Terms & Conditions

Fitix Visualization Ltd. d/b/a Hexa (“Hexa”, or “us”, “our”, “we”), a company incorporated in the State of Israel with Company No. 515319911, offers various services in connection with the creation and management of 3D models (“Models”). Through the enterprise platform (“Enterprise Platform”), customers can have Models created and can manage and monetize them. Through the HexaGen Platform (“HexaGen Platform”), users can automatically generate Models. These Terms of Service (“Terms”) govern your access and use of the services available through the Enterprise Platform and through the HexaGen Platform (“Services”). Our Privacy Notice, available at https://www.hexa3d.io/privacy-policy governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). “You” means an individual using the Services either through the Enterprise Platform or through the HexaGen Platform.

Please read these Terms carefully. By clicking on the button marked “I agree” you signify your assent to these Terms. Changes may be made to these Terms from time to time. If you do not agree to any of these Terms, please do not click the button marked “I agree” and do not use the Services.

If you are registering to use the Enterprise Platform on behalf of any entity or company (“Customer”), you represent that you are authorized to enter into, and bind the Customer to these Terms and register for the Enterprise Platform and Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Customer and the right to access the Enterprise Platform and Services is revoked where these Terms or use of the Services is prohibited.

In the event of a conflict between these Terms and a statement of work and/or customer agreement we have executed with the applicable Customer (“Customer Agreement”) separately prior to entering into these Terms, the provisions of such Customer Agreement, as applicable, shall prevail.

Table of Contents

  1. Use of Services
  2. Account Registration
  3. Account Termination
  4. Generation of Models
  5. Fees and Payment
  6. Content
  7. Restrictions on Customer Materials
  8. Use Restrictions
  9. Intellectual Property
  10. Indemnification
  11. Disclaimers and Disclaimer of Warranty
  12. Limitation of Liability
  13. Force Majeure
  14. Notices
  15. Miscellaneous

  1. Use of Services

    1. Subject to these Terms and the Customer Agreement, if applicable, Hexa allows you to access and use the Services on a non-exclusive basis. Other than with respect to any outstanding commitments under the Customer Agreement, Hexa may, at its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice and shall not be liable to you or any third party for any modification or discontinuance of Services.
    2. Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, or else have your parent’s or guardian’s permission to enter these Terms and have the ability to form a binding contract; (d) your use of the Services does not violate any applicable law or regulation or any obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Services.

  2. Account Registration

    1. Enterprise Platform. In order to use the Enterprise Platform along with other personnel of the Customer, you will need to have a registered account. We may register you to the Enterprise Platform manually and provide you with details to enable you to access your account or you may be able register independently by creating an account online. Whether the account is registered by us or by you, you must provide all registration information requested. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with improved Services. The individual who opens the Customer’s Account will be considered an “Administrator” of the account and will have full access to all features available in the Customer’s account. An Administrator may register additional authorized user accounts that will have access to the Customer’s account and configure the permissions for each individual authorized user account. Each additional authorized user will be required to complete the registration process and accept these Terms.
    2. HexaGen Platform. In order to use the HexaGen Platform, you will need to create an account and must provide all information as requested through the registration form. You can also register by logging in by way of a third-party account, such as your Google account. By registering, you represent that such account belongs to you. If you have an account on the Enterprise Platform, you will not be required to register independently for the HexaGen Platform. In such case, your use of the HexaGen Platform will solely be subject to these Terms and will no longer be subject to the Customer Agreement that governs the use of the Enterprise Platform in connection with the Customer.
    3. Hexa may refuse to open an account for any individual or entity at its sole discretion.
    4. You agree to notify us immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, Hexa will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Hexa harmless for any unauthorized, improper or illegal use of your account, and any charges and taxes incurred, unless you have notified us via e-mail at info@hexa3d.io that your account has been compromised and have requested that we block access to it, which we will do as soon as reasonably practicable. We do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.

  3. Account Termination

    1. You agree that Hexa may for any reason, at its sole discretion and without notice, suspend or terminate your account, and may remove any Content (as defined below) associated with your account and take any other corrective action it deems appropriate. Grounds for such termination or suspension may include (i) termination, suspension or expiration of the applicable Customer Agreement or Terms entered on behalf of the Customer for any reason; (ii) violation of the letter or spirit of these Terms; (iii) fraudulent, harassing or abusive behavior; or (iv) behavior that is illegal or harmful to other users, third parties, or the business interests of Hexa. If your account is terminated, you may not rejoin Hexa again without express permission. Upon termination of your account, you shall not have any further access to any Content that may be available through your account.
    2. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
    3. You may request termination of your Hexa account at any time and for any reason by sending an email to info@hexa3d.io. Following such request, Hexa shall close your account as soon as reasonably practicable. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension or termination and will not affect the Customer Agreement.
    4. Please note that in the event that you terminate your account, this will be final and will result in the immediate and irreversible deletion of all account data, including any remaining Credits (as defined below), whether purchased or allotted as part of the free monthly Credit allocation. Deleted accounts and Credits cannot be recovered.

