Shapespark Terms of Service
The following terms and conditions govern all use of the
Shapespark services (the Services).
The Services are offered subject to your acceptance without
modification of all of the terms and conditions contained
herein (the Agreement). If you create the account to use the
Shapespark desktop application, you must also agree
to the Shapespark End User License
Agreement. You agree that we may automatically upgrade the
Services, and these terms will apply to any upgrades. Your
agreement is with Shapespark Sp. z o.o. with its main seat at
Plac Wolnica 7, 31-060 Kraków, Poland, entered into the
register of entrepreneurs of the National Court Register by
the District Court for Kraków-Śródmieście in Kraków, XI
Economic Division under the KRS numer 0000637986 Poland
(Shapespark or we).
Please read this Agreement carefully before accessing or using
the Services. By accessing or using any part of the Services,
you agree to become bound by the terms and conditions of this
Agreement. If you do not agree to all the terms and conditions
of this Agreement, then you may not access or use any of the
- General terms
You must be 13 years or older to use the Services.
Use of the Services requires a cloud.shapespark.com
account. You agree to provide us with complete and accurate
information when you register for an account. You will be solely
responsible and liable for any activity that occurs under your
username. You are responsible for keeping your password secure.
You must be a human. Accounts registered by "bots" or other
automated methods are not permitted.
One person or legal entity may not use more than one account
to circumvent one-month usage limit of the Trial version of
The Services allow you to upload and host 3D visualizations
created with the Shapespark application (Content). You agree
not to use the Services for hosting of any other files. The
following activity and Content isn’t allowed:
- Illegal content and conduct.
- Intellectual property infringement.
- Technologically harmful content.
- Hotlinking - other sites should not use individual
files that are part of visualizations hosted by
us. Linking of using iframes to display complete
visualizations is permited.
- Spam or machine generated content
You may not use the Services in any manner that could damage,
disable, overburden, or impair the Services or in any manner
that could interfere with any other party's use of the
You may not use the Services for any illegal or
unauthorized purpose. You must not, in the use of the
Service, violate any laws in your jurisdiction.
- Copyright and content ownership
We claim no intellectual property rights over the Content you
provide to the Service, it remains yours. However, you agree to
allow others to view your uploaded Content.
You are entirely responsible for the Content uploaded to your
account, and any harm resulting from, that Content or your
conduct. By using the Services, you represent and warrant that
your Content and conduct do not violate these terms.
By uploading the Content you grant Shapespark a world-wide,
royalty-free, and non-exclusive license to reproduce, modify,
adapt and publish the Content solely for the purpose of
displaying, distributing, and promoting your
If you delete the Content, Shapespark will use reasonable
efforts to make it not accessible through Shapespark
website, but you acknowledge that cached Content or
references to the Content may not be made immediately
Without limiting any of those representations or warranties,
Shapespark has the right (though not the obligation) to, in
Shapespark’s sole discretion, refuse or remove any Content
that, in Shapespark’s reasonable opinion, violates any
Shapespark policy or is in any way harmful or objectionable.
You shall defend Shapespark against any claim, demand, suit or
proceeding made or brought against Shapespark by a third-party
alleging that your Content, or your use of the Services in
violation of this Agreement, infringes or misappropriates the
intellectual property rights of a third-party or violates
applicable law, and shall indemnify Shapespark for any damages
finally awarded against, and for reasonable attorney’s fees
incurred by, Shapespark in connection with any such claim,
demand, suit or proceeding; provided, that Shapespark (a)
promptly gives you written notice of the claim, demand, suit or
proceeding; (b) gives you sole control of the defense and
settlement of the claim, demand, suit or proceeding (provided
that you may not settle any claim, demand, suit or proceeding
unless the settlement unconditionally releases Shapespark of all
liability); and (c) provides to you all reasonable assistance,
at your expense.
- Hosting plans
We offer paid and free hosting plans. The plans differ in
features such as number of 3D visualizations that you can
host. If you downgrade from a plan that supports more
visualizations to a plan that supports fewer visualizations,
you are responsible for removing visualizations from your
account, so the total number or remaining visualization is
within the new plan limit. Until you do so, we reserve the
right not to serve all of your visualizations, in such a way
that a total number of visualization that are served are
within your new plan limit. If you fail to remove the
visualizations for at least 30 days, we reserve the right to
automatically remove some of your visualizations.
If you use the Free hosting plan, we reserve the right to
display text or links in your visualization, attributing
Shapespark application. Such attributions can not be removed.
The users of the time-limited trail version of the Shapespark
desktop application are automatically subscribed to the Free
hosting plan for the duration of the trial. The trail
application and accompanying hosting plan are provided for
evaluation purposes only. If you do not upgrade from the trail
to the paid version of the application, we reserve the right
to remove visualization uploaded during your trail period.
If your bandwidth usage significantly exceeds the average
bandwidth usage of other users of the same hosting plan, we
reserve the right to throttle traffic to your visualizations
until your bandwidth usage is reduced or until you switch to
a plan that allows for higher bandwidth usage.
