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Please read these Terms carefully. They limit our liability, they explain that Lan3D is an alpha product whose outputs are approximations you must verify yourself, and they set out when a payment can and cannot be refunded. By creating an account you agree to them.
1. Who these Terms are between
1.1 These Terms of Service (the "Terms") are a binding agreement between Codesis, MB, a small partnership (mažoji bendrija) incorporated in the Republic of Lithuania, company code 305522610, VAT number LT100013080113, registered office at Biržiškų g. 1E-42, LT-51436 Kaunas, Lithuania ("Codesis", "we", "us", "our"), and the person or organisation that registers for or uses the Service ("you", "your").
1.2 The "Service" means Lan3D: the website at lan3d.com, the Lan3D editor at app.lan3d.com, the guest editor, the Lan3D application programming interfaces, any other application we make available under the Lan3D name, and any related software, documentation, tutorials and support we make available, in each case as they exist from time to time.
1.3 If you do not agree to these Terms, do not register for, sign in to or use the Service. Nothing obliges you to accept them; the only consequence of not accepting is that you cannot have an account.
2. Acceptance, and the record we keep of it
2.1 You accept these Terms by ticking the acceptance box when you create an account, or — where we have changed them — by accepting the new version when we ask you to. Acceptance forms a contract on these Terms.
2.2 We record the version you accepted, the date and time, the account that accepted it, and the IP address and browser from which it was accepted. That record is our evidence of your acceptance, and we keep it for as long as a dispute about it could arise (see the Privacy Policy).
2.3 These Terms incorporate by reference our Privacy Policy at lan3d.com/privacy, which you accept separately at the same time. Any plan description on lan3d.com/pricing and any order or quote we issue to you also forms part of this agreement for the account it names.
2.4 We do not accept, and expressly reject, any purchase-order terms, supplier terms, vendor questionnaires or other terms you send us, even if we sign or acknowledge them, unless a director of Codesis agrees to them in a signed written document that refers to this clause.
3. Who may use the Service
3.1 Age. You must be at least 18 years old to register. The Service is not directed at children and we do not knowingly allow accounts for anyone under 18. If we learn that an account belongs to someone under 18 we will close it.
3.2 Businesses and consumers. The Service is offered both to businesses, professionals and other traders acting in the course of their trade, business, craft or profession ("business users") and to individuals acting outside it ("consumers"). Where these Terms treat the two differently, they say so. Where they do not, the same rule applies to both.
3.3 Consumers keep their statutory rights. If you are a consumer, nothing in these Terms limits or excludes any right you have under mandatory consumer-protection law — including under Directive (EU) 2019/770 on digital content and digital services, Directive 2011/83/EU on consumer rights, and the Civil Code and consumer-protection law of the Republic of Lithuania — that cannot be limited or excluded by agreement. Where a clause of these Terms conflicts with such a right, the right prevails and the rest of these Terms continues to apply.
3.4 Authority. If you register on behalf of an organisation, you confirm that you have authority to bind it, and "you" then means both you and that organisation, which are jointly and severally responsible under these Terms.
3.5 Sanctions. You confirm that you are not located in, ordinarily resident in, or acting on behalf of a person in a country or territory subject to comprehensive sanctions by the European Union or the United Nations, and that you are not on any sanctions or restricted-party list maintained by those authorities. We may close your account immediately if this stops being true.
4. An alpha product
4.1 The Service is in alpha. It is open to use, but it is not finished. Features will change, some will break, and some will be removed. Data may be lost. Plans, their limits and their prices may also change as the product develops; clause 9.8 says how a change reaches an existing subscription.
4.2 We may reset, migrate or delete alpha data. While the Service is in alpha, we may change how models, plans and other content are stored, and we may — where a change makes it necessary — reset, convert or delete content, after giving reasonable notice by email or in the product where we can. Export anything you cannot afford to lose.
4.3 Alpha features are provided as they are. Everything in clauses 13 (warranties) and 14 (liability) applies with particular force while the Service is in alpha, and we do not offer support commitments, service levels or compatibility guarantees for it.
