These Terms constitute a binding and enforceable contract between the Company and you (“User” or “You”). You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms. The Terms may be amended by us from time to time in accordance with these provisions. You may always view the most recent version of the Terms on the Website. By using the Website or the Services, you agree that you have read, understood, and are bound by these Terms as updated from time to time, and that you comply with the requirements listed here.
1. Introduction to Preimage
The Company owns and operates a software under the brand and style of “Preimage” (“Software”), which is a cutting-edge SaaS based 3D reconstruction platform to generate accurate 3D models of sites that are surveyed using drones. The Company provides Services using the Software, to Users who have executed a definitive agreement with the Company. To avail our Services, the Users in all cases will have to enter into separate definitive agreements with us that govern the provision of the Services. Such definitive agreements must be read with these Terms.
Users who avail the Services of the Company by entering into a definitive agreement with the Company may be provided with multiple logins for use of the Services. Upon logging in, the User will be required to modify the Company allocated password for security purposes and to maintain the confidentiality of such username and password. We shall have no liability with regard to any User misplacing their login credentials.
The Website includes general information in relation to the Software and Services and is available to all Users of the Website. There is currently no registration required for visiting or using the Website. Right now, the User’s information is encrypted and stored on our CRM software, but we do anticipate encrypting and safely storing this information on our cloud in the future and when we do so, we will collect some limited PII from the Users such as their name, phone numbers and email address. The Website is used for provision of information of the Software and Services only and under no circumstances can any terms on the Website be construed to be a commercial offer to establish a relationship between the Company and You. In the event of a conflict between these Terms and a definitive agreement, the definitive agreement shall prevail, unless expressly stated to the contrary within such definitive agreement. The information provided on the Website shall at no given time, be deemed to be a representation or warranty regarding the Software or the Services. The representations, if any, shall be provided by the Company under the definitive agreement executed with the User availing the Service.
On the website, you may request to receive more information about our Software and the Services, by submitting the following information:
(c) Phone Number
(f) Requirements or queries in the relation to Services.
Please note that we can only contact You, if the proper and correct information is provided and We shall not be responsible for any incorrect information provided by You.
3D model datasets on the website and webapp (https://app.preimage.ai) have been processed using Preimage software from OpenTopography, GL3D research, senseFLY Education Datasets, ODM, Wingtra, and Courtesy of Pix4D / pix4d.com.
2. User Representations and Warranties
You represent, warrant and covenant that:
(a) All information provided by You is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services.
(b) You shall be solely responsible for ensuring compliance with applicable laws in use of the Website or the Services.
(c) You shall not use the Services in any manner except as expressly permitted in these Terms or in the definitive agreements.
(d) you shall not:
(i) use the Website to transmit any data or send or upload any material that contains viruses, trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
(ii) use data mining tools, robots, spiders, other automated devices, or manual processes to monitor or copy the Website or any portion thereof;
(iii) attempt to bypass any security measures that are built into the Website;
(iv) copy or republish the Website without the Company’s prior written consent;
(v) remove, modify, or obscure any copyright, trademark or other proprietary notices contained on the Website;
(vi) deep link to any portion of the Website for any purpose without our express written permission;
(vii) frame, mirror, or otherwise incorporate any part of the Website into any other services without our prior written authorization;
(viii) engage in the systematic retrieval of content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory;
(ix) use the Website in any unlawful manner or in breach of applicable laws;
(x) engage in any activity that interferes with or disrupts access to the Website;
(xi) attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any of our servers, or through the Website, by hacking, password mining, or any other means.
3. Intellectual Property Rights
All rights, title, and interest in and to the Website including all modifications, improvements, upgrades, derivative works, and any intellectual property rights therein shall remain the exclusive property of the Company. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website
We may request you to submit suggestions and other feedback, including bug reports, relating to the Website from time to time (“Feedback”). You hereby authorize and permit us to, and we may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights. Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any third party’s intellectual property rights.
These Terms shall remain in effect throughout the term of your use of the Website.
5. Disclaimers and Warranties
THE WEBSITE AND ALL INFORMATION ON THE WEBSITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS AND THE COMPANY MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE HEREUNDER. COMPANY SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, NONINFRINGEMENT, AND OF UNINTERRUPTED OR ERROR-FREE ACCESS, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
We do not warrant the accuracy, suitability, or correctness of any information that is made available on the Website. No advice or information, whether oral or written, obtained by You from us shall create any warranty that is not expressly stated in the Terms. You hereby accept full responsibility for any consequences that may arise from Your use of the Website, and expressly agree and acknowledge that we shall have absolutely no liability in this regard.
6. Indemnity and Limitation of Liability
To the fullest extent permissible by law, we, our affiliates, and related parties each disclaim all liability towards you for any loss or damage arising out of or due to: (i) your use of, inability to use, or availability or unavailability of the Website; or (ii) any information provided on the Website; or (iii) the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Website.
Notwithstanding anything to the contrary contained herein, neither we nor any of our affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly, or indirectly, or relating, in any manner whatsoever, to these Terms or the Website.
You shall indemnify and hold us, our parent company, subsidiaries, affiliates, and their officers, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees) arising out of or due to your access to or use of the Website, or any infringement of these Terms.
7. Changes to Terms
We reserve the right to, from time to time, in our sole discretion, amend and modify these Terms. To the extent permitted under applicable law, by using our Website over such notice, you consent to changes to these Terms. We encourage you to periodically review these Terms.
8. Governing Law and Dispute Resolution
These Terms shall be governed by and construed and enforced in accordance with the laws of Delaware. The Parties agree to arbitrate any and all disputes arising under or related to these Terms, including disputes related to the interpretation of these Terms, under the AAA. Arbitration proceedings shall be presided over by a sole arbitrator appointed by the Court of Chancery. The seat and venue of arbitration shall be in Sussex County, Delaware and the language of arbitration shall be English. Subject to the arbitration provisions, the courts of Sussex County, Delaware shall have jurisdiction over any disputes arising out of these Terms.
9. Grievance Redressal
You may contact our designated Grievance Redressal Officer with any complaints or queries relating to the Website or these Terms at the contact details below.
Name: Siddharth Jha
Email Address: email@example.com
We shall use commercially reasonable efforts to resolve your complaints or queries in an efficient and quick manner.
You may terminate this agreement by ceasing to use the Website.
Even after termination Indemnity and Limitation of Liability, Intellectual Property, Disclaimers and Warranties and any other clause that naturally survives the termination of these Terms shall survive.
If any provision of these Terms is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions.