Here we define the terms that we will use across this document.
CR reserves the right without prior notice to:
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 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 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.
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.
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).
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.
These Terms shall be governed by and construed in accordance with the laws of the Slovak Republic. You further agree that:
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.
By entering and using the site you agree with the following:
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.
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.
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.
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.
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.
The software requires an online (offline) license activation for a set period of time in order to function on a specific computer.
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.
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.
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.
The provider declares that the software which the provided license is connected with:
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.
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.
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.
Equal to the 'Terms of license' of this document.
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.
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.