General Terms and  Conditions 

Effective Date:

12/01/2024

1. About these Terms

These Terms and Conditions constitute the legally binding agreement between you (or “the User”) and eyesCloud3D (or “We” or similar) and govern your use of the eyesCloud3D platform.

The eyesCloud3D Platform, including its functions, user interface, software and all applications, websites (such as https://app.eyescloud3d.com) and other associated technological platforms are jointly referred to in these Terms as the "Platform".

The ownership of eyesCloud3D is held by: eCapture Research and Development S.L. (hereinafter "the Company"), with registered office at Torre Siglo XXI, Paseo Fluvial 15, Planta 11ª Oficina Suroeste, Badajoz, Spain, registered in the Companies Registry of Badajoz in Volume 539, Folio 171, Sheet BA-23900 and Tax Identification Number ESB06619944.

This document (as well as any other documents mentioned herein) regulates the terms and conditions governing the use of this Website (https://app.eyescloud3d.com/) and the purchase of products and/or services therein (hereinafter, Terms).

For the purposes of these Terms, it is understood that the activity carried out by the company through eyesCloud3D is the quick and easy automatic generation of 3D models with any type of camera and without the need for prior knowledge (hereinafter "the Service").

In addition to reading these Terms, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the Cookie Policy, and the Privacy Policy of eyesCloud3D.

By using this Website or by purchasing and/or requesting the purchase of a product and/or service through it, the User consents to be bound by these Terms and by all the aforementioned provisions; in this order of things, if they do not agree with said provisions and documents, they must refrain from using this Website.

Furthermore, We inform the User that these Terms could be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, since the Terms applicable to any purchase of products and/or services shall be those in force at the time of the purchase.

Should the User have any questions or doubts regarding these Terms, the User can contact the owner of the Site using the contact details provided above or, where appropriate, using the contact form.

2. The User

Any person who has access to, surfs or makes use of the Website or the Platform shall be considered a User (hereinafter referred to, indistinctly, individually as User or jointly as Users), so all the Terms established herein, as well as their subsequent modifications, are accepted from the moment any of these actions occur, without prejudice to the application of the corresponding mandatory legal regulations, where appropriate.

The User is responsible for using the Platform correctly. The User is therefore responsible for:

·

Ensuring they use the Site solely for legally valid searches, requests and purchases.

·

Do not make any false or fraudulent purchases. If We have reason to believe such a purchase has been made, it could be canceled and the relevant authorities shall be informed.

·

Provide truthful and lawful contact data, for example, email address, postal address and/or other data (see Legal Notice and General Terms of Use).

WHO CAN REGISTER AS A USER ON THE PLATFORM?

In order to access the Platform, you must be at least 18 years of age or have reached the legal age in the state or territory where you reside. If you are a minor, you may only use the Platform as an Authorized User, authorized by either of your parents or legal guardian.

3. Platform Use

In order to have access to the Platform's functionalities, you will need to create an account. Registration is free.

eyesCloud3D works through a series of subscriptions, each with its own features, prices and functionalities. If you have a paid subscription, you will be charged periodically based on your plan and the date you joined.

The plans available are:

Free Plan::

The Free Plan is the perfect option for those looking to explore the platform with no strings attached. With free access, this plan offers a basic selection of features designed to meet the fundamental needs of users; although it has some limitations compared to the features offered in the paid subscriptions – such as advanced tools or exclusive content – the Free Plan provides a thorough experience for those who want to try the platform before committing to a paid subscription. It is ideal for casual users or those looking for an introduction to the software free of charge. You can upgrade your Free Plan to a paid plan at any time.

Pro Plan:

The Pro Rate: is the premium option for those who want to take their user experience to the next level. For a recurring fee, subscribers get access to a full range of advanced features, unique tools, and additional benefits. This rate is designed for more engaged and demanding users looking to get the most out of the platform. With features such as increased storage capacity, customization features, and priority support, the Pro Rate offers a complete, unrestricted experience to meet the needs of the most dedicated users. You can customize your Pro Rate by adding specific functionalities for Engineering, Public Safety and Agriculture. You can find more information here in section 11. Fees and Pricing.

Business Rate:

The Pro Plan is the premium option for those who want to take their user experience to the next level. For a recurring fee, subscribers get access to a full range of advanced features, unique tools, and additional benefits. This plan is designed for more engaged and demanding users looking to get the most out of the platform. With features such as increased storage capacity, customization features, and priority support, the Pro Plan offers a complete, unrestricted experience to meet the needs of the most dedicated users. You can customize your Pro Plan by adding specific functionalities for Engineering, Public Safety and Agriculture. You can find more information here in section 11. Fees and Pricing.

