Terms of Conditions Software
Last updated on: 14-05-2023
Section 1: Eligibility
To use Ignotus Gear, you must be of legal age to consent to the processing of your personal data in your country of residence, which varies by location (e.g., 13 in the US, 16 in the EU, no minimum age in AUNZ, etc.). Additionally, you must meet all eligibility requirements set forth by Ignotus Gear in the Documentation for an Offering or on the Site, as verified by Ignotus Gear or its third-party partners to Purchase Educational Versions, including the Ignotus Gear License Grant Program Qualification Criteria if applicable.
If you are under 18 years old or under the legal age of majority in your location, you may only make Purchases or submit User Content to Ignotus Gear with the authorization of your legal guardian. You and your legal guardian must read, understand, and agree to these Terms before making any purchases or submitting User Content.
By using Ignotus Gear, you represent and warrant that:
(a) you have the legal capacity to agree to the Terms;
(b) you are not located in a country that is embargoed by the United States and you are not on the U.S. Treasury Department’s list of Specially Designated Nationals;
(c) you will comply with all applicable laws and regulations in connection with your use of the Services, including but not limited to applicable Federal Trade Commission rules and COPPA;
(d) you agree to the terms and conditions specified in the Terms.
Section 2: Acceptance
When you register an account, begin the Purchase process, or use any of the Offerings (including access a “free,” basis) provided by Ignotus Gear, you are acknowledging and agreeing to be legally bound by these Terms. This means that you become a party to a binding contract with Ignotus Gear. If you do not agree to these Terms, you are not authorized to Purchase or use the Offerings.
If you are acting on behalf of a company or other legal entity (such as an employee or contractor), you are accepting these Terms on behalf of that entity. Alternatively, if you are an individual acting on your own behalf, you accept these Terms for yourself. In this context, “You” refers to the entity or individual who is agreeing to these Terms.
It is important to note that you must have the legal right, authority, and capacity (such as being of sufficient legal age) to act on behalf of and bind any entity (if applicable) and yourself. By accepting these Terms, you are representing and warranting that you meet these requirements.
Section 3: Additional Terms; Commercial Terms
Some of the Offerings provided by Ignotus Gear may have Additional Terms. These Additional Terms are considered to be part of these Terms and must be followed in conjunction with them. If you choose to Purchase or use any such Offering, you are accepting the applicable Additional Terms.
In addition, you may also have a separate agreement with an Ignotus Gear entity, such as an enterprise business agreement, which may supplement, amend, supersede or replace these Terms. This agreement is known as “Commercial Terms”. Please note that these Commercial Terms are binding and must be followed in conjunction with these Terms.
Section 4: Right of Return or Refund
The sales made by Ignotus Gear are considered final, and no refunds will be granted, except in cases where the law requires it.
Section 5: Your Account
To use most of the Offerings provided by Ignotus Gear, you must register for an Ignotus Gear account. In order to create an account, you will need to provide certain information and either create a username and password.
Each Ignotus Gear account is associated with one individual. You are responsible for anyone who purchases or uses Offerings through your account, and any action or omission of such person that does not comply with these terms will be considered as an action or omission by you.
It is your responsibility to keep your password secure and not disclose it to any third party. You must immediately notify Ignotus Gear of any unauthorized use of your account or any account. Any information you provide to Ignotus Gear must be accurate, current, and complete, and you will update it as necessary. If any information you provide proves to be inaccurate, not current, or incomplete, Ignotus Gear may suspend or terminate your account.
You may close your account at any time by sending an email to hello@ignotusgear.com. However, you must pay any outstanding amounts owed to Ignotus Gear before closing your account.
If your Ignotus Gear account is canceled, terminated, or suspended, you will lose the ability to access and use your account and any user content that you have uploaded or stored using any Offering. Ignotus Gear may immediately delete such user content at the time of cancellation, termination, or suspension of your account, and Ignotus Gear will not be liable to you or any third party for such deletion of your user content or your loss of access and use of your account.
Section 6: Privacy
Ignotus Gear’s Privacy Policy outlines how we may gather, utilize, save, and handle your personal information, including any information provided as part of User Offering Data. It also explains how you may request the deletion of your personal information. By using Ignotus Gear’s Offerings, you acknowledge that you have read and comprehended our Privacy Policy. You also agree that we may communicate with you and send you messages regarding our Offerings.
Section 7: Data
You are not allowed to share or reveal Reporting Data, including anonymous, aggregated, or derived data, to any third party or make it public unless the Documentation permits it. To use certain services offered by Ignotus Gear, or for Ignotus Gear to provide you with certain services, you may need to provide User Offering Data. When you provide or make User Offering Data available to Ignotus Gear, you authorize and grant Ignotus Gear and its designees the right and license to use the User Offering Data to provide, develop, and enhance the Offerings and other Ignotus Gear services, and to offer support services to you under these Terms. If applicable, you will give all notices and obtain all required consents from End Users to permit the foregoing. The license and right granted herein are non-exclusive, transferable (in accordance with the “Assignment” section), worldwide, royalty-free, and fully paid-up.
Concerning any End User data arising from your or any End User’s use of the Offerings, you agree that Ignotus Gear may use the End User data (including individual user data) in accordance with applicable laws and its current privacy policy. Occasionally, Ignotus Gear may, notwithstanding any other provision of these Terms, use aggregated or de-identified End User data for research and marketing purposes and to provide, develop, and enhance the Offerings and other Ignotus Gear services and to provide technical support services to you under these Terms. You agree that Ignotus Gear has the right to process, in an aggregate manner and subject to its current privacy policy, the information collected from your use of the Offerings, including data collected via the Offerings on the characteristics and activities of End Users on your Projects.
Unless expressly required by Ignotus Gear (e.g., as set out in Additional Terms or when a credit card number is needed for a subscription purchase), you must not upload or provide Sensitive Personal Information, including any files containing Sensitive Personal Information, in connection with your use of any Offering. Sensitive Personal Information means Social Security number, credit or debit card number, financial account number, driver’s license or other governmental ID numbers, medical information, health insurance information, information related to race or ethnic origin, religion or other beliefs, political affiliation or opinions, genetic or biometric data, criminal background, sexual orientation, trade union membership, or any other information that may pose a risk of harm to an individual if improperly accessed, disclosed, or used.
