Terms of Service
The terms that apply when you use this website or EnCad. If your organization has signed an agreement with us, that agreement governs your use of EnCad and takes precedence over these terms.
1. Agreement
These terms are an agreement between you and 88 Cove Inc., doing business as Bild (“Bild”, “we”, “us”). By using this website or EnCad you agree to them. If you use EnCad on behalf of an organization, you confirm you are authorized to accept these terms for it.
Paid use of EnCad, including audits, enrichment and subscriptions, is governed by a separate order form and master agreement (the “Customer Agreement”). Where these terms and a Customer Agreement differ, the Customer Agreement wins.
2. The service
EnCad connects read-only to a customer’s engineering systems to tag, label and index parts, provide geometric and semantic search, and identify duplicate and near-duplicate parts. We may improve and change features over time, and we will not materially reduce the core functionality of a paid subscription during its term.
3. Accounts and access
- Access to EnCad is provided through your organization, usually by single sign-on. Keep your credentials secure and tell us or your administrator promptly about any unauthorized use.
- Your organization’s administrators control user access, roles and permissions, and can see audit logs of activity.
- You are responsible for activity under your account.
4. Customer data
The customer owns its engineering data and everything EnCad derives from it, including tags, labels, classifications, descriptions and audit results. The customer grants us a limited right to process that data only to provide, secure and support EnCad for that customer.
We do not use customer data to train models shared with other customers. Our handling of personal information is described in the Privacy Policy and, for customers, the Data Processing Agreement.
5. Acceptable use
You agree not to:
- Use EnCad to violate any law, including export control laws such as ITAR and EAR, or to process data you do not have the right to use.
- Attempt to access another customer’s data, probe or bypass security controls, or disrupt the service.
- Reverse engineer, copy or resell EnCad, or use it to build a competing product.
- Upload malicious code or overload the service with automated requests outside the documented interfaces.
6. Export-controlled data
For export-controlled programs, customers should use an ITAR-ready deployment (customer VPC or on-premises) and tell us in writing before any export-controlled data is shared with Bild personnel, so we can assign US-person-only support staff.
7. Our intellectual property
Bild owns EnCad, this website and all related software, models, documentation and trademarks. Apart from the rights expressly granted in these terms or a Customer Agreement, no rights are transferred to you. If you send us feedback, we may use it without obligation to you.
8. Fees
Fees, payment terms and renewal terms are set out in your order form. Pricing on this website is indicative and does not form an offer.
9. Confidentiality
Each party will protect the other’s confidential information with at least reasonable care and use it only to perform under these terms or the Customer Agreement. Customer engineering data is always the customer’s confidential information.
10. Warranties and disclaimers
EnCad surfaces likely matches, duplicates and classifications to support engineering decisions. Engineers remain responsible for reviewing results before acting on them, including any part consolidation or engineering change. Except as stated in a Customer Agreement, the website and EnCad are provided “as is” without warranties of any kind, to the extent permitted by law.
11. Limitation of liability
To the extent permitted by law, neither party is liable for indirect, incidental, special or consequential damages, or lost profits or data, and each party’s total liability is limited to the fees paid for EnCad in the twelve months before the claim, or [amount] if no fees were paid. These limits do not apply where the law does not allow them.
12. Suspension and termination
We may suspend access that threatens the security or integrity of the service, and will tell you why where we can. Either party may end these terms as allowed in the Customer Agreement. On termination, we will return or delete customer data as described in the Customer Agreement and the Privacy Policy.
13. Governing law
These terms are governed by the laws of [State], without regard to conflict-of-law rules, and disputes will be resolved in the courts located in [venue], unless a Customer Agreement says otherwise.
14. Changes
We may update these terms and will post changes here with a new date. Material changes will not apply to a paid subscription until its next renewal unless you agree.
15. Contact
Bild (88 Cove Inc.), San Francisco, CA. Email [legal contact email], or reach us through the contact page.