- Hosting plans payment and renewal
Payments for the paid hosting plans are charged by Paddle
trusted payment processor.
By subscribing to one of the paid hosting plans, you agree to
pay Shapespark through Paddle the monthly subscription fees
indicated for that plan. Payments will be charged on a pre-pay
basis on the day you sign up for a plan and will cover the use
of that service for a monthly subscription period as
For any upgrade or downgrade in plan level while on a monthly
billing cycle, you will be charged the new rate on your next
There will be no refunds or credits for partial months of service,
upgrade/downgrade refunds, or refunds for months unused with
an open account.
Unless you notify Shapespark before the end of the applicable
subscription period that you want to cancel the subscription,
your subscription will automatically renew and you authorize
Paddle to collect the then-applicable monthly subscription fee
(as well as any taxes) using any credit card or other payment
mechanism Paddle has on record for you. Subscriptions can be
canceled at any time at the cloud.shapespark.com.
If you purchase Shapespark license, you will receive one year
of the Standard hosting plan for free. After the one year, the
Standard plan will not be automatically renewed, and you will
not be automatically charged for the use of the Standard
plan. If you will not explicitly request to continue the use
of the Standard plan, your plan will be switched to the Free
- Responsibility of visitors
Shapespark has not reviewed, and cannot review, all of the
material posted to the Services, and cannot therefore be
responsible for that material’s content, use or effects. The
Services may contain content that is offensive, indecent, or
otherwise objectionable, as well as content containing
technical inaccuracies and other errors. The Services may
also contain material that violates the privacy or publicity
rights, or infringes the intellectual property and other
proprietary rights, of third parties, or the downloading,
copying or use of which is subject to additional terms and
conditions, stated or unstated. Shapespark disclaims any
responsibility for any harm resulting from the use by
visitors of the Services, or from any downloading by those
visitors of content there posted.
Shapespark reserves the right to temporarily or permanently
deny access to visitors that access the Services in any manner
that could damage, disable, overburden, or impair the
- Intellectual property
This Agreement does not transfer from Shapespark to you any
Shapespark or third party intellectual property, and all right,
title, and interest in and to such property will remain (as
between the parties) solely with Shapespark.
We are constantly updating the Services, and that means
sometimes we have to change the legal terms under which the
Services are offered. If we make changes that are material, we
will let you know by sending you an email or other communication
before the changes take effect or by posting a notice on our
site. The notice will designate a reasonable period of time
after which the new terms will take effect. If you disagree with
our changes, then you should stop using the Services within the
designated notice period. Your continued use of the Services
will be subject to the new terms. However, any dispute that
arose before the changes shall be governed by the Terms
(including the binding individual arbitration clause) that were
in place when the dispute arose.
- Cancellation and termination
You are solely responsible for properly canceling your
account. You can cancel your account at any time by clicking
on the 'Settings' tab in the global navigation bar
If you violate this Agreement or Shapespark End User Licensee
Agreement, Shapespark may terminate your access to all or any
part of the Services at any time, effective immediately.
Once your account is removed, Content uploaded to the account
can not be recovered.
All provisions of this Agreement which by their nature should
survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
- Limitation of liability
In no event will Shapespark, or its suppliers or licensors, be
liable with respect to any subject matter of this Agreement
under any contract, negligence, strict liability or other
legal or equitable theory for: (i) any special, incidental or
consequential damages; (ii) the cost of procurement for
substitute products or services; (iii) for interruption of use
or loss or corruption of data; or (iv) for any amounts that
exceed the greater of: (a) any fees paid by you to Shapespark
under this agreement during the twelve (12) month period prior
to the cause of action (b) one hundred dollars (100
USD). Shapespark shall have no liability for any failure or
delay due to matters beyond their reasonable control. The
foregoing shall not apply to the extent prohibited by
- Warranty Your use of the Services is at
your sole risk. The Services are provided without any
warranty and on an „as is” and "as available" basis. To the
maximum extent permitted by law Shapespark hereby disclaims
any warranty, express or implied, including, without
limitation, the warranty of merchantability, fitness for a
particular purpose and non-infringement. Shapespark does not
warrant that the Services will be error free, secure or that
access thereto will be continuous or uninterrupted.
Attorney fees If any legal action is
necessary to enforce this Agreement, the prevailing party
shall be entitled to reasonable attorney fees, costs and
expenses in addition to any other relief to which it may be
Severability The invalidity or
unenforceability of any provision or provisions of this
Agreement shall not affect the validity or enforceability of
any other provision hereof, which shall remain in full force
Applicable Law This Agreement will be
governed by the laws of Poland.
Dispute resolution Any disputes arising
under or in connection with the provisions of this Agreement
will be finally settled exclusively by the Court of
Arbitration at the Polish Chamber of Commerce in Warsaw
under the Rules of the Court of Arbitration in force on the
date of commencement of the proceeding by an arbitrator or
arbitrators appointed in accordance with the said rules.