Terms of use

These Terms of Use (hereinafter also the "Terms") govern the use of the Application called Kroscloud. By creating a User Account or by using the Application, whichever occurs first, you are entering into an agreement on the use of the Application with us and you agree to be bound by these Terms (hereinafter also the "Agreement”). If you do not agree with the Terms, please stop using the Application immediately.

1. CONTACT INFORMATION AND SOME DEFINITIONS

   Application is a web application available at https://www.kroscloud.com.

   We or Krosapp, are the company Krosapp s.r.o., a company incorporated under the laws of Czech Republic - European Union, ID. Number: 06016553, with its registered office at Vinohradská 2828/151, Žižkov, 130 00 Prague 3, registered with the Commercial Register kept by the Municipal Court in Prague under file no. No. C 274160, which operates the Application.

   If you do not like anything, found a defect, want to report inappropriate content or if you have any suggestion, you can contact us by email on adminkroscloud.com or by filling out a contact form available at https://www.kroscloud.com/contact

   You are a user of the Krosapp web application.

2. USE OF THE APPLICATION
   1. The Application allows you to upload 3D models, panoramic (360-degree) and classic photos and create interactive 3D presentations from them. With the use of Krosapp 3D web browser, you can view the created 3D presentations in your web browser or insert them into other web pages (All elements of the Application hereinafter also "Services"). The Services may be modified from time to time at Krosapp’s sole discretion.
   2. In order to use the Services, you need to (i) access the Application via a modern web browser that supports WebGL; and (ii) keep your device connected to the Internet. For proper rendering of complex 3D models, it is recommended to use the Application on a device with corresponding computing power.
   3. The Application offers free services with limited functionality that are intended only for non-commercial use (e.g., to try the Application’s functionalities or use by non-profit organizations) (hereinafter also "Free Services") as well as various tiers of paid services with enhanced functionality (hereinafter also "Paid Services"). Any commercial exploitation of the Services without subscription to Premium plan or higher is strictly prohibited.
   4. By agreeing to the Terms, you acknowledge that you are concluding the Agreement in the course of your business or self-employment, and not outside this framework (the Application and the Services are not intended to be used by consumers.).
3. USER ACCOUNT
   1. In order to take full advantage of the Services, you need to create a Kroscloud user account (hereinafter also "User Account"). The User Account can be created by filling out the appropriate form on our website, or via third-party website accounts such as Facebook, Google, or Microsoft.
   2. You agree to provide only accurate and true information in connection with the creation of your User Account, and to update your information as necessary so it remains accurate and current. You may not transfer your User Account to any third party. You are responsible for keeping your account login information confidential and for any and all activities that occur under your account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your User Account or other breach of security on the Services.
   3. You can cancel your User Account at any time by clicking on the "Delete Account" button in the "Account setting" section. If the User Account is cancelled, Krosapp will also delete your User Content and make it unavailable to the public.
4. PRICING
   1. The pricing options of Paid Services are available at https://www.kroscloud.com/pricing. The prices do not include VAT or any other applicable taxes, duties, or fees, unless explicitly stated otherwise. Such costs are born by the user.
   2. The price is due at the beginning of each subscription period and is payable by card via Paddle, our reseller partner (www.paddle.com). You may save the payment details in the payment portal and agree to automatic payments in the future. The terms of use of Paddle portal are available here: https://paddle.com/legal/ .
   3. The invoice will be sent to you per e-mail and will be available in the Application. You agree that all invoices will be sent electronically to your e-mail address designated over the duration Agreement. If you wish to change your e-mail address, please contact our support department.
   4. If you are in delay with payment of any due amount, Krosapp is entitled to block your User Account and to suspend the provision of Services to you until the amount due is fully paid. Such action does not represent undue delay on Krosapp´s side and Krosapp is not liable for any damages or loss caused.
5. LICENSE TO THE APPLICATION
   1. The Application is protected by copyright and its elements or content (images, text, information, audio, video, graphics, and other material) may be subject to other intellectual property rights owned by Krosapp (hereinafter also "Krosapp Content"). We do not grant you any ownership over any Krosapp Content. We reserve all rights not expressly granted to you in this Agreement.
   2. For the purpose of using the Services according to these Terms, we grant you a non-exclusive, non-sublicensable and non-transferable, territorially unlimited license to use the Krosapp Content under the conditions set forth in these Terms. The license is granted for an indefinite period. Under no circumstances are you authorized to distribute, rent, lend, display, or otherwise communicate the Krosapp Content to the public. You may not modify the Krosapp Content.
   3. All software and software-as-a-service (SAAS) used in connection with the Services (hereinafter also "Software") is proprietary to Krosapp or to third parties, and except as may be required to exercise the foregoing license grant, any use, reproduction, redistribution, sale, translation, or making backup copies of such software is prohibited. Furthermore, you may not modify the Software, reverse engineer it, disassemble, decompile, or otherwise attempt to obtain its source code.
   4. Any commercial exploitation of the Krosapp Content, or the Software without express prior written permission from Krosapp is strictly prohibited.
6. USER CONTENT
   1. While using the Services, you may upload certain content (3D models, images, and related content, as well as user comments) to the Application (hereinafter also "User Content"). When you upload the User Content to the Application You remain its owner. Krosapp does not claim any ownership rights in your User Content. User Content is otherwise subjected to the following provisions.
   2. By submitting User Content, you represent and warrant that (i) you own or otherwise control all of the rights to your User Content, and (ii) your User Content or its use does not violate this Agreement, the law or the rights of any person or entity.
   3. Whenever you post or otherwise upload User Content to the Application, you grant Krosapp a non-exclusive, transferable and sublicensable, worldwide, perpetual, royalty-free and irrevocable license to use that User Content for the purpose of providing, improving, and promoting the Services. Krosapp may show your User Content to other users and may use it in advertisements. You allow Krosapp to reproduce, distribute and publicly display your User Content. For technical reasons (especially to ensure maximum compatibility of User Content) You also permit Krosapp to modify, translate and create derivative works of this User Content. You further grant Krosapp the right to use your name and trademarks in connection with Krosapp’s use of your User Content.
   4. The main purpose of the Application is to share User Content. Therefore, you agree that your User Content will become available to other users and to the public. You bear all risks associated with making your User Content available to the public.
7. RESTRICTIONS AND OTHER RIGHTS AND OBLIGATIONS
   1. When using the Services, you agree that you will:

