Last Modified: 29.September.2024
These Terms of Use (Terms of Service) (this "Agreement") are a binding contract between you or the entity you represent ("Customer," "you," or "your") and 3D AI Studio ("Provider," "we," or "us"). This Agreement governs your access to and use of the Services. Services provided under this Agreement are for business or commercial, and not personal or consumer, use.
IMPORTANT: By clicking the "Continue" button or accessing or using the Services, you (A) acknowledge that you have read and understand this Agreement; (B) represent that you have the authority to enter into this Agreement; and (C) accept this Agreement. If you do not agree, you may not use the Services.
The following definitions apply to this Agreement. Capitalized terms not defined here will have the meanings indicated elsewhere in this Agreement.
Our Services allow you to submit, post, upload, display or otherwise provide ("Provide") to us text, images, or other materials ("Prompts") on or through the Sites or the Services in order to generate Content ("Output") based on those Prompts.
Subject to the restrictions set forth in this Agreement and Applicable Laws, 3D AI Studio grants you a non-exclusive, personal, limited, revocable, non-transferable, and non-sublicensable right and license to use any Output generated for you, solely on compatible devices you own or control, under the usage rules described below. This license shall automatically terminate if you violate any of the restrictions set forth in this Agreement and may be terminated by 3D AI Studio at any time. Upon termination of this license, you must destroy any Output in your possession, whether in electronic or printed format.
If you opt to purchase a commercial license ("License") for particular Output, and subject to the restrictions set forth in this Agreement, you shall be entitled to, on a non-exclusive, revocable, non-transferable, and non-sublicensable basis, to the extent permitted by Applicable Laws:
This License remains in effect so long as you have an active account, unless you revoke the license to such Output by removing it from the Sites and sending formal notice to support@3daistudio.com. If you wish to acquire further rights, please contact us directly at the same address.
No Guarantee of Exclusive Ownership. You acknowledge and agree that certain Output may incorporate or be based upon third-party content, libraries, or open-source components. We make no representation or warranty that the Output is free of such components or that you gain ownership over them. Your ability to use or distribute any portion of the Output that incorporates third-party or open-source elements may be subject to additional licenses or restrictions from those third-party rights holders. You further understand that 3D AI Studio does not guarantee uniqueness or exclusivity for your Output against other users, as different users may provide similar or identical Prompts resulting in overlapping or identical AI-generated content.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to Provide any Prompts. You must not Provide any Prompts if you are not the creator of, or are not fully authorized to Provide us the Prompts you intend to Provide. You agree to pay all monies owing to any person or entity as a result of Providing such Prompts. The Prompts Provided by you, and the use of such Prompts as contemplated by this Agreement (including the generation of Output on the Sites), does not and will not:
You may set your Output as “private”, in which case other users will have no access to such Output except as explicitly shared by you. We will not use such private Output apart from displaying it in your account, except as needed to maintain or provide the Services (e.g., backup, hosting, technical support, or other legitimate service functions).
We make no representations or warranties regarding the copyrightability of any Output, or whether it can be registered as intellectual property by any person. We take no responsibility for any breach of Applicable Laws or infringement of third-party rights resulting from your Prompts or Output.
By submitting Prompts, you grant us a non-exclusive, royalty-free, worldwide, and sublicensable license to use, store, reproduce, process, adapt, modify, publish, transmit, host, and display such Prompts (and the resulting Output), but only to the extent needed to provide, maintain, and improve our Services, conduct research, monitor usage for compliance with this Agreement, remove or disable access to any unsafe or illegal content, and suspend or remove accounts that violate this Agreement. This may include automated or manual reviews and the use of third-party vendors.
Nothing in this Agreement transfers or assigns to you any ownership interest in or to the underlying AI models, training data, algorithms, or other Provider IP used to generate the Output. Likewise, we do not claim ownership over your original Prompts; you retain whatever intellectual property rights you held prior to submitting them. However, you understand that any modifications, adaptations, or derivations made by or for us in the course of providing the Services remain part of our Provider IP.