You guarantee that with respect to any data collected by Ignotus Gear, provided by you to Ignotus Gear, or to which you grant Ignotus Gear access under or in connection with these Terms, which constitutes “personal data” or “personal information” as defined under applicable privacy and data protection laws, you have and will comply with such laws. Such compliance by you includes, but is not limited to, providing clear, meaningful, and prominent notices to, making all required disclosures to, and obtaining the necessary consent or permission from any individual to whom such data relates regarding the collection, disclosure, transfer, use, and security of such data as required by law, applicable Terms of Service, and any Additional Terms.
Section 8: Fees
The pricing and usage rates for specific Ignotus Gear offerings can be found in the pricing section on the homepage. Ignotus Gear reserves the right to add or modify fees, rates, and charges for any of its offerings by notifying you of such changes and/or posting them to the pricing section, which may include changes posted to the website. If you continue to use an offering after a change has been made, it implies that you accept and agree to the updated terms.
You are responsible for paying all amounts due for the offerings in accordance with the applicable Offering Identification and, if applicable, those of any payment processor. Failure to make payments on time may result in Ignotus Gear suspending your access to or use of any offerings. Unless specified otherwise, all payments will be made in Euros, and if an offering requires or allows monthly invoicing, you must pay in full no later than thirty (30) days from the date of the invoice to the bank account designated by Ignotus Gear.
Payments made under these terms should not be reduced by any withholding taxes, levies, imports, duties, charges, and fees imposed by any governmental taxing authority, except as required by law. If such deductions are necessary, you must pay Ignotus Gear the additional amounts required to ensure receipt of the full amount that would have been received without the deduction. You are responsible for promptly paying all taxes, levies, imports, duties, charges, and fees of any kind associated with any purchase of offerings, except for taxes based on Ignotus Gear’s net income. If Ignotus Gear must collect any tax for which you are responsible, you will pay it directly to Ignotus Gear or its payment processor. Ignotus Gear reserves the right to collect any applicable sales, use, or value-added tax.
You acknowledge and agree that, for certain offerings, any fee and charge estimates provided to you by Ignotus Gear (for instance, based on assumed data consumption) are merely estimates based on assumptions, and that you are fully responsible for any actual fees and charges that accrue.
Section 9: Billing
When you make a purchase of Ignotus Gear’s Offerings, you will be required to provide standard billing information, including your name, company name, billing address, credit card details, and VAT or GST number, either to Ignotus Gear or to its third-party payment processor. Note that you cannot add or change VAT or GST numbers after the purchase is completed. By providing billing information to Ignotus Gear or its payment processor, you:
(a) confirm that you are authorized to use the payment method and account linked to the billing information,
(b) agree to pay Ignotus Gear for all purchases, including any applicable taxes, made through the Site or the Offerings
(c) authorize Ignotus Gear or its payment processor to charge your credit card or process your payment for any fees or purchases incurred by you.
If you are directed to a third-party payment processor, you will be bound by its terms and conditions and privacy policy, and you are responsible for reviewing them before using the service.
Section 10: Subscription
When you subscribe to any of our offerings, you are entering into an agreement for a specified, limited-term, which is disclosed to you at the time of purchase. When the term of your subscription ends, it will automatically renew for another term at the prevailing price and terms for the offering, unless otherwise specified in the offering details. You will have the option to cancel your subscription before it renews. If your subscription automatically renews, you will be charged the subscription fee for the next term.
Section 11: Software
If you purchase any software or an offering that includes software from Ignotus Gear, the software will be made available to you for download through your account or other electronic means or delivered to you by Ignotus Gear or an Ignotus Gear-authorized third party at Ignotus Gear’s discretion.
You are allowed to make one backup copy of the software you have subscribed to during your subscription term. Please note that any software made available or delivered to you by Ignotus Gear is for your use for a limited subscription term only and is not sold to you. You are not allowed to transfer or assign the software, except to the extent expressly permitted by applicable law notwithstanding a contractual prohibition to the contrary. Additionally, your subscription to an online service does not give you any rights to the underlying software used to provide the online service.
Section 12: Offerings
For any Offering that Ignotus Gear makes available to you, you are granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Offering, in the form made available by or for Ignotus Gear, solely for your personal or internal business purposes, and in accordance with the Documentation for the Offering. The applicable Additional Terms will include additional rights to each Offering. Your right to use the Offering is conditioned upon your compliance with these Terms, any applicable Additional Terms, payment obligations, and eligibility requirements as set forth in the Documentation. Your use of the Offering does not grant you any right to access or use any other Ignotus Gear Offering, and you may only access or use Offerings that are included in your Purchase.
Plans
Each Ignotus Gear Plan provides you with a subscription to access the designated Software for that particular Plan, as well as the Plan Benefits associated with it. Your use of Software as part of your Ignotus Gear Plan is subject to the terms and restrictions outlined in this agreement for the applicable tier of the Software. The Plan Benefits specific to your Ignotus Gear Plan can be found in the Offering Identification. Ignotus Gear reserves the right to modify Plan Benefits at its sole discretion. Your Plan Benefits may include access to certain Offerings. Software and Offerings may be bundled together, including as part of an Ignotus Gear Plan.
Section 13: Access and Use
To Purchase or continue using an Offering, you may need to log in to your Ignotus Gear account. Certain Offerings may automatically connect your devices to the internet intermittently or regularly, such as to check for software updates, provide Ignotus Gear with aggregate usage statistics, provide optional Developer Services, or validate your subscription or access to services (including third-party services).
Section 14: Use of Textures
For your use of Ignotus Gear’s textures, you may have access to certain materials that Ignotus Gear provides. Ignotus Gear grants you a non-exclusive, limited, revocable, non-transferable, non-sublicensable right to access and use the textures in the form made available by or for Ignotus Gear, solely for your internal business purposes and in accordance with the Documentation for the textures. Your right to use the materials is subject to your compliance with these Terms and all payment obligations. All textures are confidential and proprietary to Ignotus Gear. You may not distribute or disclose the textures to any third party or use them for any purpose other than as expressly permitted by these Terms.