4.4 Invitation-only access. We may require new accounts to be approved by us before they can use the Service, and we may refuse or delay approval at our discretion and without giving reasons. An account that has not been approved may be deleted by us or by you at any time.
5. Accounts
5.1 Registration. You may register with an email address and password, or by signing in with Google. You must give accurate, current and complete information and keep it up to date. We may refuse, suspend or close a registration at our discretion.
5.2 Identity-provider sign-in. If you sign in through Google, you authorise us to receive the profile information Google releases to us (your name, email address and profile picture). Your relationship with Google is governed by Google's own terms; we are not responsible for Google, for its availability, or for your losing access to your Google account.
5.3 Credentials. You are responsible for keeping your credentials confidential. You must not share credentials, let others use your account, or use anyone else's account. Each account is for one named person.
5.4 Activity on your account. You are responsible for everything done under your account, and for the acts and omissions of everyone you give access to your workspaces, models or projects. Tell us at the address in clause 21 without undue delay if you suspect unauthorised access to your account.
5.5 Workspaces, shared models and projects. The account that creates a workspace controls it: it may add and remove members, and may access, change, export and delete anything in it, including content other members created. The same is true of a model or project and the account that owns it. If your employer or another organisation gave you your account or your workspace, that organisation controls it and we will act on its instructions.
5.6 Link access. A project may be shared with someone through a private link that acts as their credential. Anyone holding the link can use it. If you share such a link, you are responsible for who receives it.
5.7 No automated or duplicate accounts. You must not register accounts by automated means, under a false identity, or create several accounts to get around plan limits, trials or quotas.
5.8 Service messages. We may send you messages about your account, security, billing and changes to the Service or these Terms. These are not marketing and you cannot opt out of them while your account exists.
6. The Service, plans and changes
6.1 Licence. Subject to these Terms and to payment of any fees that apply, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service for the term of your account. Business users may use it for their internal business purposes; consumers may use it for their own personal purposes.
6.2 Plans. Features, the number of sites or models, storage, seats, AI-generation allowances and other limits are determined by the plan on your account, as described at lan3d.com/pricing or in your order. Limits are both technical and contractual: you must not try to get around them. We may enforce a limit that we did not previously enforce.
6.3 Free plan. We may offer a free plan. We may change its limits, or withdraw it, at any time on reasonable notice. Nothing in these Terms obliges us to keep offering it.
6.4 Fair use. Where a plan describes something as "unlimited", that means without a fixed number in ordinary use by one person or team. It does not permit use that is excessive compared with similar customers, automated bulk generation, resale of capacity, or use that noticeably degrades the Service for others. We may contact you, apply rate limits, or require a plan change if your use is out of proportion.
6.5 Changes to the Service. We develop the Service continuously and may add, change, or remove features at any time. Where we remove or materially reduce a feature that is a core part of a paid plan, we will give at least 30 days' notice by email or in the product; if the change is materially to your detriment you may end the affected subscription with effect from the change date and we will refund the prepaid fees for the unused period. That refund is the only remedy we offer for such a change. Consumers also have the rights described in clause 3.3.
6.6 Third-party services. The Service depends on third-party services — authentication, hosting, payment processing, email delivery, analytics and AI-model providers. We are not responsible for those services, for their availability or for changes they make, and their failure is not a breach by us.
