Terms and Conditions

Last updated: 16th September 2019

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with holofil.com website and HOLOFIL Android applications (the “Service”) operated by Artosci (“us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using our website and Artosci products including the HOLOFIL device (the "Device") and HOLOFIL Android applications (the “Service”). Your access to and use of the Device and the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Device and the Service. By accessing or using the Device and the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Device and the Service.

Warranty

The hardware carries a limited warranty of 1 year. We have not seen any problem in functionality of the device so far, so there is no need to worry. However, in case of any issue, the electronic components such as tablets will be replaced if any issue arrives by a new one. The physical damage to the device is not considered in the warranty. If the physical components can be replaced we will try that first. The shipping fees for the item under warranty will be paid by the buyer for both sending and receiving the faulty item. Any kind of physical damage due to negligent handling is not covered under warranty including the breaking of the projection glass. The device if repairable during physical damage will be repaired by supplying the spare parts. The spare part and repair prices if needed needs to be consulted with Artosci.

 

We ship world wide and the package carries insurance. If you see any damage to the device once your receive it, please report it immediately with the photos of the package to claim the insurance compensation. We will take care of it but you need to send us the photos of damage and keep the packaging for proof until the insurance claim is not accepted. The shipping delays are out of our control and we try our best to resolve any issues that might arrive with the shipping companies to deliver the package. However, some times customs in specific countries might result into delays due to their clearance process. So plan your logistics well in advance to have the product delivered in time as Artosci can not be held responsible for such delays. 

The software apps for interactivity might behave differently on different types of 3D models and the effort has been taken to test it on a wide range of 3D models. The company will take into account feedback if there are problems loading certain types of models to improve the app further. No refunds will be given if the app fails to load on some very specific models. Ask us for a test before purchasing the interactive app by sending us your sample models to test. 

The face tracking version has been tested under different conditions however, depending on the installation lighting conditions where the face is not clearly visible or too dark areas it is advised to have light on the face so that the face can be tracked. the face tracking might behave differently under different lighting conditions and even though the feedback is most welcome to help us improve, any malfunctioning might not result into refund. We strive to improve the features constantly. 

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. 

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products  and services on the Device and the Service. The products or services available on our Device and Service may be mis-priced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

Subscriptions

Some parts of the Service will be billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Artosci cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Artosci customer support at contact@holofil.com.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Artosci with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Artosci  to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Artosci  will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Artosci  may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Artosci  until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Artosci  reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Artosci in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Artosci  will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Artosci on a case-by-case basis and granted in sole discretion of Artosci

 

Content

 

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Artosci and its licensors. The Service is protected by copyright, trademark, and other laws of both the Netherlands and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Artosci We have a design right on the product design and any imitations will attract penalty and legal proceedings. 

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Artosci. Artosci  has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Artosci shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Artosci, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Artosci and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of Netherlands, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at contact@holofil.com.

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Phone +31684076940

Science park 608, Amsterdam 1098 XH, Netherlands

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