Pruning Practice – Terms and conditions

1. Key Definitions

1.1 Seat / Training Seat

A “Seat” is a paid, named-user license to access one specific pruning course (for example: Guyot Simple) on the Platform. A Seat is for one natural person only. This is often called a “per-seat” or “named user” model in software licensing, where access is tied to specific individual users rather than shared across a group.

1.2 Admin / Manager / Group Admin

The first buyer from an Organization automatically becomes the Admin for that Organization’s group in that course. The Admin can purchase additional Seats for that course, assign Seats to individual workers, and view each assigned worker’s learning status, scores, and completion data.

1.3 Learner

A “Learner” is the named natural person assigned to a Seat and actually doing the lessons and exercises.

1.4 Content

“Content” means all videos, audio, images, diagrams, text, quizzes, exercises, answer keys, analytics, and any other instructional materials on the Platform.

1.5 Progress Data / Submissions

This includes quiz answers, exercise attempts, practice cuts, uploaded photos or footage of pruning work (if/when that feature is offered), timestamps, completion data, performance scores, and related metadata.

2. Eligibility & Accounts

2.1 Minimum Age

You must be at least 16 years old to create an account or be assigned a Seat. If you are between 16 and the legal age of majority where you live, you confirm that your parent/guardian or employer has reviewed these Terms and agrees to them for you.

2.2 Accurate Information

You must register with accurate information, including a valid email address, and keep it up to date. You are responsible for safeguarding your login credentials and any single sign-on method (Apple, Google, etc.). You must not share your credentials with anyone else.

2.3 One Person per Account

Except where we explicitly approve in writing, each account and each Seat is for one natural person only. Accounts are not to be shared, loaned, or rotated among seasonal workers or teams.

2.4 Unauthorized Access

You are responsible for all use under your account. We are not liable if someone accesses your account because you shared (or failed to secure) your login.

3. License to Use the Platform

3.1 License Grant

Subject to full and ongoing compliance with these Terms (including payment), 3D2cut grants each paid Seat holder a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use:

• the specific pruning course purchased for that Seat,
• the associated lessons,
• the associated practice exercises in the Pruning Practice app,
• and related dashboards and progress tracking, strictly for that Seat holder’s own internal training and skill development in vine pruning. This style of clause — limited, revocable, non-exclusive, non-transferable, non-sublicensable — is standard in e-learning and software licensing agreements.
  

3.2 Personal / Internal Use Only

Unless we sign a separate written training services agreement with you, you may only use the Platform and Content for your own learning or, if you are an Organization, for internal workforce training of the specific named Learners you have paid Seats for. You may not treat one purchased Seat as a “group training pass.”

3.3 No Transfer / No Resale

A Seat cannot be resold, sublicensed, rented, leased, or otherwise transferred to another person once that Seat has been activated by starting the course (watching lessons or attempting exercises). Limiting transfer and sub-licensing is a common way providers stop buyers from “re-selling” training access.

3.4 Copying & Distribution Restrictions

You must not copy, record, download, scrape, export, broadcast, publicly display, publicly perform, or distribute any lesson video, exercise, answer key, dashboard data, or other Content, except for limited personal reference allowed by the Platform (for example, your own score reports). Prohibiting redistribution and automated scraping is a standard e-learning restriction.

3.5 Use in Live Group Sessions

You may not play our lessons to a room full of workers, project them on a TV, or otherwise use a single Seat to train multiple people at once, unless (a) each attendee has their own paid Seat for that same course, or (b) we have given you prior written permission for that specific session.

4. Seat Assignment for Organizations

4.1 Assigning Seats

Admins can buy multiple Seats for a specific pruning style/course and assign each Seat to a named Learner (for example, each seasonal worker). You, as Admin, agree to assign only real individuals and to provide correct names and emails.