Section 15: Support
These Terms of Agreement for Ignotus Gear stipulate that you are not entitled to any support or maintenance rights. Ignotus Gear may, at its sole discretion, provide technical support, but it has no obligation to provide updates or upgrades to any of its offerings. However, Ignotus Gear may choose to offer support or maintenance for specific offerings.
Section 16: Use of Feedback
Unless otherwise specified in the Additional Terms for an Offering, you are not required to provide Ignotus Gear with any feedback, ideas, or suggestions for improvement. However, if you choose to do so, you grant Ignotus Gear a license to use your feedback in any way they choose. This license is non-exclusive, transferable (in accordance with these Terms), irrevocable, worldwide, royalty-free, and fully paid up. Ignotus Gear may modify, distribute, sublicense, publicly display and perform, and exploit your feedback without restriction or obligation, and you will not be entitled to any compensation.
Section 17: Use of Offerings and its Limitations
As Ignotus Gear’s Offerings can be used in a variety of ways, Ignotus Gear does not guarantee that its Offerings have been designed or tested for specific purposes. It is your responsibility as a user to determine whether an Offering is suitable for your intended use. Ignotus Gear will not be held liable in any way for the results obtained through use of the Offerings, including any Projects. You are solely responsible for your use of the Offerings and for any outcomes produced by the Offerings, including any Projects. This means that you need to select the appropriate uses for the Offerings and choose the appropriate Offerings, software, and materials to achieve your desired outcomes. Additionally, please note that the measurements provided within Ignotus Gear’s software are for reference only and may not always be accurate. It is your responsibility to verify all measurements in the real world before proceeding with any project. Ignotus Gear is in no way responsible for any incorrect measurements or inaccurate results obtained from its Offerings.
Section 18: Use Restrictions
You will access and use (and allow access to and use of) Ignotus Gear only in compliance with these Terms (including any Commercial Terms or Additional Terms), any applicable Offering Identification, Policies, Documentation, and all relevant laws. A violation of this “Use Restrictions” section shall immediately terminate the rights granted under these Terms and any applicable Additional Terms. Unless expressly authorized by these Terms (including any Commercial Terms or Additional Terms), Policies, Documentation, or as otherwise expressly permitted in writing by Ignotus Gear, you will not (and will not authorize, encourage or cooperate with any third party to):
I. Reproduce, modify, adapt, translate, port, or create derivative works of all or any part of any Offering, except as expressly permitted by applicable law notwithstanding a contractual prohibition to the contrary;
II. Sublicense, distribute, transmit, sell, lease, rent, loan, or otherwise make available all or any portion of any Offering (including any functionality of any Offering) to a third party or provide any functionality of any Offering to a third party (whether by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other technology or service or otherwise);
III. Remove any copyright, trademark, confidentiality, or other proprietary rights notice from any Offering, Documentation, or related material;
IV. Remove, disable, or otherwise limit the effectiveness of any technical protections, including those used by Ignotus Gear to (i) manage, monitor, control, or analyze the installation of, access to, or use of any Offering or (ii) protect Ignotus Gear’s intellectual property rights;
V. Engage in any decompiling, disassembling, or other reverse engineering or otherwise attempting to discover, learn or study the structure or organization, underlying algorithms, or other internals, protocols, data structures, or other externals, or the source code of the Offerings, including any Ignotus Gear Textures, except as expressly permitted under the applicable law notwithstanding a contractual prohibition to the contrary;
VI. Breach, or attempt to breach or circumvent, any security or authentication measures used by any Offering;
VII. Access or attempt to access the Offerings by any means other than the interface Ignotus Gear provides or authorizes;
VIII. Unbundle the component parts of any Offering for use separate from each other or use or access Software made available as part of an Online Service separately from the applicable Online Service;
IX. Attempt to circumvent any capacity limits, Authorized User or storage limits, or other license, timing, or use restrictions associated with any Offering, or attempt to interfere with Ignotus Gear’s ability to audit or track such restrictions;
X. Take any action (including the use of any third-party software or services) that interferes with, disrupts, burdens, or interacts in an unauthorized manner with any part of any Offering;
XI. Introduce any viruses, worms, defects, malware, or any item of destructive nature through any Offering;
XII. Use automated means (including “web crawlers,” bots, robots, spiders, scrapers, or other types of software or hardware technology) to collect content or information, download materials automatically, or otherwise access any Offering;
XIII. Combine, use or distribute the Offerings with other software that could cause or result in the Offering to be subject to any open source license or similar license that: i) requires as a condition of use, modification or distribution that the Offering or such other software to be: 1) made available or distributed in a form other than binary (e.g., in source code form); 2) licensed for the purpose of making derivative works; 3) licensed under terms that allow for reverse engineering, reverse assembling or disassembling of the Offering (other than as required to by law); or iv) redistributable at no charge; or ii) requires or purports to require the grant of any license, covenant not to sue, authorization or other right with respect to patents or patent applications;
XIV. Collect or process data from an End User by any means other than those provided or authorized by Ignotus Gear or without an End User’s opt-in authorization;
XV. Send or otherwise post unsolicited or unauthorized communications, including commercial communications (such as spam) through any Ignotus Gear Offering;
XVI. Access, store, distribute, introduce, or transmit any material during the course of its use of the Offerings which is false, deceptive, misleading, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive, facilitates illegal activity, depicts sexually explicit images, promotes unlawful violence, is discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or is otherwise illegal or causes damage or injury to any person or property, or authorize or otherwise permit any third party, including but not limited to End-Users, to do so;
XVII. Create Internet “links” to an Ignotus Gear Offering that are not associated with, connected or related to the Offering;
XVIII. Abuse referrals or promotions or other activity to receive additional Entitlements;
XIX. Harass or interfere with any other user’s use of any Ignotus Gear Offering;
XX. Impersonate any person or entity, including any Ignotus Gear employee or representative;
XXI. Use or access any Ignotus Gear Offering other than in accordance with applicable Documentation, Offering Identification, or Policies.
