GENERAL TERMS OF USE
FASHIONENGINES Digital Content (“APP.BINARYCLOTH”), is a digital content library at https://binarycloth.com operated by Binarycloth Ltd. (“Binarycloth”, “APP.BINARYCLOTH”, “we”, “us”, or “our”), where you can purchase and download digital assets. Binarycloth is a corporation incorporated in Bangladesh with its principal place of business at House 19 Road 8 Sherkhertek Mohammadpur Dhaka. These Terms and Conditions of Use (these “Terms”) are a binding legal agreement between you and Binarycloth.
These Terms of Use(“Terms”) govern your use of and access to FASHIONENGINES 3D Library’s service, contents or products, website, customer service, or any other type of properties. We assume that you have read, understand, and agree to our Terms and that you agree to comply with all applicable laws and regulations. If you do not agree to these Terms, you must not accept the terms hereof or purchase, download, access, or otherwise use any service or products from FASHIONENGINES. If there is anything that you do not understand in these Terms, please reach out to us at [email protected].
1. Your agreement with Binarycloth Ltd.
1.1. Choice of Law and Contracting Entity. Regardless of your residency, your relationship with Binarycloth Ltd and its Terms are governed by the People’s republic of Bangladesh.
1.2. Updates to Terms. We may make changes to the Terms from time to time, and if we do, we will notify you by revising the date at the top of the Terms and, in some cases, we may provide you with additional notice. You should look at the Terms regularly. Unless otherwise noted, the amended Terms will be effective immediately, and your continued use of our Services and Software will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our website and services.
2. Definitions
2.1. “Service(s)” means APP.BINARYCLOTH service which allows you to access, view, download, and make use of contents and assets provided by FASHIONENGINES, under specific conditions and restrictions written in the Terms.
2.2. “You” or “User” means an individual or the legal entity who must be aware of the Terms in using and accessing the Service and Assets provided by FASHIONENGINES.
2.3. “We” means the company “Binarycloth Ltd”, who provides APP.BINARYCLOTH Service and Contents and requests to comply with the Terms to the users.
2.4. “Asset File(s) or Asset(s)” means APP.BINARYCLOTH assets that are provided to you as part of our Service including but not limited to any type of digital material, components or constituents, texture, and physical property data. This includes all Assets that are made available on the APP.BINARYCLOTH web page or any other website where such assets are identified as APP.BINARYCLOTH assets.
3. User of Services
3.1. Account
3.1.1. To be able to access and use the Service, you are required to register and verify your account.
3.1.2. You may only create one (1) account per user. If we detect any signs of abusement, we may suspend your account.
3.1.3. You may not share your account information, whether intentionally or unintentionally, or use another person’s account.
3.1.4. You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. Please notify Customer Support immediately if you become aware of any unauthorized use of your account.
3.2. Termination of Service
3.2.1. Termination by you. You may stop using the Service or Contents at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees. You may need to contact with support center to terminate your account.
3.2.2. Termination by us. If we terminate your use of the Service for reasons other than for cause, we will make reasonable efforts to notify you at least 0-7 days prior to termination via the email address you provide to us. Any Unforeseen situation APP.BINARYCLOTH may terminate your access to the Site and the Services with no prior notice. Please note you may lose access to any APP.BINARYCLOTH Asset(s) upon termination. Unless stated, we may, at any time, terminate or suspend your right to use and access the Service if:
(a) you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to or are unable to, comply with the Terms)
(b) you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Service)
(c) you have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop (in such circumstances, we may suspend or restrict your access to the Service)
(d) we are required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful)
(e) we elect to discontinue the Service, in whole or in part (such as if it becomes impractical for us to continue offering the service in your region due to change of law)
3.3. Updates to the Service.
3.3.1. We may modify, update, or discontinue the Service (including any portions or features) at any time, without liability to you or anyone else. However, for changes to paid offerings, we will make reasonable efforts to notify you of the modification, update, or discontinuation.
3.3.2. If we discontinue the Service in its entirety, we will make reasonable commercial efforts to provide you with a pro rata refund for any unused fees for that Service or Contents that you prepaid.