7. Acceptable use
7.1 You must not, and must not allow anyone else to:
(a) use the Service in breach of any law, regulation, sanctions regime or third-party right;
(b) upload, generate, store or send content that infringes anyone's intellectual property or privacy, or that is unlawful, defamatory, obscene, harassing, or depicts or facilitates the abuse of any person;
(c) upload material containing malware, or interfere with, disrupt, overload or damage the Service or the infrastructure it runs on;
(d) probe, scan or test the Service for vulnerabilities, or attempt to gain unauthorised access to it, to other accounts or to our systems, except with our written permission (see clause 7.3);
(e) reverse engineer, decompile or disassemble the Service, or attempt to derive its source code, algorithms, prompts or data structures, except to the extent that a restriction on doing so cannot lawfully be imposed;
(f) copy, frame, mirror, resell, sublicense, rent, lease or otherwise make the Service available to anyone other than the people you legitimately share your workspaces, models and projects with;
(g) use the Service or its outputs to build, train or improve a competing product, or publish benchmark results about the Service without our prior written consent;
(h) scrape, crawl or extract data from the Service by automated means other than through interfaces we document for the purpose, or get around any rate limit, quota, access control or technical protection;
(i) remove or alter any proprietary notice, watermark or attribution;
(j) use the AI features to generate content that is unlawful, that impersonates a real person or organisation, or that breaches the acceptable-use policy of the underlying AI provider; or
(k) present outputs of the Service as survey, engineering, planning or other regulated professional work where you are not qualified and entitled to issue such work (see clause 10).
7.2 Enforcement. We may investigate suspected breaches, remove or disable content, restrict features, suspend or close accounts, and report matters to the authorities. Where practicable we will tell you first, but we may act immediately where we reasonably believe there is a risk of harm, illegality, a security compromise or liability to us. We are not liable for loss arising from action taken in good faith under this clause.
7.3 Security research. Report suspected vulnerabilities to the address in clause 21. Do not test against other people's accounts or in ways that degrade the Service. We do not run a bug-bounty programme; reporting does not entitle you to payment.
8. Your content
8.1 Definition. "Your Content" means everything you upload to, create in or generate through the Service — including site plans, terrain models, reference photographs, site photographs, textures, custom objects, notes, tasks, comments, exported files, and AI-generated renders and objects produced from your inputs.
8.2 You own it. As between you and us, you own Your Content and the intellectual-property rights in it. We claim no ownership of it.
8.3 Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, cache, back up, reformat, adapt and display Your Content, and to create technical derivatives of it (compressed, tiled or rendered forms), solely to the extent necessary to provide, secure, maintain and support the Service to you, to comply with law, and to enforce these Terms. The licence ends when Your Content is deleted from our systems, subject to backups that expire on our ordinary cycle and to clause 8.8.
8.4 AI providers. Content you submit to an AI feature — a photograph, a prompt, a plan — is sent to the third-party AI provider that powers that feature (currently providers operated by Google, OpenAI and Anthropic; see the Privacy Policy for the current list). We use those providers on terms under which they do not train their general models on your inputs, but we do not control their systems and give no warranty about their acts or omissions. Do not submit content to an AI feature if you are not allowed to disclose it to a third party.
8.5 Aggregated data. We may produce and use aggregated, de-identified statistics derived from use of the Service (feature usage, error rates, model-complexity distributions) to operate, secure, analyse and improve it, and we may publish such statistics provided they do not identify you and do not contain Your Content.
8.6 Improving the Service. In addition to clause 8.3, you grant us a licence to use Your Content, and data derived from it, to develop, test and improve the Service and the automated and machine-learning features behind it. We de-identify Your Content for this purpose wherever practicable, we do not sell it, and we do not publish it. De-identified data derived from Your Content, and improvements to the Service made with it, may be retained after Your Content is deleted. Where Your Content contains personal data, this use is governed by the Privacy Policy (section 3.12), including your right to object to it.
8.7 Your responsibility for it. You confirm that you have all rights, licences, consents and permissions needed for Your Content and for our processing of it under these Terms — including for survey data, aerial or satellite imagery, photographs, CAD files and any personal data it contains (a photograph of a site may show people, vehicles or homes). You are solely responsible for the legality, accuracy and appropriateness of Your Content.
8.8 Removal. We may remove or disable access to content that we reasonably believe breaches these Terms, infringes someone's rights, or exposes us to liability. Where we lawfully can, we will tell you.
8.9 Backups are for us, not for you. We take operational backups for our own resilience. They are not a customer backup, archive or disaster-recovery service; we do not guarantee any recovery point or recovery time; and we do not restore individual accounts or files as a matter of right. Keep your own copies of anything you cannot afford to lose, using the export features we provide.
9. Fees, renewal, cancellation and refunds
9.1 Fees. Fees for paid plans are those shown at lan3d.com/pricing, or in your order, at the time you subscribe, in euro. Unless stated otherwise, fees are charged per account (or per seat, for team plans) per billing period, in advance.
9.2 Payment processor. Payments are processed by Stripe. By subscribing you also accept Stripe's terms and authorise recurring charges to your payment method. We do not store your full card details.
9.3 Automatic renewal. Paid subscriptions renew automatically for successive periods of the same length at the then-current price, and your payment method is charged on each renewal date, until you cancel. Before the first charge we will show you the price, the billing period, the fact that it renews automatically, and how to cancel.
9.4 Cancellation. You may cancel at any time from the billing settings in the Service. Cancellation takes effect at the end of the current paid period; you keep your paid features until then, and you are not charged again. Cancelling does not by itself refund the current period.
9.5 Refunds — business users. If you are a business user, all fees are non-refundable and payments are not pro-rated, including for partial periods, unused seats, unused allowances, downgrades, features you did not use, or periods after you stopped using the Service, except where clause 6.5, clause 17.2 or clause 18 provides otherwise or where we agree in writing.
9.6 Refunds and the right of withdrawal — consumers. If you are a consumer in the European Union or the European Economic Area, you have a statutory right to withdraw from a contract for a paid plan within 14 days of the day you subscribe, without giving a reason. The following applies to that right:
(a) Starting to use the plan is a request for immediate supply. When you subscribe, we ask for your express consent to begin supplying the paid service immediately, during the 14-day withdrawal period, and for your acknowledgement of the consequences below. Your subscription starts only after you give that consent.
(b) If you withdraw after you have started using the plan, you pay for what you used. Where you withdraw within the 14 days after having asked us to begin supply, you must pay us an amount proportionate to the service supplied up to the moment you told us you were withdrawing, compared with the full period of the subscription, and we refund the rest. This is what Article 14(3) of Directive 2011/83/EU and the corresponding provisions of the Lithuanian Civil Code provide. A refund is therefore not guaranteed to be a full refund once you have used the plan, and if you have used a material part of the billing period the amount refunded may be small or nothing.
(c) The right of withdrawal is lost once the service is fully performed. Where the billing period you paid for has run in full with your prior express consent and acknowledgement, the right of withdrawal no longer applies to that period.
(d) One-off digital content. Where you buy one-off digital content that is not supplied on a tangible medium — for example a package of AI-generation credits — supply begins immediately with your express consent and your acknowledgement that you thereby lose your right of withdrawal, and no refund is due for it once supply has begun.
(e) How to withdraw. Tell us by email at the address in clause 21, or by using the model withdrawal form at the end of these Terms. It is enough to send the notice before the 14 days end. We will refund what is due, without undue delay and no later than 14 days after we receive your notice, to the payment method you used.
(f) After 14 days. Outside the withdrawal period, fees are non-refundable in the same way as for business users (clause 9.5), except where a mandatory statutory right — in particular your rights if the Service does not conform to the contract under Directive (EU) 2019/770 — requires otherwise.
9.7 Discretionary refunds. Where we are not obliged to refund, we may still choose to. Any refund we give voluntarily is a gesture of goodwill, is not an admission that one was due, and does not oblige us to refund anyone else or you again.
9.8 Price changes. We may change prices. For an existing subscription, a price change takes effect at the next renewal and we will give at least 30 days' notice by email before that renewal. If you do not accept the new price, cancel before the renewal date; continuing past that date is acceptance of it.
9.9 Failed payments. If a charge fails we may retry it, and we may restrict your account to the free plan's limits or suspend it under clause 16 until payment succeeds. Business users must reimburse our reasonable costs of recovering overdue amounts, which bear interest at the statutory rate for late payment in commercial transactions.
9.10 Taxes. Prices shown to consumers include VAT. Prices shown to business users exclude VAT and any other applicable taxes, which you must pay in addition. You are responsible for the accuracy of any VAT number or exemption you give us.
