General User Terms
Last updated: December 2020
VRSquare Virtual Reality Studio Inc. dba Meshmatic and its licensors (collectively, “Meshmatic”) is committed to protecting the privacy of individuals who visit our websites (“Visitors”), companies that use our Services (“Customers”) and individuals who use our Services (“Users”).
In this policy, the terms “we”, “us”, or “our” refer to Meshmatic, and the terms “you” and “your” refer to Users, individually and collectively. We offer a range of products, including our cloud, server and desktop products. We refer to all of these products, together with our other services and websites as “Services” in this policy.
1. Overview and Scope
As a service provider, we require you to ensure that you have obtained all authority to provide personal information to us in accordance with applicable privacy laws.
These Terms are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access our Services, whichever is earlier (the “Effective Date”).
2. Types of Information We Collect and Use
2.1 Account Information
When you create or establish an account for the Services, we collect and store information about you based on information you provide, which may include your name, job title, email address, billing information, user name, password, and any other information that may identify you individually. We use this information to set up your account, to give you the appropriate access and permissions, to communicate with you regarding your account, and otherwise for the provision of the Services. We may also use your email address to send you updates in connection with the Services or Meshmatic. You may change your account information and notification settings by editing your account profile within the Services.
2.2 Hosted Data
when you use and interact with the Services, any content that you post, upload, store, display, transmit, or submit on or through the Services will be collected and stored through your direct interactions with the Services as Hosted Data. For example, you submit information to us when you upload your 3D file, select optimization profile settings, provide us with feedback, or conduct other activities in our Services.
2.3 Payment Information
We collect payment and billing information when you register for certain paid Services. For example, we ask you to designate a billing representative, including name and contact information, upon registration. You might also provide payment information, such as payment card details, which we collect via secure payment processing services.
2.4 Third Party Integrations
2.5 Information Obtained from Third Party Authenticators
If you log in to the Services using a third party sign-in provider to authenticate your account for the Services (e.g., Google Sign-In, OneLogin or other SAML services) (“Third Party Authenticators”), we may receive, collect, and store information regarding your credentials for the applicable Third Party Authenticator, such as your user name, your email, your unique user identifier, profile picture, and other information you have authorized such Third Party Authenticator to share. This information is used for the purposes of creating and administering your account on behalf of your company.
2.6 Technical Data
We collect certain information about you when you visit and interact with any of our Services. This information includes the features you use; the links you click on; the type, size and filenames of attachments you upload to the Services. We may collect and use technical data about your session, application interactions, device, operating system, application software, and peripherals (collectively, “Technical Data”). We collect and use Technical Data to facilitate software updates, provide support, and continuously make improvements to the Services and our business. We may also aggregate the metadata and usage data of the Services, including Hosted Data, so that the resulting data and statistics are not personally identifiable to any individual User (“Aggregated Data”). We may collect and use Aggregated Data (i) for our own internal statistical analysis, (ii) to develop and improve the Services, (iii) to research trends and create predictive analysis; and (iv) to create and distribute aggregate reports and other materials regarding use of the Services.
2.7 Log Files
We use log files on the server side. The data held in log files may include your IP address, browser type, e-mail application, Internet service provider (ISP), referring/exit websites, computer platform type, operating system, date/time stamp, and user activity. We use server log data to analyze trends in order to better understand use of the Services and to administer, manage and improve the Services. The software enabling the Services has associated temporary log files that are stored on Meshmatic controlled servers, and these log files are copied into a third-party log aggregation tool. These logs may store your account information, preference settings, system notifications, and other data necessary to enable you to use the Services. Your information may also exist within regularly performed server backups. Our logs are retained for 90 days and our backups are retained for 30 days.
2.8 No Sensitive Personal Information
We do not intentionally collect or maintain, and we request that you do not post, upload, store, display, transmit, or submit Sensitive Personal Information on or through the Services. “Sensitive Personal Information” includes, but is not limited to, government-issued identification numbers, financial account numbers, credit or debit card numbers, consumer reports, financial information, background checks, biometric data, any code or password that could be used to gain access to personal accounts, or any information specifying medical and health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or the sex life of an individual.
We rely on you to ensure that you have obtained all necessary authority and consent to provide Personal Information to us for the purposes of the Services and to not provide us with sensitive personal information. You are solely responsible for all information you post, upload, store, display, transmit, or submit on the Services, including Sensitive Personal Information, and the consequences thereof. We are not responsible for and will not be liable to you or another individual for any loss or damages you or another individual may experience due to your disclosure of Sensitive Personal Information while using the Services.