Section 19: Restrictions
As a user of Ignotus Gear, you understand and agree that certain parts of the software, such as the source code and specific module or program designs, are confidential and contain trade secrets belonging to Ignotus Gear and its licensors. Therefore, you are prohibited from disassembling, decompiling, modifying, or reverse-engineering the software, in whole or in part, or allowing a third party to do so.
Section 20: Publicity
By agreeing to these terms, you are giving Ignotus Gear and its designees permission to use and display your trade names, trademarks, logos, and other brand features for the purpose of promoting or advertising the offerings, but not to brand the offerings themselves. This right is not exclusive, and Ignotus Gear has the ability to transfer it worldwide without any additional costs or fees.
Section 21: Proprietary Rights
Ignotus Gear, along with its licensors and service providers, is the sole owner of all the intellectual property and other rights associated with the Offerings, Documentation, Site, Developer Services, Ignotus Gear Textures, and other information or materials made available to you. This includes any copies of the above, the underlying algorithms, data structures, source code, and other technical components, and any derived materials or information based on or using the above. Except as set forth in these Terms, you do not have any rights to any of the aforementioned materials, and you hereby assign to Ignotus Gear any rights that you may have had.
You are granted only the rights explicitly stated in these Terms, including any Commercial Terms or Additional Terms. All rights not explicitly granted are reserved by Ignotus Gear and its licensors and service providers. You agree not to take any action or encourage any third party to take any action that conflicts with these terms.
Section 22: Commercial Use
Commercial use of the software designed for others on a professional basis is only allowed in the Business plan. It is forbidden to use screenshots or projects on a commercially based plan in all other plans. By using Ignotus Gear, you agree not to use any materials or products created with Ignotus Gear in any way that would compete with or detract from the sale of Ignotus Gear, its products, or services. Any violation of these terms may result in the immediate termination of your account without notice or refund.
Section 23: Warranties
Other than as available under applicable law, Ignotus Gear offers no further implied or statutory warranties or conditions with regard to the Offerings and explicitly disclaims all implied warranties and conditions to the maximum extent permitted by applicable law.
Section 24: Disclaimer
The Offerings and any Documentation provided by Ignotus Gear are available on an “as is” and “as available” basis, without any representations, warranties, covenants or conditions of any kind. Ignotus Gear and its licensors and service providers do not guarantee or represent that the Offerings, Documentation, or any part of them will operate uninterrupted or error-free. Ignotus Gear and its licensors and service providers disclaim all express or implied warranties and representations, whether oral or written, that may arise by operation of law, by reason of custom or usage in the trade, by course of dealing, or otherwise, including any warranties of merchantability, fitness or suitability for any purpose (whether or not Ignotus Gear knows, has reason to know, has been advised or is otherwise aware of any such purpose), and any warranties of noninfringement or condition of title. No advice or information, whether oral or written, obtained from Ignotus Gear or elsewhere will create any warranty or condition not expressly stated in these Terms.
You are solely responsible for the accuracy and quality of your projects, and you understand that you must evaluate and bear all risks associated with your use of the Offerings, Documentation, and any third-party materials, or your reliance on the accuracy, completeness, or usefulness of the Offerings, Documentation, and any third-party materials. Ignotus Gear and its licensors and service providers have no obligation to verify the identity of users accessing and using the Offerings or to monitor the use of Offerings by users. Ignotus Gear and its licensors and service providers disclaim all liability for identity theft or any other misuse of your identity or information.
Section 25: Limitations on Liability
Ignotus Gear’s total liability arising from these terms, any offerings or any projects, third-party materials or documentation related to them, will not exceed the greater of (a) €1,000 or (b) the total fees paid or payable by you to Ignotus Gear for the relevant offering during the previous twelve (12) months before the dispute.
In no case will Ignotus Gear or any of its licensors or service providers be liable (directly or indirectly) for any incidental, special, indirect, consequential, or punitive damages; loss of profits or revenue; business interruption or loss of use; cost of procurement of substitute goods or services or other cover; failure of or defects in any projects or third-party materials; loss, corruption, or deletion of (or failure to delete) data or user content; or damages resulting from force majeure.
These liability limitations will apply to the fullest extent permitted by applicable law for any damages or other liability, no matter the cause or theory of liability, whether based on contract, tort (including negligence and strict liability), indemnification, recourse, statute, or otherwise, and even if Ignotus Gear and its licensors and service providers have been warned about the possibility of such liability or it is otherwise foreseeable, and even if the limited remedies in these terms fail to achieve their essential purpose.
By accepting these terms, you acknowledge that the fees for the offerings take into account the disclaimers of warranties and limitations on liability in these terms and that such disclaimers and limitations are an essential part of the agreement between you and Ignotus Gear. Nothing in these terms will attempt to limit or exclude Ignotus Gear’s liability for damages or losses caused by Ignotus Gear’s fraud, willful misconduct, or gross negligence.
Section 26: Relationship to Applicable Law
Ignotus Gear doesn’t seek to limit your warranties, rights, or remedies or Ignotus Gear’s liability for damages or losses to the extent that such limits are not allowed by applicable law (such as statutory warranties, conditions, remedies, or liabilities that cannot be excluded by applicable law). These terms don’t restrict the effect of warranties, Ignotus Gear’s liability for damages or losses, or other terms that cannot be excluded or modified under applicable law despite a contractual restriction to the contrary. These terms give you specific legal rights, and you may have other legal rights that vary depending on the jurisdiction. For example, some jurisdictions don’t allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so such provisions of these terms may not apply to you.
