Terms & Conditions
FirstWave3D Terms & Conditions
Personal Identification Information:
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, and in connection with other activities, services, features or resources we make available on our Site/Apps. Users may visit our Site/Apps anonymously. Users may be offered opportunity, at a presented online form, to provide contact information, as appropriate, such as name, email address, location, phone. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site/Apps-related activities. Customers requesting the personalized facepiece, exclusively facilitated by the EZScan app, will provide a unique identifier assigned to their pre-requisite mask purchase; this identifier may be a serial #, order #, invoice# or request#, as facilitated per our channel/fulfillment partners
In order to generate an individually customized facepiece (“Facepiece”), FirstWave3D uses software to capture facial geometry with an iPhone’s “TrueDepth” scanner within its “EZscan App” (“App”).
The only data that is collected by the App is a set of points which have been calculated of the intersection of the Facepiece outline and the users face. The dataset collected is minimal, and packaged in a proprietary format offering no meaning or value to outside parties.
Biometric Information Collection:
FirstWave3D generates, stores, uses and discloses (as explained below) Biometric Information for the sole purpose of creating and providing users with the FirstWave3D Products that they have explicitly, pro-actively ordered.
The EZScan app deploys the TrueDepth capability of the iPhone camera; however, it does not utilize, or request access to, any additional unrelated software or hardware services implemented in the iPhone.
The captured data is uploaded to fulfillment server via encrypted network protocols or secure email transfer. The output package includes no identifying personal data, only the users unique transaction identifier.
Other than to create the FirstWave3D Products that users wish to purchase, FirstWave3D will not sell, lease, trade, or otherwise profit from the Personal identification information or Biometric Information that it collects. Nor will it authorize its Service Providers to engage in such activity. Neither FirstWave3D nor its Service Providers will disclose or disseminate end-user Information for purposes other than to provide the FirstWave3D Products. Only possible exceptions to this policy shall be these 2: You or your legally authorized representative provides written instruction and consent to such disclosure; or The disclosure is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
FirstWave3D will retain any Biometric Information captured from the scanner for a period of no more than three (3) years from the date of collection and thereafter shall permanently destroy such Biometric Information from its systems. Service Providers that receive Biometric Information from FirstWave3D are contractually required to permanently destroy it within three (3) years from the date of receipt.
FirstWave3D may retain volunteered personal contact information persistently while the business is in operation, in order to engage with customers, as discussed below at “How we use collected information.” At any time, registered customers or contacts may request that their contact details we removed and wiped
Non-personal identification information:
We may collect non-personal identification information about Users whenever they interact with our Site/Apps. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site/Apps, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies:
How we use collected information:
FirstWave3D may collect and use Users personal information for the following purposes:
To provide the services provided by FirstWave3D to the User. We do not share this information with outside parties except to the extent necessary to provide the services.
To run a promotion, contest, survey or other Site/Apps feature.
To send Users information they agreed to receive about topics we think will be of interest to them.
To send periodic emails.
We may use the email address to send User information and updates pertaining to their account. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How we protect your information:
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our site. Sensitive and private data exchange between the Site/Apps and its Users happens over an SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information:
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Disclaimers and Limitations:
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. FIRSTWAVE3D DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “FIRSTWAVE3D PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
Limitation of liability:
THE FIRSTWAVE3D PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE FIRSTWAVE3D PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE FIRSTWAVE3D PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Availability of Our Services;
Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.
Resolving Disputes and Ending Terms:
Resolving disputes. You agree to resolve any Claim you have with us relating to or arising out of our Terms, us, or our Services exclusively in the United States District Court for Tennessee. You also agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes. The laws of the State of Tennessee govern our Terms, as well as any disputes, whether in court or arbitration, which might arise between FirstWave3D and you, without regard to conflict of law provisions.
Ending these Terms. You may end these Terms with FirstWave3D at any time by deleting FirstWave3D App from your device and discontinuing use of our Services. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason. The following provisions will survive termination of your relationship with FirstWave3D: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Resolving dispute,” “Availability” and “Ending these Terms,” and “General”.
If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country. If you have specific questions about these Terms, please contact us at firstname.lastname@example.org.
Your acceptance of these terms:
By using this Site/Apps, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site/Apps. Your continued use of the Site/Apps following the posting of changes to this policy will be deemed your acceptance of those changes.
If you have any questions, please call us at (760)-301-5151or email us at email@example.com
Last Modified Date 3/7/2022