TERMS & CONDITIONS
Last Updated: October 25, 2023
The Service is owned and operated by Shaikhtech Limited. (“Shaikhtech Limited,” “we,” “our” and “us”). Shaikhtech Limited reserves the right to revise any of these Terms in our sole discretion at any time and without prior notice to you by updating this posting, such changes to be effective prospectively. Thus, you should visit this page periodically for changes. If you disagree with any changes to any of these Terms, your sole remedy is to discontinue your use of the Service. Your continued use of the Service after a change has been posted constitutes your acceptance of the change thereafter.
In using the Service, you must not:
- Send, post, upload or otherwise transmit to or through the Service any imagery, text or other content that is unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, discriminatory, violent, fraudulent, vulgar, pornographic, or otherwise objectionable;
- Misrepresent your identity or affiliation in any way;
- Collect information about others;
- Advertise or solicit the sale of any product or service (unless you have a separate agreement to do so with Shaikhtech Limited) or distribute spam;
- Interfere with the operation of or damage the Service;
- Violate any applicable laws or regulations; or
- Assist or permit any persons in engaging in any of the activities described above.
You must exercise caution, good sense and sound judgment in using the Service. You are solely responsible for any material you transmit to or through the Service (or to us through email). You agree, represent and warrant that any information you transmit to or through the Service (or to us through email) is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information.
OWNERSHIP AND USE OF THE SERVICE
The materials made available on or through the Service are protected by copyright and other intellectual property rights, including all images and digital 3D model information available for viewing in the Shaikhtech Limited Viewer. The “Shaikhtech Limited Viewer” means any functionality or application on the Shaikhtech Limited website that displays 3D models and related content. Except as set forth below, the use on any website or other environment of any material available on or through the Service is strictly prohibited. Shaikhtech Limited and its licensors own all right, title and interest (including all associated intellectual property rights, in each case whether registered or unregistered, and related goodwill) in and to the Service. Shaikhtech Limited and its licensors reserve all rights in and to the Service not expressly granted to you in these Terms.
Notwithstanding the foregoing, subject to these Terms, we hereby authorize (and encourage) you to do any of the following on a revocable, non-exclusive, non-transferable basis:
Use the functionality of the Shaikhtech Limited website and view any content available on the Shaikhtech Limited website through the functionality included in the website;
Link to any page of the Shaikhtech Limited website, including on any of your websites or blogs or through any of your social networking outlets;
Utilize the “screenshot” functionality of the Shaikhtech Limited Viewer, to the extent it is available, to create copies of the images as they are displayed on the screen, and post or otherwise share those images—without removing any Shaikhtech Limited logo or watermark or making any other modification to the image—via any of your websites or blogs or through any of your social networking outlets;
Except as authorized by the previous sentence, no portion of the Service may be copied, reproduced, republished, modified, used to create derivative works from, decompiled, reverse engineered, disassembled, uploaded, posted, transmitted, exploited, or distributed in any way without the prior written permission of Shaikhtech Limited (other than as needed for your computer or device to interface with the Service). Without limiting the generality of the previous sentence, you agree not to distribute in any medium any part of the Service without Shaikhtech Limited’s prior written authorization, unless Shaikhtech Limited makes available the means for such distribution through functionality offered through normal use by the Service (such as the Shaikhtech Limited Viewer). You also agree not to access the Service through any technology or means other than through the pages of the Shaikhtech Limited website, the Shaikhtech Limited Viewer, or other explicitly authorized means Shaikhtech Limited may designate. If you use the Shaikhtech Limited Viewer on your website, you may not modify, build upon, hide, or block any portion or functionality of the Shaikhtech Limited Viewer, including but not limited to links back to the Shaikhtech Limited website. Any use of the Shaikhtech Limited Viewer on your website will be subject to these Terms. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any portion of the Service or enforce limitations on use of the Service or the content therein. Any unauthorized use or modification of any of the materials available on the Service is a violation of the copyrights and other proprietary rights of Shaikhtech Limited and its licensors. Written permission for any such unauthorized use or modification must be obtained from Shaikhtech Limited in advance; such requests should be submitted via an email to email@example.com. Shaikhtech Limited reserves the right to discontinue any aspect of the Service at any time.