4.2 Lock-in After Activation

Before a Learner first starts the lessons or attempts exercises, the Admin may re-assign that unused Seat to a different worker. After the Learner starts consuming the course (e.g. watches lesson videos or unlocks exercises), the Seat is permanently tied to that Learner and cannot be reassigned without our written approval.

4.3 Admin Visibility

Admins can see Seat usage, progress and completion data for the Seats in their Organization. The Admin is responsible for informing each worker that their training activity may be monitored by the Admin for internal management and compliance reasons.

4.4 Organization Responsibility

Your Organization is responsible for the conduct of all of its Admins and Learners. If your workers abuse the Platform, that is considered a breach by your Organization.

5. Acceptable Use & Prohibited Conduct

You (and, if applicable, your Organization) agree NOT to:

a. Share, recycle, rotate, sell, lend, gift, or otherwise re-use one Seat or one login among multiple people, even if those people work for the same vineyard, contractor, or team. (This addresses classic “one login for the whole crew” abuse in per-seat models.)

b. Attempt to evade Seat counts, for example by:

• replaying one Learner’s account in front of multiple trainees,
• having several different people complete exercises under one account,
• syncing or submitting exercises that were actually performed by someone else.

c. Use bots, scripts, automation, scraping, bulk downloading, or any other technical method to extract, clone, or reproduce videos, explanations, images, voice-overs, diagrams, analytics, or exercises.

d. Reverse engineer, decompile, disassemble, or otherwise attempt to access the source or internal logic of the Platform or app, except where such restriction is prohibited by applicable law.

e. Remove or alter any copyright, trademark, or proprietary notices.

f. Use any Content to offer pruning training services commercially, or to build a competing product, without our prior written consent.

g. Use the Platform in a way that violates applicable law, safety rules, privacy regulations, worker protection rules, or export controls.

6. Monitoring, Fraud Detection & Audit

6.1 Monitoring for Abuse

To enforce per-seat licensing and stop unauthorized sharing, we may automatically and manually review usage patterns such as login locations, concurrent device activity, unusual numbers of exercise attempts, IP/device fingerprints, and other signals that indicate multiple individuals are using a single Seat. Monitoring for suspicious use and terminating access for abuse is standard practice in e-learning and SaaS to protect intellectual property and enforce named-user licensing.

6.2 Investigation

If we reasonably suspect that:

• multiple people are using one Seat,
• Content is being copied or broadcast without authorization,
• progress data is being falsified,
• or other prohibited conduct is happening,
  
  

we may pause access for that Seat, that account, that Organization’s group, or the entire Organization while we investigate.

6.3 Audit / True-Up

We may require the Admin to provide a list of actual Learners and headcount undergoing training. If we determine that more people were effectively trained than Seats were purchased (for example, 10 seasonal workers were trained off 1 Seat), we may invoice you for those missing Seats at the then-current per-Seat rate, and/or suspend access.

6.4 Suspension and Termination for Abuse (No Refund)

If we conclude (in our reasonable judgment) that you violated these Terms — including Seat sharing, redistribution of Content, or any other misuse — we may immediately suspend or terminate access for the affected accounts and/or Organization. We may do so without giving any refund for any Seat, even if that Seat was advertised as “lifetime”. Immediate termination or suspension, without refund, for violating licensing terms is common in online training agreements.

7. Fees, Taxes, Billing & Refunds

7.1 Pricing & Payment

Seat pricing is shown at checkout or in your order form. You agree to pay all fees, plus any applicable taxes.

7.2 Taxes / VAT / Reverse Charge

You agree to provide accurate billing information, including company name, billing address, and any required VAT / tax ID so that invoices can be issued correctly. If reverse-charge or self-assessment rules apply in your jurisdiction (for example, in many B2B cross-border transactions in the EU/EEA/UK), you are responsible for assessing, reporting, and paying any such taxes. (These “reverse charge / self-accounting” mechanisms are standard in cross-border B2B digital services.)