More information on content limitations and access to tools can be found here 11. Fees and Pricing.

eyesCloud3D also offers additional services that allow you to increase the platform's features:

Additional Features

- Additional downloads and imports.

- Additional Users.

- Additional storage.

You can find more information on the fees for these Additional Features here 11. Fees and Pricing.

4. Purchase or Procurement Processes

Duly registered users can purchase subscriptions and additional functionalities by the established means and ways. The User must check the information requested at each step, although during the purchase process, before making the payment, the purchase data can be modified.

The User will then receive an email confirming that eyesCloud3D has received their request for the purchase of the good and/or service – in other words, the order confirmation.

Once the purchase procedure has been completed, the User consents to eyesCloud3D generating an electronic invoice that will be sent to the User via email. And, where appropriate, through their personal account on the Platform. Likewise, the User may, if he or she so wishes, obtain a paper copy of the invoice, requesting it from eyesCloud3D via the contact spaces on the Website or through the contact details provided above.

The User acknowledges they are aware, at the time the purchase is made, that certain special terms and conditions may apply to the sale in question, and which will be duly displayed next to the presentation, and the User further acknowledges that by completing the purchase order process, they fully accept these special terms and conditions of sale applicable to the individual case.

Fees

You can check the current fees of your eyesCloud3D subscription along with the different subscription plans available and the duration of the Service here 11. Fees and Pricing. In the "Account" section you can see the details of the subscription method to which you are subscribed, the corresponding fee and the next date on which your subscription fee will be due.

Pricing and subscription offers may vary by country and time. Each subscription fee will offer different tools or features and may establish certain conditions or limitations; these will be communicated to you during your registration process or by means of any other material available on the Platform.

Discounts and Promotions

In the event that we offer discounts or promotional offers after you have purchased a subscription, you will not be entitled to a retroactive refund, price adjustment or to protect the price of your membership fee through other means.

New customers will only be able to benefit from "new customer" promotions once.

Eligibility to participate in any promotional offer will be established at the time the offer is launched. We reserve the right to cancel the Promotional Offer in the event that we determine that you are not eligible to benefit from it.

This fee is non-refundable, except in the cases expressly provided for in the Terms.

Changes to Fees

We may change the price of your Subscription for the following reasons:

1. To reflect the costs of improvements we make to the Platform, including the development of new or improved technical features or functionalities.

2. Due to significant changes in production costs, licensing or content acquisition required for the platform.

3. Due to the costs derived from force majeure events or acts of God, such as a fires, floods or storms, which affect the operation of the platform.

4. Due to costs arising from our need to comply with legal or regulatory requirements, such as laws that apply to us, or when we are bound by a court order or judgment.

5. Due to changes in market conditions, or increased business costs (for example, due to inflation), including utility and supplier costs, personnel costs (including salaries), administrative and customer service costs, and taxes or any other levies to which we are liable.

Automatic Renewal Terms

If before the date on which your subscription fee is due you do not notify us of your intention to cancel your subscription or your eyesCloud3D account at least 7 days in advance, we will automatically charge you the fee corresponding to your subscription plan that is still applicable at that time, using the default payment method you have selected in the My Account section.

If such payment method is canceled during the term of your subscription, or if the charge is declined for any other reason beyond our control, you authorize us to use any other payment method we have on file in your eyesCloud3D account. If the payment methods we have on file for your account are declined, you will have three days to provide us with another valid payment method. Otherwise, your subscription will be canceled.

Subscription Acceptance

We reserve the right to accept or reject subscription requests to eyesCloud3D, to the extent permitted by applicable law. Prohibition of Assignment or Transmission of the Subscription or any Advantages Associated with it. You may not transfer or assign your eyesCloud3D subscription to third parties, or any of its associated benefits, except as expressly provided for in these Terms.

5. Payments

Payment Method

You can purchase a paid consumer subscription directly through eyesCloud3D. We or our authorized suppliers will process the payment.

By entering a payment method and making a purchase, you agree to pay eyesCloud3D the fee corresponding to your plan. The first installment will be charged on the date on which we certify that your purchase has been successfully approved. Thereafter, we will periodically charge any applicable fees based on your billing cycle – whether annual or monthly – via the payment method you have provided us with. The billing cycle will initiate on the payment day. We will always try to verify any Payment Method provided by you. In order to do so, we may process a trial charge, which is standard practice. If the bank does not authorize the payment, eyesCloud3D will not be responsible for any delay or non-delivery and may not enter into any contract with the User.