You may need to register for an account to access certain parts of the Services. By creating an account, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or password. We reserve the right to suspend or terminate any account that violates this Agreement or is used for fraudulent or illegal activities.
We may charge fees for certain features or functionalities (“Fees”). These Fees are described on our website or within the Services, and payment terms are due upon purchase, unless otherwise specified. Fees are non-refundable except as required by law or explicitly stated by us. We reserve the right to change or introduce Fees at any time; such changes will not affect Fees already paid. If you fail to pay any Fees when due, we may suspend or terminate your access to the Services.
Each party may disclose certain confidential or proprietary information ("Confidential Information") to the other in connection with the Services. The receiving party shall not disclose such Confidential Information to any third party without the disclosing party’s prior written consent, except to its employees and contractors on a need-to-know basis under similar confidentiality obligations. These obligations do not apply to information already publicly available, known prior to disclosure, lawfully received from a third party, or independently developed without use of the disclosing party’s Confidential Information.
6.1 Ownership. As between you and 3D AI Studio, all right, title, and interest in and to the Services, including all intellectual property rights therein, belong to 3D AI Studio. Except for the limited licenses expressly granted, no rights or licenses are granted by implication or otherwise. You own your AI Customer Input and AI Customer Output, subject to any third-party rights embedded in them, and you grant us the right to use them as described in this Agreement, including the right to use them for training, improving, and enhancing our AI Technology.
6.2 Feedback. If you submit any suggestions or feedback to us regarding the Services (“Feedback”), you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free right to use, modify, and incorporate such Feedback into our products and services without any obligation to you.
THE SERVICES, AI CUSTOMER OUTPUT, AND ALL RELATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. 3D AI STUDIO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK OF USE OF THE SERVICES.
You agree to defend, indemnify, and hold harmless 3D AI Studio and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising out of or in any way connected with (a) your use of the Services, (b) your breach of this Agreement, (c) your Prompts or other data you provide, or (d) your violation of any laws or rights of third parties. 3D AI Studio reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with 3D AI Studio in asserting any available defenses.
Use and Reliance at Your Own Risk. You acknowledge and agree that any use of or reliance on the Services, AI Customer Input, or AI Customer Output is entirely at your own risk. AI-generated content may be incomplete, inaccurate, misleading, biased, or offensive. You are solely responsible for evaluating the accuracy, completeness, and suitability of any AI Customer Output for your purposes before using, distributing, or relying on it, especially in sensitive or high-stakes contexts.
Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 3D AI STUDIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHATSOEVER, NOR FOR DAMAGES FOR LOST PROFITS, LOST REVENUES, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, OR ANY OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF (OR INABILITY TO USE) THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF 3D AI STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer of Compatibility and Security. You understand and agree that the Services (including any AI-generated content) are provided on an “AS IS” and “AS AVAILABLE” basis and may not be compatible with your systems, software, or other services. You bear full responsibility for installing appropriate safeguards to protect your technology, data, and systems from viruses, worms, Trojan horses, malware, and other harmful or destructive content. We make no warranty that the Services will be uninterrupted, secure, error-free, or free of harmful components.
Limitation of Total Liability. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL 3D AI STUDIO’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO 3D AI STUDIO UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Essential Basis of the Bargain. You acknowledge that 3D AI Studio has set its prices and entered into this Agreement in reliance upon the disclaimers of warranties, limitations of liability, and damages set forth herein, and that the same form an essential basis of the bargain between the parties.
This Agreement commences when you first use the Services and continues until terminated. Either party may terminate this Agreement for any reason by giving the other party notice, or immediately if the other party breaches this Agreement and such breach is not cured within thirty (30) days. Upon termination, you must cease using the Services. We may delete or disable your data and account after a reasonable grace period, except as required by law. Any provisions of this Agreement that by their nature should survive termination will survive.
