Terms & Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of the Service and the products and services offered by Polymock. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service. Please read these Terms carefully, as they contain important information about your rights and responsibilities as a user of the Service. If you have any questions about these Terms, please contact us at hello@polymock.com.

Definitions

Contributor: A physical person or another entity uploading Items to Polymock
Service: Polymock application/service that is used to render Items
Item: Source 3D assets i.e. 3D models & scene compositions provided by the Contributor
Render: Materialized render i.e. generated image or video from the Item instance
Materials: Assets found on the website (e.g. illustrations, logo, designs), including Items
End product: a web page, print object or any digital and physical medium that displays the Render
End user: owner enitity of the end product
View: a view of a Render. For example, a web page load, or ad/tweet impression containing a Render counts as a view

2. Eligibility

To use the Service, you must be a real person, at least 18 years of age and have the legal capacity to enter into a contract. If you are under the age of 18, you may not use the Service unless you have the consent of your parent or legal guardian.

By accessing or using the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to comply with all of the terms and conditions set forth herein. If you do not meet these requirements, you may not use the Service.

We reserve the right to refuse access to the Service to any person or entity, at any time and for any reason, in our sole discretion.

3. Use of the Service

Subject to your compliance with these Terms, Polymock grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or business purposes.

You may not use the Service for any illegal or unauthorized purpose, including but not limited to:

Accessing or attempting to access data or information that you are not authorized to access
Interfering with or disrupting the Service or servers or networks connected to the Service
Transmitting any viruses, worms, defects, or other malicious code through the Service
Harvesting or collecting any information or data from the Service or the servers or networks connected to the Service
Tampering with or altering the Service in any way

We reserve the right to monitor your use of the Service and to restrict or terminate your access to the Service at any time, without notice, if we believe that you are in violation of these Terms or if we believe that your use of the Service is harmful to us or to any other person or entity.

4. Prohibited Activities

Infringing the intellectual property rights of any person or entity, including but not limited to copyright, trademark, and patent rights
Engaging in spamming or phishing activities
Promoting or facilitating the distribution of fake / mis-infromation
Engaging in fraud or deception
Causing harm to any person or entity
Engaging in any activity that could be considered hate speech or inciting cyber-violence

We reserve the right to investigate and take appropriate action against any violation of these prohibited activities, including but not limited to terminating your access to the Service and reporting you to law enforcement authorities.

You acknowledge and agree that we have the right, but not the obligation, to monitor your use of the Service and to remove any content that we believe, in our sole discretion, violates these Terms or is otherwise inappropriate or offensive. We are not responsible for any failure or delay in removing such content.

5. Intellectual Property

Polymock grants you the community license as described in the License Terms. This license can be upgraded by purchasing an appropriate subscription tier. The license describes the terms on which you are permitted to use the Renders.

Contributors agree with the Contibutor's Licensing Agreement.

The Polymock License and Contributors License above supersede the terms listed below.

Data from connected apps and integrations remain the property of respective integrations. You must have valid licenses to utilize connected services and apps.

The Service and all content and materials included on or within the Service except the content fetched from 3rd party services, including but not limited to text, graphics, logos, images, software, and trademarks (collectively, the "Materials"), are the property of Polymock or its licensors and are protected by copyright and other intellectual property laws.

You may not use any Materials for any commercial purpose unless permitted by another license granted by Polymock. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Materials without the express written consent of Polymock.

You acknowledge and agree that any unauthorized use of the Materials may violate copyright, trademark, and other intellectual property laws and could result in criminal or civil penalties.

Any feedback, comments, or suggestions you provide to us regarding the Service or the Materials (collectively, "Feedback") will be the property of Polymock. By providing Feedback to us, you hereby assign all right, title, and interest in and to the Feedback to Polymock and waive any moral rights you may have in the Feedback. We will be free to use, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell the Feedback for any purpose and without any obligation to you.

6. Disclaimer of Warranties

The Service and the Materials are provided on an "as is" and "as available" basis. Polymock makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included on or within the Service.

Polymock does not warrant that the Service or the Materials will be uninterrupted or error-free, and we will not be liable for any interruptions or errors. We also do not warrant that the Service or the Materials will be free from viruses or other harmful components.

You understand and agree that you use the Service and the Materials at your own risk and that you are solely responsible for any damage to your computer system or loss of data that results from your use of the Service or the Materials.

No advice or information, whether oral or written, obtained by you from Polymock or through the Service will create any warranty not expressly stated in these Terms.

Any reliance on the materials or information on the Service is at your own risk. Polymock reserves the right to make changes to the Service and the Materials at any time, without notice. However, Polymock does not make any commitment to update the Materials.

7. Limitation of Liability

Polymock will not be liable for any damages of any kind arising from the use of the Service or the Materials, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

Polymock will not be liable for any damages resulting from loss of use, data, or profits, or from any unauthorized access to or alteration of your transmissions or data.

Polymock will not be liable for any damages resulting from the failure of the Service or the Materials to perform as expected or from any errors or defects in the Service or the Materials.

Polymock will not be liable for any damages resulting from the reliance on information or materials provided on the Service or from any decisions made based on such information or materials.