Section 27: Indemnification
You will indemnify and hold Ignotus Gear harmless (and, at Ignotus Gear’s request, defend Ignotus Gear) against any and all losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) suffered or incurred by Ignotus Gear by reason of any claim, suit, or proceeding (“Claim”) arising out of or relating to (a) User Content, (b) your access to or use of Ignotus Gear’s products and services, including any projects or other results produced by such use, (c) your breach or any acts or omissions that, if true, would be a breach of these Terms (including any Commercial Terms or Additional Terms), and (d) your breach or alleged breach of any applicable law or regulation. At Ignotus Gear’s option, you will assume control of the defense, but Ignotus Gear retains the right to elect to take over defense at any time. You may not enter into a settlement under this clause without Ignotus Gear’s prior written approval.
Section 28: Term, Termination, Suspension
These Terms become effective on the first date accepted in accordance with the Acceptance section (Section 2) and continue in effect indefinitely unless terminated in accordance with this Term, Termination, Suspension section. You may terminate these Terms if Ignotus Gear is in material breach of these Terms and fails to cure such breach within thirty (30) days after written notice of the breach. Ignotus Gear may terminate (or disable or suspend your access to and use of) any or all products and services, or terminate these Terms and/or your account, if (a) you have no currently active Commercial Terms, (b) you have failed to timely pay any amounts (including fees and taxes) owing to Ignotus Gear, (c) any information you provide to us proves to be inaccurate, not current or incomplete, (d) you fail to make all payments when due, (e) you are otherwise in breach of these Terms, or (f) you become subject to bankruptcy or insolvency proceedings, become insolvent, make an arrangement with or affecting your creditors (including an assignment for the benefit of creditor) to commence a process of liquidation. These Terms will automatically terminate without further notice or action by Ignotus Gear if you go into liquidation. Ignotus Gear may also immediately disable or suspend your access to and use of products and services if Ignotus Gear believes in good faith that your conduct or failure to act, or User Content, may (i) pose a security risk or otherwise adversely impact products and services, systems or other users, (ii) constitute or enable tampering with, removing, disabling or otherwise limiting the effectiveness of any technical protections, or (iii) subject Ignotus Gear, any reseller, or any other user to liability.
Section 29: Effect of Termination of Subscription or Offering
If your subscription or any other offering provided by Ignotus Gear is terminated for any reason, your access and use of that offering, as well as any related software rights or entitlements, will immediately end. You must cease all use and access to the offering and uninstall any related materials, including software, documentation, or other materials from Ignotus Gear. Upon request from Ignotus Gear, you must destroy or return any copies of the offering and related materials in your possession. You must provide proof that you returned or destroyed all such copies. Any user content that you previously submitted via the offering will no longer be accessible, and Ignotus Gear has no obligation to maintain or forward such content. You are responsible for all fees and charges owed for the offering, and Ignotus Gear may deduct any outstanding charges from your billing account. If your access to an offering is suspended, disabled, or terminated due to a breach of these terms, you will not be entitled to a refund.
Section 30: Email Communication Consent
By applying for the free version of our product and agreeing to these terms of the agreement, you hereby grant Ignotus Gear and its affiliates permission to send you emails regarding products, information, and offers. These emails may include promotional content, updates, newsletters, and other relevant communications.
You have the right to opt out of receiving these emails at any time. If you no longer wish to receive such communication, you can unsubscribe or modify your email preferences through the provided unsubscribe link in the emails sent by Ignotus Gear. Please note that even if you choose to opt out of receiving marketing emails, you may still receive transactional or service-related emails regarding your use of the product.
Section 31: Beta Lifetime Discount
As a participant in our beta program, we are pleased to offer you a Beta Lifetime Discount on the annual license fee, subject to the following terms and conditions:
- Eligibility: To be eligible for the Beta Lifetime Discount, you must have initially subscribed to our product during the beta phase and continue to maintain an active license without any interruptions or pauses. Any breaks or lapses in the license subscription may result in the forfeiture of the Beta Lifetime Discount.
- Discount Details: The Beta Lifetime Discount entitles you to a 50 percent discount on the annual license fee for as long as you continuously maintain an active license without any interruptions. The discount applies to the standard annual license fee at the time of renewal and does not apply to any additional features, upgrades, or add-ons.
- Payment Obligations: Please note that the Beta Lifetime Discount applies only to the discount itself and not to the actual license subscription. You are still responsible for paying the annual license fee each year at the applicable rate, even with the discount applied. Failure to make timely payments may result in the termination of your license and the loss of the Beta Lifetime Discount.
- Non-Transferability: The Beta Lifetime Discount is non-transferable and may only be used by the original subscriber who participated in the beta program. It cannot be assigned, sold, or transferred to any other individual, entity, or account.
- Termination or Modification: Ignotus Gear reserves the right to modify or terminate the Beta Lifetime Discount offer at any time, at its sole discretion. In the event of such termination or modification, Ignotus Gear will provide reasonable notice to affected customers, and the terms in effect at the time of the notice will govern any ongoing subscriptions.
By accepting the Beta Lifetime Discount offer, you acknowledge that it is solely a discount on the annual license fee and does not entitle you to a lifetime subscription to our product. The discount is contingent upon your continuous and uninterrupted subscription.
Section 32: Effect of Termination of Terms
If these terms are terminated for any reason, your account, subscriptions, and other offerings, including those of your authorized users, will immediately terminate.
Section 33: Changes to Offerings
You acknowledge that Ignotus Gear may modify, discontinue, substitute, or terminate an offering (including any entitlements), including during a paid subscription term, or add or modify license keys, authorizations, or other means of controlling access to or use of the offerings when necessary to comply with applicable law or regulation or for justified commercial, security, or operational reasons, including to make any improvements to access and use of the offerings. Ignotus Gear may also change the price of an offering, including the renewal price of a subscription, as of the next renewal date, and will provide you with prior notice of any changes. Prior to the effective date of your subscription renewal (which will be indicated in the notice provided to you), you can elect to cancel an automatic renewal for your subscription at any time and for any reason, including if you do not agree to a price change.
Section 34: Modifications to Terms
Ignotus Gear reserves the right to modify these Terms (including the Additional Terms) at any time without prior notice. We may provide notice of modifications by posting them on our website or by other means. By continuing to use our Offerings after we have provided notice of modifications, you agree to be bound by the modified Terms. If you do not agree to the modified Terms, your only option is to stop using our Services.
