TG3D-Scanatic™ For Fashion

Scanatic™ For Fashion Cloud Service (“Service”) is provided by TG3D Studio Inc. Limited and its Affiliates (“TG3D,” “We,” or “us”) under this Terms of Use (the “Terms”).

The Service provides User’s Body Measurements by the body scanning service app, developed by TG3D or you, and Scanatic 360 Body Scanner. You could access and manage the client’s Body Measurements generated in the Body Scanning Service for providing your client the custom-made clothing service and sales of clothes.

When you register the Service, you agree that you have read, understood, and consented to all the content stated in the Terms. We reserve the right to modify or amend the Terms. Please visit the Terms from time to time. Your continued use of the Service after any such modification or amendment constitutes your acceptance of the new Terms.

1. Definition
1) “Account” means the Administrator Account with full authorization to access the Client’s Information, 3D body model and Body Measurements; and the Clerk Account with limited authorization to access above information.
2) “Client’s Information” means you client personal information, including but not limited to the name, contact number, gender, date of birth and information in accordance with the Body Scanning Service.
3) “Service” means Scanatic™ For Fashion Cloud Service provide you to access and manage your Client’s Information and the client’s 3D body model and Body Measurement collected through the Body Scanning Service.
4) “3D body measurements file” means the electronic record, with the format of .tgs, containing the information of 3D body model and the Body Measurements. Details of Body Measurement.
5) “User” means a user of clothing company, including but not limited to provide custom-made clothing and ready-to-wear clothing and their employees and agents. (“User”or “you”). If the User is the employees or agents of the clothing company, it is deemed that the clothing company agree to comply with and to be bound by the Term.

2. Usage of the Service
1) You shall be solely responsible for the use of the Service, including but not limited to the access, use, and safeguard of the Account ID and the password.
2) You may access the 3D body measurements file and download, limited to three times, the 3D body measurements file if the client consents to provide you the 3D body measurements file in his or her setting of the service.
3) The 3D body measurement file can be used and accessed under the required environment of the Service. You may subscribe the TG3D Data Exporter for the function of conversion of the format and save of such format.
4) You shall ensure the quality of the custom-made clothing service and sales of clothes, including but not limited to, the pattern, fabric, size, cutting and date of delivery of the ordered clothes you guarantee to your client.
5) You are prohibited from modifying, reverse engineering, reverse coding, decompiling (into a human readable format) or dissembling the Software, lock or unlock the function and setup of the program and system is basically designed, impeding or interfering with any user’s use of the Software and Services.
6) Without TG3D’s prior written consent, you are not allowed to sub-license, lease, sell or assign any of the software and files received under this Term or to copy, reproduce, translate the software and files or in any way to use the software and files that will damage TG3D’s rigts. You also agree to comply with all relevant laws and regulations and use the Software and Services for lawful purposes only. Without TG3D’s prior written consent, you are not allowed to provide the Account and the related service to any third party other than your employees.
7) You shall pay the monthly subscription fee of the Service, the details of the fee is accordance with the agreed quotation between you and TG3D. The monthly subscription fee shall be made in full within the 10th day of each month. User shall be responsible for all taxes, duties, fees, or other charges of any nature (including, but not limited to, consumption, gross receipts, import, property, sales, stamp, turnover, use, or value-added taxes, and all items of withholding, deficiency, penalty, addition to tax, interest, or assessment related thereto, imposed by any governmental authority on User, TG3D or its subcontractors) in relation to the payment under this Term. If you deducts or withholds such taxes, you shall pay additional amounts so that TG33D receives the full subscription fee without reduction for any other taxes.
8) TG3D will suspend the Service from the 11th day of the month if the subscription fee of the month has not been paid within the agreed period. Nevertheless, you should be responsible for paying the subscription fee of the days the Service is activate for you.

3. Personal Information
1) You may process and use Client’s Information and Body Measurements for the purpose of providing custom-made clothing service and sales of the clothes and shall take all necessary steps to safeguard client’s information when using the the Service.
2) If the Client’s Information, 3D body model and Body Measurements are collected through the software you developed, you are obligated to provide TG3D the information for better executing the Service and agree TG3D can collect, process, analyze and use such information. TG3D may reserve the information, including but not limited to 3D body model and Body Measurements, which has been sub-grouped and is not able to reflect or specify any identifiable individual.

4. Limited Warranty
1) We will use commercially reasonable efforts to continue providing the Service for you.
2) TG3D’s sole liability, and User’s exclusive remedy, for any breach of this warranty shall be, at TG3D’s sole discretion, (a) to use commercially reasonable efforts to provide User with an error-correction that allows the Service to substantially achieve the performance, operation and functionality; (b) to provide the Service in alternative ways; (c) to return the received monthly subscription of the service, limited to the affected functional service arising out of such breach, from the date of such breach.

5. Limited Liability
1) We will extend the duration for the number of days the service is suspended solely attributable to TG3D.
2) IN NO EVENT SHALL TG3D BE LIABLE TO USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING OUT OR RESULTING FROM THIS TERM EVEN IF TG3D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3) NOTWITHSTANDING ANY OTHER PROVISIONS HEREOF TO THE CONTRARY, ANY AND ALL LIABILITIES (INCLUDING THE ENTIRE OR TOTAL LIABILITIES) OF TG3D, INCLUDING WITHOUT LIMITATION, INDEMNIFICATION OBLIGATIONS UNDER THE TERM FOR CLAIMS, ACTIONS, LAWSUITS, SETTLEMENTS, JUDGMENTS, DAMAGES, FEES AND EXPENSES, AND ALL OTHER LOSSES OF ANY AND ALL TYPES, ALLEGED OR INCURRED BY USER ARISING OUT OF OR IN CONNECTION WITH ANY USE, OTHER DISPOSITION OF SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON THIS TERM, CONTRACT, WARRANTY, TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED THE LOWEST OF THE TOTAL AMOUNT RECEIVED BY TG3D FROM USER UNDER THIS TERM IN THE SIX MONTHS BEFORE THE CLAIM AROSE .

6. Termination and Indemnification
1) In the event of a material breach of the Term by you which is not cured within 7 business days following receipt of TG3D notice or in the event of such breach has a severe effect on TG3D or clients, TG3D may, at its sole discretion, terminate or suspend the authorization of the Account, in whole or in part, without any prior notice.
2) You shall indemnify, defend and hold harmless TG3D and its Affiliates, and their partners, directors, officers, employees, agents, successors and assigns from and against all liabilities, losses, damages and costs (including reasonable attorney’s fees)

7. Privacy Policy
Please refer to the Privacy Policy.

8. Amendments
We may update this Policy from time to time and comply with the relevant local privacy laws and regulations. When we make significant changes, we will make an announcement on our official website (http://www.tg3ds.com).

9. Miscellaneous.
1) If you have any problem with the Service, please contact TG3D.
2) The Terms shall be construed, supplemented and applied in accordance with the laws of the Republic of China. For any matter which is not covered herein, please contact our customer service.If there is any discrepancy between the Chinese version and the English version of the Terms, the Chinese version shall prevail. Both parties agree that all disputes arising out of the Terms shall be subject to the jurisdiction of the Taiwan Taipei District Court if they cannot be resolved through negotiation and the parties have to resort to litigation.