3.4. Price of Services
3.4.1. APP.BINARYCLOTH may, in its sole discretion, change the price of the Service at any time. Any price change will be notified to you via email before the payment date.
3.4.2. All Pricing includes VAT.
3.5. Credit Card Information
3.5.1. You authorize us Paddle (paddle.com) payment method and use it in connection with your use of Services. To avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You authorize us to continue billing your account with the updated information we obtain.
3.6 You must not
a) reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of the fashionengines Assets or the Services;
(b) create a link, name or label, or otherwise upload to or transmit from the Site or the Services any content, link or anything else that (if reproduced, published, transmitted or used) may:
be defamatory, threatening, abusive, harassing, hateful, obscene, pornographic, harmful or invasive of anyone’s privacy, or excessively violent,
violate any law including intellectual property, privacy or other laws;
impersonate any person;
give rise to civil or other liability; or
relate to illegal drugs, weapons, gambling or other illegal activities;
(c) upload to or transmit from the Site or the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component;
(d) use the Site or the Services to do or attempt to do any of the following without fashinengine’s prior written permission:
send spam or other bulk messages;
gain unauthorized access to any data, network or system;
conduct or promote any commercial activity;
gamble, including through the use of the Site credits;
monitor data or traffic on any network or system;
obtain an email address, user name or other information about a third party without their consent;
use any misleading, false or deceptive TCP/IP header information in any email or posting;
conduct or instigate any denial of service attack against the fashionengines website or network, any other website or network, or any third party’s website or network; or
except where explicitly allowed by this Agreement, collect, aggregate, mine, scrape, or otherwise use any content uploaded to the Site for the purposes of publishing, selling, distributing or otherwise making the content available to others to use, download or copy;
collect, aggregate, mine, scrape or otherwise use NoAI 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.
(e) improperly make complaints or false reports on the Site;
(f) artificially inflate or alter ratings, views or statistics on the Site;
(g) falsify any data or information available on the Site;
(h) delete or modify any copyright or other intellectual property notices on the Site;
(i) sell or transfer your Site account, or allow any third party to access or use it;
(j) avoid, circumvent, or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any of the Site or the Services or any hardware/software used to provide the Site or the Services, or third party hardware/software or services;
(k) interfere with the Services or any third party’s use of the Site or the Services;
(l) resell any of services or allow any third party to use or access the Site or the Services without prior written consent
(m) authorize or encourage any third party to do any of the above; or
(n) access or exploit the Site, the Services, and/or access, exploit, collect, aggregate, mine, scrape, or otherwise use any content except as expressly permitted by this Agreement.
4. Restrictions
4.1. The following general license restrictions apply to your use of the Service.
4.1.1. You must not enable or allow others to use the Service using your account information.
4.1.2. You must not access or attempt to access the Service by any means other than the interface we provide or authorize.
4.1.3. You must not circumvent any access or use restrictions put into place to prevent certain uses of the Service.
4.1.4. You must not engage in any activity that interferes with or disrupts FASHIONENGINES, including its servers and connected networks, or the FASHIONENGINES Asset(s).
4.2. Restriction on AI/ML You will not, and will not instruct or allow third parties to, use the Services (or any other content data, FASHIONENGINES Assets, output, or other information received or derived from the Services) to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence systems, including, but not limited to, any architectures, models, or weights
4.3. Inactive and Abandoned Accounts: If you do not log into your account for any period of at least 365 consecutive calendar days, your account may be deemed “Inactive”. We may, in our sole discretion, suspend or terminate your account and membership if it becomes inactive.
4.4.Remedies: In addition to any other available remedies, upon breach of any of your obligations under this Agreement may suspend or terminate the Services and your the Site account.
5. Indemnification.
You agree to indemnify and hold FASHIONENGINES harmless against all claims or liability asserted against FASHIONENGINES arising out of or in connection with any breach by you or anyone acting on your behalf.
