Terms of Use

Last updated: 17 Oct, 2024

Please read these Terms of Use (“Terms”) carefully before using the Operva.ai website or any Operva.ai products, software, applications, data, imagery, models, functionality, and/or services provided to you on, from, or through the Operva.ai website (collectively, the “Service”). By using, accessing, or creating an account for the Service, you accept these Terms and any policies and guidelines of Operva.ai incorporated herein by reference. If you do not accept these Terms or such policies or guidelines, you may not use the Service.

1. General.

The Service is owned and operated by OPERVA AI PTE LTD. (“Operva.ai,” “we,” “our” and “us”). Operva.ai reserves the right to revise any of these Terms in our sole discretion at any time and without prior notice to you by updating this posting, such changes to be effective prospectively. Thus, you should visit this page periodically for changes. If you disagree with any changes to these Terms, your sole remedy is to discontinue your use of the Service. Your continued use of the Service after a change has been posted constitutes your acceptance of the change thereafter.

2. Prohibited Activities.

In using the Service, you must not:
Send, post, upload or otherwise transmit to or through the Service any imagery, text, or other content that is unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, discriminatory, violent, fraudulent, vulgar, pornographic, or otherwise objectionable;
Misrepresent your identity or affiliation in any way;
Collect information about others without consent;
Advertise or solicit the sale of any product or service (unless you have a separate agreement to do so with Operva.ai) or distribute spam;
Interfere with the operation of or damage the Service;
Violate any applicable laws or regulations;
Engage in any activity that compromises the security of the Service or attempts to gain unauthorized access to any part of the Service; or
Assist or permit any persons in engaging in any of the activities described above.

3. User-Submitted Information.

You must exercise caution, good sense, and sound judgment in using the Service. You are solely responsible for any material you transmit to or through the Service (or to us through email). You agree, represent, and warrant that any information you transmit to or through the Service (or to us through email) is truthful, accurate, not misleading, and offered in good faith, and that you have the right to transmit such information. Operva.ai has the right, but not the obligation, to monitor all conduct on, and content submitted to, the Service.
Certain information collected from you on the Service is subject to Operva.ai’s privacy policy. You understand that, except as otherwise provided within the Privacy Policy and Sections 15 and 17 regarding Confidentiality, material that you submit through the Service shall be deemed non-confidential and non-proprietary. Except as expressly provided in Operva.ai’s Privacy Policy, you give Operva.ai an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, and distribute any such material you submit, without any payment or accounting to you or others. In addition, you waive any so-called “moral rights” in such material.

4. Unsolicited Ideas.

Operva.ai does not accept or consider unsolicited ideas, concepts, or know-how, including ideas for new products or technologies (collectively “Submissions”). Submissions you transmit to or through the Service will be considered non-confidential and non-proprietary. Except as expressly provided in Operva.ai’s Privacy Policy, you give Operva.ai an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, and distribute any such Submissions, without any payment or accounting to you or others.

5. Ownership and Use of the Service.

The materials made available on or through the Service are protected by copyright and other intellectual property rights. Operva.ai and its licensors own all right, title, and interest (including all associated intellectual property rights, in each case whether registered or unregistered) in and to the Service. Operva.ai and its licensors reserve all rights in and to the Service not expressly granted to you in these Terms.
Notwithstanding the foregoing, subject to these Terms, we hereby authorize (and encourage) you to:
Use the functionality of the Operva.ai website and view any content available through the website;
Link to any page of the Operva.ai website through your websites, blogs, or social networking outlets;
Utilize the “screenshot” functionality of the Operva.ai Viewer to create copies of the images as displayed on the screen (without removing any Operva.ai logo or watermark) and share them on your websites or blogs;
Link to any 3D model available on the Operva.ai website and embed the Operva.ai Viewer into your website;
Download authorized 3D models for display via the Operva.ai app for mobile devices.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service. Any unauthorized use or modification of materials available on the Service is a violation of the rights of Operva.ai and its licensors.

6. Trademarks.

All trademarks, service marks, logos, and trade names on the Service, whether registered or unregistered, including but not limited to “OPERVA.AI,” are proprietary to Operva.ai or to other companies. You may not reproduce, download or otherwise use any such trademarks, service marks, logos, or trade names without prior written consent.

7. Links to Other Websites.

For your convenience, the Service may contain links to third-party websites. Operva.ai is not responsible for the availability or content of these other websites and does not endorse or approve of the organizations or their products or services. These Terms do not apply to any third-party website.

8. Jurisdictional Issues.

The Service is controlled and operated by Operva.ai from its offices within Singapore. Those who access the Service from other locations are responsible for compliance with local laws. Access from jurisdictions where the content of the Service is illegal is prohibited. Any claims arising from your use of the Service must be brought within one (1) year from the date the cause of action arises, or such claims will be forever barred.

9. Termination.

Operva.ai may terminate your use of the Service at any time. Upon termination, you must destroy any material obtained from the Service and all copies thereof. The provisions of these Terms concerning site security, prohibited activities, ownership, trademarks, user submissions, disclaimer, limitation of liability, indemnity, privacy, and jurisdictional issues shall survive termination.

10. Disclaimer.

THE MATERIALS AND FUNCTIONALITIES AVAILABLE ON THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OPERVA.AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, OPERVA.AI SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF DATA, LOSS OF BUSINESS, OR BUSINESS INTERRUPTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF OPERVA.AI TO YOU SHALL NOT EXCEED THE LESSER OF THE TOTAL AMOUNTS PAID BY YOU TO OPERVA.AI OVER THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S), OR $500.

12. Indemnification.

You will indemnify, defend, and hold harmless Operva.ai, its affiliates, and their respective officers, employees, and agents from any claims, losses, or damages arising from your activities on the Service or your violation of these Terms.

13. Site Security.

You are prohibited from violating or attempting to violate the security of the Service. Such violations may result in civil or criminal liability. Operva.ai will investigate and cooperate with law enforcement in prosecuting any suspected violations.

14. Privacy.

Personal information provided through the Service is governed by Operva.ai’s privacy policy. By using the Service, you consent to the collection and use of information as set forth in the privacy policy.

15. Policy Regarding Third-Party Copyrights.

Operva.ai respects the intellectual property rights of others. If you believe your copyright has been infringed, please contact Operva.ai with the necessary information. Operva.ai will promptly remove any infringing content.

16. Confidentiality.

Confidential Information shared between parties shall remain confidential unless required by law. Upon termination, each party must destroy or return any Confidential Information. The confidentiality obligations shall survive for 3 years after the termination of this Agreement.

17. Export and Destruction of Personal Data (PII).

During the subscription term, users may export or delete personal data at any time. Operva.ai will retain personal data in accordance with applicable law or as outlined in the privacy policy.

18. Questions.

If you have any questions regarding these Terms, please email us at hello@operva.ai.