SET ASCENT LLC (“SetAscent”, “we”, or “us”) provides you with access to the SetAscent platform and services, allowing a user (“User”, “you”) to use SetAscent services and software, create and save virtual routes and walls, access SetAscent’s 3D models, and view other Users routes, walls, and content. All elements of the SetAscent platform, along with our proprietary 3D technology and software, are referred to herein as the “Services,” and may be modified at our sole discretion.
By registering with us, or by using the Services, you agree to be bound by these Terms of Service (the “Agreement,”) which we may update at any time. Your continued use of the Services (or any User Content created with the SetAscent platform) constitutes your consent to such changes. PLEASE READ THIS AGREEMENT CAREFULLY AND CHECK THESE TERMS OF SERVICE PERIODICALLY FOR CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THE SERVICES.
1. General Conditions
1.1 Description of Services. SetAscent offers free services (“Free Services”) with limited functionality, as well as tiers of paid services (“Paid Services”) plans with enhanced functionality.
1.2 Account. A SetAscent account is required in order to take full advantage of the Services. You agree to provide only accurate and true information in connection with the creation of your account, and to update your information as necessary so it remains accurate and current. You may not transfer your account to any third party. You are responsible for keeping your account login information confidential and for any and all activities that occur under your account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or other breach of security on the Services. Please note that SetAscent retains the right at any time to deactivate, reallocate or rename your username at its sole discretion. In the event of the deactivation, reallocation or renaming of your username all your User Content and Services shall continue to remain associated with your account, subject to the terms of this Agreement.
1.3 Access. We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, in accordance with this Agreement, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.
2. Ownership of SetAscent Content
2.1 Generally. By using the Services, you will access “SetAscent Content,” which includes all of the 3D models, 3D content, images, text, information, data, audio, video, graphics and other material included on or otherwise made available through the Services, excluding User Content. “User Content” includes all the images, audio, and related content, as well as User comments, uploaded by Users. Except as otherwise set forth in this Agreement, we do not claim ownership over any User Content.
2.2 Ownership. All SetAscent Content is owned by Set Ascent LLC. or its licensors, and is protected by U.S. and international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and Set Ascent LLC. and its licensors, Set Ascent LLC. or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all SetAscent Content that we or our licensors create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. The associated logos and the other trademarks, service marks, logos and trade names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of Set Ascent LLC. or third parties in the United States and/or other countries. Your use of the Services does not grant you any ownership over any SetAscent Content, and except for the limited license we grant you under this Agreement, your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of Set Ascent LLC. or any third party. We reserve all rights not expressly granted to you in this Agreement.
2.3. Service and Content License. We grant you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided to you by us, only as set forth in this Agreement. Except as expressly permitted in this Agreement, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services or SetAscent Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or SetAscent Content without express prior written permission from us or the applicable rights holder is strictly prohibited.
2.4 Software. All software and software-as-a-service (SAAS) used in connection with the Services (“Software”) is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited. You agree that we may update the Software without notice, at any time and in our sole discretion, and that this Agreement will apply to any updated versions.
3. User Content
3.1 Generally. You are solely responsible for ensuring that any User Content you submit to the Services complies with any applicable laws and third party rights, including but not limited to any intellectual property, privacy, and publicity, rights and laws, and that all required notices have been provided to, and required consents and releases have been obtained from, individuals who are the subject of, or owners of, any User Content. SetAscent always has the right, in its sole discretion, to review User Content in advance for quality and technical purposes, and to accept or reject any given User Content in its sole discretion. You agree that your use of any User Content downloaded from the Services will always be subject to the most-current version of the License Agreement or Creative Commons license, as applicable (additional details of which are provided below); accordingly, you agree that your continued use of any such User Content constitutes your acceptance of the terms of any new version of the License Agreement or Creative Commons license, applicable to such User Content, as we may update from time to time.
3.2 User Content License.
3.2.1 Use by Us. (a) License to Provide and Improve the Services. By using the Services, you grant a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sub-licensable (through multiple tiers) right and license to SetAscent to use, reproduce, publicly display, adapt, modify, reformat, and distribute User Content as necessary to provide, improve and promote the Services; provided that to the extent User Content includes personal data, we shall not use such personal data for any purpose other than providing the Services and as further set forth in our Privacy Policy. You further grant SetAscent the right to use your name and trademarks, if any, in connection with our use of your publicly shared User Content for the purposes set forth in this Section.
3.3 User Feedback. We appreciate your feedback and suggestions about our Services, but you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you.
