3D Projects Terms of Use
GENERAL
These Terms govern agreements between a Designer and a Buyer, where the Designer commits to creating a Product for an agreed fee. By posting a project or placing a bid, both the Buyer and Designer accept the provisions outlined here. These Terms work alongside the General Terms and Conditions. They do not apply to regular 3D model sales or to Wildcat Projects.
Any terms not defined in this document follow the definitions in the General Terms and Conditions or those otherwise provided on the Site.
This document, together with the General Terms and Conditions, is fully binding on both Parties. No changes or amendments shall be valid unless explicitly permitted within these Terms.
SERVICE CONTRACTS FOR 3D PROJECTS
1. Formation and Nature of the Contract
1.1. A Contract is considered concluded once the Buyer and Designer reach an agreement and the Buyer transfers the agreed fee for the Product design service to 3dsly’s account.
1.2. The Contract between the Buyer and Designer is treated as a service agreement. Under it, the Designer undertakes to complete the agreed task, and the Buyer agrees to transfer the payment to 3dsly.
This arrangement does not establish any partnership, joint venture, or employer-employee relationship. The Designer is not an agent of either the Buyer or 3dsly and has no authority to make commitments on their behalf. The Designer independently determines the methods and tools used, providing their own resources at their own cost.
2. Obligations of the Parties
Designer’s obligations:
Deliver a Product that complies with the agreed specifications.
Complete and submit the Product within the agreed deadline.
Provide necessary support and corrections during or after the project to ensure the Contract is fulfilled.
Grant the Buyer the license as agreed under the Contract.
Buyer’s obligations:
Refrain from requesting Products that breach laws or infringe third-party rights. Products must not contain defamatory, obscene, offensive, or otherwise unlawful content.
Avoid changing requirements after the Contract is finalized, unless mutually agreed with the Designer.
Provide information and materials needed for the Designer to meet contractual obligations.
Pay the agreed fee to 3dsly using the methods provided on the Site.
Accept the Product if it meets the agreed requirements.
Store and back up the Product files independently; the Site may not be used as a backup source.
If dissatisfied with the Designer’s performance, file a complaint with 3dsly before the Product is deemed accepted.
3. Product Conformity
A Product does not conform to the Contract if it fails to meet agreed qualities, is delivered late, or is unfit for the Buyer’s stated purpose.
The expected qualities are determined by the project description and any agreements made in comments or messages on the Site.
If unspecified, the Product must meet the quality standards typically expected for such work.
Products are non-conforming if subject to third-party claims or rights restricting Buyer’s use.
If the Buyer includes third-party materials (logos, trademarks, etc.), it is solely their responsibility to secure necessary licenses.
Disputes regarding quality will be resolved by 3dsly under the dispute resolution process.
4. Confidentiality
Designers must treat any confidential information shared by the Buyer as protected and may not disclose or misuse it. Confidential information must be safeguarded with at least reasonable care. Publicly shared details (e.g., in project descriptions) are not considered confidential.
Upon completion or upon request, confidential information must be returned or destroyed.
5. Buyer’s Materials
If the Buyer provides materials (e.g., reference images, existing 3D models), the Designer may only use them for the performance of the Contract. All intellectual property rights remain with the Buyer. Once the project ends, the Designer must delete any copies.
6. Product Licensing
The Buyer’s right to use the Product is governed by the applicable license.
The license may be exclusive or non-exclusive, depending on agreement.
If non-exclusive, the general licensing terms in the General Terms and Conditions apply.
If the Buyer allows the Designer to resell the result, the Designer may edit, modify, and publish it for future sales on the marketplace.
Exclusive licenses grant the Buyer global rights for the full duration of copyright, including reproduction, adaptation, distribution, public display, and sublicensing. In such cases, the Designer cannot license or use the Product elsewhere.
Any Product returned under applicable law must be destroyed immediately, and its license revoked.
7. Acceptance of the Product
A Product is deemed accepted if the Buyer opens it and does not object within 10 business days.
If the Buyer raises an objection but does not respond further, acceptance is assumed 10 business days after notification from 3dsly.
Clicking “Finish the project” constitutes immediate acceptance.
8. Correction Period and Withdrawal
If a Product does not meet the Contract requirements, the Buyer may request corrections before acceptance.
The Designer can either amend the Product or dispute the claim. 3dsly will decide in case of disagreement.
The standard correction period is 10 business days, adjustable by 3dsly.
If corrections are not delivered on time, the Buyer may withdraw, and the fee will be refunded.
9. Termination
Contracts may only be terminated by mutual agreement or under specific conditions set forth herein.
If the Designer fails to deliver or refuses to fulfill obligations, they forfeit payment and may face account suspension after repeated breaches.
In mutual or 3dsly-approved termination, the Designer may be compensated for completed work.
Buyers waive their statutory 14-day withdrawal right for personalized digital content once the project starts.
10. Role of 3dsly
3dsly provides the platform but is not a party to the Contract. Payments are processed through 3dsly, acting as the Designer’s collection agent. Payments are considered valid once received by 3dsly.
3dsly’s role is limited to handling payment transactions and does not extend to other obligations. Both parties must conduct all communication, file transfers, and payments through the Site.
11. Fees and Payments
The Buyer pays the fee when the Contract is concluded; 3dsly holds it until successful completion.
VAT is applied based on Buyer’s location.
3dsly charges a 15% commission, plus applicable VAT and processing fees, before paying Designers.
Overpayments or reversed transactions must be repaid by the Designer, and 3dsly may deduct these from future payouts.
Payments are released 20 days after project completion and issued weekly.
3dsly may withhold payments if obligations are not met, if account details are inaccurate, or if policies are violated.
Each party is responsible for handling its own tax obligations, beyond VAT managed by 3dsly.
DISPUTE RESOLUTION
In case of conflict, disputes must be submitted to 3dsly for resolution.
3dsly is not a legal advisor but will review evidence and issue a binding decision.
Both parties must provide relevant documentation and allow 3dsly to review project communications and files.
Decisions are made within 10 business days and are final.
WARRANTIES AND LIABILITY
Members are solely responsible for the Content they upload or download.
3dsly does not guarantee error-free Content and provides no warranties for hosted Products.
You agree to indemnify 3dsly against any claims, damages, or expenses resulting from misuse or infringement.
3dsly is not liable for direct or indirect damages related to site use, including lost data or business interruptions.
The Site and Content are provided “as is,” without warranties of accuracy, fitness, or uninterrupted service.
Users are responsible for taking precautions against viruses or harmful code.
Advice or information obtained from 3dsly does not create any warranty.
Delivery delays caused by inaccurate information or external factors are not 3dsly’s responsibility.