Cargo Terms and Conditions

KitBash3D LLC

Cargo Terms and Conditions

Last Modified: May 3, 2022

Throughout these “Terms and Conditions” for the use of Cargo, we use the terms “we”, “us”, “our”, or the “Company” to refer to KitBash3D LLC. We refer to any person accessing or using Cargo as “You,” or the “User.” 

The following outlines the Terms and Conditions, together with any other legal agreements by and between you and the Company linked within the Terms and Conditions (collectively the “Agreement”), govern your access to and use of the website, services, features, content, and any applications offered by the Company through the software as a service known as “Cargo,” whether as a guest or a registered user. Before using Cargo, you are required to read, understand, and agree to these terms. 

 

ACCESSING CARGO, GENERALLY

ACCEPTANCE OF THE TERMS AND CONDITIONS:

Please read these Terms and Conditions carefully before you start to use Cargo. By using Cargo, or by clicking to accept or agree to our Subscriber Agreement when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, found at https://kitbash3d.com/pages/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use Cargo.

Cargo is offered and available to users who are 18 years of age or older. By using Cargo, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all this requirement, you must not access or use Cargo.

ACCESSING CARGO AND ACCOUNT SECURITY:

We reserve the right to withdraw or amend Cargo, and any service or material we provide on Cargo, in our sole discretion without notice. From time to time, we may restrict access to some parts of Cargo, or Cargo in its entirety, to users, including subscribers. We will not be liable if, for any reason, all or any part of Cargo is unavailable at any time or for any period. 

SYSTEM REQUIREMENTS:

Cargo is a desktop-based application. However, users will need an Internet connection in order to use Cargo. The minimum recommended internet connection speed is 20mb/s. Additionally, the following system requirements apply: 

  • PC running Windows Operating System 10 or later;

  • Minimum 2 GB free disk space; and

  • Monitor Resolution: 1920x1080. 

SUBSCRIPTIONS

SUBSCRIPTION AGREEMENTS

All Cargo subscriptions, whether paid or unpaid, are governed by the “Subscription Agreement” that you enter into with the Company. All Subscription Agreements incorporate these Terms and Conditions by reference. Upon execution of a Subscription Agreement, you agree to abide by both these Terms and Conditions and the terms of the Subscription Agreement. In the event of conflicting terms between these Terms and Conditions and a Subscription Agreement, the Subscription Agreement shall control.

SUBSCRIPTION TIERS

The Company offers the Platform through two (2) different subscription tiers: (1) Cargo Basic, and (2) Cargo Pro. 

Cargo Basic is offered for free to users, and users of Cargo Basic shall have limited access to the Platform so that all products purchased through the Company’s e-commerce website can be added to the subscriber’s Cargo Basic account for use within the Platform. 

Cargo Pro is offered on a paid basis to users, and users of Cargo Pro have full access to the Platform. Cargo Pro users will be granted points on a monthly basis, which can be used to download individual Assets for use through the Platform. In the event that a Cargo Pro user does not utilize their monthly points in the month granted, up to a total of 100 points may be rolled over from month to month.

These subscription tiers offer the following services and assets:

Cargo Basic

Cargo Pro

Price per Month

$0

$89

Access to Cargo Desktop App

Free Kit Transfer to Cargo

1-Click DCC Integrations

Early Access to New Kits

x

Monthly New Features

x

Material Library

x

Customer Success Advisor

x

Points per Month

0

1,000 pts

For more specific information regarding the subscription tiers, services, and assets, subscribers should consult their Subscription Agreement.

BILLING INFORMATION

Subscribers who have purchased a monthly plan will be billed on the date they sign up for a paid plan and on the same day each month thereafter. For example, a subscriber who purchases a plan on the 5th of the month will be billed on the 5th of each month thereafter. In the event that a subscriber purchases a monthly plan on a day that is not recurrent each month (i.e., the 31st), the subscriber will be charged on the date nearest in the calendar month (i.e., the 30th).

Subscribers who have purchased an annual plan will be billed on the date they sign up for a paid plan and on the same day each year thereafter. In the event that a subscriber purchases a yearly plan on a day that is not recurrent each year (i.e., February 29), the subscriber will be charged on the date nearest in the calendar month (i.e, February 28).

If the payment method on file for a subscription is declined, the Company reserves the right to terminate access to Cargo without notice to the subscriber. It is your responsibility solely to ensure that the payment method on file with the Company is up to date at all times, to avoid the possible termination of access to the subscription features of Cargo.