6. Limitation of Liability
6.1. You assume all responsibility and risk for the use of our Service and Asset(s).
6.2. In no event shall FASHIONENGINES or any of its affiliates, employees be liable for any incidental, indirect, punitive, exemplary or consequential damages whatsoever, including damages for loss of profits, interruption, loss of business information, loss of data, or any other pecuniary loss in connection with any claim, loss, action, suit, damage or other proceeding arising under or out of any subscription plan and or license, including without limitation your use of, reliance upon, access to or exploitation of the FASHIONENGINES website, the materials or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damaged, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise
7. Dispute Resolution
7.1. Process. If you have any concern or dispute, you agree to first try to resolve the dispute by contacting us. If a dispute is not resolved within 60 days of receipt by us, any resulting legal actions must be resolved through final and binding arbitration, including any question of whether arbitration is required, except that you may assert claims in small claims court if your claims qualify. Claims related to the Terms, Service, or Assets are permanently barred if not brought within one year of the event resulting in the claim.
7.2. Governing Law and Jurisdiction. Any dispute or claim by you arising out of or related to these Terms will be governed by Peoples Republic Bangladesh, exclusive of its choice of law rules. You and fashionengines agree to submit to the exclusive jurisdiction of the Seoul Central District Court. You and Binarycloth agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to these Terms.
7.3. No Class Actions. You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
7.4. Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Service or Asset(s) in violation of the Terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdictio
8. Miscellaneous
8.1. English Version. The English version of the Terms will be the version used when interpreting or construing the Terms.
8.2. No Assignment. You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our written consent, and any such attempt will be void. We may transfer our rights under the Terms to a third party.
8.3. Severability. If any provision of the Terms is held invalid or unenforceable for any reason, the remainder of the Terms will continue in full force and effect.
8.4. No Waiver. Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision.
8.5. Force Majeure. Neither party will be liable to the other for any delay for failure to perform any obligation (other than your payment obligations to FASHIONENGINES) under the Terms if the delay or failure is due to unforeseen events, which occur after the effectiveness of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal or license by the government agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost
8.6 Infringement Claims
If you believe that any content that posts on the Site infringes your rights, you may send us a notice by sending us email at [email protected]
8.7 Advertising
Some of the Services may contain advertisements and promotions that may be targeted to you based on your use of the Site and the Services.
Additional Terms of Use
These Additional Terms govern your use of the Library Service and are incorporated by reference into the APP.BINARYCLOTH General Terms of Use (“General Terms”) located at https://app.binarycloth.com/
terms (these Additional Terms and the General Terms are collectively referred to as “Terms”). Capitalized terms not defined here have the same meaning as defined in the General Terms.
1. Definitions
1.1. “Free Download” means the free subscription plan provided by APP.BINARYCLOTH as a service.
1.2. “Paid Subscription Plan(s)” means a paid subscription plan provided by APP.BINARYCLOTH as a service to purchase APP.BINARYCLOTH Assets.
1.2.1. “Monthly Paid Subscription Plan(s)” means a recurring monthly subscription with no annual commitment.
1.2.2. “Annually Paid Subscription Plan(s)” means a recurring annual subscription with an annual commitment. Annual plans are simply monthly payments paid up-front.
1.3. “Workspace” means a digital workspace for browsing, and purchasing Asset(s) that is always associated with a Plan. Each workspace can have separate Plans available for single or multiple users.
1.4. “Modified Asset File(s)” means an Asset File that is modified, at least in part, from a APP.BINARYCLOTH Asset, which include but are not limited to zfab, zprj, sbsar, sbs, jpg and png files.
1.5. “Larger Work(s)” means a new work of authorship created that incorporates an unmodified work of a APP.BINARYCLOTH Asset.
1.6. “Modified Work(s)” means a new work of authorship created, at least in part, by modifying a APP.BINARYCLOTH asset or that incorporates a Modified Asset File(s).
2. User of Services
2.1. Termination
2.2. Plans
2.2.1. Single User: Free Plan
2.2.1.1. Upon signing up, all users are automatically enrolled under the Free plan. Refer to Section 3 and Section 4 for License terms and restrictions.
2.2.1.2. Free Plan licenses are for single users only. APP.BINARYCLOTH digital assets cannot be shared with any other user or employee. If you work with others, you must purchase a Team Plan, or all respective parties need to separately purchase licenses to use and have access to APP.BINARYCLOTH digital assets
2.2.2. Paid Subscription Plans
2.2.2.1. APP.BINARYCLOTH Asset(s) that are purchased under Paid Subscription Plans are licensed for both commercial and personal use. Refer to Section 3 and Section 4 for License terms and restrictions.
