alef

Acceptance of Terms

This Terms of Service document (the "TOS") is an agreement you must accept in order to use our Services (as defined below). The terms "you" and "users" encompass all users. This document describes both your rights and your obligations as part of using the Services. It is important that you read it carefully because you will be legally bound to these terms. Volumetrics, Inc. ("Volumetrics," "we," "us") only provides its alef application and related services (as defined below) to you subject to this TOS. By accepting this TOS or by accessing or using the Services, you agree to be bound by this TOS (including the Privacy Policy, which is incorporated here by reference).

If you are entering into this TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this TOS. In that case, the terms "you" or "your" shall also refer to such entity. If you do not have such authority, or if you do not agree with this TOS, you may not use the Services. You acknowledge that this TOS is a contract between you and Volumetrics, even though it is electronic and is not physically signed by you and Volumetrics, and it governs your use of the Services.

As our business evolves, we may change this TOS. If we make a material change to the TOS, we will provide you with reasonable notice prior to the changes either by emailing the email address associated with your account or by posting a notice on the Website. You can review the most current version of the TOS at any time by visiting this page. The revised terms and conditions will become effective on the date set forth in our notice, and if you use the Services after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to cancel your account and stop using the Services, which you may do by sending an email to [email protected] or otherwise through the process provided in the Services.

By accessing or using the Services, you affirm that you are at least 16 years of age (or have reached the age of digital consent if that is not 16 years of age where you live). You represent that you are fully able and competent to enter into and comply with the terms and conditions in this TOS.

Description of Service

The "Service(s)" means (a) the Volumetrics website located at https://alef.io (the "Website"), (b) the immersive 3D application "alef" available on Meta platforms and other devices (the "App"), and (c) all software (including the Software, as defined below), applications, data, text, images, 3D models, and other content made available by or on behalf of Volumetrics through the foregoing. The "Services" does not include Your Data (as defined below) or any software application or service that is provided by you or a third party, which you use in connection with the Services (each a "Non-Volumetrics Product"). Any modifications and new features added to the Services are also subject to this TOS. We reserve the right to modify or discontinue the Services or any feature or functionality thereof at any time without notice to you. All rights, title, and interest in and to the Services and its components (including all intellectual property rights) will remain with and belong exclusively to us.

Access and Use of the Service

You may access and use the Services only for lawful, authorized purposes and you shall not misuse the Services in any manner (as determined by us in our sole discretion). See the section titled Representations and Warranties for specific provisions outlining prohibited uses of the Services. You shall comply with any codes of conduct, policies, storage limitations, or other notices we provide you or publish in connection with the Services from time to time, but if any of those policies materially change the TOS, we will provide you with reasonable notice as provided in the Acceptance of Terms section above. You shall promptly notify us if you learn of a security breach related to the Services.

Any software that may be made available by or on behalf of Volumetrics in connection with the Services, including the alef application ("Software"), contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, we only grant you a personal, non-sublicensable, and non-exclusive license to use the object code of any Software solely in connection with the Services. Any rights not expressly granted herein are reserved.

When using alef on Meta platforms, you agree to also comply with all Meta platform policies and guidelines applicable to applications on those platforms.

You hereby agree to be bound by these terms and acknowledge that violation of this TOS is grounds for termination of your account.

Your Data and User-Generated Content

"Your Data" means any data and content you upload, post, transmit, or otherwise make available via the Services, including but not limited to code, assets, files, 3D models, images, comments, and profile information (which may include data you elect to import from Non-Volumetrics Products you use). We will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security.

By uploading or posting Your Data on the Services, you represent and warrant that you have all the necessary rights, licenses, and permissions to use and share Your Data, and that Your Data does not infringe or violate any third-party rights, including intellectual property rights, privacy rights, or any applicable laws or regulations.

You retain all ownership rights in Your Data. However, you grant Volumetrics a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Data solely for the purpose of operating, promoting, and improving the Services.

You understand that any code, assets, or content you make public on the Services may be viewed, used, and remixed by other users. You agree that you are solely responsible for setting the appropriate access permissions and that Volumetrics is not responsible for any use of Your Data by other users or third parties who access Your Data via the Services.

If you choose to share or make Your Data publicly available, you do so at your own risk. Volumetrics is not responsible for enforcing any licensing terms you may apply to Your Data.