All trademarks, service marks, logos and trade names on the Service, whether registered or unregistered, including but not limited to “Shaikhtech Limited,” are proprietary to Shaikhtech Limited or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names (other than as needed for your computer or device to interface with the Service) without the prior written consent of the appropriate owner thereof.
LINKS TO OTHER WEBSITES
For your convenience, the Service may contain links to other websites. If you use these links, you will leave the Service. Certain of these linked websites may make use of Shaikhtech Limited’s intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Shaikhtech Limited. Shaikhtech Limited is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not Shaikhtech Limited is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by Shaikhtech Limited of the organizations sponsoring such third-party websites or their products or services. Except for any Shaikhtech Limited property or content embedded in any third-party website, these Terms do not apply to any third-party website.
The Service is controlled and operated by Shaikhtech Limited from its offices within the State of California, in the United States of America. Shaikhtech Limited makes no representation that materials available on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent such laws are applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited. Software from the Service is further subject to United States export controls. By using information or software from the Service, you represent and warrant that you are not located in, domiciled in, a resident of, controlled by the government of, or organized under the laws of any country or region or are not on or owned, in whole or part, by any such person or persons on any such list.
Shaikhtech Limited may terminate your use of the Service at any time in our sole discretion. Upon any such termination, you must destroy any material obtained from the Service and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, ownership, third-party copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, privacy, and jurisdictional issues shall survive any such termination.
THE MATERIALS AND FUNCTIONALITIES AVAILABLE ON THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Shaikhtech Limited DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Shaikhtech Limited DOES NOT WARRANT THAT THE FUNCTIONS ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Shaikhtech Limited DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR FUNCTIONS ON THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, RESULTS TO BE ACHIEVED, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: (A) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Shaikhtech Limited OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES, EVEN IF Shaikhtech Limited OR A Shaikhtech Limited AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE AGGREGATE LIABILITY OF Shaikhtech Limited AND ITS AFFILIATES OR LICENSORS TO YOU SHALL NOT EXCEED THE LESSER OF THE TOTAL AMOUNTS PAID BY YOU TO Shaikhtech Limited OVER THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S). THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. APPLICABLE LAW MAY NOT ALLOW SOME OR ALL OF THIS LIMITATION OF LIABILITY, SO IT MAY NOT APPLY TO YOU.
You will indemnify, defend, and hold harmless Shaikhtech Limited, its affiliates, and their respective directors, officers, employees, and agents, from and against any claim, demand, action, class action, investigation or other proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses (including attorneys’ fees) arising therefrom (“Claims”), brought by any third party that is based on, or arises out of: (a) your activities on or use of the Service; (b) your violation, or apparent violation, of any of these Terms; or (c) any allegation that any material you submitted to Shaikhtech Limited violates any law or infringes any third party right, including any intellectual property or privacy right. You shall not settle any Claim unless such settlement completely and forever releases Shaikhtech Limited from all liability with respect to such Claim or unless Shaikhtech Limited consents to such settlement in writing.
You are prohibited from violating, or attempting to violate, the security of the Service, including without limitation to conduct a denial of service attack or other attack. Any such violations may result in criminal and/or civil penalties against you. Shaikhtech Limited will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
The Service is intended for a general audience. Shaikhtech Limited does not seek through the Service to gather personal information from or about children under the age of 13.
POLICY REGARDING THIRD-PARTY COPYRIGHTS
Shaikhtech Limited respects the intellectual property of others, and we ask our users to do the same. Shaikhtech Limited will promptly remove materials from the Service in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Shaikhtech Limited’s copyright agent with the following information: (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) a description of where the material that you claim is infringing is located on the Service; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and (f) your electronic or physical signature. You may submit this information to Shaikhtech Limited’s copyright agent by email firstname.lastname@example.org. Shaikhtech Limited may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
Please note that if you fail to comply promptly with the foregoing requirements or any request from Shaikhtech Limited for additional information, your DMCA notice or counter-notification may not be processed further.