      a)use the Services only in the usual way and you will avoid any such use that could harm or be competitive with Krosapp or that is contrary to the purpose of the Services,

      b)use the Services only for non-commercial purposes (unless you subscribe to Paid Services that allow you to use the Services for commercial purposes),

      c)not use the Services to perform or share any User Content that:

      (i)violates these Terms or other terms that apply to your use of the Services,

      (ii)is illegal, misleading, discriminatory, pornographic, or fraudulent,

      (iii)infringes the rights of others, including their intellectual property rights,

      (iv)disrespects, harasses, or degrades the dignity of others,

      (v)is otherwise unsuitable for the Application.

      d)not violate the security measures of the Application or undertake any other type of attack on it, in particular insert malware into the Application (computer viruses, ransomware, Trojans, etc.) or other malicious content and code, and you will not attempt to gain access to any part of Services to which you have not been granted access

      e)not change or attempt to change the functionality and appearance of the Services (especially the 3D viewer) differently than the built-in functionalities allow,

      f)not request or obtain login and other data for the User Accounts of other users and attempt to log in to another User Account without of the respective permission or attempt to breach the security of other User Accounts,

      g)not extract or use any part of the Application (including the databases contained therein) or information obtained from it for the purpose of entering this data into any other database ("screen scraping") or otherwise and for any other purpose perform automated processing of the data contained in the Application, especially for further machine or automated processing,

      h)not decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, Krosapp Content, User Content, or the Software except as permitted by this Agreement,

      i)not overload the Services by their automated use or use the Services in a manner that is likely to interrupt, suspend, slow down, or hinder their continuity or that will divert of the Services' system resources.