If there are different terms or procedures related to the modification of the Additional Terms, Commercial Terms, Offering Identification, Documentation, or Policies, we may handle modifications as described in those policies and terms.
You acknowledge that your use of our Offerings is not dependent on the delivery of future features or functionality, or on any oral or written statements about future features or functionality.
Section 35: Language of Terms; Interpretation
The English language version of these Terms will be used to interpret or construe them. Any notices or other communications will be provided in English. The word “days” means calendar days, unless otherwise specified. The words “including” and “for example” are not exclusive and will be followed by “without limitation”. Section headings are for reference only and do not interpret the meaning of any provision. Any rights and remedies provided for in these Terms are cumulative and are in addition to, and not in lieu of, any other rights and remedies available under applicable law.
Section 36: Entire Agreement; No Waiver
These terms, along with any additional or commercial terms, constitute the entire agreement between Ignotus Gear and you, superseding any prior or contemporaneous agreements, discussions, or understandings. Your access to or use of any of Ignotus Gear’s offerings is subject to these terms, and any other terms will not apply.
If there is a conflict between these terms and any additional terms, the additional terms will prevail in relation to their subject matter. If there is a conflict between these terms and the commercial terms, the commercial terms will prevail as specified in the commercial terms. In the event of any inconsistency between the English language version of these terms and any translations, the English version will be legally binding.
Section 37: Copyright Policy
Ignotus Gear has a zero-tolerance policy towards copyright infringement and reserves the right to terminate the accounts of users who repeatedly infringe the rights of copyright holders. You may not use any of Ignotus Gear’s trademarks, logos, product icons, or other graphic symbols without express written permission. You may not use product names that are confusingly similar to Ignotus Gear’s products, or create marketing materials that suggest affiliation with or endorsement by Ignotus Gear. All use of Ignotus Gear’s trademarks must comply with the company’s trademark guidelines.
Section 38: Definitions
“Offering Identification” means any designations by Ignotus Gear that reference these Terms and identify the Offering to be provided by Ignotus Gear. The Offering Identification may be provided by Ignotus Gear as a service confirmation, as part of an online sign-up, subscription, product page, or billing flow, or as an addendum, a statement of work, or a similar document or communication.
“End User” refers to anyone who uses or engages with any of Ignotus Gear’s Software.
“Entitlements” refer to any tools, materials, services, and rights made available to you by or for Ignotus Gear in connection with an Offering, as stated in the Additional Terms or otherwise made available to you by Ignotus Gear. This includes technical support, access to updates and upgrades or prior versions, Ignotus Gear Materials, training and community content, events, and account tools and information.
“Evaluation Versions” refers to Offerings or features of an Offering labeled or offered as “not for resale,” “evaluation,” “beta,” “experimental,” “alpha,” “pre-release,” “preview package,” “in-development,” or any other similar designation.
“Offerings” refer to Software, Online Services, and Entitlements provided by or for Ignotus Gear, whether made available for free, as part of a subscription, for a fee or any other basis.
“Documentation” refers to any technical or legal requirements for an Offering, including but not limited to online, printed, or other documentation. This also includes the Offering Identification.
“Authorized Users” means (a) you (if you are an individual) and (b) identified individuals (such as your individual employees, consultants and contractors and other individuals accessing and using an Offering for your benefit) for whom you have acquired a subscription to an Ignotus Gear offering.
“Online Service” means an online or cloud-based service made available by or for Ignotus Gear, whether made available for free, as part of a subscription, for a fee or any other basis.
“Plan Benefits” refers to the benefits of subscription, including specific entitlements, that Ignotus Gear makes generally available with the Ignotus Gear Software in connection with an Ignotus Gear Plan.
“Policies” refer to the policies and guidelines made available by Ignotus Gear, including the Privacy Policy, which may be modified from time to time without notice.
“Purchase” means the purchase, subscription to, or activation, in each case related to our Offerings.
“Project” means all results, applications (including content contained therein), work product, designs, prototypes, or other items created or generated by or through any use of any Offering, including any products, parts, or services based on or using such results, work product, designs, prototypes, or other items. Projects may or may not be User Content.
“User Offering Data” refers to any data and information provided or otherwise made available to Ignotus Gear by you or an End User in connection with an Offering or regarding User Content (but not including User Content itself or Usage Data).
“Reporting Data” refers to data and information collected or derived by Ignotus Gear from the use of an Offering by you, your Authorized Users, or an End User, which is displayed to you via the Dashboard or otherwise made available to you in accordance with the Documentation.
“Site” means collectively the Ignotus Gear websites, including the ignotusgear.com domains, or other websites related to our offerings.
“Terms” refer to these Terms of Use and the other terms referenced in these Terms of Use, including the Additional Terms and Commercial Terms (if any), together with any other applicable terms.
“Ignotus Gear” refers to Ignotus Gear Company, together with its subsidiaries and other Affiliates. Ignotus Gear is a trade name of Mol Innovatie & Advies, registered with the Dutch Chamber of Commerce under number 86577484.
“Software” means software or similar materials, including any Mobile Apps, modules, components, features, and functions, made available by or for Ignotus Gear, whether made available for free, as part of a subscription, as an update or upgrade, for a fee, or any other basis.
“Ignotus Gear Materials” refer to any applications programming interfaces, software development kits, tools, libraries, scripts, sample source code, and similar developer material made available by Ignotus Gear specifically for use with an Offering.
“Usage Data” refers to data and information regarding, gathered through or otherwise generated from access to and use of any Offerings.
“User Content” refers to any files, designs, meshes, rigs, models, data or datasets, images, documents, objects, elements, audio-visual, other content, project information, libraries, audio, links, applications, and other software, services or other material submitted or uploaded to any Offering by you and the customized, specific output generated for you from the use of any Offering based on the foregoing.
“Third-Party Materials” refer to files, designs, meshes, rigs, models, data or datasets, images, documents, objects, elements, audio-visual content, other content, project information, libraries, audio, links, applications, and other software, services, or other material of a third party, whether or not made available through the Offering.