2.2.2.2. Paid Subscription Plan Credit System. Credits are allocated to your account on a monthly basis, regardless of whether you have subscribed to a Monthly or Annually Paid Subscription Plan. This means an indicated number of credits are applied to the according Workspace on a monthly basis, even if you are under a Annually Paid Subscription Plan.
2.2.2.3. Single User
2.2.2.3.1. Single User Paid Subscription Plans include Starter, Pro, Ultra plans and are for single users only. APP.BINARYCLOTH Asset(s) purchased with these plans cannot be shared with any other user or employee. If you work with others, you must purchase a Team Subscription Plan, or all respective parties need to separately purchase licenses to use and have access to APP.BINARYCLOTH Asset(s).
2.2.2.3.2. If your payment fails due to card expiration or other various reasons, your Workspace will be immediately downgraded to Free Plan.
2.2.2.4 Multi User: Team Plan
2.2.2.4.1. Team Subscription Plan license is for teams with more than 2 people. This covers parent and any affiliated companies, as well as contractors.
2.2.2.4.2. Team Subscription Plans have a certain number of seats available. The number of seats equals the people that may use and have access to APP.BINARYCLOTH Asset(s). APP.BINARYCLOTH Asset(s) cannot be shared beyond the users that are joined as members of the Team Workspace.
2.2.2.4.3. If you cancel or terminate your Team Subscription Plan, all team members, including the administrator will lose access to the Team Workspace.
2.3. Changing Subscription Plans
2.3.1. Changing Plans from Annual to Monthly. If you are terminating your original Annual (billed upfront) subscription before the end of the 12 month term, you are subject to a fee equivalent to the savings you received in comparison to the Monthly (no contract) subscription rate. In other words, we calculate the Monthly price for the months that you’ve already received credits and subtract that amount from the original Annual plan payment.
2.3.2. Downgrading to Free Plan. You can cancel your subscription by downgrading to Free plan. While immediate downgrades are not available, you can schedule a downgrade for your next recurring month. Any unused credits (including roll-over credits) will expire when your workspace is downgraded to Free plan.
2.4. Price and Refunds
2.4.1. All payments made are non-refundable. Once a payment has been made, it is considered final and cannot be refunded.
2.4.2. Each asset can be priced differently in credits. At any time, APP.BINARYCLOTH may, in its sole discretion, change the price for FASHIONENGINES Asset(s) without prior notice and without any liability to you.
2.4.3. We do not refund credits.
2.4.4. In the event of an error by FASHIONENGINES pertaining to an asset, including but not limited to mismatched asset descriptions, incorrect files, or file corruption, we will provide you with the corresponding credit as reimbursement, as stated in our company’s terms of use.
2.5. Free Credits / Discounts / Promotions
2.5.1. APP.BINARYCLOTH may offer free Credits and trial memberships in its sole discretion. If access to the Services is provided to you for free or for trial purposes, such access is governed by these Terms.
2.5.2. At any time prior to or during the free or trial period, APP.BINARYCLOTH may, in its sole discretion, terminate the free or trial access without prior notice and without any liability to you, to the extent permitted under applicable law, for any reason, including to prevent abuse of the free or trial access. After the free or trial access period expires, you may only continue using the Services by enrolling in a paid subscription, if available, or as otherwise permitted by APP.BINARYCLOTH. During the free or trial period, no express or implied warranties shall apply to the Services.
2.5.3. Discounts and Promotion Offers are available to new customers only. Discounted pricing applies only to the first year of subscription. When the discount or promotion period has ended, you will be charged the original price as identified with the plan description when you purchase a APP.BINARYCLOTH plan.
3. License and Ownership
3.1. License Metrics.
3.1.1. APP.BINARYCLOTH Assets is licensed on a per-user basis except for the Team Plan which is licensed on a per-business entity basis.
3.1.2. The number of monthly credits for APP.BINARYCLOTH Assets (or “Credits”) to which we grant you a license (“Permitted Number”) will be identified with the plan description when you purchase a APP.BINARYCLOTH plan.
