1. Plans, Memberships, and Purchase Terms
1.1 Plan
The features and price of your access to the Service are determined by the subscription plan and account type you register for, purchase, renew, or change into (each, a “Plan”)—to review the features and price associated with 3DHEALS’s Plans, please visit https://3dheals.com/membership-account/
1.2 Free plan
If you sign-up for a free plan (“Free Membership”) through our Site, 3DHEALS grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service in strict accordance with these Terms. We reserve the right, in our absolute discretion, to withdraw or to modify your access to the Service at any time without prior notice and with no liability.
1.3 Individual Plan
If you purchase an individual subscription plan (“Premium Membership”), 3DHEALS grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal use for the subscription term selected (the “Individual Term”) in strict accordance with these Terms.
1.4 Enterprise Plan
(a) Business License
If you purchase a business subscription plan (“Enterprise Membership”) through our Site or through a separate 3DHEALS provided order form (“Order Form”), 3DHEALS grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service for the subscription term selected (the “Business Term”) in strict accordance with these Terms.
(b) Seats
The Business Plan allows employees or affiliate employees to register as users (a “Business User”), each Business User will be able to register for an Account and use and access the Service (a “Seat”). Each Seat is to be used solely by the named Business User and may not be shared amongst multiple employees, affiliate employees, contractors, agents, or other individuals. Except if explicitly indicated in a separate agreement or Order Form, the Seats granted under these Terms are not transferable to any other individual for any reason, and you will take all commercially reasonable steps to prevent your Business Users from granting access to the Service to any other individuals. As a Business Plan subscription holder, you represent and warrant that you have obtained all necessary consents, approvals, or other authorizations from your Business Users and have provided appropriate notices for the collection and use of such users’ User Content (as defined below) by 3DHEALS in accordance with these Terms.
(c) Transfer
You acknowledge and agree that the Seats granted under these Terms are specific to the individual Business Users you designate. The Individual Business Subscriptions granted under these Terms are not transferable to any other individual for any reason, with the exception that a Business Plan subscriber can transfer up to 10% of their Seats within the Business Term to new Business Users. You will take all commercially reasonable steps to prevent your Business Users from granting access to the Service to any other individuals.
(d) Additional Seats
As a Business Plan subscription holder you may purchase additional Seats during the Business Term at the then-current price. The use of the Service is conditioned upon timely payment of each Seat added, which will be prorated for the number of days remaining in your then-current Business Term.
(e) Publicity
As a Business Plan subscription holder, you agree that we may include your name in a list of customers and identify that you are a user of 3DHEALS. We may post your company name and logo on our Site and promotional materials provided that such use may be for informational purposes only in marketing efforts, and for no other purpose.
1.6 Fees
The License (Individual or Business) is expressly conditioned on timely payment of the then-applicable license fee (“Subscription Fee”). We may include a separate charge for any applicable sales, use, value-added, or excise taxes, and any other similar taxes, duties or charges of any kind. We will remit taxes collected, if any, to the appropriate taxing authority. If payment is not received within the required time period, we may suspend your access to the Service until payment is received. Except as set forth in the Terms, all Subscription fees are non-refundable. We reserve the right to increase or decrease any Subscription Fee at any time; however, to the extent you have paid your Subscription Fee in advance, the increase or decrease will not become effective for your Plan until the end of your current Term or your next renewal.
1.7 Auto-Renewal for Subscription Services
Unless you opt out of auto-renewal, your Subscription will be automatically extended following any subscription term, for the same period of time as the subscription term, at the then-current rate. To change or terminate your Subscription, go to your Account page or contact us at info@3DHEALS.com. If you terminate your Subscription during the subscription term, you may use your Subscription until the end of the then-current term and your Subscription will not be renewed after the then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current subscription term.
2. Trial Subscriptions and Beta Releases
From time to time, 3DHEALS may provide you with a Free Plan or a 3DHEALS Service on a trial basis at no charge (a “Trial Subscription”) or with access to features and functionality designated as pilot, unreleased, limited release, non-production, early access, in development, or in “alpha” or “beta” or by a similar description (collectively, “Beta Releases”), which are optional for you to use, any may be subject to supplemental terms that will be presented to you. You may choose to try such Trial Subscriptions and Beta Releases at your sole risk.
3DHEALS may use good faith efforts in its discretion to assist You with Trial Subscriptions or Beta Releases. Nevertheless, and without limiting the other disclaimers and limitations in these Terms, you agree that any Trial Subscriptions or Beta Releases are provided on an “as is” and “as available” basis, to the fullest extent of the law, without any warranty, support, maintenance, storage or indemnity obligations from 3DHEALS of any kind. You acknowledge and agree that Beta Releases, by their nature, have not been fully tested and may contain bugs, errors, omissions, which may not be corrected by 3DHEALS and that Beta Releases may undergo significant changes prior to release of the generally available final versions. 3DHEALS makes no promises that future versions of Beta Releases will be released or will be available under the same commercial or other terms. 3DHEALS may terminate your right to use any Trial Subscriptions or Beta Releases at any time for any reason. YOU ACKNOWLEDGE AND AGREE THAT 3DHEALS WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A TRIAL SUBSCRIPTION OR A BETA RELEASE.