You are solely responsible for your conduct, the content of Your Data, and all communications with others while using the Services. We are not responsible for the accuracy, appropriateness, or legality of Your Data or any other information you and your users may be able to access using the Services.

Prohibited Content and Activities

You agree not to upload, post, transmit, or otherwise make available any content that:

Infringes or violates any intellectual property rights, privacy rights, or other rights of any person or entity.
Contains viruses, malware, or any other harmful code.
Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Violates any applicable laws, regulations, or industry standards.
Encourages or provides instructions for a criminal offense or any unlawful activity.
Violates any Meta platform policies or guidelines when using the App on Meta platforms.

You agree not to use the Services to engage in any activity that interferes with or disrupts the Services or servers or networks connected to the Services.

Representations and Warranties

You represent and warrant to us that:

You have full power and authority to enter into this TOS.
You own all rights, title, and interest in Your Data or have obtained all necessary rights and permissions to use, share, and license Your Data as contemplated herein.
Your Data and your use of the Services will not infringe or violate any third-party rights, including intellectual property rights, privacy rights, or any applicable laws or regulations.
Your use of the App on Meta platforms will comply with all Meta platform policies and guidelines.

You also agree not to engage in any of the prohibited activities outlined in the section titled "Prohibited Content and Activities."

Disclosure

You acknowledge, consent, and agree that we may access, preserve, and disclose your account information and Your Data if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any of Your Data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Volumetrics, its users, and the public.

Term; Termination

This TOS will continue in full effect unless and until your account or this TOS is terminated as described herein.

We reserve the right to deactivate and delete your account or your content and terminate this TOS at any time for any reason, or no reason, with or without notice. Upon any termination of this TOS, we will have no obligation to maintain or provide Your Data.

Access to the App on Meta platforms is also subject to Meta's terms and policies, and your access to the App through Meta platforms may be terminated in accordance with their terms.

Please see our Privacy Policy for more information about the choices you have regarding Your Data.

Disclaimer of Warranties

THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. VOLUMETRICS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VOLUMETRICS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN DISCRETION AND RISK.

VOLUMETRICS IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY USERS OR THIRD PARTIES, INCLUDING ANY ERRORS OR OMISSIONS IN SUCH CONTENT, OR FOR ANY LOSS or damage of any kind incurred as a result of the use of any such content.

NO HIGH RISK USE. The Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. The Services shall not be used for or in any HIGH RISK environment.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL VOLUMETRICS BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, FIVE HUNDRED ($500) U.S. DOLLARS, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. VOLUMETRICS SHALL NOT BE LIABLE FOR ANY CONTENT UPLOADED, POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE BY USERS OR THIRD PARTIES, INCLUDING ANY INFRINGEMENT OF THIRD-PARTY RIGHTS OR ANY ILLEGAL CONTENT.

THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

We respect the intellectual property rights of others and expect our users to do the same. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA") or other applicable intellectual property laws. In appropriate circumstances, we may terminate the accounts of users who are repeat infringers.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Volumetrics's Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
A description of the copyrighted work or other intellectual property that you claim has been infringed.
A description of where the material that you claim is infringing is located on the site.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Volumetrics's Agent for Notice of claims of copyright or other intellectual property infringement can be reached by email at [email protected] and by mail at:

Volumetrics, Inc
1337 Natoma St #3
San Francisco, CA 94103

Indemnification

You shall defend, indemnify, and hold harmless Volumetrics and its affiliates, officers, agents, employees, and partners from and against any claims, actions, suits, or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Data, your use or misuse of the Services, or your violation of any third-party rights, including intellectual property rights. Volumetrics shall provide notice to you of any such claim, suit, or demand. Volumetrics reserves the right to conduct the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Volumetrics's defense of such matters.

Third-Party Platforms

The App may be available on Meta platforms and other third-party platforms. Your use of the App on such platforms is also subject to the terms, conditions, and policies of those platforms. You acknowledge that these third-party platforms may have their own terms of service and privacy policies, and your use of the App on those platforms constitutes your agreement to comply with such terms.

Volumetrics is not responsible for the availability, features, or functionality of third-party platforms, and your ability to access and use the App on those platforms may be affected by their policies and technical requirements.