Article 1-) Parties;
This Agreement is concluded between 3D ProBox, whose information is given below and USER, who intends to benefit from services in this Agreement.
3D ProBox ;
Title: 3D Probox Teknoloji Hizmetleri Sanayi Ve Ticaret Limited Şirketi (3D Probox Technology Services Industry and Trade Limited Company)
Address: Kınıklı mah. Hüseyin Yılmaz cad. No:67 Pamukkale Teknokent B Blok G04
Tax Office and No: Pamukkale Tax Office Tax ID No: 0012120473
E-Posta adresi: [email protected]
Tax Office and No: [.]
Phone Number: [.]
E-Mail address: [.]
ARTICLE 2-) SUBJECT OF THE AGREEMENT;
The subject of this Agreement is for the three-dimensional model of the photos taken at the request of the User to be created by 3D PROBOX and to provide access for the customer via his/her user account to the created project.
Website www.3dprobox.com:: The website, where users carry out activities and receive information, ad, 3d model and services.
3D ProBox App: The mobile application, where users carry out activities and receive information, ad, 3d model and services.
ARTICLE 3 -) GENERAL CONDITIONS
a) User, https://merchant.iyzipay.com/register will sign up to the website by filling out the form on the address www.3dprobox.com or the App 3D ProBox .
b) After 3D ProBox approves the information uploaded by the User during signing-up, this Agreement shall become effective and valid as of the date, when the Agreement is approved by the User.
c) Filling out the sign-up form does not mean that the Agreement has been concluded.
a) The user will only be able to use the platform after the Agreement enters into force.
b) 3D ProBox reserves the rights:
• to call the User by phone before the Agreement enters into force, to verify the information input in the sign-up form particularly finalize the conditions of negotiations related to conclusion of the Agreement, and/or,
• to not accept sign-up s submitted by the User, without any reason.
ARTICLE 4-) GENERAL PRINCIPLES OF 3DPROBOX WORKING PRINCIPLES
1. User logs in to the system via the website www.3dprobox.com or the Mobile Application 3D ProBox.
2. The User can review public models of other users from Explore page on the website and the mobile application without signing up or logging in to the website or the mobile application.
3. The User can enter public profiles of other users. S/he can see the public models produced by profiles and the name, full name, website, mail address, country, social media accounts, usage role, biography of such profiles.
4. After users sign in to the website or the mobile application, profile owners do not have to write information other than their profile name. The information they write is clearly displayed on their profile.
5. They can hide all their personal data and models using the option 'Hide my Account' except for the profile name.
6. They can select the 3d models they have produced as public or hidden, while publishing them on their profile.
7. User cannot start producing models (uploading photos) and cannot like other posts without signing up to the system.
8. The user logs into the mobile application and starts taking pictures. By pressing the shutter button, the phone camera begins to take photos at certain intervals of seconds.
9. After the photo shoot is complete, the user completes the information of the project. S/he can see the photos in the project and delete what s/he wants. S/he can review different projects s/he has created.
10. Credit numbers of the projects are determined based on total pixel and number of photos.
11. The credit rate determined upon approval of the user, is deducted from the account and the photos are uploaded to the system for modeling.
12. The user can shoot and upload photos via the app and the website, besides s/he can follow the same steps to upload the photos taken by devices such as phone, camera or drone.
13. The stages of the projects are updated by us. Users can review project statuses from their profiles.
14. Project status stages are as follows respectively:
• In line: Photos are uploaded in the system and pending for modeling
• Processing: modeling phase started
• Ready to share: 3D model is created and uploaded to user's account
15. The user can cancel the project when the project is ‘in line'. After cancellation, the number of credits used is reimbursed to the account.
16. The produced 3D model is uploaded to user's profile. User publishes the model inputting the information such as description etc.
17. There are 2 types of publishing features of the model produced by 3D ProBox:
• Public: These models are also published Explore page. Anyone, whether they are member or not, can review the model and description.
• Hidden: hidden models can only be seen by the profile owner and the people with whom they share the link.
18. User can download the 3d models produced as .obj and .jpeg files.
19. Using the 'Share' tab, users can share the posts:
• as a link on social media accounts, mails, applications such as WhatsApp by user.
• They can publish the models that belong to them via embed code through online model displaying infrastructure using the embed code sequence on websites other than 3dprobox.com.
20. Users can share hidden models of others as a link but not as embed.
21. The subscription system is based on displays from shares via embed code. That is to say, displays made in models published outside the website 3dprobox.com shall be taken as basis.
22. Models that are sensitive content (sexual content, abuse, violence) shall be determined by 3D ProBox and marked as sensitive content. As a result of this marking, the model's public display feature will be canceled.
23. Since there might be overlooked shares, the responsibility for sensitive content models, titles and descriptions, belong solely to the user.
24. All legal and other responsibilities related to the models produced by the users, belong entirely to them.
25. We have the right to publish publicly published models on our social media pages and promotions without permission from the profile.
26. However, it is necessary to receive permission from the user for use of models produced for users, outside the digital platforms of 3D ProBox.
27. Photos that users have uploaded for 3D modelling, are deleted from our servers after modelling is completed.
28. If no operation is done for 7 days when the project created by the User is a 'Draft', the project and photos are deleted from our servers.
