Last update: 09/08/2023

ARTICLE 1 – IDENTITY

This Licensing Policy (hereinafter, “License”) applies to the use of Items from A3D's online or mobile services and websites, including but not limited to any mobile application and browser extension or plug-in or digital transfer (hereinafter, the "Site"). All items are the property of A3D (hereinafter, the "Company", “A3D”, “we”, “our”, “us”), a legal entity, whose address is Chemin du Cyclotron 6, 1348 Ottignies-Louvain-la-Neuve, Belgium, VAT BE 0794.136.228, registered with the Crossroads Bank for Enterprises (CBE) under number 0794.136.228.

Please be advised that by subscribing to our services, you are subject to the License, which shall be read together with the General Terms and Conditions of Sales (hereinafter, “GTCS”), the General Terms of Use (hereinafter, “GTU”) and the Privacy Policy (hereinafter, “Privacy”) (together the “Agreement”). Capitalized terms used, but not defined herein, shall have the respective meanings given to them in the GTCS or the GTU or the Privacy.

In addition to the above address, the Company can be contacted as follows: E-mail: support@archited.io

The Company reserves the right to modify this License at any time, such modifications to take effect on the "last updated" date indicated above. By using the Site, you accept the new version of the License. We will give you thirty calendar days’ notice of any changes by posting notice on our website.

ARTICLE 2 – DEFINITIONS

In this License, the following words have the following meanings:

• "Item" is a digital file (like 3D render, animation, image, etc) downloaded from the Site.
• "Subscription” is a regular, auto-renewing payment that gives access to the Company's services on the Site for a set period, until canceled.
• “Subscriber” is the person who has purchased a subscription from the Company.
• “Single Subscriber” refers to the individual who subscribed at the time of subscription.
• "Single-person Entity” refers to a company with a single shareholder who also serves as the company's sole worker, similar to a freelancer.
• “End-product” is a work or a project that incorporates the Items as well as other things, so that it is larger in scope and different in nature than the Items. By “End-product” we mean a human made work or project and not an auto-generated work or project.
• “Complete End-product” is a work or a project which no longer undergoes any changes.
• “Integration” or “Incorporation” is the use of the Items to create an End-product requiring an application of skill or effort.

ARTICLE 3 – COMMERCIAL AND WORLDWIDE LICENSE

When you purchase a Subscription from the Company, you receive the right to download any Items and Integrate them into your architectural or gaming End-product. In certain cases, such as for testing, the right to download pre-selected Items may be granted without Subscription. This License also applies in these cases. The license authorized a Single Subscriber per Subscription to integrate the Items on a non-exclusive, commercial, worldwide and revocable basis. Remember that if you want to use and integrate an Items, you must have a valid and active subscription.

ARTICLE 4 – UNLIMITED DOWNLOAD

Pursuant to the terms of this Agreement, during the period of a valid and active Subscription, the Subscriber may download an unlimited number of Items, provided that such usage remains within reasonable limits. For the purposes of this provision, "reasonable limits" shall be defined as the ability to download no more than 90 Items per day. Any attempt to download Items through automated mechanisms, including, but not limited to, software, bots, or other technical means, shall be deemed outside the bounds of "reasonable" use and is hereby expressly prohibited.

ARTICLE 5 – UNLIMITED INCORPORATION OF AN ITEM ON ALL YOUR PROJECTS

You have a right to Incorporate an item on all your End-product while having a valid and active Subscription. You can Incorporate an Item to create an End Product for yourself or for a client. You can make any number of copies of the End-product created with the Incorporated Items. You can distribute the End-product through multiple media.

You can modify or manipulate an Item, or combine the Item with other works, to suit your End-product. The resulting works created using the Item are subject to the terms of this license. You can do the things allowed in this clause as long as the End-product you then create with the incorporated Items is one that’s permitted under clause 6.

This License does not allow you to use, make available or present any Item as a separate file or reselling printed product. This means you can’t allow anyone to use the Item as separate files for viewing, downloading, publicly performing or any other use whatsoever. This License does not allow you to reproduce, distribute, re-sell, or any other form of the Item as a standalone package.

This also means you can’t use the Items to provide any services that compete with the Company, or with any of our partners. You also can’t resell them in any way, such as in collections, libraries, playlists, databases or licensing, etc. You can't resell and/or upload the Items to similar platforms. This includes not giving the impression that any Items were created by you. You can’t redistribute the Item as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other Items, and even if you modify the Item. You can’t redistribute or make available the Item as-is or with superficial modifications. These things are not allowed even if the redistribution is for free.