9.11 Discount codes. Discount codes are subject to their stated conditions, may be withdrawn before redemption, have no cash value, cannot be combined unless stated, and apply only for the period stated. We may void a code obtained by error, fraud or in breach of its conditions.
9.12 Billing disputes. Tell us about a billing dispute within 30 days of the charge, and before you ask your bank to reverse it. An unjustified chargeback is a material breach of these Terms.
10. What happens when a paid plan ends
10.1 Your account drops to the free plan. When a paid subscription ends — because you cancelled, because it was not renewed, or because payment failed — your account is not deleted. It continues on the free plan, and the free plan's limits apply.
10.2 Content above the free limit is locked, not deleted. Where you hold more sites, models or other content than the free plan allows, we may lock the excess so that you can view and export it but not edit it, and we may prevent you from creating new content beyond the limit until you subscribe again or reduce what you hold. We may also make paid features (such as AI generation, version history, live sync or shared workspaces) unavailable.
10.3 Export before it ends. Which export formats are available may depend on your plan, and we do not guarantee that any particular format will remain available. Export your work before your subscription ends.
10.4 Retention. We will keep locked content for at least 12 months after the paid period ends, after which we may delete it. Before doing so we will give at least 30 days' notice to your registered email address; keeping that address current and monitored is your responsibility. We may also delete an account and its content, on the same notice, where it has had no successful sign-in for 24 months.
10.5 Deletion at your request or for cause. If you delete your account, or if we close it for your material breach under clause 16, Your Content may be deleted immediately and permanently, without the retention period in clause 10.4. Deletion is irreversible. Residual copies may persist in backups until they expire on our ordinary cycle, and we may keep data where law requires (see the Privacy Policy).
10.6 Reactivation. Subscribing again unlocks content that is still retained. We do not guarantee that deleted content can be restored and have no obligation to try.
11. Accuracy of outputs — no professional advice, no reliance
This clause allocates the risk of relying on what the Service produces. It is the most important clause in these Terms for anyone who digs, builds or quotes on the basis of a model.
11.1 A modelling and visualisation tool. Terrain surfaces, altitudes, slopes, contour lines, cross-sections, cut-and-fill volumes, measurements, areas, photorealistic renders and AI-generated objects are computed approximations derived from the inputs you supply and from assumptions, interpolation and generative models built into the Service. A plan traced over a photograph is only as accurate as the photograph and the tracing.
11.2 Not survey-grade, not professional advice. Outputs are not a land survey, a geotechnical assessment, a structural or civil engineering calculation, a drainage or hydrological analysis, a cost estimate, a planning or zoning determination, an environmental assessment, or advice of any regulated kind. They are not produced by, and do not substitute for, a licensed surveyor, engineer, architect or other qualified professional.
11.3 You must verify independently. Before relying on any output for any decision — and in particular before using it for excavation, earthworks or construction; for quantities, ordering or pricing; for contracts, tenders or bids; for planning, permit or regulatory submissions; for safety assessments; for property transactions; or for any statement to a third party — you must verify it independently by field survey, by qualified professional review, or by other appropriate means.
11.4 No reliance. You accept that outputs may contain errors, including errors arising from your input data, from interpolation between sparse altitude points, from a misread scale, unit or coordinate, from software defects, and from the non-deterministic behaviour of AI models. You use outputs entirely at your own risk, and we accept no responsibility for any decision you or anyone else makes on the basis of them.
11.5 Professional use. If you use the Service in professional practice you remain solely responsible for your own work product, your professional duties, your professional-indemnity insurance and everything you tell your own clients. You must not tell anyone that we have verified, approved, certified or take responsibility for an output.
11.6 Third parties. If you share an output with a client or anyone else, you do so on your own account. We owe no duty of care to anyone other than you, and no one else may enforce these Terms.
12. AI features
12.1 How they work. Some features send your inputs to third-party AI models to generate images, objects or text. Which provider or model is used is our operational choice and may change without notice.
12.2 Outputs are not unique. Similar or identical outputs may be generated for other users. We make no representation that an output is original, novel or free of third-party rights, and we give no warranty of non-infringement for AI output.