“Plan” means a type of subscription that includes both the Ignotus Gear Software and certain Plan Benefits.
General Terms and Conditions Ignotus Gear – Physical Products
Last updated on: 28-08-2023
1. Application of the Terms
1.1 These general terms and conditions apply to all offers, orders, agreements, and deliveries between Ignotus Gear (a trading name of De Mol Innovatie & Advies, Chamber of Commerce number 86577484) and the customer regarding the purchase and delivery of camper conversion kits and related products.
2. Prices and Payments
2.1 The prices listed for the camper conversion kits include VAT and any other applicable taxes, unless stated otherwise.
2.2 Ignotus Gear reserves the right to change prices at any time. Price changes do not affect orders already placed.
2.3 Payment must be made in advance through the available online payment methods, including iDeal, Credit card, and Paypal.
3. Delivery
3.1 Ignotus Gear aims to produce and offer custom-made orders to the carrier within two weeks after receiving payment.
3.2 The indicated delivery times are only indicative, and Ignotus Gear is not liable for delays caused by third parties, such as carriers, customs, or other external factors.
4. Returns
4.1 Customers have the right to terminate the purchase agreement within 14 days of receiving the product without specifying reasons.
4.2 Returns must be undamaged and in their original packaging. Return shipping costs are the responsibility of the customer.
4.3 Ignotus Gear will process the return payment to the customer within 14 days of receiving the returned items after a positive evaluation.
5. Intellectual Property
5.1 All products, designs, texts, images, and other content on the Ignotus Gear website are the property of Ignotus Gear and are protected by intellectual property rights.
5.2 It is expressly prohibited to copy, replicate, reproduce, distribute, modify, or make any other use of Ignotus Gear’s products, designs, or content without prior written permission from Ignotus Gear.
5.3 Violation of intellectual property rights may result in legal action and liability for any damages incurred.
5.4 By placing an order, the customer agrees that the intellectual property of the ordered products remains with Ignotus Gear.
6. Warranty
6.1 Ignotus Gear offers a 3-year warranty on the aluminum frame of the camper conversion kits, excluding user wear and tear.
6.2 The warranty covers defects resulting from material or manufacturing faults.
6.3 The warranty applies only if the assembly kit is installed correctly according to the provided instructions.
6.4 Ignotus Gear reserves the right to assess whether a claim under the warranty is justified.
6.5 Warranty on wooden inserts is limited to missing corners or delivery damage and does not cover user wear and tear.
6.6 The warranty is void if the product is modified, repaired, or misused.
6.7 Special Features of Wooden Parts
6.7.1 The wooden parts in the camper conversion kits may exhibit burn marks due to the laser cutting process used in manufacturing.
6.7.2 Small pieces of wood may be missing from the back of the fronts and sides of the wooden parts. This is not a manufacturing defect but a possible result of laser cutting.
6.7.3 The front of the fronts is always smooth and complete, but customers should be aware of these characteristics on the back and sides of the wooden parts.
6.7.4 These features are inherent to the production process and are not considered defects covered by the warranty as described in this article.
6.7.5 Customers are advised to contact Ignotus Gear for further clarification if they have questions or concerns about these characteristics.
7. Liability
7.1 Ignotus Gear is not liable for any direct, indirect, incidental, special, consequential, or other damages caused by the use of the camper conversion kits.
7.2 The customer is responsible for the proper installation and construction of the furniture in the vehicle. The use of the camper conversion kit is at the customer’s own risk.
7.3 Ignotus Gear is not liable for any damage, injury, or accidents resulting from improper use, abuse, or negligence in the use of the camper conversion kits.
8. Handling of Wooden Materials
8.1 The camper conversion kits may contain wooden materials, such as cabinet fronts. Wood is susceptible to damage and wear through normal use.
8.2 Customers should be aware of the delicate nature of wood and are advised to handle the products with care to prevent damage when opening, closing, or handling them.
8.3 Damage to wooden materials resulting from rough treatment, impacts, falls, or other damage not due to manufacturing defects is not covered by the warranty as described in Article 6.
8.4 Ignotus Gear is not liable for any damage to wooden materials after the products have been delivered.
9. Manual and Maintenance Instructions
9.1 Upon delivery, the camper conversion kits are accompanied by a manual with instructions for installation, assembly, and maintenance.
9.2 Customers are strongly advised to read and follow the manual carefully to ensure correct installation and use and to prevent any damage.
9.3 Failure to comply with the instructions in the manual may result in improper assembly, damage to the products, and potential consequences for the warranty as described in Article 6.
10. Customer Responsibility for Maintenance and Protection
10.1 Customers are responsible for the proper maintenance and protection of the wooden materials and other components of the camper conversion kits.
10.2 Regular cleaning and protection of wooden surfaces with suitable products are recommended to maintain the durability and appearance of the product.
11. Limited Warranty on Wooden Materials and Drawer Slides
11.1 Ignotus Gear offers a limited warranty on wooden materials, only in cases of missing corners or delivery damage.
11.2 This warranty does not cover damage to wooden materials resulting from normal use, rough handling, or negligence.
11.3 For any damage to wooden materials that falls outside the warranty, customers can contact Ignotus Gear for information on repair or replacement at a fee.
11.4 For any damage to wooden materials that falls outside the warranty, customers can contact Ignotus Gear for information on repair or replacement at a fee.
11.5 Drawer slides are covered by a limited 1-year warranty for proper operation, excluding damage caused by improper handling or lack of maintenance.
12. Protection Against Water and Moisture
12.1 The camper conversion kits may contain wooden materials. Wood is susceptible to moisture and water, which can lead to deformation, swelling, and damage to the material.
12.2 Customers are urgently advised to protect the wooden materials of the camper conversion kits from water and moisture.
12.3 It is strongly discouraged to expose the products to direct contact with water, such as leaks, spills, or damp conditions.
12.4 Failure to comply with these instructions may result in permanent damage to the wooden materials, which is not covered by the warranty as described in Article 6, Article 8, and Article 11.