We reserve the right to update or modify this Agreement at any time. Such modifications will be effective upon posting the revised Agreement within the Services or on our website. If you continue to use the Services after the effective date of any updated Agreement, you accept the revised terms.
We may monitor your use of our Services and compile data and information related to your usage in an aggregated, anonymized manner (“Aggregated Statistics”). We own all right, title, and interest in and to the Aggregated Statistics and may use and share them for any business purpose, including analytics, improving our Services, and developing new features and offerings, provided that the Aggregated Statistics do not identify you or your Confidential Information.
You agree to use our Services only for lawful purposes and in accordance with this Agreement. You must comply with all applicable laws, regulations, and industry standards when using the Services. You specifically agree not to:
We may suspend or terminate your access to the Services if we believe, in our sole discretion, that you have violated this Acceptable Use Policy or any other provision of this Agreement.
Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, and disclose information about you. By using our Services, you acknowledge that you have read and understood our Privacy Policy and that you agree to be bound by its terms.
Our Services may allow you to access, use, or interact with third-party websites, services, or content that we do not operate or control (“Third-Party Materials”). We do not endorse or assume any responsibility for Third-Party Materials and provide access to them only as a convenience. Your use of Third-Party Materials is at your own risk and may be subject to additional terms and conditions imposed by the third-party provider. We are not liable for any damages or losses caused by your use of or reliance on any Third-Party Materials.
We may, at our sole discretion and without liability to you, suspend or terminate your access to all or part of the Services at any time if we determine that:
We will make reasonable efforts to provide you with notice prior to any such suspension where practicable, but reserve the right to suspend immediately under urgent circumstances. If we suspend the Services, we will promptly restore your access once the underlying issue is resolved.
All Fees are due and payable as set forth in your order or subscription plan. If you fail to pay any amount owed when due, we reserve the right, without prejudice to our other rights and remedies, to:
If you dispute any Fees, you must contact us in writing within seven (7) days of the invoice date, specifying the nature of the dispute in detail. We will work with you in good faith to resolve the dispute promptly.
The software and technology underlying the Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to, directly or indirectly, export, re-export, or transfer any part of the Services or related software to any destination or person prohibited by applicable law, including but not limited to any country embargoed by the U.S. government or any person on the U.S. Treasury Department’s list of Specially Designated Nationals. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list.
Informal Resolution. In the event of any dispute or claim arising out of or relating to this Agreement, the parties shall first attempt to resolve the dispute informally by contacting each other and negotiating in good faith.
Arbitration. If the dispute is not resolved within 30 days of notice, any unresolved dispute, controversy, or claim (collectively, “Dispute”) will be settled by binding arbitration. The arbitration will be conducted under the rules of the American Arbitration Association (“AAA”), in English, and in Santa Clara County, California, unless the parties mutually agree to another location. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator’s decision shall be final and binding.
Class Action Waiver. You and we agree that any Dispute will be resolved on an individual basis and that any claims brought under this Agreement or in connection with the Services must be brought in an individual capacity, and not on behalf of or as part of a class, collective, or representative action.
Exceptions. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property without first engaging in arbitration.
Neither party will be liable to the other party for any delay or failure to perform any obligation under this Agreement (except for a failure to pay Fees) if the delay or failure is due to events beyond the party’s reasonable control, including, but not limited to, acts of God, natural disasters, war, civil disturbance, government action, labor conditions, epidemics, Internet or telecommunications failures, or other force majeure events. The affected party shall promptly notify the other party in writing of such an event and make reasonable efforts to mitigate its effect.
This Agreement is governed by and construed in accordance with the internal laws of the State of California, without regard to its conflict of law rules. Any disputes arising under or relating to this Agreement shall be resolved exclusively in the state or federal courts located in Santa Clara County, California, and each party irrevocably submits to the jurisdiction of such courts.