12.3 Ownership. As between you and us, and to the extent such output is capable of being owned, you own the AI output generated from your inputs, subject to clause 12.2 and to the AI provider's terms. AI-generated material may not attract copyright protection in some jurisdictions.
12.4 Your responsibility. You are responsible for reviewing AI output before using it, for its accuracy and legality, for any obligation you have to disclose that material is AI-generated, and for making sure your inputs may lawfully be sent to a third-party provider.
12.5 Allowances and failures. AI features consume allowances under your plan. A generation that fails, is rejected by a provider's safety filter, or produces a result you do not like may still consume an allowance. Providers impose their own restrictions, queues, rate limits and outages, which are outside our control.
13. Our intellectual property
13.1 We and our licensors own all rights in the Service, including its software, source code, algorithms, procedural generators, object library, textures, user interface, designs, documentation, tutorials and trade marks. Apart from the licence in clause 6.1, no rights are granted to you, expressly or by implication.
13.2 Feedback. If you give us suggestions, ideas or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use them without restriction, attribution or payment.
13.3 You must not use our name, logo or trade marks without our prior written consent, other than to state factually that you use the Service.
14. Availability and support
14.1 No uptime commitment. The Service is provided on a reasonable-efforts basis. We do not commit to any level of availability, uptime, response time or performance, and we offer no service-level agreement or service credits unless we have signed one with you.
14.2 Interruptions. The Service may be unavailable or degraded because of maintenance, updates, capacity, security measures, failures of third-party providers, or events outside our control. We may perform emergency maintenance at any time without notice.
14.3 Support. Support is provided by email on a reasonable-efforts basis. We do not guarantee that any issue will be resolved or resolved within any time.
15. Disclaimer of warranties
15.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, ALL OUTPUTS AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.
15.2 We disclaim all warranties, conditions, representations and terms, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, title and non-infringement, and any warranty arising from course of dealing or usage of trade.
15.3 In particular, we do not warrant that: (a) the Service will be uninterrupted, timely, secure or error-free; (b) any output will be accurate, complete, reliable, current or fit for any purpose; (c) defects will be corrected; (d) the Service or the systems that deliver it are free of malicious code; (e) Your Content will not be lost, corrupted or altered; or (f) the Service will meet your requirements or produce any particular result.
15.4 No advice or information, oral or written, obtained from us or through the Service creates any warranty not expressly stated in these Terms.
15.5 Consumers. This clause does not exclude any warranty that cannot lawfully be excluded, and if you are a consumer it does not affect your statutory rights to a service that conforms to the contract (clause 3.3). Those rights are your remedy where the Service does not conform, and this clause is not intended to reduce them.
16. Limitation of liability
Read this clause carefully. It limits what you can recover from us.
16.1 Losses we are not liable for. To the fullest extent permitted by law, we are not liable — in contract, tort (including negligence), breach of statutory duty, restitution or otherwise, even if advised of the possibility and even if foreseeable — for any of the following:
(a) loss of profit, revenue, sales, business, contracts or opportunity; (b) loss of anticipated savings; (c) loss of or damage to goodwill or reputation; (d) loss, corruption of, or inability to access data, models or Your Content; (e) the cost of substitute goods or services; (f) business interruption, downtime, or wasted management or staff time; (g) construction, excavation, earthworks, material, remediation or rework costs, cost overruns, delay costs, liquidated damages or penalties arising from reliance on any output of the Service; (h) claims brought against you by third parties, including your clients; or (i) any indirect, special, incidental, punitive or consequential loss.
16.2 Cap. To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with these Terms and the Service, for all claims together, will not exceed the greater of (a) the total fees you actually paid us for the Service in the twelve months immediately before the first event giving rise to the claim, and (b) one hundred euro (EUR 100).
16.3 Free use. Where you use the Service free of charge — the free plan, a trial, beta or alpha features, evaluation access — our total aggregate liability is limited to fifty euro (EUR 50), to the fullest extent permitted by law.
