Agreement — an offer accepted (agreed to) by the Buyer/User, represented by this document posted on the websitehttps://3dkeeper.com and/or its subdomains.
Acceptance — the User’s/Buyer’s full and unconditional acceptance of the terms of this Agreement.
Contractor — LLC “Hamster”, TIN 6678108570, 27/1 Olkhovskaya St., Yekaterinburg, 620141, providing services for the operation of the software product (Service, Application, Website) posted on the website https://3dkeeper.com and/or its subdomains.
User/Buyer — an individual who is legally capable and has the right to enter into transactions under this Agreement, including an individual entrepreneur, or a legal entity that has entered into the Agreement with the Contractor for using the services of the software product (Service, Application, Website) under the terms of this offer.
Registration — successful completion of the registration form by the Buyer, allowing them to create an Account in the Application.
Application — the software “3DKeeper Application”, which is a tool for working with 3D models, digital images, and scripts used by Buyers/Users for 3D modeling and visualization. A link to the Application is posted on the Website.
Account — functionality in the Application that the Buyer gains access to after registration, containing a set of data relating to the Buyer, including their details and internal Service information relating to the Buyer, allowing the Buyer to use the Service and acquire licenses to use models, digital images, and scripts.
Subscription — granting the Buyer the right to access 3D models, digital images, and scripts for a defined period with a defined number of Transfers depending on the Subscription type selected by the User/Buyer.
Transfer — copying the minimum unit (a 3D model, image, or script) from the Application/Website into the User’s/Buyer’s software/program.
Transfer — copying the minimum unit (a 3D model, image, or script) from the Application/Website into the User’s/Buyer’s software/program.
Software product (Service) — a set of functional capabilities of the 3DKeeper Application and the database of 3D models, textures, materials, and scripts posted on the Website, provided to the User/Buyer under a Subscription after they accept the terms of this Agreement.
Free — a designation assigned to a specific Service element that gives the User the right to use that element free of charge in accordance with this Agreement.
3D model marked “₽” — a designation assigned to a specific Service element that allows the User to use that element on a paid basis in accordance with this Agreement.
Author — a legally capable individual who has reached at least 16 (sixteen) years of age, has created an Account to use the Service under the Terms, and has posted their model/material for sale.
“Storage” — a cloud feature provided by the 3DKeeper Service for storing 3D objects uploaded by the user (including, but not limited to: models, textures, scripts, scenes, and other digital assets) exclusively for personal or internal professional use within the Service.
General Provisions
The subject of this Agreement is the provision of services to ensure the operation of the software product (Service) posted on https://3dkeeper.com and/or its subdomains, by granting Users/Buyers access to the database of 3D models, digital images, and scripts on the Website and in the Application.
The result of the Service is the ability for the User/Buyer to perform a Transfer of a 3D model, digital image, or script posted in the Application into 3ds Max or any other program/application of the User/Buyer.
The User/Buyer bears sole responsibility for the use of 3D models, digital images, and scripts and is independently liable to the author in accordance with applicable law. In such a case, the Contractor acts as a storage provider for the database.
The User/Buyer confirms that, prior to entering into the Agreement (accepting this Agreement), they received from the Contractor complete information about the terms, procedure, and other conditions of service provision.
Terms and Procedure of Use
A User who agrees to the terms of this Agreement has the right to use 3D models, digital images, and scripts posted on the Service and marked “free” at no charge, even if they are not registered in the Application. The Contractor provides such access so the User can evaluate the convenience of the interface and the functionality of the Service. The Contractor reserves the right to change the list of free models. An unregistered User has unlimited access to free materials.
Models that do not have the “free” or “₽” mark may be used by Users/Buyers only under a Subscription.
Only a registered User/Buyer may obtain Subscription status. For registration in the Application, the User/Buyer must provide a contact email address. At the same time, if additional data are requested when making a purchase in the Application, including full name, phone number, and payment details, the User/Buyer provides such data upon request, provided their intentions remain unchanged.