29. Photos belonging to users will not be used in any other place without permission, except for modelling.
30. The credit system is regulated as follows:
• The total amount of credit to be spent is determined depending on megapixel and number of photos used.
31. At the request of the users, all photos and data are their own responsibility and our company will not be responsible.
ARTICLE 5 -) SUBSCRIPTION SYSTEM, PAYMENT METHOD AND PRICING
1. The credit system is regulated as follows:
• The total amount of credit to be spent is determined depending on megapixel and number of photos used.
• After the project is approved, the specified amount of credit is deducted from the user's account.
• Price per credit varies depending on credit packages.
• Credit purchases are made through Iyzico infrastructure.
2. The subscription is regulated as follows:
• After displaying models outside digital platforms of 3D ProBox through online displaying infrastructure of 3D ProBox, the number of displays is taken as basis.
• The number of displays is calculated on a monthly basis.
• Subscription fees are paid through Iyzico infrastructure via credit card monthly.
• The monthly calculation is based on the total displays of models shared externally.
• In case the subscription limit is exceeded, the display of models belonging to the user, outside digital platforms of 3D ProBox will be suspended.
• The user cannot cancel the subscription within the same month s/he has activated it,
• Unless s/he nots cancel the subscription function, the monthly payment will be active.
• Prices vary depending on subscription packages.
• Credits uploaded to the profile of users after they purchase, cannot be refunded. They remain in their account as credit.
3- The payment system is carried out through Iyzico, and credit card information of users is not visible or not stored by us.
4 Credits uploaded to the profile of users after they purchase, cannot be refunded. They remain in their account as credit.
ARTICLE 6-) RIGHTS AND OBLIGATIONS OF THE USER
a) User agrees and declares that s/he shall not interfere with the functions of 3D ProBox and shall use it in accordance with the installation and use instructions of the platform.
b) Instalment conditions shall be offered to the User according to instalment restrictions specified in Regulation on Bank Cards and Credit Cards.
c) In case it is detected that products and services, especially those specified below, contradicting the law or principles of platforms of 3D ProBox, are offered on platforms of 3D ProBox, 3D ProBox shall be entitled to suspend the use of 3D ProBox wholly or partly and in case it is continued despite all warnings, it shall be entitled to terminate the Agreement unilaterally and effective immediately, due to violation of the Agreement. In such a case, the Customer shall not be entitled to any indemnity:
• Pornographic products or products of erotic nature,
• Products showing or promoting child pornography and other images showing signs that a crime of distribution of pornography has been committed,
• Dissemination of drugs and psychotropic substances or poisons,
• Sale of prescription drugs,
• Sharing images that may incite or cause crime or eliminate copyright protections by technical means,
• Sharing images within the scope of anti-terrorism legislation,
• Other products, services and actions involving insults, swearwords in a manner that might damage the reputation of 3D ProBox before third parties,
• Products and images that violate the intellectual and industrial property rights of third parties
• Refusal of payment or complete suspension of access to the platform for the reasons listed above does not constitute a violation of the agreement by 3D ProBox.
• All responsibility that may arise due to the above considerations belongs to the user and 3D ProBox reserves the right of recourse to the customer.
• In case 3D ProBox suffers any damages due to sale of services and use of images contradicting the Law or this Agreement, User shall be liable to compensate all kinds of damages suffered by 3D ProBox. The User shall be obliged to check and ensure whether the products and services shared on the Website are among those specified in this article, whether they are products or services forbidden by law and whether the products and services are sold in accordance with legislation.
ARTICLE 7-) RIGHT OF 3DPROBOX TO BLOCK ACCESS TO THE PLATFORM OF THE MANAGEMENT INTERFACE
a) 3D ProBox shall have the right to block access to the Platform or User Interface, especially in case of following situations. After the elimination of such a situation, access will be granted again. In case the access is blocked, the User will not be able to use any feature on the Platform or User Interface.
b) 3dprobox is authorized to control the services related to this Agreement without prior notice to the User.
c) If the user has a computer virus attack on platforms belonging to the 3D Probox,
- If it is found that illegal products or services are shared on the platforms and if it is found that there is illegal content on the Website of the User,
- If images shared and used on the platforms contradict the conditions specified in the Agreement,
- 3D ProBox is also authorized to suspend access to the Platform or the User Interface without any reason or duration in cases except for given above, as well.
ARTICLE 8-) Platform Maintenance, Downtime and Troubleshooting
a) 3D ProBox shall provide continuous maintenance, hardware and technical support necessary for the proper operation of its own platforms. Accordingly, 3D ProBox reserves the right to temporarily suspend or limit the operation of the relevant servers in cases that are explicitly specified in this Agreement.
b) In such a case, the Customer is not entitled to any indemnity.
ARTICLE 9-) MISCELLANEOUS PROVISIONS
a) If any provision of this Agreement becomes void for any reason, applicability and/or validity of the other provisions or the Agreement shall not be affected by this voidness.
b) The parties agree that records accessible through the management interface will be accepted as an evidential agreement between the parties.
c) The parties agree that Denizli Courts and Enforcement Offices shall be competent authorities for settlement of disputes arising from this Agreement.