Terms of Service.
1. Acceptance of Terms
By downloading, installing, accessing, or using the Ergono3D mobile application, website, or any related services (collectively, the Services), you agree to be bound by these Terms of Service (Terms). If you do not agree to these Terms, do not use the Services.
2. Changes to Terms
We may modify these Terms at any time. When we do, we will update the "Last updated" date above and, for material changes, provide prominent notice within the app or via email. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.
3. Eligibility
You must be at least 13 years old (or the age of digital consent in your jurisdiction, whichever is higher) to create an account or use the Services. By using Ergono3D, you represent that you meet this requirement and have the legal capacity to enter into a binding agreement.
4. Services Provided
Ergono3D provides online tools for generating custom insole design previews and downloadable 3D-printable STL files based on information you enter, such as foot measurements, shoe size, arch type, activity needs, and comfort preferences. The Services are intended to support comfort-focused and sport-wellness insole design. Ergono3D does not provide medical diagnosis, treatment, or clinical advice, and the Services are not a substitute for assessment by a qualified healthcare professional. You are responsible for reviewing any generated design, selecting appropriate materials and print settings, and deciding whether a printed insole is suitable for your intended use.
5. No Medical Advice
Ergono3D is not a medical device and does not provide medical diagnoses, treatments, or prescriptions. All analyses, insights, and recommendations are intended for general wellness and education. Always consult a qualified healthcare professional for medical advice. Your reliance on information provided by Ergono3D is at your own risk.
6. User Accounts and Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use or security breach. We are not liable for any loss arising from unauthorized use of your account.
7. User Conduct
You agree not to do any of the following:
- Upload content that is unlawful, harmful, harassing, defamatory, obscene, or otherwise objectionable;
- Violate any applicable law or regulation;
- Infringe the intellectual property, publicity, or privacy rights of others;
- Use the Services to collect or harvest personal data without permission;
- Interfere with or disrupt the Services or servers;
- Reverse-engineer, decompile, or disassemble any part of the Services;
- Use the Services to develop competing products.
8. Content Ownership and License
You retain ownership of photos, images, and other content you upload (User Content). By uploading User Content, you grant Ergono3D a worldwide, non-exclusive, royalty-free license to host, store, process, and display such content solely to operate and improve the Services. You represent that you have all rights necessary to grant this license.
9. Feedback
If you provide suggestions or feedback, you grant Ergono3D an irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate such feedback without obligation to you.
10. Copyright Policy
We respect the intellectual property rights of others and expect users to do the same. We will respond to valid infringement notices and may terminate accounts of repeat infringers.
11. Third‑Party Links and Services
The Services may contain links to or integrations with third-party websites, applications, or services. Ergono3D is not responsible for third-party content or practices, and your use of them is at your own risk.
12. Subscriptions, Credits, and Billing
Ergono3D offers free and paid subscription plans, usage credits, and in-app purchases. Prices, features, and limits are described within the app and may change from time to time. Fees are charged in advance on a recurring basis until canceled. Taxes may apply.
13. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, if we believe your conduct violates these Terms or is harmful to other users or Ergono3D. You may cancel your account at any time via in-app settings.
14. Disclaimers
The Services are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including warranties of fitness for a particular purpose, accuracy, or non-infringement. Ergono3D does not warrant that the Services will be uninterrupted, error-free, or secure.
15. Limitation of Liability
To the fullest extent permitted by law, Ergono3D and its affiliates, officers, employees, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising out of or in connection with the Services, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the amount you paid us, if any, during the twelve (12) months preceding the claim.
16. Indemnification
You agree to indemnify and hold harmless Ergono3D and its affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Services, your User Content, or your violation of these Terms.
17. Governing Law and Dispute Resolution
These Terms are governed by the laws of Australia. Any dispute arising from or relating to these Terms, the Services, or your use of Ergono3D will be handled in accordance with Australian law.
18. Severability
If any provision of these Terms is held unlawful or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
19. Contact Information
If you have questions about these Terms, contact us at team@ergono3d.com.
20. Additional Terms for Insole Design Services
These additional terms apply when you use Ergono3D's insole design features, including foot scanning, measurement capture, design generation, fit guidance, and export of manufacturing files (collectively, the Insole Services). If these terms conflict with the general Terms, these Insole Services terms control for your use of the Insole Services.
