Terms of Service

Last update: 6th of May 2024

Definitions

Account” means a unique account created for You to access our Service or parts of our Service.

Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this document) refers to Synquest BV, a Belgian company with registered office at Leuvensesteenweg 246/1 1932 Zaventem and enterprise number 0781 364 692.

Content” refers to content such as text, images, audio files or other information that can be created, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Parties” means The Company and You.

Service” refers to the use of SceneHero application, its features and functionalities.

Terms of Service” (also referred as “Terms“) mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.

Website” refers to SceneHero, accessible from https://scenehero.synquest.io

You” (referred to as either “the User”, “You” or “Your” in this document) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Scope & acknowledgment

These are the Terms of Service governing the use of the current version of SceneHero and the agreement that operates between You and The Company. These Terms set out the rights and obligations of all users regarding the use of the Service.

By accessing or using SceneHero You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Service. 

Use of Services – Obligation of the Company

We shall take all commercially reasonable steps to prevent unauthorized access to or use of the data stored to enable the Service.  

We shall provide the Services in compliance with applicable laws and regulations.

We shall take all commercially reasonable steps to guarantee the availability of the service and of the created Content. 

Use of Services – Obligation of the User

You shall comply with the present Terms.

You shall provide accurate and complete Account data upon signing up, and maintain it current at all times.

You shall take all reasonable steps to prevent unauthorized access to or use of the Service.

You shall use the Service in accordance with all applicable laws and regulations.

You shall not sell, resell or rent the Service.

You shall not use the Service to record or transmit material that is illegal, defamatory or otherwise unlawful or tortious or to record or transmit material that violates a third party’s right to privacy,

You shall not use the Service to record or transmit malicious code

You shall not tamper with or disrupt the integrity or the performance of the Service or any third party data contained therein

You shall not attempt to gain unauthorized access to the Service or their associated systems or networks.

Content creation and intellectual property

The Service, 3D models, animations, features and functionality are and will remain the exclusive property of the Company. 

All Content provided by the User, such as the images, text and audio files, are the property of the User, who grants the Company a worldwide, irrevocable, non-exclusive, royalty-free license to store said content on our servers. 

Feedback

The User grants the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit any Feedback you provide the Company without restriction. 

Third-party websites & services

The Service may connect to third-party services that are not owned or controlled by the Company.

The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. 

Termination

In case these Terms are breached, we may terminate or suspend Your Account immediately. 

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service and stop your subscription. 

Liability

In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms).  

Governing law

These Terms shall be construed in accordance with and governed by the laws of Belgium.

In the event of disputes concerning the conclusion, execution, termination and/or interpretation of the Terms, the Parties commit themselves to enter into good faith discussions with a view of resolving the dispute amicably. 

In the event the Parties do not reach an amicable settlement, the competent courts of the enterprise court of Brussels will have exclusive jurisdiction to settle the dispute. 

Change to these terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new Terms, in whole or in part, please stop using the Website and the Service.