Terms of Service and Conditions of Use

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the model-creator.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Global Model Creator SL (doing business as “Model Creator”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Model Creator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accounts and membership

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Third party services

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Model Creator with respect to such other services. Model Creator is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Model Creator to disclose your data as necessary to facilitate the use or enablement of such other service.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Intellectual property rights

This website contains materials and other items relating to Global Model Creator SL and its products and services (the “Content”). The Content includes, but is not limited to information, data, text, images, graphics, registered and unregistered trademarks, illustrations, videos, software, audio clips, 3D Models (as defined below), or other forms. All Content is copyrighted and subject to other intellectual property laws and is either owned or used with permission by Global Model Creator SL. This includes but is not limited to all parts, pieces, sections, and designs of body parts, 3D Models, equipment, accessories, and items in the character creator, both in aggregate and as separate pieces. Except as set forth in this User Agreement, you may not reproduce, distribute, transmit, modify, adapt, translate, distribute, sell, license, publish, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. For the avoidance of doubt, you expressly agree that all intellectual property rights in and to any and all character or other design depictions or any 3D Models that you may create on or through the site (“3D Model Creator”) and all Content are the property of Global Model Creator SL and you hereby (A) irrevocably assign, transfer and convey, to the extent permitted by applicable law, all right, title and interest you may have in and to the Character Designs and the Content on a worldwide basis (including, without limitation, rights under patent, copyright, trademark, trade secret, unfair competition and related laws) to Global Model Creator SL or such other entity as Global Model Creator SL shall designate, to the extent ownership of any such rights does not automatically vest in Global Model Creator SL under applicable law, and (B) waive any moral rights therein to the fullest extent permitted under applicable law. You agree to execute any further documents and take any further actions requested by Global Model Creator SL to assist it in validating, effectuating, maintaining, protecting, enforcing, perfecting, recording, patenting or registering any of its right, title and interest in or to the Character Designs or the Content. Notwithstanding anything to the contrary contained in the foregoing, and for purposes of clarity, you will retain all ownership rights in and to the general and abstract elements of original characters that you created prior to using the Site, including their names and basic elements, which are considered User Content (as defined below), but the actual depictions of them and any 3D Models based on them that you may create on or through the Site are the property of Global Model Creator SL and considered Character Designs as set forth above. You may download copies of the materials (image capture/screenshots) on Global Model Creator SL' website for personal, non-commercial use only. These personal, non-commercial purposes include networked and public viewing such as on social media. Global Model Creator SL grants you a license to use the site and service subject to these Terms and Conditions, and nothing herein shall be construed to transfer title of any Content or Character Designs, which as set forth above, are owned exclusively by Global Model Creator SL.

Under this license you may not:
• use the materials for any commercial purpose;
• input, use or process the materials or any Content with any AI training software or algorithm, including, without limitation, in connection with or for purposes of deep learning;
• attempt to decompile, copy, access or misappropriate or reverse engineer any software or source code contained on the Model Creator web site or pursuant to which it runs or is displayed;
• remove any copyright or other proprietary notations from the materials.

You further agree not to or permit any other person to:
• (a) transmit, distribute or upload programs or material that contain malicious code, including, but not limited to viruses, time bombs, cancelbots, worms, Trojan horses, Easter eggs, spyware, or other potentially harmful programs or other materials or information;
• (b) send or enable the transmission of junk email, duplicative or unsolicited messages, or so-called “spamming” or “phishing”;
• (c) disrupt, impair, alter or otherwise interfere with the functions, features, Content or use of the site; •
(d) violate any laws, regulations, judicial or governmental order, any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any third party;
• (e) gain unauthorized access to the site; or
• (f) improperly display any TCP/IP packet header or part of the header information in any email or other postings or use any iframes;
• (g) upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same;
• (h) defame, abuse, harass, stalk, threaten, spam other users or continually send them unwanted emails or communications, solicit other users for business or commercial purposes, or otherwise violate any legal rights (including the rights of privacy and publicity) of others;
• (i) upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading or deceptive content or message;
• (j) promote or engage in discrimination, bigotry, racism, hatred or harassment against any individual or group;
• (k) use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
• (l) act in a deceptive manner or impersonate any person or organization;
• (m) harm or exploit minors;
• (n) upload or share any purchased 3D Models to a third-party site, application or service, e.g., Etsy, Steam, for redistribution; or
• (o) collect information about users of the services or the site in violation of these Terms and Conditions or interfere with any third party’s ability to use or enjoy, or our ability to provide, the services or site.

This license shall automatically terminate if you violate any of these restrictions. This license may be terminated by Global Model Creator SL at any time. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Downloadable 3D Model Files

Global Model Creator SL offers or may offer for purchase downloadable 3D model files that may include Character Designs (“3D Models”). Except as expressly provided in these Terms, Global Model Creator SL retains all ownership, right, title, and interest in the 3D models. The 3D Models may be printed or otherwise used for personal, noncommercial use and may not be resold, redistributed, or made available to third parties. Physical items printed from the 3D Models may not be sold or otherwise used commercially for any purpose, including as part of a larger project.

Subscriptions

We offer subscription plans (each, a “Subscription”) that enable our users to access new features, content, and discounted prices. Our Subscriptions are subject to the terms below.

Subscription Renewal

SUBSCRIPTIONS AUTOMATICALLY RENEW. YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.