You can’t use an Item in any application allowing an end user to customize a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application.

You can’t use an Item for merchandising, which means an End-product created using that Item where the primary value of the product lies in the Item itself, including:

• an End-product where the Item serves as its core component, and where without the incorporation of the Item it would not fundamentally differ from any other product of similar nature and use; and/or
• an End-product where the incorporation of the Item is what makes the product fundamentally unique and valuable, and is the main driving factor for the sale of the End-product.

ARTICLE 6 – LIFETIME PROTECTION FOR YOUR ITEMS IN YOUR PROJECT

The License of an Item starts after you download the Item and you incorporate it in a Complete End-product while having a valid and active Subscription. Then the license continues for the life of the Complete End-product (even if your Subscription ends).

You can’t Incorporate an Item to create an End-product after your Subscription ends. If you’ve downloaded an Item, you need to delete the Item once your Subscription ends.

ARTICLE 7 – LIFETIME PROTECTION FOR YOUR CLIENTS

Your clients are covered for the usage of the Items incorporated in a Complete End-product in case you transfer the Complete End-product to the client while you have a valid and active Subscription. Your clients don’t receive a License on the Items (the License is only for the Single Subscriber) but they are covered under the Limited Sublicense. If you transfer an End-product to a client, you do so by sublicensing these license rights in any Item within that End-product. The sublicense must only be granted on condition that use of the Item is limited to that use which is necessary in order to use the End-product, so the Item must not be extracted, reproduced or used in any other way (the Limited Sublicense). You must inform your client of this condition.

ARTICLE 8 – PERSONAL LICENSE PER SUBSCRIPTION

All Subscription and License are personal. The name you register to subscribe to our services is the only natural person or Single-person Entity who can download and Incorporate the Items under this License.

If you want to make a Subscription for a company, foundation or other legal entity with more than 1 person, there is a dedicated and custom Enterprise solution for you with a dedicated License.

ARTICLE 9 – ONLY LEGAL USAGE AND INCORPORATION

You can’t use the Items in any manner which is illegal, contrary to court orders and/or which was forbidden by the provisions of any law. Also, you can’t use the Items in any manner which may damage the Company, its partners, any third parties, or their rights or reputation.

The Item cannot be used: (i) in the context of pornography; or (ii) to encourage violence abomination, racism, hate, threats and discrimination against any person based on race, religion, sex, sexual orientation, community or nationality, (iii) hurting the helpless; (iv) violating privacy; (v) slander and any other insulting or illegal contents.

ARTICLE 10 – THIRD PARTY

If you collaborate with any third party in an End-product or if you create an End-product for your clients, you must make sure your collaborator and/or client complies with this License. Your collaborator and/or client must use the End-product in compliance with this License.

ARTICLE 11 – NO OWNERSHIP

You’re purchasing through a Subscription the right to download Items and to incorporate the Items in End-product. You’re not purchasing the Items themselves. The Items remain protected by copyrights and intellectual property of the Company or its partners.

The Company is the owner or the rights holder of all the rights in the Items and the Site, inclusive of all intellectual property rights and all copyrights. You do not and will not have any rights whatsoever to the Items or in the Site, exclusive of the right of Incorporation as specified in this License.

You are not the proprietary owner of the Items. This means that you can’t register or claim ownership of the Items or the End-Product (or otherwise make it available) through any content detection and/or registration system. You can’t claim trademark or service mark rights over an Item within the End-product created using that Item. This also means that you can’t use the names of the Items nor of the Company, except for giving credit to The Company for the creation of the Items.

You understand and agree to the rights, obligations, liabilities and prohibitions specified in this License, that you do not and will not have any ownership or intellectual property rights in the Items and that your rights to the Items will not exceed the rights described in this License.

ARTICLE 12 – DEDICATED LICENSE TEAM

You can contact us to explain your End-product or project and our team will let you know if this is covered. We reserve to ourselves the right to decide in each case whether a certain use of an Item is considered a violation of the above, and you undertake to accept our decision in this matter.

ARTICLE 13 – NOT EXCLUSIVE

The Items are available for all subscribers. This License is not exclusive, meaning that any Items you use can also be purchased and used by other subscribers.

ARTICLE 14 – OTHER

The titles associated with the articles are purely aesthetic and organizational, they have no legal implications. We make our best efforts in order to verify every Item and make sure they’re great quality and are legally available. If we find out that a certain Item might be violating a third party’s rights, we have the right to tell you to stop using such Item. If we do, you must stop using it immediately and do your best to make anyone on your behalf cease the use of such Items.