7.3 Lifetime Access vs Ongoing Availability

Each paid Seat grants that named Learner ongoing access to that specific pruning course for as long as we continue to make that course available on the Platform, subject to these Terms. We may update or replace course material over time. We may also retire or change parts of the Platform for legal, safety, or technical reasons.

7.4 No Subscription by Default

Seats are generally sold as one-time purchases for that pruning style (for example, Guyot Simple), not as recurring subscriptions, unless we clearly say otherwise at checkout.

7.5 Refunds & Cooling-Off (Consumers)

• Business / professional use: All Seat sales are final once the Seat is activated (first lesson watched or first exercise attempted).
• Consumers in EU/EEA/UK: You may have a statutory 14-day right to withdraw from certain online purchases (“cooling-off period”) unless an exception applies. EU consumer law allows businesses to limit that withdrawal right for digital content once the consumer starts using/streaming the content and explicitly agrees to begin before the cooling-off period ends, acknowledging they will lose the withdrawal right.
  Where required by law, we will present that consent flow clearly at checkout. If you withdraw in time and the exception does not apply, we will follow the applicable refund rules.

7.6 Chargebacks / Non-Payment

If any payment is revoked, charged back, or marked as fraudulent, we may suspend or terminate the affected Seat(s) and revoke access.

8. Safety and Field Work Disclaimer

8.1 Pruning Is Physical, Potentially Dangerous Work

Vine pruning involves sharp blades, saws, and repetitive manual cutting. Improper tool handling can lead to serious injury (for example, lacerations, loss of eyesight, or long-term hand/wrist damage). Industry safety guidance generally requires workers to be trained in proper tool use, maintain tools in safe condition, wear appropriate protective gear, and comply with local occupational safety rules.

8.2 Your Responsibility

Our Platform is educational. It does not replace on-site supervision, local safety training, legally required certifications, or compliance with vineyard safety regulations, labor law, or workers’ compensation rules. You are solely responsible for:

• selecting appropriate tools and PPE,
• maintaining those tools in safe condition
• supervising workers in the field,
• and following all applicable health, safety, and employment regulations.
  

8.3 No Guarantee of Agronomic Outcomes

Vine physiology is complex and depends on climate, disease pressure, soil, and many other factors. We do not guarantee yield, grape quality, longevity of vines, or any agronomic or commercial result.

9. Intellectual Property

9.1 Ownership

All Content is owned by 3D2cut or its licensors and is protected by copyright, trade secret, and other intellectual property laws. You obtain no ownership rights in the Content or Platform.

9.2 Limited License to You

We grant you only the limited access rights described in Section 3. You must keep all proprietary notices intact, and you may not remove, obscure, or alter them. Training providers typically keep full IP ownership while granting learners a restricted personal-use license.

9.3 Your Submissions / User Content

If you upload photos, notes, answers, comments, or other materials (“User Content”), you represent that you have the right to share them and that they do not infringe anyone else’s rights.

You grant 3D2cut a worldwide, royalty-free, non-exclusive license (with the right to sublicense to our service providers) to use, reproduce, modify, analyze, distribute, display, and create derivative works from your User Content and Progress Data for:

• providing and improving the Platform
• product quality control and training analytics,
• internal research and development,
• and (only in anonymized or aggregated form without identifying you or your Organization) marketing, case studies, and demonstrations.
  

Granting the provider a license to use user submissions for service improvement and analytics is standard in modern online training / e-learning terms.

We will handle any personal data in those submissions according to our Privacy Policy.

10. Availability; Changes; Updates

10.1 Updates and Modifications

We may modify, update, or remove features, Content, courses, interfaces, security measures, pricing displays, analytics dashboards, or availability of certain training styles at any time. Providers of SaaS and online training generally reserve the right to update features or suspend parts of the service.

10.2 Downtime / Suspension

We may suspend access temporarily or permanently:

• for maintenance;
• to address security, legal, or safety issues;
• to comply with law or government request;
• or if continuing to provide access is no longer commercially or technically feasible.
  