3. Usage of the Service
3.1 Restrictions
The License granted is subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, in whole or in part, or any content displayed on the Service; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you will not access or use the Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein or specifically enabled as a feature of the Service, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.
3.2 Limits
We reserve the right to monitor use of the Service and to deactivate or terminate your rights to use the Service (including your Account) if your usage behavior exceeds normal limits, as determined in our sole discretion.
3.3 Modification
3DHEALS reserves the right, at any time without notice or liability, to change or eliminate any content or feature or restrict the use of any portion of the Service. Your only right with respect to any dissatisfaction is to cease use of the Service. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service will be subject to these Terms.
3.4 Availability of Service
You recognize that the traffic of data through the Internet may cause delays during your use of or access to the Service, and accordingly, you agree not to hold us liable or make any claims against us for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Service may not be available due to such delays, delays caused by our upgrading, modification, or standard maintenance of the Service, or any other delays outside of our control.
3.5 No Support or Maintenance
You acknowledge and agree that 3DHEALS will have no obligation to provide you with any support or maintenance in connection with the Service.
4. Payment terms
4.1 Payment
Subscription holders agree to pay the monthly, annual, or course fee specified when you purchase a Subscription. Depending on where you transact with us, the type of payment method used, and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices because of exchange rates and other geographic-specific pricing. Any agreement you have with your payment provider will govern your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Subscription reaffirms that we are authorized to charge you for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
4.2 Billing Authorization
You may be asked to provide a credit, charge, or debit card number from a card issuer that we accept in order to activate your Subscription – your authorizations in this Section also apply to our payment processor and any other company that acts as a billing agent for us. You hereby authorize us to charge your specified payment method on a monthly or annual basis, in advance, for recurring Subscriptions, and to charge in advance for any course-based or other subscription models, and/or to place a hold on your payment method with respect to any unpaid charges for Subscriptions. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither 3DHEALS, nor any 3DHEALS agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to the such debit card unless and until you provide a credit card number.
4.3 Third-Party Payment Processors
You agree to pay us, through our payment processors, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you sign up for a Subscription. We reserve the right to correct, or to instruct our payment processor or financing partner to correct, any errors or mistakes, even if payment has already been requested or received.
4.4 Invoice Payment
As a Business Plan subscription holder, if you choose to be invoiced (or choose to have a third-party payment provider or reseller be invoiced on your behalf) your Subscription Fee will be invoiced as of the subscription start date when the Seats are activated (“Start Date”). You hereby agree that the Subscription Fee is due as of the invoice date, payable within thirty (30) days of said date and according to the instructions on the invoice.
5. Termination and Cancellation
5.1 Termination
You agree that we may deactivate or terminate your rights to use the Service (including your Account) or terminate your Plan (i) if we believe that you have breached or acted inconsistently with these Terms and (ii) at any time for any reason at our sole discretion if you are a subscription holder under a Free Plan or a Classrooms Plan. You agree that any such deactivation or termination for the foregoing reasons may be effected without prior notice to you and that we will not be liable to you or any third party for any deactivation of your Account or termination of your Plan.
5.2 Cancellation Individual Plan
Your Individual Plan may be cancelled at any time via your user Account settings page or by emailing support@3DHEALS.com. After cancellation, your Individual Plan will remain active to the end of your then-current Individual Term to the extent your Subscription Fee is paid. We will not offer refunds on any fees or charges related to your Individual Plan—this includes any partially used or unused periods for which you have already paid. Your obligation to pay fees continues through the end of your Individual Term.
5.3 Cancellation Business Plan
(a) Cause
We or the Business Plan subscription holder may cancel the Business Plan or any Order Form prior to its expiration if the other party breaches these Terms or an Order Form and fails to cure said breach within thirty (30) days after receipt of notice thereof. Except for instances arising from our uncured breach, all Subscription Fees or charges related to your Business Plan are non-refundable and all unpaid fees are due and payable immediately upon cancellation.
(b) Convenience
A Business Plan may be cancelled for convenience at least prior 30 days prior to the expiration of the then-current Business Term via your account settings page or by notice to us. After cancellation, your Business Plan will remain active to the end of your then-current Business Term to the extent your Subscription Fee is paid. In the event of any termination for convenience all portions of the Subscription Fee are completely non-refundable. Your obligation to pay fees continues through the end of your Business Term.
5.4 Post-termination or cancellation
These Terms will continue in effect until termination or expiration of your Account or Plan. Upon termination or expiration your rights under these Terms, your Account and right to access and use the Service will terminate immediately. Termination or expiration may involve deletion of your User Content associated with your Account. 3DHEALS will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following Sections will remain in effect: 6, 7.1, 8, 10 through 16.