If you have any questions about the payment, you can contact eyesCloud3d Customer Service.

Updating your Payment Method

You can update your payment method by accessing the "Account" tab on the Platform.

If your payment method expires and you do not update it, we may give you the opportunity to provide another payment method, or cancel your subscription.

When you change your payment method, we may also have to change the billing cycle applicable up to that point. You are responsible for updating and keeping the payment method operational.

Unpaid Amounts

You are responsible for all charges incurred in connection with your subscription. If the payment method registered by eyesCloud3D does not allow you to pay the fee, eyesCloud3D may suspend your access to the Platform or cancel your Subscription Fee.

We will try or allow the payment service to retry the payment through your payment method after any failed payment attempt (for example, if your payment method is rejected) before proceeding with the cancellation in the event of non-payment.

6. Cancellation Policy

You can unsubscribe by visiting and adjusting your subscription settings from your “Account” at any time. You can also contact our Customer Service. You must do so at least 7 days before the renewal date to avoid being charged the fee corresponding to the billing period. If you cancel your Subscription, the cancellation will be effective as follows:

·

At the end of the current billing period.

·

At the end of the minimum period applicable to your subscription, if said period expires before the billing cycle (or immediately, if said minimum period has expired); you will continue to have access to the Platform until the end of this period.

If you unsubscribe, we will retain your information and data in accordance with our Privacy Policy.

Suspension Policy

We may disable, suspend or terminate your Subscription, any purchase you have made or your access to the Platform (including any Content) and/or your eyesCloud3D account:

1. With reasonable notice, for any reason, at the end of the current billing cycle.

2. Immediately where there is a valid reason to do so, including those cases in which any fraudulent activity takes place related to any purchase made or information provided by you, which no longer meets the Eligibility Criteria or which, in any other way, violates the provisions of these Terms.

If this happens, you must stop using the Platform. If we disable your subscription or access to all or part of the Platform, you will refrain from creating another eyesCloud3D account and shall not attempt to access the Platform without our permission, and we further reserve the right to refuse and block any attempts to access the Platform by you.

7. About the Terms

Modification of the Terms

We reserve the right to make changes to the Terms, at any time, for any legal or contractual reasons; for security reasons; in order to improve existing features or to incorporate new features into the Service; in order to reflect any technological improvements; to make reasonable technical adjustments; and in order to guarantee the continued operation of the Service.

If we make any changes, we will notify you in a timely manner and remind you of your rights in this regard. You may choose not to accept such modifications, retaining your right to cancel your subscription at any time.

Notwithstanding any amendment to the Terms, no increase in the subscription fee will apply to you until the end of the current subscription period.

If any change is declared invalid or inapplicable for any reason, said change will be understood to be excluded without affecting the validity or applicability of the other changes or conditions.

Our Liability

We will be liable for any damage you suffer as a result of any gross negligence or willful misconduct on our part, including by our administrators and legal representatives. Likewise, we will be liable for any breach of a material obligation undertaken by us in these Terms which may be considered essential for the provision of the Service and on which, as a User, you would have reasonably based your decision to use and purchase the Service. In this case, we will only be liable for those damages that would have been foreseeable for both parties at the time you subscribed to our Platform. Nothing in this section affects any rights you may be granted under applicable law as a consumer, nor does it limit or exclude our liability in the event of death, personal injury, damage to health, breach of warranty or intentional concealment of any defect in the product. Circumstances Beyond our Reasonable Control. We will not be liable for any delay or breach of our obligations under the Terms if such delay or breach is attributable to unforeseeable circumstances beyond our reasonable control.

8. Governing Law and Jurisdiction

These Contractual Terms, as well as the use of the Platform, shall be governed by Spanish law. The Courts and Tribunals of the registered office of the Website Manager will have exclusive jurisdiction over any disputes which may arise between the parties.

If any provision of these Terms were to become unenforceable or void by virtue of applicable law or as a result of a judicial ruling or administrative decision, said unenforceability or nullity will not render these Terms unenforceable or void as a whole. In such cases, the company will modify or replace the voided provision with another that is valid and enforceable and that, to the extent possible, achieves the objective reflected in the original provision.

9. Complaints and Claims

The User can send eyesCloud3D their complaints, claims or any other comments they wish to make through the contact details provided in section 10 of these Terms.

In addition, eyesCloud3D has official complaint forms available for consumers and users, which they can request from eyesCloud3D at any time.

In addition, if a dispute arises between eyesCloud3D and the User pertaining to this purchase agreement, the User as a consumer may request an out-of-court settlement of the matter, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters. You can access this method via the website: http://ec.europa.eu/consumers/odr/.

