Terms of Service

1. Acceptance of Terms

By installing, accessing, or using Supra 3D Capture ("the App", "we", "us", or "our"), you ("you", "Merchant") agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must immediately uninstall the App and discontinue all use. Your installation of the App on a Shopify store constitutes your acceptance of these Terms on behalf of yourself, your business, and any employees or contractors who use the App.

2. Description of Service

The App provides 3D capture and reconstruction services for physical products. It runs phone-based photogrammetry capture sessions, processes resulting images on third-party cloud infrastructure, produces GLB 3D models, and provides tools to publish those models into Shopify product media and a Shopify theme app block. Features may change, be added, or removed at any time without notice. The App may rely on third-party photogrammetry, computer-vision, cloud compute, and storage providers ("External Processors").

3. Merchant Responsibilities

You are solely responsible for:

• All content, photographs, captures, prompts, descriptions, and data you upload or generate ("User Content")
• Ensuring you have all rights and permissions to capture, process, and publish the physical products you photograph
• Compliance with all applicable laws, including intellectual property, trademark, privacy, and consumer-protection laws
• Complying with Shopify's terms, policies, and platform requirements
• Ensuring your use of generated 3D models is lawful in your jurisdiction
• Maintaining the security of your Shopify account and any credentials used with the App

We do not review or validate User Content or App outputs. You accept full responsibility for everything captured, processed, or published through your account.

4. User Content & License

By uploading or generating User Content, you grant us a worldwide, royalty-free, sub-licensable license to host, store, process, transform, reproduce, transmit, display, and otherwise handle that content for any operational purpose related to the App, including running it through External Processors and producing derivative 3D models.

You acknowledge that:

• The quality of generated 3D models is not guaranteed and may vary significantly between captures, even for similar inputs
• Photogrammetry outputs may be incomplete, distorted, holey, low-resolution, or otherwise unsuitable — particularly for transparent, reflective, very dark, very small, hair-like, or moving subjects
• Generated models may not perfectly match expected proportions, scale, color, or material appearance
• Multiple captures (often many) may be required to produce a usable model, and a usable result is not guaranteed at all
• Each scan or generation — successful or not — consumes credits, quota, and/or subscription usage, and these are non-refundable regardless of the outcome
• You are responsible for evaluating and verifying all outputs before publishing them
• We provide no guarantee of originality, accuracy, or freedom from copyright infringement for any output

5. External Processors & Third-Party Services

The App may transmit User Content and other data to External Processors to fulfill requests or operate functionality. These third parties operate independently, and we do not control or guarantee their behavior, policies, or security.

You agree that:

• Your data may be stored, processed, or transmitted through external systems outside our control
• We are not liable for the practices, downtime, data loss, or actions of any External Processor
• External vendors may retain or handle data according to their own policies, which we do not control

6. Modifications to the Service

We may modify, suspend, restrict, or discontinue any part of the App at any time without prior notice. We make no guarantee of performance, uptime, availability, feature stability, or compatibility with any specific Shopify theme.

7. Fees, Subscriptions, and Quotas (Strictly Non-Refundable)

All subscription fees, plan fees, recurring charges, one-time purchases, usage fees, scan credits, model quotas, add-ons, top-ups, and any other related charges are billed through Shopify and are strictly non-refundable under any circumstance.

Because photogrammetry is inherently variable, you acknowledge and accept that:

• The quality of generated 3D models is not guaranteed
• Multiple attempts — sometimes many — may be required to achieve a usable result, and a usable result may never be achieved
• Photogrammetry may produce flawed, distorted, holey, low-detail, or entirely unusable outputs
• Every scan attempt consumes quota and/or credits, whether the output is usable or not
• Subscriptions, plans, quotas, and credits are non-refundable in full or in part — no prorated refunds will be issued for cancellations, downgrades, plan changes, or unused portions
• Quotas and credits do not roll over between billing periods unless explicitly stated in the plan, and any unused balance is forfeited at the end of each period
• No refunds, credits, replacements, regenerations, or billing adjustments will be issued for unsatisfactory output quality, failed generations, system errors, or perceived under-delivery
• Uninstalling the App, cancelling a subscription, or stopping use of the App does not entitle you to a refund

All charges are final. No exceptions. By subscribing or purchasing credits or quota, you expressly waive any right to dispute, chargeback, or claim a refund based on output quality or the number of attempts required.

8. License Grant; Non-Transferability

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App solely for your own Shopify store(s) and solely in accordance with these Terms. You may not assign, resell, sublicense, rent, lease, lend, or otherwise transfer the App or your rights under these Terms without our prior written consent. Any attempted transfer in violation of this section is void.