16.4 One cap. The cap is a single aggregate cap across all claims; several claims do not increase it.
16.5 What we do not exclude. Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) intentional misconduct or gross negligence (which Article 6.252 of the Civil Code of the Republic of Lithuania does not permit to be excluded); (d) if you are a consumer, any liability that mandatory consumer law does not allow to be excluded or limited; or (e) any other liability that cannot lawfully be excluded or limited.
16.6 Why the limits are what they are. The fees — and the fact that much of the Service is free — reflect this allocation of risk. We could not offer the Service on these terms without it. If you need protection beyond these limits, insure for it.
16.7 Time limit for claims. To the fullest extent permitted by law, you must bring any claim arising out of these Terms or the Service within twelve months of the date on which you first became aware, or ought reasonably to have become aware, of the facts giving rise to it, failing which the claim is barred. This clause does not shorten a limitation period that mandatory law fixes for consumers.
16.8 Your liability. No cap in this clause applies to fees you owe us, to a business user's indemnity under clause 17, to your breach of clause 7 (acceptable use), or to your infringement of our intellectual-property rights.
17. Indemnity and responsibility for your use
17.1 Business users. If you are a business user, you will indemnify, defend and hold harmless Codesis, its members, managers, employees, contractors and agents against all claims, demands, proceedings, losses, damages, fines, penalties, and reasonable legal and professional costs arising out of or in connection with: (a) Your Content, including any allegation that it infringes someone's rights or breaks the law; (b) your use of the Service or of any output, including any decision taken or work product issued in reliance on it; (c) any claim brought against us by your client, employer or any other third party in connection with your use of the Service; (d) your breach of these Terms; (e) your breach of any law, including data-protection law; or (f) any act or omission of anyone you gave access to your account, workspaces, models or projects. We will notify you of a claim, give you reasonable control of its defence (no settlement that admits liability on our part or imposes obligations on us without our written consent), and co-operate reasonably at your cost.
17.2 Consumers. If you are a consumer, clause 17.1 does not apply. You are responsible, as the law provides, for loss we suffer because of your breach of these Terms or your unlawful use of the Service.
18. Data protection
18.1 How we handle personal data is described in the Privacy Policy at lan3d.com/privacy, which you accept when you create an account.
18.2 Where Your Content contains personal data about other people — a site photograph showing a neighbour, a task assigned to a contractor — you are the controller of that data and we process it on your behalf as your processor, on the terms in the Privacy Policy. If you need a separate data-processing agreement, ask us at the address in clause 21.
18.3 You are responsible for having a lawful basis for the personal data you put into the Service, for giving any notices the people concerned are entitled to, and for not uploading special-category data (health, biometric, and similar) unless we have agreed to it in writing.
19. Suspension and termination
19.1 By you. You may cancel a paid subscription under clause 9.4 and delete your account at any time from within the Service or by asking us. Deleting your account is subject to clause 10.5.
19.2 By us, for convenience. We may close a free account, or a paid subscription with effect from the end of its current paid period, on 30 days' notice. Where we close a paid subscription mid-period for convenience, we will refund the prepaid fees for the unused period, and that refund is your only remedy.
19.3 By us, for cause. We may suspend or close your account immediately, without refund, if: (a) you materially breach these Terms and, where the breach can be put right, fail to do so within 7 days of our notice; (b) you breach clause 7 in a way that risks harm, illegality or liability; (c) a payment is more than 14 days overdue; (d) you become insolvent or cease to carry on business; (e) continuing to provide the Service to you would, in our reasonable opinion, break the law or an obligation we owe to someone else; or (f) a competent authority requires it.
19.4 Suspension. We may suspend access, wholly or partly, where we reasonably believe it necessary to protect the Service, other users, a third party or ourselves — for a suspected security compromise, for example, or for non-payment. Suspension does not relieve you of fees for the suspended period unless the suspension was caused solely by our fault.
19.5 Effect. When your account ends, the licence in clause 6.1 ends and you must stop using the Service. Clause 10 governs what happens to Your Content. Clauses 8.2–8.9, 9 (for fees already due), 10, 11, 13, 15, 16, 17, 18, 19.5, 20 and 22 survive.