10.3 No Guarantee of Continuous Availability

We aim to keep the Platform available, but it is provided “as is” and “as available,” without uptime guarantees.

11. Termination & Suspension

11.1 Your Right to Stop Using the Platform

You may stop using the Platform at any time. You can also request account deletion, subject to legal retention requirements.

11.2 Our Right to Suspend or Terminate

We may suspend or terminate (a) any Seat, (b) any account, or (c) an Organization’s entire group access — immediately, with or without notice — if we reasonably believe you:

• breached these Terms,
• engaged in fraud or abuse,
• failed to pay,
• violated intellectual property rights,
• used the Platform in an unsafe or unlawful way,
• or caused or attempted to cause technical harm to the Platform.

As noted earlier, immediate suspension/termination without refund for breach is commonly allowed in e-learning and SaaS terms.

11.3 Effect of Termination

When termination happens:

• Your license under Section 3 ends.
• You (and, if applicable, your Organization) must stop using and must not redistribute any Content.
• We may keep Progress Data and other records as allowed by law and by our Privacy Policy, including to enforce these Terms and to improve our services.

12. Disclaimers

12.1 Educational Use

The Platform is for training and education. We do not warrant that completing a course means a Learner is legally certified/qualified for pruning work in any jurisdiction.

12.2 No Professional / Safety Advice

Any safety suggestions in the Platform are informational only. You are responsible for on-site risk assessment, worker supervision, PPE, legal compliance, and safe tool handling. Serious injuries can occur if sharp or powered tools are used without proper supervision and protective equipment.

12.3 “As Is” / “As Available”

Except where prohibited by law, the Platform and all Content are provided “as is” and “as available,” without warranties of any kind (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

13. Limitation of Liability

13.1 No Indirect Damages

To the maximum extent allowed by law, neither 3D2cut nor its owners, directors, employees, contractors, instructors, or licensors will be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages — including lost profits, lost revenue, lost crop value, lost yield, lost business opportunities, business interruption, data loss, or reputational harm — even if we have been advised of the possibility of such damages. Excluding indirect or consequential damages in SaaS and training terms is standard.

13.2 Liability Cap

To the maximum extent allowed by law, our total aggregate liability arising from or relating to these Terms, the Platform, the Content, or any Seat (whether in contract, tort, negligence, strict liability, or otherwise) is limited to the total amount you actually paid to us for the specific Seat or Seats giving rise to the claim during the 12 months immediately before the event that created the liability. Limiting total liability to the fees paid in the previous 12 months (or similar) is a widely used approach in SaaS and training agreements.

13.3 Exceptions

Nothing in these Terms limits liability where such limitation is prohibited by applicable law. For example, certain jurisdictions do not allow limitations on liability for intentional misconduct or, in some places, personal injury caused by gross negligence.

14. Governing Law; Consumer Rights; Disputes

14.1 Governing Law / Venue

Unless a mandatory law says otherwise, these Terms are governed by Swiss law. Any dispute that cannot be resolved informally will be submitted to the competent courts of Valais, Switzerland. If you are a consumer resident in the EU/EEA/UK, you may also have mandatory protections and venue rights under your local consumer law that cannot be waived.

14.2 Injunctive Relief

We may seek injunctive or equitable relief (for example, to stop IP theft, account sharing abuse, or misuse of trade secrets) in any court of competent jurisdiction.

14.3 Cooling-Off / Withdrawal Rights for Consumers

As noted in Section 7.5, EU/EEA/UK consumers often have a 14-day right to withdraw from distance purchases. That right can be limited once digital content starts streaming or downloading, if the consumer gave informed, explicit consent to start immediately and acknowledged losing withdrawal rights.

We will follow any mandatory consumer dispute resolution or complaint-handling procedures required by applicable law.