2.9 Questions and Inquiries
When you contact us, by email, written correspondence, telephone calls, web-based forms, or otherwise, any information that you provide in such forum may also be collected and stored by us in order to facilitate the provision of Services and any related support for the Services. You may be asked for information that identifies you (such as your name, address and a phone number) along with additional information we need to help us promptly answer your question or respond to your comment or complaint. We may also retain this information to assist you in the future and to improve our customer service, product and service offerings.
2.10 Marketing Communications
If you submit your personal information to us through our website and consent to communication for the purpose of marketing, we will provide you with personalized communications regarding our products and services. For example, if you request a demo or fill out a “Contact Us” web form, we will use the information you provide us to contact you about your interest in our products and services. You can unsubscribe at any time by clicking unsubscribe in any of our emails.
3. Website Information
When you use and interact with the Services, we use “cookies” or other similar technologies to collect and store information related to your access to or use of the Services. A cookie is a small piece of information that a website can store on your device for later retrieval. We place a cookie on your hard drive or in “local storage”, a feature of your browser, to retain information locally regarding your usage. Cookies are used to manage authentication/login, provide analytics, remember your preferences, and otherwise monitor the functionality of and improve the Services. You may set your web browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from our website, you may not be able to take advantage of all of the features of our websites.
Our websites may also use a technology called “tracer tags” or “Web Beacons”. This technology allows us to understand which pages you visit on our website. These tracer tags are used to help us optimize and tailor our website for you and other future visitors to our website.
We may use a third party such as Google Analytics to help us gather and analyze information about the areas visited on the websites (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the convenience of the websites.
4. How We Transfer and Disclose Information
4.1 Limitations of Use and Disclosure
Your personal information may be transferred (or otherwise made available) to our affiliates and other third parties who provide services on our behalf (e.g., email services, cloud computing services, data storage facilities, mailing services, logging, hosting, advertising and analytics services, payment processing). Our service providers are given the information they need to perform their designated functions, and are not authorized to use or disclose personal information for their own marketing or other purposes.
Legal and Compliance
We and our Canadian, US and other service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise required or permitted by applicable Canadian, US or other law or legal process. Your personal information may also be disclosed where necessary for the establishment, exercise or defence of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.
Sale of Business
Personal information may be provided to third parties in connection with an acquisition, debt financing, divestitures, financing, merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Meshmatic or as part of a corporate reorganization or stock sale or other change in corporate control, including for the purpose of determining whether to proceed or continue with such transaction or business relationship
4.2 International Transfer of Information Collected
We operate out of Canada and store information with service providers located in Canada, and Europe. We collect information globally and may transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate for the purpose of providing you the Services. Whenever we transfer your information, we take steps to protect it.
4.3 Third Party Websites
6. Security Measures
We take your privacy and data security very seriously and strive to maintain the security of all Personal Information. We maintain appropriate physical, technical, and administrative safeguards to protect against loss, misuse, and unauthorized access, use, disclosure, modification, or destruction of Personal Information, including Hosted Data, in our custody and control. However, no website or transmission of information over the internet or common carrier lines is guaranteed to be completely secure, and we cannot guarantee that unauthorized access, hacking, data losses, or other breaches will never occur.
Meshmatic servers are managed and located at a third-party Infrastructure-as-a-Service (IAAS) provider, and we have taken commercially reasonable steps to choose a qualified IAAS provider that operates according to industry standard terms of service and data security protocols. We use commercially reasonable efforts to store and encrypt Personal Information in a secure location, encrypt passwords, and utilize a minimum of 128-bit Secure Socket Layer (SSL) certificates to protect transactions to and from the Services.
You may access and use the Services via a registered user account, which is also protected by a password for your privacy and security. You are responsible and liable for safeguarding your account and password that you use to access the Services, and for all activities or actions that occur under your account. You should take measures to prevent unauthorized access to your account and your information by selecting and protecting your password appropriately and limiting access to your computer (or other device) and browser by signing off after you have finished accessing your account. If you choose to authenticate your account through a Third-Party Authenticator, the security and privacy of your account is subject to the policies of such Third Party Authenticator and we have no liability for the applicable Third Party Authenticator’s security and privacy practices.
7. Access to Personal Information
If we receive a request from an individual to access, correct, update or delete Personal Information we have collected on your behalf in the course of providing the Services, we will direct that individual to you.
Meshmatic will work with you to respond in a timely manner to all reasonable written requests to view, modify, or delete Personal Information, subject to applicable law.
If you submit Personal Information via our Website or otherwise directly provide us with Personal Information, you may request access, updating or correction of your personal information (subject to limited exceptions prescribed by law) by submitting a written request to us at the contact information below. We may request certain personal information for the purposes of verifying your identity.
10. Contact Meshmatic
We can be contacted at:
1500 – 555 Hastings Street W
Vancouver, BC, Canada
Any questions regarding this can be directed to firstname.lastname@example.org
Meshmatic – General User Terms
These General Terms and Conditions (the “General Terms”) – together with the other documents referenced and linked below (collectively, the “Agreement”) – describe your rights and responsibilities concerning your use of the services offered by VRSquare Virtual Reality Studio Inc. dba Meshmatic (“Meshmatic”), including via the www.meshmatic3d.com website and all associated services (collectively, the “Services”). Your use of the Services constitutes your acceptance of the Agreement. Therefore, please take the time to review these terms carefully.
If you do not agree with some or all of these terms, do not use the Services.
Last updated: December, 2020
The Services, including the meshmatic3d.com website are provided by Meshmatic. In this Agreement, the terms “we”, “our” and “us” refer to Meshmatic.
2. Modifications and Updates to These Terms and Conditions
We reserve the right to update or modify (collectively “change”) the terms of this Agreement (including those documents that are incorporated herein by reference) at any time and from time to time, without prior notice to you. Your use of the Services following any such change constitutes your agreement to follow and be bound by such changes. For this reason, we encourage you to review this Agreement (and all documents incorporated by reference, as set out below) whenever you visit the meshmatic3d.com website. We will include a “last revised” date on this Agreement as displayed on the website.
3. Termination of Your Use of the Services
In addition to any other rights or remedies available to us, in our sole discretion we may terminate or restrict your access to this Services or any component thereof at any time, without notice or liability to you.
All of the content on or made available via the Services, including without limitation all of the images, illustrations, graphics, audio clips, video clips, multimedia clips, interfaces and text (collectively “Material”) is the property of Meshmatic or its licensors-as are all trade-mark, copyright, patent and/or other intellectual property rights arising therefrom. The Material is protected under copyright, trade-mark and other laws of Canada and other countries, and Meshmatic owns all copyright in the selection, co-ordination, arrangement and enhancement of the Material. MESHMATIC, and the MESHMATIC & 3D OPTIMIZER FOR CAD AND FBX Design are trade-marks and/or trade names of MESHMATIC. All other company names, brand names, trade-marks and logos are the property of their respective owners. Nothing made available via the Services or contained on the website will be construed as granting any license or right to use any trade-marks (whether by implication or otherwise), including Meshmatic’s trade-marks, except with the express written permission of Meshmatic or such other party that may be the owner thereof.
5. Permitted Use of the Services; Prohibitions
You may download, print and store selected portions of the Material provided that you: (a) only use these copies of the Material for your own personal, non-commercial use; (b) do not copy or post the Material on any network computer, or broadcast or redistribute the Material in any media or through any other channel; (c) do not modify or alter the Material in any way; and (d) do not delete, obscure or change any copyright, trade-mark or other proprietary notice contained in the Material. Additionally, you understand that by using the Services that you may be exposed to Material that you may find offensive or objectionable and that, in this respect, you use the Services at your own risk.
Except to the limited extent expressly permitted above, any other use of any of the Material (whether in whole or in part) is strictly prohibited. Without limiting the foregoing, you must not frame, mirror, scrape, or mine any of the Material except with our prior written consent. Additionally, without limiting the foregoing, you may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Material (whether in whole or in part) unless you have been specifically told that you may do so by Meshmatic or by the owners of that Material in a separate agreement. You may not, whether directly or indirectly, use any device, software or routine or otherwise interfere or attempt to interfere with the proper working of the Services. You may not take any action that places a disproportionately large load on the infrastructure of the Services. We may enforce our rights to the fullest extent of the law should you breach any of these terms and conditions.
