted by the provider.

Order process

  • Orders are placed online at the provider's website.
  • Order details are written in English.
  • A user orders a license by clicking on the 'Send Order', or 'Pay Now' button in Buy section of his MY Account.
  • It is necessary to register and log in in order to be able to start the order process.
  • The user must select license(s), fill-in invoicing details and accept conditions and click on the 'Send Order', or 'Pay Now' button
  • The license(s) is(are) created after the order payment confirmation. Licenses are listed in Licenses section of user's MY Account.
  • The invoices are listed in Invoices section of MY Account.
  • After the order is made by the user a confirmation email is sent to the customer or the customer is redirected to a payment system.

Way and the time of delivery

  • Way of delivery: The provider ships no physical products. All products are supplied in the electronic form. Any details necessary to enable a customer to download and use the acquired product (including license keys or access details, where applicable) can be found in the user's MY Account, this document or the software's help.
  • Time of delivery: The license(s) is(are) created after the order payment, no later than 24 hours after the payment. If it is not then the user must contact the provider and the provider will create the license(s).
  • The installation file of the latest version of the product can be downloaded directly from MY Account.

Price and payment terms

The price of the RealityCapture products is laid down based on the current price list published at the provider’s website. The license price excluding VAT is being shown during the order process directly in the order. Provider sets prices in euros unless stated otherwise.

The provider reserves the right to change the price list ex parte.

An invoice for the customer is issued within 5 working days since the order reception with the standard due date 14 days since its issue, with the exception of the invoices issued on 4 January of the calendar year, whose due date is 10 days since their issue date. An invoice can be downloaded from Invoices section of user's MY Account.

If the customer likes to be sent the invoice also via a postal carrier, they can ask for it by sending an e-mail to provider. The invoice shipment expenses bears the provider.

The payment can be made in different ways and through different retailers and resellers. The payment charges (to the benefit of the payment provider as the third party) bears the customer. The invoice contains all the requirements of the taxation document. The invoice can be issued by the retailer or reseller.

Warranties

The provider declares that the software which the provided license is connected with:

  • has basically such characteristics as stated in the documentation and its potential updates
  • is delivered in the required extent and quality
  • is suitable to the purpose specified by the provider or is usually used for
  • suits the requirements of the legal regulations and has no legal defects
  • the installation file contains no harmful software

Due to the specific nature of the software products, the provider does not guarantee nor claim that the functions contained in the software will suit the customer’s requirements or that its operation will be flawless.

The provider does not bear the responsibility for non-functionality or unusability of software as a result of wrong use or a combination of influences of technological / software equipment or harmful software.

The software, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether expressed or implied. The user must assume all risk of using the software.

Claims, suggestions and complaints

Due to the specific nature of the provider's software products, the provider recommends to a customer in case of problems to contact first the customer support department, and then, not until the problem is not solved to the customer’s satisfaction, to contact the sales department.

In the event of breach of the warranties stated in these business conditions, a customer is entitled to (a) the fault of the RealityCapture product (software) to be removed, (b) the software to be delivered without the fault, (c) the faulty installation file to be replaced by the faultless.

The right of responsibility for faults is applied directly at the provider’s company address (Capturing Reality s.r.o., Syslia 46, Bratislava 821 05, Slovakia) by sending a postal item.

The provider is obliged to dispose of the claims in 30 days since the day of its exercise.

The conditions and procedure for claims processing will be used appropriately also when solving the customers’ suggestions and complaints.

Contract withdrawal

A customer is entitled to withdraw from the contract in 30 days since the provider’s license order confirmation on the basis of which the license order will be cancelled.

The contract withdrawal needs to be sent as a postal item and must contain the customer’s data which were used in the order, as well as the login name.

If an invoice has already been issued to the order, the request must contain the invoice number. In this case a credit slip to the invoice will be issued. If the ordered license has already been paid for, the provider will refund the customer, who does not have the role of a consumer, within 14 days since withdrawing from the contract by bank transfer to the customer’s account, which is a mandatory item to be filled in in the contract withdrawal. In case of a consumer, the payment is returned within 14 days since the contract withdrawal reception day in the same way as the consumer used for the payment, unless the consumer and provider explicitly make an arrangement that the refund will be made in some other way. The expenses associated with the refund bears the provider, also in the case of the mutual agreement on a form of refund different from the originally made by the consumer.

In case that the contract is withdrawn by a consumer, they can complete the sample form for contract withdrawal available at the provider’s website. The completed form should be sent to the provider’s company address (Capturing Reality s.r.o., Syslia 46, Bratislava 821 05, Slovakia). A consumer is also entitled to send a contract withdrawal to the provider also in a different legible and intelligible form, for example by a postal item without the necessity to fill in the sample form for withdrawing from the contract, as long as the objective / will of the consumer to do so is clear from the postal item.

No later than in 3 days since the contract withdrawal reception, the provider will send to the customer an e-mail confirming the reception of the respective withdrawal.

Conditions of use

Equal to the 'Terms of license' of this document.

Personal information protection

The consent to provision of personal information is voluntary and is being given for 10 years. Each user can manage their personal information individually in their account details after signing in: https://www.capturingreality.com/my.account.

Each user can manage their personal information individually in their account details after signing in: https://www.capturingreality.com/my.account.

The provider puts emphasis on the protection of customers’ personal information. It is in accordance with the implemented procedures which ensure the maximum level of their protection. The provider processes the personal data of the respective persons exclusively for the purposes of selling the products, while the personal information is not provided nor made accessible to third parties and also not made public.

When processing personal data of the respective persons, the provider acts in compliance with the regulations of the Act no. 122/2013 of the Statute book about personal information protection of the Slovak Republic.

Our information systems are registered at the Office for Personal Data Protection of the Slovak Republic under no. 1615983.

The provider processes the personal data of the respective persons in the following extent: first and last name, e-mail, phone number, invoice address in extent of street name and number, city, zip code or delivery address in extent of street name and number, city, zip code (if it differs from invoice address).

The affected person has the right to request the information about the status of processing their personal data in the provider’s information system, ask for a correction of the incorrect, incomplete or outdated personal information, ask for the removal, provided that the purpose of their collection has been fulfilled, unless special legal regulations determine otherwise. These requests are sent by the affected person to the provider's e-mail. The person will be informed about the request execution via e-mail.

Final regulations

The customer declares that they had acquainted themselves with these business conditions before the order completion and dispatch and that they agree with their content.

Orders placed by a customer with an external provider's distributor are subject to terms and conditions of acquisition set forth by the distributor.

The provider and the customer declare that they fully accept the long-distance communication – particularly the electronic form of communication via electronic mail and the Internet network as valid and obligatory for both parties.

Your email address will be used strictly for the product notification purposes.
It will not be shared with any third parties for any reason.

© 2017 Capturing Reality s.r.o.

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