This Agreement constitutes the entire agreement and understanding between you and 3D AI Studio regarding its subject matter and supersedes any prior or contemporaneous agreements, understandings, or communications. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce any right or provision of this Agreement is not a waiver of such right or provision. You may not assign or transfer this Agreement without our prior written consent. We may freely assign this Agreement. Any attempted assignment in violation hereof is void.
If you have questions about these Terms, please contact us at: support@3daistudio.com.
We respect the intellectual property rights of others and require that our users do the same. If you believe that your work has been used in a way that constitutes copyright infringement, or otherwise violates your intellectual property rights, please provide a written notice to us at Support@3DAIStudio.com containing the following information:
Upon receiving such notice, we will investigate the matter and, if warranted, remove or disable access to the allegedly infringing material. If we remove or disable access to your content in response to a notice of infringement, we will make a good-faith attempt to contact you with information concerning the removal.
If you believe that your content has been removed or disabled by mistake or misidentification, you may submit a written counter-notice to the same address containing the following:
Upon receipt of a valid counter-notice, we will forward it to the party who submitted the original notice. Unless such party informs us that it has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity, we may, at our discretion, restore the content removed or disabled after at least ten (10) business days following receipt of the counter-notice.
You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) to access or use our Services. If you are under 18, or under the applicable age of majority, you must obtain parental or legal guardian consent to use our Services. By using our Services, you represent and warrant that you meet the applicable age requirements or have obtained the necessary consent. We reserve the right to request proof of age or guardian consent at any point and may terminate your use of the Services if such proof is not provided upon request.
We do not knowingly collect personal information from children under the age of 13 (or other age as required by local law) without parental consent. If you believe we may have any information from or about a child under 13 without parental consent, please contact us at Support@3DAIStudio.com.
We may store and retain your data, including any AI Customer Input, AI Customer Output, or other information, for as long as necessary to provide our Services and for legitimate and lawful business purposes (e.g., backups, security checks, legal compliance). However, we do not guarantee that any stored data will be retained indefinitely and may delete or anonymize data at our discretion. Upon termination or closure of your account, we may delete or anonymize your data, except as required by law or otherwise set forth in this Agreement.
You acknowledge and understand that you are solely responsible for backing up any data or content you wish to preserve before account termination. We shall not be liable for any failure to store, or for loss or corruption of, any data or content.
You agree not to submit, enter, or otherwise provide any personal information (whether yours or a third party's) as part of your Prompts or other content uploaded to our Services, unless you have a lawful basis and all necessary consents to do so. We strongly discourage the use of personal data, including biometric or sensitive personal information, in AI Customer Input. If you do provide personal information in violation of this Agreement or any Applicable Laws, you are solely responsible for any consequences, including compliance with privacy regulations and claims arising from unauthorized disclosure.
We reserve the right (but have no obligation) to remove, delete, or anonymize Prompts that contain personal data at our sole discretion. Please see our Privacy Policy for information on how we handle personal data if inadvertently provided.
From time to time, we may introduce new or experimental features, functionalities, or updates to our Services (“Beta Features”). Beta Features are provided on an “as is” and “as available” basis and may contain bugs, errors, or other issues. We do not guarantee the performance, reliability, or continued availability of any Beta Features, and reserve the right to modify, discontinue, or remove them at any time without notice.
By choosing to use or engage with any Beta Feature, you acknowledge and agree that you do so voluntarily, with full understanding of the potential risks and limitations. We disclaim all liability arising out of or related to your use of Beta Features. If you encounter technical issues or have feedback regarding any Beta Feature, please contact us at support@3daistudio.com.
You acknowledge and agree that the AI-generated content (“Output”) produced by our Services may, on occasion, be identical or substantially similar to content generated for other users. We do not warrant or represent that any Output will be unique, novel, or exclusive to you. Multiple users may submit similar or identical Prompts to the Services, and our AI Technology may generate corresponding or overlapping Outputs.