10. Contact

If you have questions or comments about these Terms, you can contact us at Torre Siglo XXI. Paseo Fluvial Nº 15, Planta 11. 06011 Badajoz, Spain or via the email address customercare@eyescloud3d.com.

11. Fees and Pricing

At eyesCloud3D we adapt to you and have devised several plans based on your requirements: Free, Pro and Business.

What does each fee include?

FREE

PRO

BUSINESS

Users

115

Tools

Basic

Basic + Advanced

Basic + Advanced

Upload limit

200 photos + 2 min of video

200 photos + 4 of video

200 photos + 4 of video

Downloads

No included

10100

Imports

No included

525

Gallery size

502002000

Free Plan

The Free Plan is the perfect option for those looking to explore the platform with no strings attached. With free access, this plan offers a basic selection of features designed to meet the fundamental needs of users; although it has some limitations compared to the features offered in the paid subscriptions such as advanced tools or exclusive content the Free Plan provides a thorough experience for those who want to try the platform before committing to a paid subscription. It is ideal for casual users or those looking for an introduction to the software free of charge.

The Free Plan has no subscription cost, but each import and download is priced at €2.95.

Can I upgrade my Free Plan to a paid one later? Of course you can. Whenever you wish, you can upgrade your subscription from the Free Plan to any of our other paid plans. Your billing cycle will start on the day your payment is made.

Pro Plan

The Pro Plan is the premium option for those who want to take their user experience to the next level. For a recurring fee, subscribers get access to a full range of advanced features, unique tools, and additional benefits. This plan is designed for more engaged and demanding users looking to get the most out of the platform. With features such as increased storage capacity, customization features, and priority support, the Pro Plan offers a complete, unrestricted experience to meet the needs of the most dedicated users.

The General Pro Plan is priced at €7.95 per month or €79.95 per year. You save 17% with the annual subscription!

In addition, we have created a series of specific features to provide you with the tools you need for your particular industry sector, by offering the following plans:

- Engineering Pro: Designed specifically for those active in the world of engineering. In an increasingly competitive business environment, the need for advanced 3D generation tools has become fundamental to optimize processes and ensure accurate and efficient design. This pricing option not only provides access to a powerful suite of modeling tools, but also offers customized solutions that address the unique challenges faced by companies in the sector. The Pro Engineering Plan is available for €49 per month, or you can save 17% by signing up for the yearly subscription, priced at €490.

- Security Pro: Designed for with law enforcement and the Public Safety industry in mind. With the increasing challenges faced in the public safety field, it is essential to have advanced tools such as bullet trajectory or blood splatter analysis. The Pro Security Plan is available for €69 per month, or you can save 17% by signing up for the yearly subscription, priced at €690.

- Agriculture Pro: Custom-designed for the farming industry, it seeks to revolutionize how our users grow and manage their business. In a world where sustainability, efficiency, and accuracy are essential to agricultural success, this subscription option offers a comprehensive set of tools designed to increase productivity and improve decision-making at every step. The Agriculture Pro Plan is available for €39 per month, or you can save 17% by signing up for the yearly subscription, priced at €390.

- Pro Plus: This option is the ultimate answer for those looking for a complete solution, unrestricted and adaptable to multiple silos. It combines the specialized features of our Engineering Pro, Security Pro and Agriculture Pro plans, with full access to advanced 3D modeling tools, it's an invitation to explore the endless possibilities of eyesCloud3D. The Pro Plus Plan is available for €79 per month, or you can save 17% by signing up for the yearly subscription, priced at €790.

Tools Included

Engineering

Public Safety

Agriculture

Plus

2D Print Matching

NO

YES

NO

YES

Faces

NO

YES

NO

YES

Deformation energy

NO

YES

NO

YES

3D Projection

YES

YES

NO

YES

Blood Spatter

NO

YES

NO

YES

Bullet Trajectory

NO

YES

NO

YES

Interior Blueprints

YES

YES

NO

YES

Interior/Exterior

YES

YES

YES

YES

Offline Viewer

YES

YES

YES

YES

3D Matching

YES

YES

NO

YES

Thickness

YES

YES

YES

YES

Sensory

YES

YES

NO

YES

Segmentation

YES

YES

NO

YES

Hyperspectral

YES

YES

NO

YES

Image Collection - Safety

NO

YES

NO

YES

IFC

YES

NO

NO

YES

Vegetation Calculation

YES

NO

YES

YES

Image Collection - Engineering

YES

NO

NO

YES

Image Collection - Agriculture

NO

NO

YES

YES

What happens when you reach the monthly download or import limit?