These limitations of liability apply even if Polymock has been advised of the possibility of such damages.

In no event will Polymock's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the Service.

The limitations of liability set forth in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

8. Indemnification

You agree to indemnify, defend, and hold harmless Polymock and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

You acknowledge and agree that your indemnification obligations under these Terms will survive the termination of your access to the Service.

9. Termination

We reserve the right, in our sole discretion, to terminate or suspend your access to the Service at any time, without notice, for any reason, including but not limited to your breach of these Terms.

Upon termination of your access to the Service, you will no longer be authorized to use the Service and any rights granted to you under these Terms will automatically terminate.

You acknowledge and agree that we will not be liable to you or any third party for any termination or suspension of your access to the Service.

Any provisions of these Terms that by their nature should survive termination will survive termination, including but not limited to the provisions regarding intellectual property, disclaimer of warranties, limitation of liability, indemnification, and governing law and jurisdiction.

10. Governing Law and Jurisdiction

These Terms and your use of the Service will be governed by and construed in accordance with the laws of United Kingdom, without giving effect to any principles of conflicts of law.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Service will be brought exclusively in the courts located in United Kingdom, London. You consent to the personal jurisdiction of such courts and waive any objection to the venue of such courts.

You agree to submit to the jurisdiction of the courts located in UK, London for the purpose of litigating all such claims or disputes.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions will remain in full force and effect.

These Terms constitute the entire agreement between you and Polymock and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Polymock.

11. Changes to the Terms and Conditions

We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms at any time without notice.

Any changes to these Terms will be effective immediately upon the posting of the revised Terms on the Service. Your continued use of the Service after the posting of any changes to these Terms will constitute your acceptance of such changes.

It is your responsibility to regularly review these Terms for any changes. If you do not agree to the changes, you must stop using the Service immediately.

If we make material changes to these Terms that affect your rights, we will make reasonable efforts to notify you of the changes, such as through the Service or by email. It is your responsibility to ensure that we have a current email address for you.

12. Dispute Resolution

If a dispute arises out of or in connection with these Terms or the Service, the parties agree to attempt to resolve the dispute through good faith negotiations. If the parties are unable to resolve the dispute through negotiations, they agree to resolve the dispute through binding arbitration.

The parties will share equally in the arbitration costs, including the fees of the arbitrator.

This section does not prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction for protection of its intellectual property rights.

The parties agree that any arbitration or legal action will be the sole and exclusive forum for resolving any disputes arising out of or in connection with these Terms or the Service. The parties waive any right to bring any action or claim in any other forum.

13. Subscriptions

Polymock offers monthly subscription plans for access to the Service. By signing up for a subscription plan, you agree to pay the applicable subscription fee on a recurring basis.

You waive your right to refunds if a sufficient trial or demo version of the product has been provided.

All subscription fees are non-refundable, except in the case of a defective product or service. If you believe you have received a defective product or service, please contact us at support@polymock.com within 14 days of the date of last payment.

Polymock reserves the right to change the subscription fees at any time, with or without notice. Any changes to the subscription fees will be effective immediately upon posting on the Service. Your continued use of the Service after the posting of any changes to the subscription fees will constitute your acceptance of such changes.

You are responsible for paying all applicable taxes in connection with your use of the Service.

Polymock accepts payment through various methods, mainly, but not limited to: Stripe. You are responsible for ensuring that your payment information is accurate and up-to-date. Polymock is not responsible for any fees or charges incurred as a result of incorrect or outdated payment information.

Our billing cycles are 30 days. You may be charged up to 24 hours before the start of the next billing cycle.

13.1 Cancellation policy

It is your responsibility to ensure the cancellation is made.

You may cancel your subscription at any time online in your account panel or by contacting us at hello@polymock.com. Upon cancellation, you will continue to have access to the Service until the end of the current billing period, at which point your subscription will expire and you will no longer have access to the Service.

13.2 Unpaid fees

If your payment for a subscription is declined or fails for any reason, we may charge an administration fee of $15 to cover the costs associated with processing the declined payment in addition to the overdue amount.

We may also pursue any other legal remedies available to us to collect any unpaid fees or charges. You are responsible for paying all reasonable costs and expenses, including attorneys' fees, incurred by us in collecting any unpaid fees or charges.

We reserve the right to terminate or suspend your access to the Service if you fail to make a payment or if you have outstanding administration fees or penalties.

14. Miscellaneous Provisions

These Terms constitute the entire agreement between you and Polymock and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Polymock.

No waiver of any provision of these Terms by Polymock will be deemed a further or continuing waiver of such provision or any other provision, and Polymock's failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

These Terms are not assignable, transferable, or sublicensable by you except with Polymock's prior written consent. Polymock may assign, transfer, or delegate any of its rights and obligations under these Terms without your consent.

The headings in these Terms are for convenience only and will not affect the interpretation of these Terms.

You and Polymock are independent contractors and these Terms do not create any partnership, joint venture, employment, or agency relationship between you and Polymock.

These Terms do not create any third-party beneficiary rights.

These Terms will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

We also reserve the right to modify, suspend, or discontinue the Service at any time, without notice, for any reason and without liability to you. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.