  4. Generation of Models

    1. In order to use the Services and generate a Model, you will be required to upload certain materials, based upon which the Models may be developed and related information (“Customer Materials”). You may upload Customer Materials directly to the Services or, if using the HexaGen Platform, you may provide a textual description of the Models to be generated. Customer Materials may include pictures, serial numbers, descriptions, measurements, and other information that is relevant to the development of the Models.
    2. We reserve the right to refuse to undertake to generate any specific Model at our sole discretion and for any reason, including but not limited to lack of information or good quality Customer Materials.

  5. Fees and Payment

    1. The payment terms for use of the Enterprise Platform shall be as set forth in the Customer Agreement. Where no Customer Agreement is signed, pricing for the Enterprise Platform shall be in accordance with the pricing on Hexa’s website and in accordance with the plan for which you have registered.
    2. The HexaGen Platform functions on a credit-based subscription service. Credits can be utilized to access various features and services within the HexaGen Platform. Users can register for a basic free plan under which they will be allocated a limited number of credits at no cost or users may choose to upgrade to a paid plan under which they can subscribe and receive additional credits per month. The specific pricing tiers and the number of credits included at each tier are detailed on the HexaGen Platform website. Please note that unused free credits do not roll over to the subsequent month. When using credits, the highest priced credits will be used first, meaning that paid credits will be utilized before any free credits.
    3. If you wish to change your plan, your new plan will take effect starting the following month / year. Should you choose to discontinue your paid subscription, any purchased credits will remain in your account and available for use until depleted, without the need to maintain a paid subscription. The discontinuation of your subscription will halt the monthly or yearly credit top-up but will not affect your existing credit balance.
    4. To the extent permitted under applicable law, all purchases of credits are final and non-refundable. However, Hexa will comply with applicable consumer protection laws which may entitle you to a refund in certain circumstances. If you believe you are entitled to a refund under applicable law, please contact us at info@hexa3d.io. Each refund request will be assessed on a case-by-case basis in accordance with relevant consumer protection regulations.
    5. Credits are non-transferable and cannot be sold, gifted, or otherwise transferred to any other user or third party. Credits do not constitute currency or property and have no cash value. They are solely a means to access certain features and services within the HexaGen Platform as specified by Hexa.
    6. We reserve the right to make changes to the credit system, including adjustments to the number of free credits provided, pricing for additional credits, and policies related to the use and expiration of credits. Without derogating from generality of the previous sentence, where you are redirected to the third-party payment processor is Paddle.com Market Ltd., you will be subject to the terms at https://www.paddle.com/legal/checkout-buyer-terms.
    7. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing the use of that service. Please review the payment processor’s terms and conditions and privacy notice before using such services.
    8. Where applicable, in certain locations, taxes may also be charged.
    9. Please note that Hexa may impose or deduct foreign currency processing costs on or from any payments or payouts by Hexa in currencies other than U.S. dollars. When converting, prices may be rounded up to the nearest whole number.

  6. Content

    1. Certain types of content may be made available through the Services. “Content” as used in these Terms means, collectively, all content on or made available through the Services, including any images, previews, recommendations, or comments, or and any modifications or derivatives of the foregoing. It is clarified that the term “Content” does not include Models generated through the Services.

  7. Restrictions on Customer Materials

    1. Hexa has no obligation to accept any request to create a Model based on or maintain any Customer Materials. Moreover, Hexa reserves the right to remove and permanently delete any Customer Materials uploaded by you, without notice and for any reason. You are and shall remain at all times fully and solely responsible for any Customer Materials you upload to the Services. You represent and warrant that any Customer Materials that you provide (i) comply with applicable law; (ii) do not infringe or violate any third-party intellectual property rights, privacy or publicity rights, moral rights; and (iii) that you have all necessary rights and authorities to submit such Customer Materials.
    2. Without limiting the foregoing, you agree that you will not provide, submit or upload any Customer Materials or act in any way that: (1) restricts or inhibits use of the Services; (2) infringes (or results in the infringement of) the intellectual property rights, moral rights, publicity, privacy, or other rights of any third party; (3) is (or you reasonably believe or should reasonably believe to be) stolen, illegal, counterfeit, fraudulent, pirated, violent or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (4) does not comply with all applicable laws, rules and regulations; or (5) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component, (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive, or (f) any Personal Data of any individual.
    3. Hexa may, at its sole discretion, choose to monitor Customer Materials for inappropriate or illegal behavior, including through automatic means, provided however, that Hexa reserves the right to treat Customer Materials as content stored at the direction of users for which Hexa will not exercise editorial control except when violations are directly brought to Hexa’s attention.

