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User Agreement

The terms and conditions below are of application to all those who sign up as beta testers of our Software Applications. If you are going to participate in our beta testing program, please read the terms and conditions below carefully. If the meaning or intention of a clause in the contract is unclear, please get in touch with us for clarification. By participating in our program you are accepting the terms and conditions set out below.

THIS AGREEMENT is made by and between Clothy3D (“we”, "our", “Clothy3D” or the “Company”), and You (“you”, "your", “Licensee” or the “User”).

GENERAL TERMS AND CONDITIONS​

Clothy3D has developed a software application, including a suite of tools, a web site, and related modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (“Software”).

Clothy3D desires that the Software be tested prior to general release.

Licensee wishes to serve as a Beta tester for such Software;

NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto agree as follows:

  • Clothy3D reserves the right to modify or terminate the Software or your access to the Software or the participation in our beta tester program for any reason, without notice, at any time, with or without liability to you.

  • Clothy3D grants the Licensee a non-exclusive, non-transferable license to use the Software solely for Beta testing and Beta use.

  • In consideration for receiving a copy of the Software for testing, Licensee agrees to serve as a “Beta Tester” for the Software and will notify Clothy3D of all problems and ideas for enhancements which come to Licensee’s attention during the period of this Agreement, and hereby assigns to Clothy3D all right, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.

  • Licensee agrees that Software is the sole property of Clothy3D and includes valuable trade secrets of Clothy3D.

  • Licensee agrees to treat Software as confidential and will not without the express written authorization of Clothy3D:

    • Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Software or any portion thereof;
    • Use the software and its output to train any form of AI or Machine learning.

  • Software is pre-release code and is not at the level of performance or compatibility of a final, generally available product offering. Software may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. Software is provided “AS IS” without warranty of any kind. The entire risk arising out of the use or performance of Software remains with Licensee. In no event shall Clothy3D be liable for any damage whatsoever arising out of the use of or inability to use Software, even if Clothy3D has been advised of the possibility of such damages.

  • This Agreement constitutes the entire and only agreement between the parties for Software and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.

  • Licensee shall comply with all applicable local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.

  • Failure of Clothy3D to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.

  • If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforce-ability of this Agreement

  • Clothy3D reserves the right to update these terms and conditions without prior notice,The updated terms may be posted on our website, your use of the Software after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Software from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

v.1.0 January 2025, edited and adapted by: Clothy3D.