Terms of Service

Terms of Service

Overview

These Terms and Conditions of Use ("Terms") are entered into between users, individuals or legal entities, Participant, and Kubhub Desenvolvimento de Tecnologias Ltda, company headquartered at Rua Johann Sachse, No. 2473, in Blumenau, State of Santa Catarina (“Kubhub”), and regulates the terms and conditions applicable to the Services offered under the Kubhub Platform, as described below.

Throughout the site, the terms “we”, “us” and “ours” refer to Kubhub. Kubhub provides this site, including all information, tools and services available on this site to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our site, buying and/or selling something on our site, you are using our "Services". Accordingly, you agree to the following terms and conditions (“Terms of Service”, “Terms”), including the additional terms and conditions and policies mentioned in this document and / or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and / or content contributors.

Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to the Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store must also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or change any part of these Terms of Service by posting updates and / or changes to our site. It is your responsibility to check changes made to this page periodically. Your continued use or access to the site following the posting of any changes constitutes acceptance of such changes.

Section 1 - Marketplace Terms

By agreeing to the Terms of Service, you confirm that you are of legal age in your state or province of residence and that you have given us your consent to allow any of your underage dependents to use this site.

You must not use our products for any illegal or unauthorized purpose. You also may not, by using this Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You must not transmit any viruses or any code of a destructive nature.

Violating any of the Terms will result in immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and may: (a) be transmitted over multiple networks; and (b) undergo changes to adapt to suit the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer between networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service, or any contact on the site through which the service is provided without our express written permission.

The titles used in this agreement are included for convenience only and do not limit or affect the Terms.

Section 3 - Accuracy, Integrity And Update Of Information

We are not responsible for information made available on this site that is not accurate, complete or current. The material on this site is provided for informational purposes only and should not be used as the sole basis for making decisions without consulting the most accurate, most complete or most current sources of primary information. Any use of the material on this site is at your own risk.

This site may contain certain historical information. Historical information may not be current and is provided for your reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Service Modifications And Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any portion or content thereof) without notice at any time.

We are not responsible for you or any third party for any modification, price change, suspension or discontinuation of the Service.

Section 5 - Platform Services

The Kubhub Platform is a suite of technology solutions that enable the creation of digital products and online crowdfunding campaigns. The delivery of the purchased digital products is through the download of one or more compressed files in ZIP format, which contain one or more 3D-printing models in the Standard Triangle Language (STL) format.

The Platform allows the creationg of crowdfunding campaigns and file bundles products by previously registered Sellers using a specifc process.

The currency used in the platform is Brazilian Reais (R$ - BRL). The Platform provides a way of estimating the price in other currencies using a 3rd-party API. All the transactions will charge amounts in BRL currency.

The Platform collects a commission fee for every purchase and the net amount is added to the seller's escrow. The commission percentage is stated in the Pricing & Fees policy page.

Sellers can create either a crowdfunding campaign or a file bundle digital product.

The crowdfunding campaign is a system where the seller asks for an amount of money to release the 3D model files to the backers once they pledge to pay for the campaign. The crowdfunding campaign has 28 days to reach its goal before failing. The platform will calculate the total amount required to be paid by the backers considering the commission and then it will be split into quotas of R$50.00 (fifty Brazilian Reais). Users can pledge a campaign by entering their payment information in the checkout. The payment processor will authorize the transaction and will hold the funds until the end of the campaign process. Once the calculated number of backers is reached, the funds are transferred to the Platform's PayPal account and a credit added to the seller's escrow. If the campaign doesn't reach the number of backers within 28 days, the funds from the backers are released and the transactions are voided. The seller can ask the Platform for a withdrawal of the requested campaign amount 48 hours after the campaign succeeds. The Platform retains the seller's funds for this period of time to allow the backers to check the files for possible issues.