9. Prohibited Uses

You agree not to use the App for any unlawful, unsafe, or prohibited activity, including but not limited to:

• Uploading infringing, harmful, illegal, or obscene content
• Capturing or 3D-modeling third-party products you do not have the right to reproduce
• Generating models that violate intellectual property, trademark, or publicity rights of others
• Using outputs in deceptive, fraudulent, or misleading ways
• Attempting to reverse-engineer the App, its APIs, or its underlying systems
• Interfering with, overloading, abusing, or attempting to bypass any security or rate-limit mechanism
• Using the App to build a competing service or to scrape or harvest data from our systems

10. No Warranty (Outputs Not Guaranteed)

The App is provided "as-is" and "as-available" with no warranties of any kind, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted use. We do not guarantee that:

• 3D outputs will meet your expectations
• Results will be accurate, consistent, watertight, or usable
• Generated models will render correctly in any specific Shopify theme or device
• Outputs will match previews or prior captures
• The App will function without errors, bugs, or interruptions
• User Content will be preserved without loss or degradation

You acknowledge that photogrammetry is probabilistic and may behave unpredictably, requiring multiple attempts or adjustments.

11. Limitation of Liability

To the fullest extent permitted by law, we are not liable for any:

• Poor, flawed, or unsatisfactory 3D outputs
• Need for repeated attempts or capture experimentation
• Loss of profits, revenue, customers, or business opportunities
• Data loss, corruption, or unauthorized access
• Actions, failures, or policies of External Processors
• Interruptions, bugs, or performance issues in the App
• Inaccuracy, unpredictability, or instability of photogrammetry behavior
• Damage to your storefront, brand, customer trust, or third-party relationships caused by use of the App

No compensation, refunds, credits, or adjustments will be issued for any reason related to output quality or system behavior.

Our total cumulative liability arising out of or related to the App, regardless of theory (contract, tort, statute, or otherwise), is strictly limited to the lesser of (a) the amount you paid to us for the App in the 30 days immediately preceding the claim, or (b) USD $50. The foregoing limitations apply even if the remedy fails its essential purpose.

12. Indemnification

You agree to defend, indemnify, and hold harmless the App, its owners, developers, employees, affiliates, contractors, agents, and partners ("Indemnitees") from and against any and all claims, damages, losses, liabilities, settlements, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the App or any output generated through it
• Your User Content or any content you publish to your store using the App
• Your violation of these Terms or any applicable laws
• Any third-party intellectual property, privacy, or publicity claim relating to your captures or models

We may, at our sole option, assume the exclusive defense and control of any matter otherwise subject to indemnification, and you agree to cooperate with our defense.

13. Intellectual Property

All rights to the App, its code, design, UI, branding, trademarks, models, prompts, documentation, and underlying technology belong exclusively to us or our licensors. Nothing in these Terms grants you ownership of the App or any component of it. Subject to your payment of applicable fees, you own the 3D models generated from your own captured User Content, except for any underlying software, data structures, or technology of the App embedded in or required to produce them.

14. Data Handling

Data practices are described in our Privacy Policy. By using the App, you acknowledge that data may be stored or processed in any location we choose, by us or by third-party vendors.

15. Termination

We may suspend or terminate your access to the App at any time, with or without cause, with or without notice. Uninstalling the App ends your license to use it, but does not obligate us to delete any data unless required by law. Sections that by their nature should survive termination (including Sections 4, 7, 10, 11, 12, 13, 16, 17, and 18) shall survive any termination of these Terms.

16. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. Subject to Section 17 below, the state and federal courts located in Delaware shall have exclusive jurisdiction for any dispute not subject to arbitration.

17. Mandatory Arbitration; Class-Action Waiver

Any dispute, claim, or controversy arising out of or relating to the App or these Terms, including the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration shall be conducted by a single arbitrator and shall take place in Delaware (or, at your option, by remote/telephonic hearing). Judgment on the award may be entered in any court of competent jurisdiction.

YOU AND WE EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

This section does not prevent either party from seeking injunctive or equitable relief in court for infringement of intellectual property rights.

18. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed from these Terms. The remaining provisions shall continue in full force and effect.

19. Changes to Terms

We may update, modify, or replace these Terms at any time without notice. The most recent version will always be posted at this URL. Continued use of the App after any update constitutes acceptance of the updated Terms.

20. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior or contemporaneous understandings, communications, and agreements, written or oral.

21. Contact

For questions about these Terms, please contact us at supxyzra-not3d-botcaptzzzure@fakesktchblah.io.