13. Identification of the Entrepreneur
13.1 Ignotus Gear is a trading name of De Mol Innovatie & Advies, registered under Chamber of Commerce number 86577484.
14. International Shipping
14.1 For international shipping, customs fees, import duties, or other additional charges may apply. These charges are the responsibility of the customer, and Ignotus Gear is not liable for them.
15. Applicable Law and Disputes
15.1 Dutch law applies to all agreements between Ig
notus Gear and the customer.
15.2 Disputes arising from or related to these general terms and conditions will initially be submitted to the competent court in Utrecht.
16. Assembly and Installation
16.1 It is the customer’s responsibility to correctly assemble and install the camper conversion kits according to the provided instructions.
16.2 Ignotus Gear is not responsible for damage caused by improper assembly, installation, or modifications to the product.
17. Handling of Drawer Slides and Ball Bearings
17.1 The drawers of the camper conversion kits are equipped with drawer slides that use ball bearings.
17.2 Ball bearings are sensitive to sand and dirt, which can cause the slides to jam.
17.3 Customers are responsible for keeping the drawer slides clean to ensure proper operation.
17.4 Failure to comply with the care instructions for the drawer slides can result in jamming or reduced functionality.
17.5 Ignotus Gear is not responsible for damage to the drawer slides caused by improper handling, lack of cleaning, or negligence.
18. Force Majeure
18.1 Ignotus Gear is not liable for any delay or failure to fulfill its obligations due to force majeure situations, such as natural disasters, strikes, riots, war, fire, technical failures, etc.
19. Cancellation and Changes
19.1 Ignotus Gear reserves the right to cancel an order or make changes to product specifications if necessary.
20. Communication
20.1 All communication between Ignotus Gear and the customer will take place via email, the contact form on the website, or other means as specified by Ignotus Gear.
21. Privacy
21.1 Customer personal data is processed in accordance with Ignotus Gear’s privacy policy. Customers have the right to access, correct, or request the deletion of their personal data.
22. Right of Withdrawal
22.1 The right of withdrawal as described in Article 4 does not apply to products custom-made to customer specifications.
23. Applicability of Various Terms
23.1 In the event of conflicts between these general terms and conditions and other documents, this version of the general terms and conditions prevails.
24. Entire Agreement
24.1 These general terms and conditions constitute the entire agreement between Ignotus Gear and the customer regarding the camper conversion kits and supersede all prior agreements, oral or written.
25. Changes to the General Terms and Conditions
25.1 Ignotus Gear reserves the right to amend these general terms and conditions at any time. The amended terms will apply to new orders after the amendment date.
26. Jurisdiction
26.1 Any disputes arising from or related to these general terms and conditions will be submitted to the competent court in Utrecht.
Affiliate Program Terms and Conditions
Last updated on: 07-09-2023
Section 1. Introduction
These Affiliate Program Terms and Conditions (“Terms”) govern your participation in the Ignotus Gear Affiliate Program (“Program”). By applying to become an affiliate, you agree to comply with these Terms. Please read them carefully.
Section 2. Eligibility Criteria
2.1. To be eligible to participate in the Program, you must meet the following criteria:
– You must have a well-established website, blog, social media channel, or platform with a relevant and engaged audience interested in camping, campers, or overlanding.
– You must maintain an accurate PayPal account to receive commission payouts.
2.2. Ignotus Gear reserves the right to reject any affiliate application or terminate an affiliate’s participation in the Program at its sole discretion.
Section 3. Compensation Structure
3.1. Affiliates will earn a commission equal to 6% of the total order value for each successful sale generated through their unique referral links. The total order value excludes taxes and shipping costs.
3.2. Commissions will be calculated based on the net order value after any discounts, returns, or cancellations.
Section 4. Commission Payment
4.1. Commissions will be paid after a 30-day monitoring period from the date the customer receives their order. This period allows for any potential returns. Payments will be made via PayPal to the account provided by the affiliate
Section 5. Promotional Guidelines
5.1. Affiliates are encouraged to promote Ignotus Gear in a positive and ethical manner. However, affiliates must adhere to the following guidelines:
– Do not engage in misleading or deceptive advertising practices.
– Do not participate in any scam activities or promote fraudulent schemes.
– Do not misrepresent discounts or offers.
– Do not share pornographic or explicit material.
– Do not engage in any activities that could harm the reputation of the Ignotus Gear brand.
5.2. Affiliates are responsible for creating and providing their promotional content, including text, images, and videos, which must adhere to these guidelines.
Section 6. Reporting and Tracking
6.1. Each affiliate will have access to a personalized dashboard within the Ignotus Gear Affiliate Portal. This dashboard allows affiliates to:
– Generate and manage referral links.
– Track clicks, conversions, and commissions earned.
– Access marketing materials and resources provided by Ignotus Gear.
Section 7. Termination and Suspension
7.1. Ignotus Gear reserves the right to suspend or terminate an affiliate’s participation in the Program for any reason, including but not limited to:
– Violation of these Terms.
– Misuse or abuse of the affiliate program.
– Engagement in fraudulent or unethical activities.
– Conduct that negatively impacts the Ignotus Gear brand.
7.2. Affiliates may be provided with a written warning for violations before suspension or termination, at the sole discretion of Ignotus Gear.
7.3. In cases of severe misconduct or ongoing investigations, Ignotus Gear may temporarily freeze affiliate commissions or refuse to pay commissions altogether.
Section 8. Dispute Resolution
8.1. If you have any concerns, disputes, or questions related to the Program, please contact us at hello@ignotusgear.com. We will make every effort to resolve issues promptly and fairly.
Section 9. Modification of Terms
9.1. Ignotus Gear reserves the right to modify, update, or revise these Terms at any time. Affiliates will be notified of any changes, and it is their responsibility to review and comply with the updated Terms.
Section 10. Miscellaneous
10.1. These Terms constitute the entire agreement between you and Ignotus Gear concerning your participation in the Program and supersedes all prior agreements and understandings.
10.2. These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.
By applying to become an affiliate with Ignotus Gear, you acknowledge that you have read, understood, and agreed to these Affiliate Program Terms and Conditions.