Each Party may have access to information that is confidential to the other Party. As used herein, “Confidential Information” means all confidential and proprietary information of a Party (“Disclosing Party”) disclosed to the other Party (“Receiving Party”), whether orally or in writing, that is clearly identified as confidential as well as any information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential, including but not limited to the Customer’s PII, business and marketing plans, technology and technical information, product designs, trade secrets and business processes. A Party’s Confidential Information shall not include information that (i) is or becomes a part of the public domain through no act or omission of the other Party; (ii) was in the other Party’s lawful possession prior to the disclosure and had not been obtained by the other Party either directly or indirectly from the Disclosing Party; (iii) is lawfully disclosed to the other Party by a third party without restriction on disclosure; (iv) is independently developed by the other Party without use of or reference to the other Party’s Confidential Information. The Parties agree to use all reasonable care to prevent disclosure of the other Party’s Confidential Information to any third party. Notwithstanding the foregoing, Customer acknowledges and agrees that Shaikhtech Limited may disclose Customer’s Confidential Information to its employees, consultants, Providers and other third-party providers solely to the extent necessary to provide the Service under this Agreement, provided that Shaikhtech Limited has a non-disclosure agreement in place with such third-party provider that protects such Confidential Information against disclosure in a manner no less protective than this Agreement.
EXPORT AND DESTRUCTION OF PERSONAL DATA (PII)
If you have any questions regarding these Terms, please submit your questions via an email to email@example.com. We will endeavor to respond to you promptly.
YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THE SHAIKHTECH CAPTURE SERVICES PROGRAM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT SELECT THE “I ACCEPT” BUTTON AND YOU WILL NOT RECEIVE SCAN SERVICES.
This ShaikhTech Scan Services Agreement (“Scan Services Agreement”) is entered into between Partner and ShaikhTech Inc. with its headquarters located at 3Level 1, DIFC Gate Avenue, Dubai International Financial Centre, Dubai, United Arab Emirates (“ShaikhTech”), as of the date (“Effective Date”) that YOU (hereafter referred to as “Partner”).
The Scan Services Agreement supplements the online Subscription Agreement, or any successor agreement available, which governs Your use of the Portal. Undefined capitalized terms used herein shall have the meaning set forth.
WHEREAS, You desire to engage ShaikhTech or its subcontractor to provide certain services necessary to scan requested locations (or physical addresses) (each a “Property”) for the purpose of creating a Model of the Property (“Services”).
NOW, THEREFORE, for adequate consideration, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
- Capture of Properties.
- ShaikhTech (or its subcontractors) will capture digital imagery (“Scan Services”) of each requested Property at a mutually agreed date and time, and You shall ensure that the Property is available to ShaikhTech (or its subcontractors) at such date and time.
- You represent and warrant that You have all necessary permissions and consents to allow ShaikhTech (or its subcontractors) to capture digital imagery of the Property and to host, display and distribute Models.
- For each requested Property, ShaikhTech will deliver a shareable 3D model (“Model”). The Model will be delivered into the Subscription Plan associated with the email that is provided by You in the Job Form
- Terms of Subscription.
2.2 Subscription Plan. You agree to subscribe to a ShaikhTech subscription plan to enable the hosting and publication of your Models.
- Ownership and Licenses
Ownership and Licensing shall be determined pursuant to the CSA
- Acceptance of Agreement.
The parties hereto agree to be bound by the terms and conditions of the CSA. In the event of any conflict between the provisions of this Agreement and those of the CSA, the provisions of this Agreement shall govern with respect to the subject matter of this Agreement.
- You must provide ShaikhTech permission to access your Subscription Plan in order to add Scan Technicians for uploading Models.
- You are responsible for providing access to the Property on a scheduled date and time. If the Scan Technicians cannot access the space on the scheduled date and time, and/or they cannot reach the on-site contact, the Service will be cancelled.
ATTENTION! THE PRECEDING TERMS AND CONDITIONS WILL BE LEGALLY BINDING UPON YOU HEREWITH. YOU SHOULD CAREFULLY READ THE PRECEDING AGREEMENT GOVERNING THE SHAIKHTECH REFERRAL PROGRAM. YOU ARE REPRESENTING THAT YOU HAVE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR COMPANY (OR OTHER LEGAL ENTITY). IF YOU DO NOT HAVE SUCH AUTHORITY OR YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS CONTAINED HEREIN YOU MUST NOT “ACCEPT” AND YOU WILL NOT RECEIVE SCAN SERVICES.