  8. Use Restrictions

    1. You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Services without our prior written authorization, including framing or mirroring any part of the Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; (3) use the Services or content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (5) use or access another user’s account or password without permission; or (6) use the Services or content thereon in any manner not permitted by these Terms.

  9. Intellectual Property

    1. Hexa or its licensors, as the case may be, have all right, title, and interest in the Enterprise Platform, HexaGen Platform, Services and any content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, underlying source files all worldwide intellectual property rights, and the trademarks, service marks, and logos contained therein, whether registered or unregistered as well as all intellectual property created by Hexa and used in order to generate the Model (“Hexa IP”). Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Content of the Services for any purpose. You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Hexa or any third party. If you provide Hexa with any feedback regarding any content on the Services, Hexa may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.
    2. You or the Customer, as applicable, have all right, title, and interest in the Customer Materials you provide and all intellectual property rights related thereto. By submitting or uploading any Customer Materials, you grant Hexa and its successors and assignees a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license under any of your intellectual property, moral, or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, alter, and/or decompile such Customer Materials as necessary in order to develop the Model(s) and provide the Services.
    3. All Models are and shall remain part of Hexa’s database and may be used by Hexa in order to provide and improve the Services. You acknowledge that the use of Models (including Models created for you) and methods for creating previous Models allows Hexa to provide the Services in an efficient and cost-effective manner to its customers, including to you.
    4. Except where other terms have been agreed in a Customer Agreement, all Models generated through the Enterprise Platform or the HexaGen Platform and the intellectual property rights therein (excluding any Hexa IP), shall be considered jointly owned by Hexa and you (or the Customer, if applicable). To the extent other ownership terms are agreed in a Customer Agreement, the terms of the Customer Agreement will prevail.

  10. Indemnification

    1. You agree to indemnify, defend, and hold harmless Hexa and its employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, costs, losses, liabilities or expenses (including reasonable court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder; (d) your infringement of any right of any third party, including, without limitation, any intellectual property rights; and (e) any other matter for which you are responsible hereunder or under applicable law.

  11. Disclaimers and Disclaimer of Warranty

    1. Your use of the Services is at your sole discretion and risk. The Services, content thereon, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. While we make reasonable efforts to develop Models based on the Customer Materials you have provided and in accordance with your instructions and feedback, we do not make any warranties or representations in respect of the Services or the Models generated. We do not represent or warrant that Model(s) will be of good quality or useful for your needs.
    2. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE MODELS, SERVICES, CONTENT THEREOF (INCLUDING CUSTOMER MATERIALS), INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICES.
    3. We take no responsibility for the quality of the Model(s) or the use thereof by you or any other third party. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
    4. You acknowledge and agree that Hexa is not a data retention service. You therefore must create backups of your data, and Hexa shall have no responsibility or liability in respect of any loss of, damage to, or corruption of any such data.

  12. Limitation of Liability

    1. In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services, and quality of the Model(s). We assume no responsibility or liability with respect to any design of Model(s) and/or copies, including any copies and/or similar or substantially similar Model(s) ordered by other users through the Services. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the Internet or on the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, or any injury or damage to any person’s mobile device or computer resulting from use of the Services, from any Content posted on or through the Services, from downloading materials and/or uploading of any image and/or picture. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Hexa, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.
    2. IN NO EVENT SHALL HEXA OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE MODELS PROVIDED AS PART OF OR THROUGH THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT HEXA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE SIX MONTHS IMMEDIATELY PRECEDING THE APPLICABLE CLAIM OR CAUSE OF ACTION, IF APPLICABLE. IF YOU HAVE NOT MADE ANY PAYMENTS TO HEXA FOR USE OF THE SERVICES, THEN HEXA SHALL NOT HAVE ANY LIABILITY TOWARD YOU.

  13. Force Majeure

    1. Neither party will be liable for any default or delay in its performance of its obligations under these Terms to the extent caused by a natural disaster, act of God, act of war or terrorism, riot, third-party labor strike, pandemic, or other similar occurrence beyond its reasonable control, provided that the affected party makes all reasonable efforts to comply with its obligations despite the occurrence. The affected party shall, as soon as reasonably practicable, notify the other party of the occurrence. It is clarified that payment obligations hereunder may be delayed due to a force majeure event but will not be excused.

  14. Notices

    1. To provide an official notice in accordance with these Terms, either we or you may send a notice by courier, registered mail, or by email to the addresses we provide each other. Either party may assume its notice has been received one after: (1) business day following delivery by courier, four (4) business days following delivery by registered mail, and one (1) business day after email transmission.

  15. Miscellaneous

    1. These Terms shall be governed solely by the laws of the State of Israel and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Hexa or enables you to act on behalf of Hexa. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.

Last updated: June 2024