20. Discontinuing the Service
20.1 The Service is a new product and we may decide to discontinue it, in whole or in part. If we discontinue the Service entirely we will give at least 30 days' notice by email to registered accounts, keep export functions available during the notice period where technically feasible, and refund prepaid fees for the unused period.
20.2 That notice and refund are your only remedy for discontinuation. We are not liable for any other loss arising from it, including any loss described in clause 16.1. Consumers also have the rights described in clause 3.3.
21. Contact and notices
21.1 Codesis, MB, Biržiškų g. 1E-42, LT-51436 Kaunas, Lithuania. Email: hello@lan3d.com. This one address is for support, legal notices, security reports and data-protection requests.
21.2 We may give you notice by email to your registered address or in the product. You give us notice by email to the address above. Notice by email is deemed given on the next business day after sending.
22. Changes to these Terms
22.1 We may change these Terms. For changes that materially and adversely affect you we will give at least 30 days' notice by email or in the product before they take effect, and we will update the version number and effective date at the top of this page. Other changes — clarifications, corrections, and changes required by law — take effect when published.
22.2 We will ask you to accept the new version. When we publish a new version, the Service will ask you to accept it before you continue. If you do not wish to accept it, you may delete your account instead, and if you have prepaid for a period that has not yet run we will refund the unused part.
22.3 Continuing to use the Service after a change takes effect, or accepting the new version when asked, is acceptance of the changed Terms.
23. General
23.1 Force majeure. We are not liable for any failure or delay caused by an event beyond our reasonable control, including natural disaster, war, terrorism, civil unrest, epidemic, industrial action, failure of utilities, internet or telecommunications, cyber-attack, failure of a third-party provider, or governmental action.
23.2 Governing law. These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes), are governed by the law of the Republic of Lithuania, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.
23.3 Courts. The courts of the Republic of Lithuania, with venue in Kaunas, have exclusive jurisdiction over any dispute. If you are a consumer, this does not deprive you of the protection of the mandatory law of the country where you habitually reside, nor of your right to bring proceedings in the courts of that country.
23.4 Consumer dispute resolution. If you are a consumer and we cannot resolve a complaint between us, you may apply to the State Consumer Rights Protection Authority of the Republic of Lithuania (Valstybinė vartotojų teisių apsaugos tarnyba, Vilniaus g. 25, LT-01402 Vilnius, www.vvtat.lt), which handles consumer disputes out of court, or use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr. Neither is a condition of going to court.
23.5 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them to an affiliate, or in connection with a merger, acquisition, reorganisation or sale of assets, on notice to you.
23.6 Entire agreement. These Terms, the Privacy Policy and any order form are the entire agreement between us about the Service and replace all earlier discussions and understandings. Business users confirm that they have not relied on any statement not set out in these Terms. Nothing limits liability for fraudulent misrepresentation.
23.7 Severability. If a provision is held invalid or unenforceable, it is to be read down to the minimum extent needed to make it enforceable, or if that is not possible, severed; the rest continues in force. If a limitation in clause 16 is unenforceable for one type of loss or one claimant, it continues to apply to all others.
23.8 No waiver. A failure or delay in enforcing a right is not a waiver of it.
23.9 No partnership. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.
23.10 Third-party rights. No one other than you and us has any right to enforce these Terms.
23.11 Language. These Terms are made in English. We may publish translations for convenience; where a translation and the English text differ, the English text prevails, except where mandatory law — including the law that entitles a consumer to information in the official language of their country — requires otherwise.
Annex — Model withdrawal form (consumers only)
Complete and return this form only if you are a consumer and wish to withdraw from a paid subscription within 14 days of subscribing (see clause 9.6).
To: Codesis, MB, Biržiškų g. 1E-42, LT-51436 Kaunas, Lithuania — hello@lan3d.com
I hereby give notice that I withdraw from my contract for the supply of the following service: Lan3D — plan: ______________________
Subscribed on: ______________________
Name of consumer: ______________________
Email address of the Lan3D account: ______________________
Date: ______________________
Signature (only if this form is sent on paper): ______________________