Accordingly, you understand and accept that you have no entitlement to exclusivity in the AI-generated content we provide. If you desire fully exclusive or bespoke outputs, you should consider alternative solutions or custom arrangements that offer such exclusivity. We disclaim all liability for any perceived infringement or overlap arising from the re-use or duplication of similar AI Customer Outputs for different users.
This Agreement is solely for the benefit of the parties hereto and does not, and is not intended to, confer any rights or remedies in favor of, or be enforceable by, any other person or entity. Except as explicitly stated in this Agreement, no individual or organization who is not a party shall have any legal or equitable right under or relating to this Agreement, and no other person or entity shall be deemed a third-party beneficiary of this Agreement in any way.
While these Terms are governed by the laws of the State of California, we acknowledge that users in other jurisdictions may be subject to different or additional legal requirements. If you access or use our Services from the European Union (EU), the European Economic Area (EEA), the United Kingdom (UK), or any other region with laws or regulations governing personal data collection, processing, use, or disclosure that differ from those of the United States, you agree to comply fully with all applicable local laws. This may include, but is not limited to, the EU's General Data Protection Regulation (GDPR), the UK's version of the GDPR, and other national consumer-protection and e-commerce directives.
If you qualify as a "Data Controller" or "Data Processor" under GDPR (or an equivalent status under local privacy laws), you are responsible for ensuring that you have a lawful basis and necessary consents to collect, process, and transfer any personal data, including the data you upload or generate within our Services. To the extent that our role could be deemed that of a "Processor," you agree to work with us in good faith to execute any additional agreements (such as a Data Processing Addendum, where required) to achieve compliance with such laws.
We do not represent or warrant that our Services are appropriate, lawful, or available for use in all locations. It is your obligation to ensure that your use of the Services complies with all applicable laws, regulations, and guidelines in your jurisdiction. By continuing to use our Services, you represent and warrant that such use is permitted under your local laws and that you assume all associated risks, responsibilities, and liabilities.
If any provision of these Terms is held to be unlawful, void, or unenforceable under the consumer protection or other laws of a specific jurisdiction, then that provision shall be deemed severable from the rest of these Terms, and shall not affect the validity and enforceability of the remaining provisions.
Our Services may include or link to a shared “Community Library” (sometimes referred to as the “Library”) where users can upload, submit, or otherwise make available 3D models, artwork, or similar creative content (“Library Content”). This Library is publicly accessible, and any Library Content you provide will be visible to all other users of the Services by default. You should carefully consider what you choose to share publicly.
By uploading Library Content, you grant us, and other users of our Services, a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to display, distribute, reproduce, and, where applicable, modify or adapt your Library Content for the sole purpose of viewing and interacting with it within the Services. This includes the right to display the Library Content on our public-facing platforms, in promotional materials for the Services, and in other related contexts.
You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to upload the Library Content and to grant the license set forth in these Terms. You further agree to adhere to all applicable laws and not to upload any Library Content that infringes upon any third-party intellectual property rights, is offensive or deceptive, or otherwise violates these Terms or our Acceptable Use Policy. We reserve the right (but have no obligation) to review, remove, or disable access to any Library Content at our sole discretion if we believe it violates these Terms or applicable law.
Any Library Content you upload is offered “as is,” and we make no warranties or representations about its accuracy, quality, fitness for a particular purpose, or non-infringement of third-party rights. Your interaction with any Library Content shared by other users is at your own risk, and you agree that we bear no responsibility or liability arising from your use of or reliance on such content.
If you wish to remove your Library Content from public view, you may do so by following the instructions within your account settings or by contacting us at support@3daistudio.com. Please note that removing your content may not retroactively affect any downloads or uses that occurred while the content was publicly available, and any existing licenses granted to other users prior to removal will remain in effect in accordance with these Terms.