A file bundle is a package of STL files that can be sold at any price in the Platform without the need of a crowdfunding campaign. After a purchase, the Platform will collect from the unit price inputed by the seller and the net amount is added to the seller's escrow. The seller can ask the Platform for a withdrawal of the requested campaign amount 48 hours after the purchase. The Platform retains the seller's funds for this period of time to allow the backers to check the files for possible issues.

The platform doesn't allow purchased products to be refunded. Check the Refund Policy and Pricing & Fees pages for more information.

Each purchased digital bundle generated generates a set of Asset Licenses with a unique serial numbers for every file of the bunle.

Users can only download their purchased files through the platform. Every file has a unique link per user. The user should be authenticated to be able to download his files.

Sellers are responsible for the quality of their products, files, information or other materials purchased or obtained by users.

As a condition of access to the Services, the User must have the necessary means to access the Kubhub Platform, including internet connected computer, internet connection provider, equipment, accessories and software, being solely responsible for obtaining, maintaining and costing the equipment, Internet connection and the accessories and software mentioned above, as well as making sure that your settings meet the requirements necessary to enjoy the Services.

The Platform's pricing and fees can be found in the Pricing and Fees policy page.

Section 6 - Accuracy Of Billing And Account Information

We reserve the right to refuse any order you make to us. We may, at our own discretion, limit or cancel the number of products per person, per household or per order. Such restrictions may include orders placed on the same customer account, credit card, and / or orders using the same invoice and / or shipping address. If we make changes or cancel an order, we may notify you by email and / or the billing address / telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be made by merchants, resellers or distributors.

You agree to provide your complete account and purchase information for all purchases made through our store. You agree to promptly update your account and other information, including your email, credit card numbers and expiration dates, so that we may complete your transactions and contact you as needed.

Section 7 - Optional Tools

We may give you access to third party tools that we do not monitor or control.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible in any way for your use of optional third party tools.

Any use of optional tools offered through the site is entirely at your own risk and you become familiar with and approve the terms of the tools that are provided by third party vendor(s).

We may also offer new services and / or features through the site in the future (including the launch of new tools and features). Such new features and / or services must also be subject to these Terms of Service.

Certain products, content and services available through our Service may include materials from third parties.

Third party links on this site may redirect you to third party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy. We do not warrant and have no obligation or liability for any third party materials or websites, or any other third party materials, products or services.

We are not responsible for any damages or losses related to the purchase or use of goods, services, features, content, or any other transactions made in connection with any third party websites. Please carefully review third party policies and practices and make sure that you understand them before making any transactions. Complaints, complaints, concerns or questions regarding third party products should be directed to the third party.

Section 9 - Comments, Feedback, Etc. User

If, at our request, you submit certain specific items (for example, entering a contest), or without a request from us, you submit creative ideas, suggestions, proposals, plans, or other materials, either online, by email, by post, or otherwise (collectively referred to as \'comments\'), you agree that we may at any time, without restriction, edit, copy, post, distribute, translate and otherwise use any comments you submit for us. We are not responsible for: (1) keeping any comments confidential; (2) indemnify for any comments; or (3) answer any comments.

We may, but are not obligated to, monitor, edit or remove content that we determine in our sole discretion to be against the law, offensive, threatening, libelous, defamatory, pornographic, obscene or objectionable or that violates the intellectual property of others or these Service Terms.

You agree that your comments will not violate any third party rights, including copyrights, trademarks, privacy, personality or other personal or proprietary rights. You agree that your comments will not contain defamatory, illegal, abusive or obscene material. They also will not contain any computer viruses or other malware that may affect the operation of the Service or any related website. You may not use a fake email address, pretend to be someone other than yourself, or otherwise mislead us or others as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.

Section 10 - Personal Information

Submission of your personal information through the store is governed by our Privacy Policy.

Section 11 - Errors, Inaccuracies And Omissions

From time to time, there may be information on our site or on the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, Shipping term and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or to cancel orders if any information on the Service or any related website is inaccurate at any time without notice (even after you have submitted the your request).