Don't worry, you'll still be able to download and import as you did before, but you'll be charged an extra +2.95€ for each additional download or import.

Business Plan

The Business Plan is the ideal option for companies and teams looking for specialized tools and resources to boost their productivity. Designed specifically for business environments, this paid subscription plan offers advanced features geared towards collaboration, enterprise security, and user management. It is the perfect choice for those looking to make the most of the platform in a business environment, as it's possible to increase the number of users of an account, thus encouraging teamwork.

Our General Business plan is available for €69 per month or €690 per year.

Additionally, you can customize your subscription by adding the Engineering, Public Safety, or Agriculture-specific features offered in the Pro Plan:

The Engineering Business Plan is available for €118 per month, or you can save 17% by signing up for the yearly subscription, priced at €1180.

The Public Safety Business Rate is available for €138 per month, or you can save 17% by signing up for the yearly subscription, priced at €1380.

The Agriculture Business Rate is available for €98 per month, or you can save 17% by signing up for the yearly subscription, priced at €980.

And if you need more? We offer the Business Plus Rate, where you will find both basic and advanced tools and all the specifics of Engineering, Public Safety and Agriculture. The Business Plus Rate is available at a price of €148 per month or €1,480 per year. You save 17% with the annual subscription.

What happens when you reach the monthly download or import limit?

Don’t worry! You’ll still be able to download and import as you did before, but you’ll be charged an extra €2.95 for each additional download or import.

Can I change my subscription?

Yes, you can modify your subscription whenever you want, as long as your plan allows it. We value fairness, so you will only pay for the time you have used each plan; we’ll do a pro rata calculation of how many days you have used each plan and charge you accordingly.

You can make the following changes to your plan:

CURRENT RATE

NEW RATE

FREE

PRO

E-PRO

S-PRO

A-PRO

PRO+

BUS

E-BUS

S-BUS

A-BUS

BUS+

FREE

-

NO

NO

NO

NO

NO

NO

NO

NO

NO

NO

PRO

YES

-

NO

NO

NO

NO

NO

NO

NO

NO

NO

ENGINEERING PRO

YES

YES

-

YES

YES

NO

NO

NO

NO

NO

NO

SAFETY PRO

YES

YES

YES

-

YES

NO

NO

NO

NO

NO

NO

AGRICULTURE PRO

YES

YES

YES

YES

-

NO

NO

NO

NO

NO

NO

PRO +

YES

YES

YES

YES

YES

-

NO

NO

NO

NO

NO

BUSINESS

YES

YES

YES

YES

YES

YES

-

NO

NO

NO

NO

ENGINEERING BUSINESS

YES

YES

YES

YES

YES

YES

YES

-

YES

YES

NO

SAFETY BUSINESS

YES

YES

YES

YES

YES

YES

YES

YES

-

YES

NO

AGRICULTURE BUSINESS

YES

YES

YES

YES

YES

YES

YES

YES

YES

-

NO

BUSINESS +

YES

YES

YES

YES

YES

YES

YES

YES

YES

YES

-

ADDITIONAL FEATURES

Additional Downloads and Imports

Each plan has a monthly limit on downloads and imports. If you exceed that limit, you can purchase extra downloads and imports for €2.95. If you purchase these features and do not use them, they will be added to your balance for the next month. Any extra downloads or imports will be deducted first, followed by those included in your monthly plan.

Additional Users

If you need it, you can modify the number of users with access to your account starting at €7.95 per month and per user. These new settings will be saved and we will renew these conditions by default in the following billing cycles. In case you want to cancel your extra user, you can do so and continue to enjoy the extra account until your next billing date.

Additional Storage

If you need more storage than the one included in your plan, you can purchase extra storage for:

+ 50 MODELS

€19.00

+ 100 MODELS

€29.00

+ 200 MODELS

€39.00

+ 500 MODELS

€49.00

+ 1000 MODELS

€139.00

+ 2000 MODELS

€249.00

+ 5000 MODELS

€549.00

We value fairness so, you will only be charged for the portion of your billing cycle left until your next billing cycle.

The purchase of extra storage will be saved as your new settings, so unless you cancel, we will renew this service by default in your next billing period.

Whenever there's a change in storage, we will give you the option to manually select the models you want to delete to avoid unwanted losses; however, if you prefer, we can execute an automatic deletion of models based on your interactions with them.

If you cancel your additional storage upgrade, you will have one month to manually reduce your storage data, or we can take care of it based on your interactions with the models.

Depending on where you live, taxes may be levied on the price of your membership.