We seek and welcome your feedback regarding the Services. In the event you provide us with any such material (whether through the Services, by electronic mail or otherwise) including any questions, comments, suggestions, testimonials or the like (all of which are collectively called “Feedback”), you retain ownership of all rights in such Feedback. However, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to delete, reproduce, modify, adapt, publish, translate, share, rent, lend, create derivative works from, distribute, commercialize, communicate by telecommunication, display and otherwise use such Feedback throughout the world in any media, now known or hereafter developed for any purpose, and you waive any and all moral rights in the Feedback. You also agree that we are free to use any ideas, concepts, know-how, or techniques contained in any Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. You also grant us the right to use the name you submit (if any) with such Feedback in connection with our rights hereunder. By providing Feedback, you warrant that the content of such Feedback is not subject to any third party copyright or any other proprietary rights, and that you have full capacity and authority to provide such Feedback and this license to the Feedback.
You have read, understood and agreed to our Privacy and Security Policy, the terms of which appear on the Website and are incorporated by reference into this Agreement, and agree that the terms of such Privacy and Security Policy are reasonable. You consent to the use of your personal information by Meshmatic and/or third parties in accordance with the terms of and for the purposes set forth in our Privacy and Security Policy.
The Website may contain, and the Services may make available, links to other web sites. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Meshmatic of the linked website or information contained therein. Your use of such sites and your dealings with the owners or operators thereof are at your own risk.
10. Errors and Corrections; Disclaimers
The Services, including the meshmatic3d.com website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior or any notice to you. All Material is provided “as is”, “where is”, “as available”, without representations or warranties of any kind. TO THE FULL EXTENT PERMITTED BY LAW, MESHMATIC, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, MEMBERS AND SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE. Without limiting the foregoing, we do not represent or warrant that the Material is accurate, complete, reliable, useful, timely or current or that the Services will operate without interruption or error. We assume no responsibility, and are not liable for, any damages to your computer equipment, data or other property on account of your access to or use of the Services or your downloading of any Material, or inability to do any of the foregoing. We make no representation that the Material provided via the Services is applicable or appropriate for use in locations outside of Canada.
11. Limitation of Liability
Your use of the Services is undertaken at your own risk. Under no circumstances will Meshmatic, our affiliates or agents be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this Services, your reliance on any Material, or any consequences flowing therefrom. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding the foregoing, if for any reason we are found liable for any loss or damage which arises out of or is in any way connected to your use of (or inability to use) the Services or Material, then our total aggregate liability under such circumstances will not exceed two Canadian dollars (CAD $2.00), in aggregate. If you are dissatisfied with the Services, any Material or with this Agreement, your sole and exclusive remedy is to discontinue using the Services.
You agree to indemnify and save harmless Meshmatic, our affiliates, and their respective directors, officers, agents, members and suppliers (in this section, “we” and “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use of the Services or your breach of this Agreement. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who Is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defense and indemnification obligation will survive termination of this Agreement and your cessation of use of the Services.
13. Governing Law and Courts; Timing of Claims
This Agreement and your use of the Services (including access to the meshmatic3d.com website) will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You further agree that despite being available from a variety of jurisdictions, the Services (including access to the meshmatic3d.com website) will be deemed solely based in the Province of British Columbia, Canada; and that the Services (including access to the meshmatic3d.com website) shall be deemed to be passive in nature and not giving rise to personal jurisdiction over Meshmatic in jurisdictions other than the Province of British Columbia. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to your use of or inability to use the Services and this Agreement. However, you agree that nothing herein precludes Meshmatic’s application for injunctive remedies or other urgent legal relief in any jurisdiction. You agree that any claim or cause of action you may have arising from, connected with, or relating to this Agreement or the Services must be commenced in a court of competent jurisdiction in the Province of British Columbia within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred.
The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.
15. Other Jurisdictions
Use of the Services is unauthorized in jurisdictions that do not give effect to this Agreement or where access to or use of the Services may be illegal or prohibited. Those who choose to access the Services from such locations do so on their own initiative, at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
The provisions of this Agreement will enure to the benefit of and be binding upon each of Meshmatic and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Meshmatic which may be withheld in Meshmatic’s sole discretion. Meshmatic may assign this Agreement and its rights and obligations under this Agreement without your consent or notice to you.
The provisions of Sections 4, 6-8 and 10-19 will survive termination of the Agreement, howsoever occasioned.
19. Entire Agreement
This Agreement, together with those documents incorporated or referred to herein, constitutes the entire agreement between you and Meshmatic relating to your use of the Services and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by the express and explicit agreement of Meshmatic to modify this Agreement in writing, or by Meshmatic making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. No Meshmatic employee or agent has the authority to vary this Agreement.