15. Other Important Terms

15.1 Force Majeure

We are not responsible for delays or failures caused by events outside our reasonable control (for example, internet outages, strikes, acts of government, natural disasters, war, new regulations, platform downtime from third-party providers, etc.). Force majeure clauses commonly excuse performance where service failure results from events beyond reasonable control.

15.2 No Assignment Without Consent

You may not assign, transfer, or sublicense your rights or obligations under these Terms — including any Seat — without our prior written consent. Restrictions on assignment and sublicensing are standard in training and SaaS terms to prevent unauthorized reselling.

We may assign these Terms (for example, to a successor entity or an affiliate) without your consent.

15.3 Severability

If any part of these Terms is found unenforceable, the rest remains in effect.

15.4 No Waiver

If we fail to enforce any part of these Terms right away, that does not mean we waive our right to enforce it later.

15.5 Entire Agreement

These Terms (plus any order form or enterprise contract you have signed with us, and the Privacy Policy) are the entire agreement between you and us about the Platform and replace all previous communications or understandings on that subject.

15.6 Changes to These Terms

We may update these Terms by posting a new version on the Platform or in the app and/or by notifying you via email or in-app notice. Your continued use of the Platform after changes become effective means you accept the updated Terms. SaaS and e-learning providers typically bind users to updates posted in-app or online and treat continued use as acceptance.

15.7 App Store / Apple / Google Requirements

If you access Pruning Practice via the Apple App Store or Google Play:

• You acknowledge that 3D2cut (not Apple or Google) is solely responsible for the app, its content, support, and maintenance.
• Apple and Google have no obligation to provide support or maintenance services for Pruning Practice.
• To the maximum extent permitted by law, Apple and Google have no other warranty obligations regarding the app.
• You agree that 3D2cut, not Apple or Google, is responsible for addressing any claims relating to the app or your possession and/or use of the app, including product liability claims, claims that the app fails to comply with legal requirements, and claims arising under consumer protection or similar laws.
• You agree to comply with any applicable third-party terms of service (for example, your mobile data provider’s terms).
• You and 3D2cut acknowledge that Apple (and its subsidiaries) and Google (and their affiliates) are third-party beneficiaries of this paragraph and may enforce it.
  
  These statements reflect the minimum EULA terms Apple requires developers to include for iOS apps, which state that the developer — not Apple — is responsible for maintenance, support, and most claims related to the app, and that Apple is a third-party beneficiary that can enforce those terms.
  

15.8 Export & Sanctions

You represent that you are not located in, and will not export or re-export the Platform or Content to, any jurisdiction embargoed by applicable sanctions laws, and that you are not on any restricted party list. This mirrors standard app store and SaaS export-control representations.

16. Contact Information

Questions, complaints, or claims about the Platform or these Terms (including any request to exercise privacy rights or statutory withdrawal rights) should be directed to:

• Email: support@3d2cut.com
• Phone: +41 27 552 13 41
• Postal address: 3D2cut SA, 29 Route de Sion CP 140, 3960 Sierre
  

17. Practical Summary (Non-binding)

This summary is not a substitute for the full Terms above:

• One Seat = one named human. No sharing. No projecting one Seat to train a whole crew.
• We can monitor usage to detect sharing or cloning. If you cheat, we can cut off access with no refund and/or bill you for missing Seats.
• Content is ours. You get a limited, revocable license to learn; you don’t get to copy, resell, publish, or build your own competing “training course” out of it.
• Pruning is physical work with sharp tools. You’re responsible for safe, lawful field work and PPE.
• Our liability to you is capped at what you paid us for your Seat(s) in the last 12 months, and we’re not liable for indirect or consequential damages, except where the law says we can’t limit it.
• For EU/EEA/UK consumers: you usually get a 14-day cooling-off right for distance purchases, but for digital content that right can end once you choose to start streaming/using the content early and acknowledge that you’re giving up that withdrawal right.
• Apple/Google are not responsible for our app. We are.