   2. Keep in mind that in some cases (for example, if another person claims your username and it does not seem to be related to your real name) Krosapp may be forced to change your username. If Krosapp decides to change your username, it will notify you by email and explain any options for reviewing the change.
8. INTELLECTUAL PROPERTY AND OTHER CLAIMS
   1. We encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or these Terms. You can do so by filling out the contact form as mentioned in the beginning of these Terms.
   2. To be effective, any notice regarding the intellectual property claim must include an identification of the copyrighted work claimed to have been infringed and identification of the material that is claimed to be infringing.
   3. Krosapp may remove or block any User Content from the Services, in whole or in part, without prior notice, for any reason. Krosapp especially reserves the right to remove User Content uploaded in violation of these Terms. If Krosapp removes your User Content, it will notify you by email and explain any options for reviewing the removal. However, Krosapp will not be so lenient if you violate these Terms seriously or repeatedly, or it is prevented from doing so by technical restrictions or legal reasons (in particular legal obligations or responsibilities).
   4. Krosapp may further block or restrict access to User content, Services, or information if it believes it is necessary to prevent or mitigate adverse legal or regulatory effects on Krosapp. In the event of a dispute as to whether a breach of these Terms has occurred, Krosapp has the decisive word.
9. LIMITATION OF LIABILITY
   1. Nothing in these Terms shall exclude or limit Krosapp ’s liability to a greater extent than permitted by law.
   2. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KROSAPP EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (I) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT; (II) THAT THE SERVICES, APPLICATION AND THE KROSAPP CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (III) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES, WEBSITE OR THE KROSAPP CONTENT. At the time of Application failure or downtime, Services may be temporarily unavailable without entitlement to any compensation. If there is any defect or problem in the Services, you can report it as described in the introduction to the Terms.
   3. You are responsible for the content of the information stored in the Application. Krosapp is not responsible for the transmission of this content or for its correct processing. Krosapp is also not responsible for the security and confidentiality of the content transmitted.
   4. In the event that a person other than you obtains or owns your login details, you are responsible for that person's actions while using the Services.
   5. Krosapp is not liable for any indirect damage caused to you, even if you notify Krosapp in advance of the possibility of indirect damage, especially for lost profits, special or incidental damage, or damage caused as an indirect consequence of using the Services. Krosapp is also not responsible for your non-material damage. IN ANY CASE, THE MAXIMUM AGGREAGATED LIABILITY OF KROSAPP TO ANY USER IS LIMITED TO THE AMOUNT OF FEES PAID BY THE USER FOR THE LAST YEAR BEFORE THE DAMAGE AROSE.
   6. If any third party makes any claim against Krosapp or its affiliates, subsidiaries, owners, directors, officers, employees and agents (hereinafter also "Indemnified Parties") arising out of or in connection with (i) a breach of these Terms by you; or (ii) your violation of any third party right, including without limitation any intellectual property, right of publicity, or privacy right, you will conduct out-of-court negotiations with that third party and provide Indemnified Parties with all possible co-operation for their effective defense in court, arbitration, or other proceedings, all at your own costs, and YOU WILL INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, PROCEEDINGS, LIABILITIES, JUDGEMENTS, LOSSES, DAMAGES, EXPENSES AND COSTS (including costs of legal proceedings, costs of legal representation, fines, sanctions and any pecuniary benefits that Indemnified Parties will be obliged to pay to a third party on the basis of a court or other binding decision for Indemnified Parties or on the basis of an approved settlement).
   7. You agree that you bear all risks associated with your User Content. You are solely responsible for safeguarding your User Content, and Krosapp has no duty to store copies of User Content for future availability to you or any user. Krosapp is not responsible for any damage caused by the use of your publicly shared User Content.
10. PROCESSING OF PERSONAL DATA
    1. The processing of your personal data is explained in Kroscloud Privacy Policy located at https://www.kroscloud.com/privacy-policy
11. TERMINATION OF THE AGREEMENT
    1. This Agreement is concluded for an indefinite period of time. You can terminate the Agreement at any time by cancelling your User Account.
    2. Krosapp can also terminate the Agreement at any time and block or prevent your future use of the Services or any portion thereof for any reason. Krosapp may do so in particular because (i) it ceases to provide the Services; (ii) you have been inactive in the Application for more than one year; (iii) you are in breach of these Terms in any way. In such a case, instead of terminating the User Account Krosapp may also suspend or permanently block your access to the User Account and the Services.
    3. If the Agreement is terminated, Krosapp will delete your User Content and make it unavailable to the public.
    4. Regardless of reason for the termination of the Agreement, you will pay the agreed price for each subscription term of the Services commenced before the termination of the Agreement, and the compensation for all damages incurred by Krosapp.
    5. Rights and obligations set up in Art. 4, 6, 7, 8, 9, 10, 11 and 12 shall remain effective even after the termination of the Agreement.
12. FINAL PROVISIONS
    1. Krosapp may change these Terms or any part of them at any time. Krosapp will notify you of any change in time via the Application user interface or by sending an email to your address and will give you at least 14 days to consider it. If you do not comment on the change of the Terms within the specified period, you are accepting the changed Terms upon its expiry. And if you reject the changed Terms within the specified period, your User Account will be deleted, and the Agreement will be terminated.
    2. All matters arising out of or relating to this Agreement and the use and operation of the Services shall be governed by the laws of Czech Republic – European Union, without regard to its conflicts of laws principles. Any disputes arising from this relationship will be resolved by the competent courts of the Czech Republic – European Union.
    3. Should any part of these Terms become unenforceable, the other parts will remain in full force and effect. Failure to exercise rights under any part of these Terms and Conditions will not constitute a waiver of such rights or an established practice.
    4. You may not assign any of your rights or obligations under these Terms without Krosapp’s written prior permission.
    5. Krosapp is entitled to place the trade name, logo, and trademark of the user on its website in the references section and use it as a reference in all its marketing materials, offers, etc.
    6. These Terms are effective from 1/1/2021.