3.2. Grant of License. Subject to your compliance with the Terms and the Permitted Number, we grant you a worldwide, non-exclusive, limited, revocable, non-sharable, non-transferable, non-sublicensable (except as expressly permitted by these Terms), perpetual license to:
(a) use and modify APP.BINARYCLOTH Asset(s) to create derivative works solely in the form of a Larger Work or a Modified Work;
(b) publicly display and publicly perform the APP.BINARYCLOTH digital assets only as Modified Work(s) or Larger Work(s); and
(c) distribute, release, sublicense, or promote a commercial product or projects in the form of Modified Work(s) or Larger Work(s) if
(i) Larger Work or Modified Work, without inclusion of the APP.BINARYCLOTH digital assets, would qualify as an original work of authorship, and
(ii) the primary value of the Larger or Modified Work does not lie with the APP.BINARYCLOTH digital assets itself.
(d) For avoidance of doubt, you may: distribute, release, sublicense, or promote a commercial product or projects using the APP.BINARYCLOTH digital assets in the form of a Larger work(s) or Modified Work(s) only when you are subscribed to our Paid Plans.
3.3. Ownership. Binarycloth solely retains all rights, title, and ownership in APP.BINARYCLOTH 3D Asset(s).
4. License Restrictions
4.1. You must not use the APP.BINARYCLOTH Asset(s) in any way that allows a third party to use, download, extract, or access the asset(s) or Modified Asset Files on a stand-alone basis.
4.2. You must not take action in connection with the APP.BINARYCLOTH Asset(s) that infringes the intellectual property or other rights of any person or entity, such as the moral rights of the creator of the Asset(s) or the rights of any person who, or any person or entity whose property, appears in Asset(s).
4.3. You must not incorporate the APP.BINARYCLOTH Asset(s) into a trademark, logo, or service mark.
4.4. You must not use the APP.BINARYCLOTH Asset(s) in a pornographic, defamatory, or otherwise unlawful manner.
4.5. You must not publicly display and publicly perform the APP.BINARYCLOTH Asset(s) if it has not been incorporated into Modified Work(s) or Larger Work(s).
4.6. You must not distribute, release, sublicense, or promote a commercial product or project using a APP.BINARYCLOTH Asset(s) if it has not been incorporated into Modified Work(s) or Larger Work(s). For avoidance of doubt, you may distribute, release, sublicense, or use for promotion of commercial product or projects APP.BINARYCLOTH assets specifically when:
(a) Modified Work(s) or Larger Work(s), without inclusion of the APP.BINARYCLOTH digital assets, would qualify as an original work of authorship, and
(b) the primary value of the Larger or Modified Work does not lie with the APP.BINARYCLOTH digital assets itself.
(c) For the avoidance of doubt, you may never publicly display, publicly perform, distribute, release, sublicense, resell a copy of a APP.BINARYCLOTH asset(s) in the form of both (1) unmodified, standalone copy or (2) Modified Asset Files which include but are not limited to zfab, zprj, sbsar, sbs, jpg and png files.Download
PRIVACY POLICY
We have developed this Privacy Policy so that you may easily understand the way in which we protect the user data we collect from you and other related information. APP.BINARYCLOTH. BINARYCLOTH.COM is owned by Binarycloth Ltd. a company incorporated in Bangladesh. We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, you can be assured that it will only be used by this privacy statement. This Privacy Policy is available to the public at all times so you may read the full text of the Privacy Policy on our website whenever you need or want to do so. We will notify you of any changes to the Privacy Policy by posting an amended version or amendments to its website to notify you and gain your reconsent of changes. By using our site, you consent to our privacy policy.
WHAT INFORMATION IS COLLECTED?
HOW IS THE COLLECTED INFORMATION USED?
HOW IS THE COLLECTED INFORMATION SAFEGUARDED?
HOW LONG DO WE KEEP YOUR INFORMATION?
HOW DO WE LINK TO OTHER WEBSITES?
HOW DO WE USE COOKIES?
HOW DO WE CONTROL YOUR PERSONAL INFORMATION?
HOW DO WE IDENTIFY THE DATA CONTROLLER AND PROCESSOR?
WHAT INFORMATION IS COLLECTED?
To use our service, you may provide information to our FASHIONENGINES websites, mobile application, email, participate in various events or promotions held by us, and when you log-in and communicate with us through social media. Through this process we may collect some or all of the following information:
Your name (or your company’s name)
Contact information (including email address)
Billing and Shipping addresses
Payment information
Information you provide by interacting with us through social media, and emails including images and videos.
Demographic information such as postcode, preferences, and interests
Other information relevant to customer surveys
HOW IS THE COLLECTED INFORMATION USED?
We collect your information to understand your needs and provide you with a better service, and in particular for the following reasons:
Process a transaction
Internal record keeping
Provide products or services you request
Improve our products and services. This includes use of other information to support delivery of the products or services you requested, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities
Improve and customize our website according to your interests
Develop and provide search, productivity tools, and additional features. We may improve search functionality by using Other Information to help determine and rank the relevance of content, channels or expertise to an Authorized User, make Services suggestions based on historical use and predictive models, identify organizational trends and insights, to customize a Services experience or create new productivity features and products.
Marketing and promotional purposes
Enhance your shopping experience and so on
HOW IS THE COLLECTED INFORMATION SAFEGUARDED?
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
HOW LONG DO WE KEEP YOUR INFORMATION?
After creating an account, you can leave the account directly from our website whenever necessary. We retain your account information until you withdraw and delete your account. We may retain some of your information after your withdrawal as necessary to comply with our legal obligations, to resolve disputes, enforce our agreements, to support business operations, and to continue to develop and improve our Services. Billing and order history information will be kept 3 years and personal information will be kept 1 year after withdrawal, considering that there may be a process already in operation or has not been completed. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you.
HOW DO WE LINK TO OTHER WEBSITES?
Our website may contain links to enable you to easily visit other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control beyond that point. Therefore, are not responsible for the protection and privacy of any information which you provide whilst visiting such sites. You should exercise caution and look at the privacy statement posted on the website in question.
HOW DO WE CONTROL YOUR PERSONAL INFORMATION?
When you create an account on our website, you have an option to agree with our Privacy Policy. If you do not agree with this policy, do not access or use our Services or interact with any other aspect of our business. If you have consented to our policy, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. After creating an account, you can leave the account directly from our website whenever necessary. In addition, you may choose to restrict the collection or use of your personal information by emailing us at [email protected]. FASHIONENGINES.XYZ gives you access to a broad range of information about your account and your interactions with FASHIONENGINES.BINARYCLOTH.COM for the limited purpose of viewing and, in certain cases, updating that information We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting with your consent. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. If you believe that any information we are holding is incorrect or incomplete, you may correct and update your information in My account. If there is information that you are not able to change, please email us as soon as possible at [email protected]. We will promptly correct any information found to be incorrect. Also, you have the right to lodge a complaint with a supervisory authority if we do not control your personal information in accordance with our privacy policy.
We will never sell your information to a 3rd party without your permission. However, we may share your information with third parties with whom we have a relationship for better customer services (for example, Logistics, when we receive your shipping information to pick up fabric samples for digitization, etc.). Other than that, we never share your information with any other third parties or organizations without your permission.
When we refer to “FASHIONENGINES Digital Assets”, we mean the Binarycloth Ltd. entity that acts as the controller or processor of your information, as explained in more detail in the “HOW DO WE IDENTIFY THE DATA CONTROLLER AND PROCESSOR?” selection below.
HOW DO WE IDENTIFY THE DATA CONTROLLER AND PROCESSOR?
Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Customer is the controller of Customer Data. In general, Binarycloth Co., Ltd is the processor of Customer Data and the controller of Other Information.
GENERAL TERMS OF USE
APP.BINARYCLOTH Digital Content (“APP.BINARYCLOTH”), is a digital content library at https://app.binarycloth.com operated by Binarycloth Ltd. (“Binarycloth”, “APP.BINARYCLOTH”, “we”, “us”, or “our”), where you can purchase and download digital assets. Binarycloth is a corporation incorporated in Bangladesh with its principal place of business at House 19 Road 8 Shekhertek Mohammadpur Dhaka. These Terms and Conditions of Use (these “Terms”) are a binding legal agreement between you and Binarycloth.
These Terms of Use (“Terms”) govern your use of and access to APP.BINARYCLOTH 3D Library’s service, contents or products, website, customer service, or any other type of properties. We assume that you have read, understand, and agree to our Terms and that you agree to comply with all applicable laws and regulations. If you do not agree to these Terms, you must not accept the terms hereof or purchase, download, access, or otherwise use any service or products from APP.BINARYCLOTH. If there is anything that you do not understand in these Terms, please reach out to us at binarycloth.com/request-to-quote/
1. Your Agreement with Binarycloth Ltd.
1.1. Choice of Law and Contracting Entity: Regardless of your residency, your relationship with Binarycloth Ltd and these Terms are governed by the laws of the People’s Republic of Bangladesh.
1.2. Updates to Terms: We may make changes to the Terms from time to time. If we do, we will notify you by revising the date at the top of the Terms and, in some cases, we may provide you with additional notice. You should look at the Terms regularly. Unless otherwise noted, the amended Terms will be effective immediately, and your continued use of our Services and Software will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our website and services.
2. Definitions
2.1. “Service(s)” means APP.BINARYCLOTH’s service which allows you to access, view, download, and make use of contents and assets provided by APP.BINARYCLOTH, under specific conditions and restrictions written in the Terms.
2.2. “You” or “User” means an individual or the legal entity who must be aware of the Terms in using and accessing the Service and Assets provided by APP.BINARYCLOTH.
2.3. “We” means the company “Binarycloth Ltd”, who provides APP.BINARYCLOTH’s Service and Contents and requests users to comply with the Terms.
2.4. “Asset File(s) or Asset(s)” means APP.BINARYCLOTH assets that are provided to you as part of our Service including but not limited to any type of digital material, components or constituents, texture, and physical property data. This includes all Assets that are made available on the APP.BINARYCLOTH web page or any other website where such assets are identified as APP.BINARYCLOTH assets.
3. User of Services
3.1. Account
3.1.1. To be able to access and use the Service, you are required to register and verify your account.
3.1.2. You may only create one (1) account per user. If we detect any signs of abuse, we may suspend your account.
3.1.3. You may not share your account information, whether intentionally or unintentionally, or use another person’s account.
3.1.4. You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. Please notify Customer Support immediately if you become aware of any unauthorized use of your account.
3.2. Termination of Service
3.2.1. Termination by you: You may stop using the Service or Contents at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees. You may need to contact our support center to terminate your account.
3.2.2. Termination by us: If we terminate your use of the Service for reasons other than for cause, we will make reasonable efforts to notify you at least 0-7 days prior to termination via the email address you provide to us. In any unforeseen situation, APP.BINARYCLOTH may terminate your access to the Site and the Services with no prior notice. Please note you may lose access to any APP.BINARYCLOTH Asset(s) upon termination. Unless stated otherwise, we may, at any time, terminate or suspend your right to use and access the Service if:
(a) you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to or are unable to comply with the Terms);
(b) you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Service);
(c) you have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop;
(d) we are required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful);
(e) we elect to discontinue the Service, in whole or in part (such as if it becomes impractical for us to continue offering the service in your region due to a change of law).
3.3. Updates to the Service
3.3.1. We may modify, update, or discontinue the Service (including any portions or features) at any time, without liability to you or anyone else. However, for changes to paid offerings, we will make reasonable efforts to notify you of the modification, update, or discontinuation.
3.3.2. If we discontinue the Service in its entirety, we will make reasonable commercial efforts to provide you with a pro-rata refund for any unused fees for that Service or Contents that you prepaid.
3.4. Price of Services
3.4.1. APP.BINARYCLOTH may, in its sole discretion, change the price of the Service at any time. Any price change will be notified to you via email before the payment date.
3.4.2. All pricing includes VAT.
3.5. Credit Card Information
3.5.1. You authorize our payment processor Paddle (paddle.com) to manage payment methods used in connection with your use of the Services. To avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You authorize us to continue billing your account with the updated information we obtain.
3.6. Prohibited Conduct (You must not:)
(a) reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of the APP.BINARYCLOTH Assets or the Services;
(b) create a link, name or label, or otherwise upload to or transmit from the Site or the Services any content, link or anything else that may be defamatory, threatening, abusive, harassing, hateful, obscene, pornographic, harmful, invasive of anyone’s privacy, excessively violent, or relate to illegal drugs, weapons, gambling, or other illegal activities;
(c) upload to or transmit from the Site or the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component;
(d) use the Site or the Services to send spam, gain unauthorized access to any data, conduct unauthorized commercial activities, or monitor data traffic without permission;
(e) except where explicitly allowed by this Agreement, collect, aggregate, mine, scrape, or otherwise use any content uploaded to the Site for the purposes of publishing, selling, distributing or otherwise making the content available to others to use, download or copy;
(f) collect, aggregate, mine, scrape or otherwise use NoAI 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;
(g) improperly make complaints or false reports on the Site;
(h) artificially inflate or alter ratings, views or statistics on the Site;
(i) delete or modify any copyright or other intellectual property notices on the Site;
(j) sell or transfer your Site account, or allow any third party to access or use it without prior written consent.
4. Restrictions
4.1. General License Restrictions: You must not enable or allow others to use the Service using your account information, nor circumvent any access restrictions put into place to protect the Service.
4.2. Restriction on AI/ML: You will not, and will not instruct or allow third parties to, use the Services (or any other content data, APP.BINARYCLOTH Assets, output, or other information received or derived from the Services) to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence systems, including, but not limited to, any architectures, models, or weights.
4.3. Inactive and Abandoned Accounts: If you do not log into your account for any period of at least 365 consecutive calendar days, your account may be deemed “Inactive”. We may, in our sole discretion, suspend or terminate your account and membership if it becomes inactive.
4.4. Remedies: In addition to any other available remedies, upon breach of any of your obligations under this Agreement, we may suspend or terminate the Services and your Site account.
5. Indemnification
You agree to indemnify and hold APP.BINARYCLOTH harmless against all claims or liability asserted against APP.BINARYCLOTH arising out of or in connection with any breach by you or anyone acting on your behalf.
6. Limitation of Liability
6.1. You assume all responsibility and risk for the use of our Service and Asset(s).
6.2. In no event shall APP.BINARYCLOTH or any of its affiliates or employees be liable for any incidental, indirect, punitive, exemplary or consequential damages whatsoever (including damages for loss of profits, business interruption, loss of data, or any other pecuniary loss) arising out of your use of, reliance upon, or access to the APP.BINARYCLOTH website and materials, even if we have been advised of the possibility of such damages.
7. Dispute Resolution
7.1. Process: If you have any concern or dispute, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 60 days of receipt by us, any resulting legal actions must be resolved through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.
7.2. Governing Law and Jurisdiction: Any dispute or claim by you arising out of or related to these Terms will be governed by the laws of the People’s Republic of Bangladesh, exclusive of its choice of law rules. You and APP.BINARYCLOTH agree to submit to the exclusive jurisdiction of the competent courts in Dhaka, Bangladesh. You and Binarycloth agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.
7.3. No Class Actions: You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
7.4. Injunctive Relief: In the event of unauthorized access to or use of the Service or Asset(s) in violation of the Terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
8. Miscellaneous
8.1. English Version: The English version of the Terms will be the version used when interpreting or construing the Terms.
8.2. No Assignment: You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our written consent. We may transfer our rights under the Terms to a third party.
8.3. Severability: If any provision of the Terms is held invalid or unenforceable for any reason, the remainder of the Terms will continue in full force and effect.
8.4. Force Majeure: Neither party will be liable to the other for any delay or failure to perform any obligation (other than payment obligations) if the delay is due to unforeseen events beyond the reasonable control of the parties, such as strikes, blockades, war, terrorism, natural disasters, or government restrictions.
8.5. Infringement Claims: If you believe that any content posted on the Site infringes your rights, you may send us a notice by emailing us at [email protected].
8.6. Advertising: Some of the Services may contain advertisements and promotions that may be targeted to you based on your use of the Site and the Services.