21. Measurements, Scans, and Fit
You are responsible for the accuracy and completeness of any measurements, photographs, scans, pressure maps, or other inputs you provide (Input Data). Fit, comfort, and performance depend on correct Input Data and on how any resulting insole is manufactured and used. We may offer optional fit checks or guidance, but these are informational only and do not guarantee a particular outcome.
22. Design Outputs and License
The Insole Services may generate digital design files (e.g., STL/STEP/G-code) and related specifications (Design Outputs). Subject to your compliance with these Terms, Ergono3D grants you a limited, non-exclusive, non-transferable license to use Design Outputs solely to manufacture insoles for your personal use or, if you are a qualified professional user (see Section 24), for use with your individual clients. Except as expressly permitted, you may not resell, sub-license, or publicly distribute the Design Outputs.
23. Manufacturing, Materials, and Third Parties
If you 3D-print or otherwise manufacture insoles yourself or through a third party, you (and the third party) are solely responsible for printer calibration, material selection, post-processing, and quality control. Ergono3D does not control third-party manufacturing and disclaims all liability for defects or issues arising from manufacturing, materials, or modifications. Follow all manufacturer safety data, curing requirements, and usage limits for selected materials.
24. Professional Users
If you use the Insole Services in a clinical or professional context, you represent and warrant that you hold all required licenses and comply with all laws, standards of care, and documentation obligations in your jurisdiction. You are solely responsible for evaluation, patient/client consent, and determining suitability of any insole for a particular individual.
25. Safety, Use, and Contraindications
Insoles designed via the Insole Services are intended for general comfort and sport-wellness purposes unless expressly labeled otherwise. They are not a substitute for medical care and are not intended for conditions that require medical devices or custom prescription orthotics unless you are a qualified professional and the device is manufactured and used under applicable regulations. If you have acute pain, recent injury, circulatory issues, neuropathy, non-healing wounds, or a condition affecting foot sensation or skin integrity, consult a qualified healthcare professional before use. Discontinue use and seek professional advice if discomfort or symptoms persist.
26. Regulatory Status
Unless explicitly stated in writing, products and Design Outputs created via the Insole Services have not been cleared, approved, or certified by any regulator and are not medical devices. Where local rules treat certain insoles as medical devices, you agree not to represent any insole created from the Insole Services as a regulated medical device unless it has been manufactured, labeled, and dispensed in compliance with applicable law by a qualified professional.
27. Fit Adjustments and Remakes
Any fit-adjustment, remake, or refund policies (if offered) will be stated in-app or at point of purchase and may require you to (a) follow our capture guidelines, (b) provide updated Input Data, and (c) complete a reasonable break-in period. Policies do not apply where printer settings, materials, or third-party manufacturing caused the issue.
28. Prohibited and High-Risk Uses
You may not use the Insole Services or Design Outputs for life-support, emergency, or mission-critical applications; for protective or safety equipment claiming impact, electrical, or chemical protection; or for any use where failure could reasonably result in serious injury or death.
29. Intellectual Property; Improvements
As between you and Ergono3D, you retain ownership of your Input Data; Ergono3D retains ownership of the Insole Services, underlying models, and algorithms. By using the Insole Services, you grant Ergono3D a worldwide, non-exclusive, royalty-free license to process your Input Data and to use aggregated and de-identified data to maintain and improve the Insole Services and develop new features.
30. Beta Features and Experimental Tools
From time to time, we may offer experimental capture or auto-design tools. Such features are provided "as is," may be rate-limited or withdrawn, and are intended for evaluation only. Output quality may vary.
31. Data with Biometric or Health Inferences
Foot images, scans, and measurements may be considered sensitive in some jurisdictions. You consent to our processing of such data as described in our Privacy Policy, including storage, transmission to service providers, and cross-border transfers where allowed by law. Do not upload others' data without valid consent.
32. Export Controls and Sanctions
Design Outputs and related software may be subject to export control and sanctions laws. You agree to comply with all applicable restrictions and not to export, re-export, or provide the Insole Services or Design Outputs to prohibited destinations or parties.
33. Additional Disclaimers for Insole Services
Without limiting Sections 14–15, Ergono3D disclaims any warranty that Design Outputs will meet your performance expectations or that any manufactured insole will deliver specific biomechanical outcomes. You assume all risks associated with manufacturing, materials, and use.