We undertake no obligation to update, alter or clarify information on the Service or any related website, including, without limitation, pricing information except as required by law. No specific update or update date on the Service or any related site shall be used to indicate that all information on the Service or any related site has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or content for: (a) unlawful purposes; (b) solicit other persons to perform or participate in any unlawful acts; (c) violate any international, provincial, state or federal regulations, local rules, laws or regulations; (d) infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, damage, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) submit false or misleading information; (g) send or transmit viruses or any other malicious code that will or may be used to affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) collect or track personal information from others; (i) to send spam, phishing, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related websites, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Each user will receive a unique and personal download link after the campaign succeeds. The link should never be shared with any other user. In case the link is shared, the Kubhub reserves the right to deactivate the user account indefinetely.

Section 13 - Disclaimer Of Warranties; Limitation Of Liability

We do not warrant, represent or warrant that your use of our service will be timely, safe, without error or interruption.

We do not guarantee that results that may be obtained by using the service will be accurate or reliable.

You agree that from time to time, we may remove the service for indefinite periods of time or cancel at any time without notice to you.

You agree that your use or inability to use the Service is at your own risk. The service and all products and services delivered through the service are, except as stated by us) provided without warranty and subject to availability for their use, without any representation, warranties or conditions of any kind, express or implied, including all warranties. implied terms or conditions of merchantability, quantity, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstances will Kubhub, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages, losses, claims or damages. of any kind, including, but not limited to, lost profits, lost revenue, lost savings, lost data, replacement costs, or any similar damages, whether based on contract, wrongful act (including negligence), objective liability or otherwise arising out of your use of any of the services or any products purchased using the service, or to any other claim in any way related to your use of the service or any products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind as a result of your use of the service or any content (or product) published, transmitted or otherwise available through the service, even if warned of such a possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend and hold Kubhub and our subsidiaries, affiliates, partners, employees, directors, agents, contractors, licensors, contractors, subcontractors, suppliers, interns and employees, from any claim or claim, including attorney's fees, by any third party due to violation of these Terms of Service or the documents they incorporate by reference, or violation of any law or the rights of a third party.

Section 15 - Independence

If any provision of these Terms of Service is held to be unlawful, void or ineffective, such provision shall, however, apply to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed separate from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall continue after the termination of this agreement for all purposes.

These Terms of Service are effective unless terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you stop using our site.

If in our sole discretion you fail to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will be liable for all amounts due until the date of termination; We may also deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement

Failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any operating policies or standards posted by us on this site or with respect to the service constitute the entire agreement between us. These terms govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to any previous versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party who drafted them.

Section 18 - Applicable Legislation

These Terms of Service and any separate agreements under which we provide you the Services shall be governed by and construed in accordance with the laws of the Brazilian Civil Code and Consumer Protection.

Section 19 - Terms Of Service Changes

You may review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our discretion, to update, modify or replace any part of these Terms of Service when posting updates and changes to our site. It is your responsibility to check our site periodically. Your continued use or access to our site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

All sellers that post campaigns in Kubhub platform are responsible for their work. Artists should make sure they own all the copyright required to post the work in Kubhub platform. Artists are solely responsible for any copyright infringement.

Any user can, at at time, can report any campaign from Kubhub platform using the Report link found in every product. The Kubhub team can remove the digital product from the store at any time. All the pending funds from the artist will be blocked until the complaint is resolved. The Kubhub platform can create PayPal disputed in case the artist infringe copyright laws to refund the money to the users.

By using the Kubhub platform, the artists agree to not upload any image or file that is not owned by the artist neither those that infringe national or international copyright laws.

For safety purposes, the Kubhub platform permanently deletes all the crowdfunding campaign files within 24 hours after it fails. The files are guaranteed to be in a safe storage server and no one, except the platform staff users, have access to it.

The Kubhub platform staff team can download and extract the uploaded files for testing and service quality assurance purposes. The files are never shared with any user that hasn't purchased the product.

Section 21 - Contact Information

Questions about the Terms of Service should be sent by email to support@kubhub.net.

Last update: 1st August 2020