3.4 Right to Monitor, Moderate or Remove. You agree that you bear all risks associated with your User Content and the licensing thereof. You are solely responsible for safeguarding your User Content, and SetAscent has no duty to store copies of User Content for future availability to you or any user except as otherwise provided under this Agreement. SetAscent does not knowingly permit the infringement of intellectual property rights on the Services, and will remove User Content from the Services if properly notified that such User Content infringes on another’s intellectual property rights. We reserve the right to remove User Content from the Services and terminate any licenses thereto, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a User pursuant to other sections of this Agreement, we reserve the right to terminate the account of any User of the Services who has been notified of infringing activity and/or has had User Content removed from the Service before. We also reserve the right to decide whether User Content is appropriate and complies with this Agreement for violations other than violations of intellectual property law. This shall extend to the right of SetAscent to edit, modify, moderate, re-format, change or otherwise remove all or part of the names, descriptions, tags, comments and/or annotations that you and/or third parties add and/or make in relation to your User Content, in any manner that We may determine, whenever We deem it appropriate.
4. User Restrictions and Obligations
It is important to us that the Services be used safely, and in accordance with the law, for the enjoyment of all Users. You agree that you will not use the Services to:
Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, SetAscent Content, and User Content except as permitted by this Agreement; Promote any illegal activity, or advocate, promote or assist any unlawful act; Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy; Transmit any material or content that is pornographic, dehumanizing, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal; Transmit any material or content that is inappropriate for families or otherwise suitable only for audiences over the age of 13. Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity; Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group; Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods; Use the Services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or SetAscent’s computer or networking systems, (c) will divert of the Services’ system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or SetAscent’s computer or networking systems; Intrude into a third party’s computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party’s computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans); Otherwise use the Services for purposes other than those for which they were designed; Except where explicitly allowed by this Agreement, collect, aggregate, mine, scrape, or otherwise use any SetAscent Content or User Content for the purposes of publishing, selling, distributing or otherwise making the content available to others to use, download or copy; or Collect, aggregate, mine, scrape or otherwise use Content (i) in datasets utilized by Generative AI Programs; (ii) in the development of Generative AI Programs; or (iii) as inputs to Generative AI Programs without written, explicit consent by SetAscent.
The User is not permitted to modify the design or alter the appearance of the SetAscent platform (e.g., in embeds or screen captures) other than by using the available embed customization options, and according to the User’s plan. Removing, hiding, or altering the SetAscent logo or watermark is prohibited to all users.
Generally, we do not limit or impose additional fees for traffic consumption on Self-Serve accounts. However, this policy is subject to fair use: If your aggregate traffic usage (across all your models) is higher than 99% of Self-Serve users on our platform in any calendar month, we may, at our discretion, charge fees for excessive usage, require you to upgrade to a more suitable plan, or terminate your account(s) upon advance written notice. If this occurs on your account, someone on our team will reach out to you about next steps.
You agree to inform SetAscent promptly about any legal complaint, claim or action related to the User Content you have uploaded using the Services.
5. International Data Processing
SetAscent is a company with operations around the world. To help provide you with the Services, we and our service providers may process your data on servers and equipment located in the United States or any other countries where we or they operate. By using the Services, you agree to the transfer of your data to locations that may be outside your country of residence, including the United States.
6. Modifying and terminating the Services
6.1 At any time. SetAscent reserves the right to modify or stop offering all or part of the Services at any time, at its own discretion, in which case we will provide you with one (1) month’s notice.
6.2 For cause. We may terminate your user account or right to access all or portions of the Services at any time, without notice, for conduct that we believe violates this Agreement and/or is harmful to other users, to SetAscent, to other service or information providers, or to any third parties.
6.3 Survival. After any termination of this Agreement and/or after you otherwise stop using the Services, the following will survive and remain enforceable and in full force and effect: (i) all outstanding obligations between you and us; (ii) all remedies for breach of this Agreement; and (iii) all terms and conditions of this Agreement to the extent necessary for the enforcement of the parties rights and obligations.
7. Other Websites and Services The Services may contain links and features that enable you to access other third-party websites or services (“Third-Party Services”) that are not owned or controlled by us. Such Third-Party Services are governed by their own terms of use. We do not control Third-Party Services, and we are not responsible for the contents of any linked site. A link does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services by SetAscent. Please exercise caution before proceeding to any Third-Party Services or entering into any transaction with third parties linked to from the Services. SetAscent may in no circumstances be held liable for the technical availability of Third-Party Services, the content, advertising, products and/or services available on Third-Party Services, or any transactions that take place between a User and Third-Party Services whom the User has been directed via the Services. SetAscent may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services.