This Agreement governs your use of the mobile application (“App”) that has been develop by Primesmith Ltd. to enable users to design and purchase jewellery products, (“Designs” and “Products”) using the functionality and content available within the application, as well as server-based functionality for 3D model rendering and manufacturing capability (the “Service”).
Each Design consists of a frame and an image (“Image”) selected by the user and adapted by Jevelo for purposes of visualising and manufacture of the Design with its specific attributes (“Adapted Image”).
You understand that by using the App and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the App and the Service solely as provided in this Agreement.
To use the Service, you must download and install the App. Registration is required to access certain features. To be eligible to create an account, you must be at least 13 years of age.
You are responsible for maintaining the confidentiality of your Login Credentials, and are solely responsible for all activities that occur using your Login Credentials. You agree not to allow a third party to use your Login Credentials at any time.
We reserve the right to terminate any account, which we reasonably determine may have been used by an unauthorised third party.
It is free to download the App, register for an Account as well as use it for its intended purpose. We may offer additional content and/or features from time to time as in-app purchases against a fee.
Primesmith enables you to make purchases via the App using third party payment processors, such as Stripe, PayPal or credit cards (each, a “Payment Method”). Your Payment Method will be billed for the full amount of your purchase at the time of the transaction.
By providing a Payment Method, you represent and warrant that you are at least 18 years old, or you are at least 13 years old and have obtained your parent”s or legal guardian”s express consent to use such Payment Method.
You expressly authorise Primesmith to charge the stated amount of any purchase to the Payment Method you provided during registration or to a different Payment Method if you so designate at the time you make your purchase.
We reserve the right to fix any processing errors we discover. We will correct any processing errors by charging or crediting your credit card, PayPal account or other Payment Method you provided for the erroneous refund or reimbursement and you expressly authorise us to do so.
Charges to a third party payment processor such as PayPal are subject to any additional terms and conditions imposed by such third party payment processor.
Primesmith grants you a personal, revocable, limited, non-transferable license to use the App on any iPhone, iPad or iPod Touch as permitted by the Usage Rules set forth in the App Store Terms and Conditions (the “Usage Rules”).
This license does not allow you to copy, disassemble, attempt to derive the source code of, modify, create derivative works of, rent, lease, lend, sell, redistribute or sublicense the App or any Design (either in whole or in part).
All updates and upgrades to the App will be governed by the version of these Terms published by Primesmith as of the date you install such update or upgrade. Any rights not expressly granted herein are reserved.
Except for content uploaded by users, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the App and Site are protected by copyright and/or other intellectual properties owned, controlled or licensed by Primesmith.
By creating a Design with the App, you agree that all Designs and Images embedded in Adapted Images are subject to the following rules, with which you will comply and to which you consent:
In addition, for so long as you elect to make your Design public, you grant to Primesmith a royalty-free right and license to display your Design, the underlying Image, and a photograph of a physical Product embodying the Design to other Primesmith users and, while you may remove your Design anytime and terminate this license with respect to the display of your Design and Image to other users, you agree that the foregoing license is perpetual and irrevocable with respect to Designs, Images, Adapted Images and Products that are already stored on our system or that have already been manufactured and/or sold featuring your Design.
You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department”s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person”s List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
We adhere to the following notice and take down policy, in full compliance with Section 512(c)(3) of the US Digital Millennium Copyright Act (17 U.S.C. Â§ 512 et seq.). If you believe any User Content available via the App or the Service infringes upon your intellectual property rights, please submit a notification using the report functionality within the App, including information sufficient to permit us as the service provider to contact you, such as a telephone number or an email address. Prime smith will contact you in return.
Upon contact, please be prepared to submit the following information:
You agree to defend, indemnify and hold Primesmith and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys” fees, arising from or relating to your use of the App, Site or Service, your violation of this Agreement, or your violation of any law or rights of another.
These Terms are effective until terminated by you or Primesmith. Your rights under these Terms will terminate automatically without notice from Primesmith if you fail to comply with any term(s) of this license. Upon termination of these Terms you shall cease all use of the App, and destroy all copies, full or partial, of the App.
You expressly acknowledge and agree that your use of the app and the service is at your sole risk and that, to the maximum extent permitted by applicable law, the app, the service, and any Primesmith content or user content are provided “as is” and “as available”, with all faults and without warranty of any kind.
Primesmith hereby disclaims all warranties and conditions with respect to the app, the service, and any Primesmith content or user content, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Prime smith does not warrant that the app, the service, and any Primesmith content or user content will meet your requirements, that the operation of the app will be uninterrupted or error-free, or that defects in the app will be corrected, or that the service will be available.
To the extent not prohibited by law, in no event shall prime smith be liable for personal injury, or any incidental, special, punitive, exemplary, direct, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the app, the service, and any prime smith content or user content, or any item purchased by you via the service however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Primesmith has been advised of the possibility of such damages.
In no event shall Primesmith”s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount ofONE HUNDREDEuros (EUR 100.00). The foregoing limitations will apply even if the above stated remedy fails on its essential purpose.
Primesmith and you acknowledge that this Agreement is concluded between Primesmith and you only.
You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g. the Apple App Store. To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies. You agree to pay all fees charged by the Application Store in connection with App (if any).
You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the Application Store”s terms and policies) when using the App. You acknowledge that the Application Store (and its subsidiaries) are third party beneficiaries of this Agreement and will have the right to enforce this Agreement.
Primesmith is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement (if any), or as required under applicable law.
While the App is designed to enable you to upload Your Content, you agree and understand that this functionality is provided as a convenience only and that the App is not as an archive.
With respect to the App and/or Products, Primesmith is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify the Application Store, and the Application Store will refund the purchase price for App to you; and to the maximum extent permitted by applicable law, neither the Application Store nor Primesmith will have any other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Primesmith”s sole responsibility.
Primesmith and you acknowledge that Primesmith is responsible for addressing any claims of you or any third party relating to App and/or Products or your possession and/or use of App or Products, including, but not limited to: (a) product liability claims; (b) any claim that App or Products fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
Primesmith and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party”s intellectual property rights, Primesmith will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
By using the Service, you agree and acknowledge that it is hosted in Amazon”s EC2, with the server located in the United States of America.
Primesmith recognises that you have a right to privacy and we will not give or sell anyone specific information about you or any orders you have placed through the Primesmith Service.
Primesmith collects information (including email addresses) that allows us, among other things, to process and fill your order; contact you regarding the processing of your order; share your Design with those whom you request; improve our Service; and send informative and promotional emails that may be of interest to you.
Primesmith”s contact information for any end user questions, complaints or claims with respect to App and/or Products is: