Software License and Service Agreement
Important Notice: Before downloading, installing, and using the software and services provided by Creality Technology Co., Ltd., please carefully read this agreement.
Your use of the Falcon Design Space software program ("Software") and related services ("Services," collectively referred to as "Services" along with the "Device" and "Software") provided by the company indicated at the end of this document (hereinafter referred to as "we") will be governed by these terms and other legal terms referenced herein (collectively referred to as "Agreement"). This Agreement is a legally binding contract between you and us regarding your use of the Services. Subject to your acceptance and compliance with the terms of this Agreement, we grant you a limited, non-exclusive license to use the Services. "You" or "User" can refer to an individual or a single legal entity.
1. Acceptance of this Agreement
1.1 You can accept this Agreement in the following ways: (a) by clicking "Agree" or a similar button indicating your acceptance of this Agreement; (b) by checking a box at the end of this Agreement; or (c) by actually using the Services. 1.2 You must first accept and agree to this Agreement before using the Services. If you do not agree to the terms of this Agreement, do not download, install, register, or use the Services. If you have paid for the Services, you may be eligible for a refund in accordance with our refund policy by contacting your supplier. 1.3 You must be at least 18 years old, a minor aged 16 or above living independently on your own income, or have obtained parental or guardian consent, or otherwise have the legal capacity to enter into a binding agreement according to the laws of your country or region. If you are not of legal age to enter into a binding contract, ensure that this Agreement is confirmed by your parents or guardians or another legal representative under the laws of your country or region. If you are accepting this Agreement on behalf of another party (such as a company or your client), you represent and warrant that you have the full authority and qualification to do so.
2. License and Restrictions
2.1 The software program used in the Services is owned by us or our suppliers at all times. The software is not sold but licensed to you for use. Subject to the terms of this Agreement, you are granted a limited, non-exclusive license to use the software on a single device. You are permitted to use the software only within the scope explicitly allowed by this Agreement. You may not: (1) circumvent any technical limitations in the software; (2) reverse engineer, decompile, or disassemble the software; (3) copy, transfer, rent, sell, distribute, or otherwise make the software available. You may transfer the license you have received, along with the device, to a third party once permanently. Certain software or its components may be provided under open-source licenses accompanying the software. In the case of open-source software programs, the terms of the open-source licenses shall take precedence and override certain terms of this Agreement. All other rights not expressly granted are reserved by us or our suppliers. You may not remove or alter any copyright or ownership information in the software.
2.2 You should be aware that the content displayed to you through the Services, including but not limited to videos, audio, text, images, etc., is owned in its entirety by us or our licensors. You are only permitted to use this content as is, in conjunction with the Services. Without our prior written permission, you may not modify, rent, lease, sell, publish, or distribute the content (in whole or in part), nor may you compile, alter, or create any derivative works based on the content.
2.3 You understand that certain content is provided by third parties, and we may not have full control over the displayed content. We are not responsible for content beyond our control, and you should independently decide whether and how to use such content, assuming any associated risks. We may, at our discretion, remove, replace, or modify certain content at any time to comply with legal or other purposes. If you notice any infringing or illegal content, you may provide detailed information according to our copyright policy and notify us, and we will coordinate with the content provider to resolve or handle the matter according to the law.
3. Services Provided by Us
3.1 You agree that the Services may be provided by us or service providers we engage.
3.2 Full use of the Services may require compatible devices, network access, and specific software systems, and may require regular updates. The performance of the Services may be affected by these factors. You should check the Service's usage instructions to ensure that your devices meet the software and hardware requirements. Network fees may apply when using the Services, and you are responsible for such fees, which vary based on your network service provider's rates.
3.3 We strive to ensure the accuracy and continuity of the Services, but due to individual user differences and varying external software, hardware, and network environments, the accuracy, uninterrupted operation, and availability of the Services may occasionally be limited. You may improve the accuracy of the Services based on any service instructions provided by us (if any).
4. Changes to the Services
4.1 To enhance the customer experience and continue innovating, we may modify the Services or any part thereof from time to time. We may also make changes, temporarily interrupt, or permanently discontinue any feature or component of the Services if legal or business conditions change, or if continuing the Services is no longer commercially reasonable. Additionally, we may deactivate individual accounts with no activity for more than sixty (60) days. Unless otherwise provided in supplementary terms, the terms of this Agreement apply to all modifications or updates to the Services.
4.2 By default, the Services will automatically download and install software updates. You may change the software "settings" at any time to disable automatic updates (not recommended). In certain cases (e.g., to comply with mandatory legal requirements or to improve the reliability and security of the Services), you may be required to update the Services. Failure to update may result in service unavailability, data corruption or loss, system failure, or hardware malfunctions.
4.3 If we cancel all Services, you may download your user data stored in the Services within a reasonable period after we notify you of the termination. After this period, your user data will be deleted. If you paid for the Services, you may request a refund within thirty (30) days after we cancel the Services. The refund will be prorated based on your actual use of the Services. This is your sole remedy under this Agreement for service cancellation.
5. Password and Account Security
5.1 You may need to register an account to use the Services. If the Services allow you to use an existing account, using the Services through that account is subject to the terms of this Agreement.
5.2 During the account registration process, and whenever required thereafter, you agree to provide relevant registration information as requested, and if real-name registration is required by law, to provide true, accurate, up-to-date, and complete account management information and data (such as your name, email address, and phone number, collectively referred to as "Registration Information"). You should always maintain and promptly update your Registration Information. Failure to provide accurate, correct, complete, or current Registration Information may affect your use of the Services.
5.3 You are fully responsible for all activities conducted using your account. You agree to: (a) take all reasonable steps to safeguard your account and password (including but not limited to setting a password that meets security standards and logging out of your account after use); and (b) immediately notify us of any unauthorized use of your account or any other security issues. We are not responsible for any losses or damages arising from unauthorized use of your account. If we detect any security issues with your account, we reserve the right to take appropriate action, including but not limited to restricting or disabling your account until it is deleted.
6. Your Obligations
6.1 You may not use the Services for any illegal, fraudulent, improper, or abusive purposes, or in any manner that may impair the ability of others to use the Services, or harm us or other users' property, or infringe or interfere with third-party rights. You must comply with all applicable laws.
6.2 If, at our sole discretion, we determine that your use of the Services: (a) violates any provision of this Agreement; (b) does not conform to user content standards; (c) is offensive to other users; (d) infringes on our or any third party's intellectual property or other rights; or (e) has caused or may cause us to assume any liability, we reserve the right, without prior notice, to: (i) suspend or terminate your use of part or all of the Services, or (ii) delete any information you have stored in the Services. Additionally, once your account or access to the Services is terminated, we will delete all content and other related information you generated.
6.3 You should exercise reasonable caution when using the Services, including understanding information security best practices for internet and mobile networks and related devices, such as setting and protecting secure passwords.
6.4 You are solely responsible for any losses, damages, and other consequences resulting from your violation of this Agreement. You agree to indemnify, defend, and hold us and our suppliers harmless from any loss, cost, liability, and other expenses arising from your data, your use of the Services, or your violation of this Agreement.
7. User Data and Storage
7.1 The Services may allow you to upload, store, or receive certain data, including content you generate and your personal data ("User Data"). You retain all rights to your User Data, and unless otherwise stated in this Agreement, we will not use your User Data ourselves or allow others to use it without your prior consent.
7.2 You grant us a global, irrevocable, non-exclusive, and free license to copy and store your User Data in encrypted form, for the purpose of providing the Services, including support services, processing and aggregating your data with data from other users to generate statistical data, and improving the Services.
7.3 We are not obligated to provide storage for your user data. We offer this service solely for the convenience of users. You acknowledge and agree that we shall not be held liable for the deletion or storage failure of data for any reason. You are responsible for timely and appropriate backup of your user data. You acknowledge and agree that we may impose restrictions on the quantity and duration of the user data you upload or store.
7.4 The content you generate may include, but is not limited to, the nickname or username you create, as well as the voice data and other content you store. You must ensure that the content you generate does not directly or indirectly contain any of the following:
(1) Obscene, defamatory, slanderous, derogatory, blasphemous, or otherwise offensive content that violates public order, good customs, or local laws and policies;
(2) Content that infringes or misuses the intellectual property rights, reputation rights, privacy rights, or other legal rights of third parties;
(3) Content that promotes violence, national or ethnic division, ethnic hatred, or hinders national unity;
(4) Content that promotes discriminatory or hateful speech against certain individuals or groups, whether based on race, gender, nationality, religious beliefs, sexual orientation, or the language of such individuals or groups;
(5) Any advertising, solicitation, or promotion of business opportunities;
(6) Any content that incites, organizes, abets, or promotes illegal activities; and
(7) Any content prohibited by law or policy, or prohibited by the judgment, ruling, order, notice, or instruction of a competent judicial or law enforcement authority.
8. Privacy Rights
Our collection, use, storage, and processing of your user data will comply with the provisions of the "Privacy Policy" we have published. You agree that we may collect, use, store, and process your user data for the purpose of providing and improving the services, as well as for other uses that we notify you of in advance, in accordance with our Privacy Policy. You can find and read our "Privacy Policy" at the activation point of your device or software, or in the "Settings," to understand the details of our policies on collecting, using, storing, and processing your personal data. You can also read the online version of the "Privacy Policy" by visiting our website.
9. Service Fees
Using certain services may require you to pay additional fees, which will be specified in the relevant service terms. We reserve the right to charge for services and to change the fees and payment methods. Except for transactions made via credit card, debit card, or electronic payment methods, fees are due upon receipt of the payment notice, and you agree to pay the fees specified in the payment notice, including any applicable taxes and late fees. You are responsible for paying taxes related to the services.
10. Disclaimer of Warranties
You understand and agree that, unless expressly stated otherwise by us, the services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we make no warranties, whether express or implied, regarding the software or services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the services will operate without interruption, be timely, secure, or error-free, or that any errors in the services will be corrected. Unless otherwise specified in writing, we do not guarantee that technical support will be provided for the services. The above exclusions also apply to the developers, suppliers, and sellers of the services.
11. Limitation of Liability
Under no circumstances shall we be liable to you or any third party for any special, indirect, incidental, consequential, or punitive damages, whether such liability arises from a contract, warranty, tort (including negligence or strict liability), or any other legal principle, even if we have been advised of the possibility of such damages or such damages were reasonably foreseeable by us. Our total liability for any and all damages shall be limited to the total amount of service fees we charged you for the services in the one (1) month preceding the first occurrence of the event giving rise to the relevant claim or lawsuit, or any legal compensation, whichever is greater. The limitation of liability in this clause reflects the agreed risk allocation between the parties to this agreement. The limitations set forth in this clause shall apply in all circumstances, including to the developers, suppliers, and sellers of the services, and shall survive the termination of this agreement. Some jurisdictions do not allow certain liability limitations, so some of the above limitations may not apply to you.
12. Consumer Rights
Nothing in this agreement affects any statutory rights of consumers that cannot be waived or limited by contract. You may have other rights that cannot be altered by this agreement under applicable laws.
13. Third-Party Software and Services
You understand that certain features or components of the services may be provided by third parties. The service user interface may contain links to third-party websites, and clicking on these links will take you to websites not operated, managed, or supported by us. Third-party software or services will be provided based on their independent license agreements, terms of service, and privacy policies, which may differ from our provisions. Your personal information submitted to or collected by third-party software or services will not be subject to our privacy policy. If you choose to use third-party software or services, please carefully read the relevant legal terms of the third party. Unless expressly stated otherwise, we make no representations or warranties regarding third-party software or services and their content, including but not limited to their availability and continuity. Third parties may provide their own warranties for their software or services. You understand and agree that you will use such third-party software or services and their content at your own discretion and risk.
14. Marketing Materials and Promotional Services
We may, from time to time, send you marketing materials and provide you with additional promotional services at no extra charge ("Promotional Services"). You acknowledge and agree that we may send you the above marketing and promotional materials via electronic transmission, email, letter, or other means. You may notify us at any time to stop sending such materials. You understand and agree that we may adjust the scope of the promotional services we offer at any time without prior notice, and some promotional services may be available only to new customers, so you may not be eligible for some or all of the above promotional services. If you receive any promotional or special pricing or terms offered by us, such prices or terms are for your use only, and you must keep them confidential. You may not disclose such information to any third party without our prior express written consent.
15. Changes and Termination of the Agreement
15.1 We may change the terms of this agreement at any time. We may notify you of such changes through our website, client announcements, or other means. You agree that by continuing to use the services after such changes are published, you accept the modified agreement.
15.2 You may terminate this agreement at any time by deleting the software, closing your account, and ceasing to use the services as per the relevant instructions. This agreement will terminate when we cancel all services according to the terms of this agreement. Neither party shall be liable for such termination.
15.3 If we discover that you are using the services for any unauthorized or prohibited purpose, or if your actions or status lead us to believe that continuing to provide services to you may pose significant risks to us, we may terminate this agreement at our discretion and claim compensation for service fees and any losses caused by your improper use.
15.4 You agree that, upon termination of this agreement, you shall destroy the software and permanently delete all backups of it, and your rights to use the services will also terminate immediately.
15.5 The titles of this agreement, including "Licenses and Restrictions," "Disclaimer of Warranties," "Limitation of Liability," "General Terms," and other provisions that, by their nature, remain in effect, will continue to be valid after the termination of this agreement.
16. General Terms
16.1 This agreement is governed by and construed in accordance with the applicable laws of the People's Republic of China (excluding the Hong Kong Special Administrative Region, the Macau Special Administrative Region, and Taiwan). Any disputes arising from or related to this agreement should first be resolved through amicable negotiation. If negotiations fail, the exclusive jurisdiction will be with the courts located in our place of residence. If any provisions conflict with mandatory legal requirements in your country or region (except for 16.1) and such mandatory legal requirements exclude any possibility of applying alternative laws, such provisions shall be invalid and automatically replaced by the corresponding effective legal provisions.
16.2 This agreement, together with the Privacy Policy and any other special terms referenced, constitutes the entire agreement between you and us regarding the services and supersedes all other communications or agreements, whether oral or written. Any amendments to this agreement must be made in writing to be effective. Our failure to exercise or enforce any rights or provisions of this agreement does not constitute a waiver of such rights or provisions. If any provision or part of this agreement is deemed unenforceable by a competent authority, it shall not affect the validity of the remaining provisions, which shall continue to be effective.
16.3 You agree that we may send notifications for the purpose of performing this agreement via email, SMS, pop-up messages, or other means. Notifications under this agreement may also be made via web announcements, and such notifications are considered delivered on the date they are sent. Notifications you send to us should be delivered through our publicly announced communication addresses, email addresses, or other contact methods.
If you have any questions, comments, or suggestions regarding this agreement, you may contact us as follows:
Email: kefu@creality.com
Shenzhen Creality 3D Technology Co., Ltd.
18F, Jinxiu Hongdu Building, Meilong Avenue, Xin Niu Community, Minzhi Street, Longhua District, Shenzhen, China