Keep My Models Subscription

Keep My Models Subscription allows the user to save its characters for later use and gives access to Beta content that is not immediately available to other users on the platform. We may add or remove features from the Keep My Models Subscription. If you sign up for a Keep My Models Subscription, you will be immediately billed a one-time amount that is set forth when you sign up for the Keep My Models Subscription (as a non-refundable minimum purchase). Thereafter, your credit card will automatically be charged the recurring amount set forth when you sign up for your Keep My Models Subscription every 30/90/365 days depending on the subscription period you have chosen and your Keep My Models Subscription will renew at those intervals. Unless you timely cancel prior to the renewal date, you will be charged as described above.

Print My Models Subscription

Print My Models subscription is the only way to purchase digital STL files from Model Creator platform. Print My Models Subscription confers all the benefits of the Keep My Models Subscription, plus a number of "free download credits” in amounts set forth when you purchase the subscription. Throughout the course of the subscription term, users may redeem these credits for our “STL Download” product. Users may purchase 1 month, 3 months, or 1 year terms. Print My Models Subscription includes 2 (two) “free downloads/credits” per month and the total number of credits available depends on the term that has been purchased. Unused credits/free downloads “roll over” to the next period if you have not used them in the calendar month. In addition to your “free downloads/credits”, with Print My Models Subscription, you have the option of purchasing up to 5 (five) additional digital STL files. All your digital files (free credits and additional purchases) can be downloaded at any point of time at your profile page under order history. We may add or remove features from the Print My Models Subscription. You will immediately be billed a one-time amount that is set forth when you sign up for the Print My Models Subscription (as a non-refundable minimum purchase). Thereafter, your credit card will automatically be charged the recurring amount set forth when you sign up for your Subscription every month, three months, or one year, depending on the subscription period you have chosen, and your Print My Models Subscription will renew at those intervals. Unless you timely cancel prior to the renewal date, you will be charged as described above. Please note, if your subscription expires you will lose any unspent free downloads and your digital purchases will no longer be available for download. Store your files somewhere safe.

Subscription Cancellation Policy

Customers may cancel at any time, subject to the time frames below. We do not have the possibility to put a Subscription on hold. You must navigate to your Profile page [https://model-creator.com /profile/data] and follow the instructions provided. There are no cancellation fees. Cancellations must be effected prior to the billing date of the Subscription renewal. Cancellations will have no effect on any charges incurred prior and up to the end of the current subscription billing period, but will be effective as of the conclusion of the current subscription period.

Terms of Sale

The following terms apply to your purchase of the products offered on the website, whether by way of a Subscription, “add-on” product, or otherwise (“Products”). The Products are for personal use only. You may not sell or resell any of the Products or services you purchase or otherwise receive from us. We have the right to refuse or limit any orders, and to limit quantities. We may grant or deny cancellation requests for individual orders in our sole and absolute discretion, including, without limitation, if we believe that your order may result in the violation of our Terms and Conditions (including our Privacy Policy).

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Global Model Creator SL reserves the right to change the prices and available Products and Subscriptions at any time. Any Subscriptions you have already paid for as of the date of such notice will not be affected by such change for the then-current term of the Subscription. We may occasionally make errors in the stated prices on this website. If a Product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

Product Descriptions

We try to make the website thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the website may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the website or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice. Moreover, we attempt to be as accurate as possible when describing our Products, however, to the extent permitted by applicable law, we do not warrant that the Product descriptions, colors or other content available on the site are accurate, complete, reliable, current, or error-free.

Purchasing Products

The display of Products on the website invites you to make us an offer to buy the Products. Your order is an offer to buy the Products, which we accept only by charging you for the Products. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction before shipment or delivery in the event of inaccuracies, errors, Product unavailability, or for any other reason.

Orders

We have the right to refuse or limit any orders, limit quantities, and Subscriptions. We will not be liable if a Product is unavailable or if shipment or delivery is delayed. Order may only be cancelled within 24 hours of purchase. After that, the orders are non-cancellable. We may grant or deny cancellation requests for individual orders in our sole and absolute discretion. This sentence does not apply to Subscriptions, cancellation of which is subject to Section 4. We reserve the right to provide substantially similar products to fulfil your order.

Returns

Except as expressly stated otherwise herein, we do not allow returns or substitutions of Products. All sales are final.

Damaged or Incomplete Shipment

If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please email us at support@model-creator.com. We must receive notice of a damaged or incomplete shipment within ten (10) days of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely at our discretion.

Payment

You authorize us (and any payment processor) to charge your payment card for all purchases you make, including regularly for Subscriptions. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon:

• (a) you providing complete personal, account, transaction and any other information needed,

• (b) authorization of the payment by your credit or debit card company, and

• (c) acceptance of your payment.

You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the website or the services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the website or the services in breach of these Terms and Conditions; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.

Transfer of Title and Risk of Loss/Damage

Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the Products to you directly in the case of digital delivery or to the common carrier for shipment in the case of physical Products. By purchasing Products on the website for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold Products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.

Taxes

For our US, Canadian and RoW customers, stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.

For our EU and UK customers stated prices include local VAT but do not include any customs duties, sales, use, excise or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Model Creator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Model Creator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Model Creator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Model Creator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

info@model-creator.com

This document was last amended on January 2024.