REFUNDS

Cargo Pro subscribers (or users of other paid Cargo plans) can cancel their plan and downgrade to Cargo Basic or cease using Cargo at any time, based on the terms of their Subscription Agreement. If they choose to do so, the following refund policies apply:

Monthly Plans:

  • A refund will be issued if the plan is canceled within three (3) days of signup/billing date and the Subscriber has used 100 points or fewer. In this case, the plan will be downgraded immediately and the Subscriber will lose access to all Cargo Pro features and points. 

  • A refund will not be issued if the plan is canceled more than three (3) days after signup/billing date or if the Subscriber has used more than 100 points during that period. In this case, the plan will be downgraded to Cargo Basic at the next renewal date and the Subscriber will continue to have access to Cargo Pro features and all remaining points for the remainder of the billing cycle.

Annual Plans:

  • A refund will be issued if the plan is canceled within seven (7) days of signup/renewal date and the Subscriber used 100 points or fewer. In this case, the plan will be downgraded immediately and the Subscriber will lose access to all Cargo Pro features and points. 

  • A prorated refund will be issued if a Subscriber chooses to change from an annual plan to a monthly plan within seven (7) days of signup/renewal date.

  • A refund will not be issued if the plan is canceled more than seven (7) days after signup/renewal date or if the Subscriber has used more than 100 points during that period. In this case, the plan will be downgraded at the next renewal date and the Subscriber will continue to have access to Cargo Pro features and all remaining points for the remainder of the billing cycle.

PROHIBITED USES

You may use Cargo only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use Cargo:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Cargo, or which, as determined by us, may harm the Company or users of Cargo or expose them to liability.

Additionally, you agree not to:

  • Use Cargo in any manner that could disable, overburden, damage, or impair Cargo or interfere with any other party's use of Cargo, including their ability to engage in real time activities through Cargo.

  • Use any robot, spider or other automatic device, process or means to access Cargo for any purpose, including monitoring or copying any of the material on Cargo.

  • Use any manual process to monitor or copy any of the material on Cargo or for any other unauthorized purpose without our prior written consent.

  • Use any device, software or routine that interferes with the proper working of Cargo.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Cargo, the server on which Cargo is stored, or any server, computer or database connected to Cargo.

  • Attack Cargo via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of Cargo.

CUSTOMER SUPPORT

Users can contact support by:

  • Using the live chat on our website or in our help center (help.kitbash3d.com); or

  • Emailing info@kitbash3d.com

RELIANCE ON INFORMATION POSTED

We may, from time to time, post help articles or troubleshooting tips on Cargo. The information presented on or through Cargo is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Cargo, or by anyone who may be informed of any of its contents.

OTHER IMPORTANT INFORMATION

INTELLECTUAL PROPERTY RIGHTS

Cargo and its contents, features, and functionality created or provided by the Company, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. 

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company, except in a manner constituting “fair use” or as allowable under a Subscription Agreement. All other names, logos, product and service names, designs and slogans on Cargo are the trademarks of the Company.

YOUR PERSONAL INFORMATION

All information we collect on Cargo is subject to our Privacy Policy https://kitbash3d.com/pages/privacy-policy. By using Cargo, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Emails sent to any @kitbash3d.com email address are considered our property. You can read more about this in our Privacy Policy at https://kitbash3d.com/pages/privacy-policy. If you wish to remain anonymous, please specify this in the body of the email itself and we will do our best to respect your wishes.

GOVERNING LAW

All matters relating to Cargo and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oregon, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or Cargo shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon, in each case located in the City of Portland, and County of Multnomah, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country or county of residence, or any other relevant country or county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

If you have any issue or dispute with the Company, you agree to first contact us at info@kitbash3d.com and attempt to resolve the dispute with us informally. If we are not been able to resolve the dispute with you informally, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.

Unless both parties agree otherwise, the arbitration will be conducted in Multnomah County, Oregon. Each party will be responsible for paying their respective AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to Cargo.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE OR CARGO MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect. 

ENTIRE AGREEMENT

These Terms and Conditions and our Privacy Policy, as well as any Subscription Agreement executed between you and the Company, constitute the sole and entire agreement between you and us with respect to Cargo and the services provided, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Cargo. 

CHANGES TO THE TERMS OF USE

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of Cargo thereafter. However, any changes to the dispute resolution provisions set forth in GOVERNING LAW will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on Cargo. 

Your continued use of Cargo following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you. A printed version of these Terms and Conditions and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.