The free Subscription provides unlimited access to models and materials posted on the Service. The User agrees that under the free Subscription the number of Transfers is limited. Limits are set by the Contractor and may be changed unilaterally at the Contractor’s discretion. The period for providing a limited number of Transfers is 24 hours. Unused Transfers do not accumulate; they refresh once per day.
Under the paid Subscription, access to models and materials is provided without restrictions. Under the paid Subscription, the Buyer acquires the right to a certain number of Transfers for a specified term in accordance with the purchased plan.
The Contractor may choose not to limit the Subscription term and the number of Transfers.
The number of Transfers is reflected on the Buyer’s balance in the Application.
The available Storage volume is determined by the Subscription conditions. If the established limit is exceeded, uploading new objects will be temporarily restricted until space is freed.
If the User deletes their Account, all data in their Storage are subject to deletion without the possibility of recovery. The User must independently export important data before deleting the Account.
Upon registration, the Contractor may provide the Buyer/User with a trial version of the paid Subscription under the conditions and for the term determined by the Contractor.
Any terms regarding the procedure for providing services on the Service may also be communicated to the User/Representative by the Contractor’s representatives via notice to the contact email and/or SMS and/or a messenger message to the contact phone number; in this case, the Customer must independently and in advance monitor receipt of such notices from the Contractor.
Terms and Procedure of Payment
Payment for services under the paid Subscription is made on a 100% prepayment basis in accordance with the plan offered by the Contractor. A different payment procedure is possible under promotional campaigns (special offers) and in cases additionally agreed with the Contractor.
Subscription payment is made via the connected payment system in accordance with the proposed payment options (bank card, payment terminal, e-wallet, etc.). After selecting a Subscription (plan) and clicking the “start” button, you will be offered payment methods. After clicking “pay,” you will be redirected to a secure payment page where you must enter your bank card details. If authorization is successful, you will receive a notification that payment has been made and/or a description of the procedure for receiving the product/service.
Payment security is ensured by the acquiring bank operating on modern protocols and technologies developed by payment systems MIR, Visa International, and Mastercard Worldwide (3D Secure: Verified by VISA, Mastercard SecureCode, MirAccept). Processing of confidential cardholder data is performed in the bank’s processing center certified under PCI DSS. Security of transmitted information is ensured by modern Internet security protocols.
All payments are considered successfully completed after funds are credited to the accounts of the payment systems, if payment is made using the payment systems indicated on the Website.
Under the internet acquiring technology, refunds are possible only to the bank card details used for payment. Therefore, when paying by bank card, the Buyer is recommended to use a card issued in their name. If a refund is made, it is processed to the same details that received the payment, based on a written request from the person in whose name the bank card was issued.
Access to models and materials under the paid Subscription is activated within 24 hours from the moment full payment is made in accordance with the selected plan.
If during the Subscription period the Buyer does not use the number of Transfers provided (fully or partially), funds are not refunded.
The service is deemed provided from the moment access to the Database/Service is granted.
The Contractor is not responsible for the operability of any 3D model used during a Transfer or any Service element. Inoperability of a 3D model or a separate element is not a basis for a refund.
A refund is possible if:
The Buyer could not use the Service due to circumstances beyond their control (force majeure, illness, etc.). All circumstances must be documented.
The Buyer’s balance was not credited due to technical reasons within 24 hours after payment.
Refunds are processed only based on the Buyer’s written request stating the reasons for the refund, providing documents and full refund details. The request may be sent by mail to the Contractor’s address or to the email address specified in this Agreement. The refund is made within 30 (thirty) calendar days from the date the Contractor decides the refund request is justified.
After the paid Subscription ends, the Buyer automatically becomes a User of the free Subscription.
If under the paid Subscription the Contractor did not enable use of the Transfers for reasons beyond the Contractor’s control (technical failure on the Service, Buyer’s illness provided documents are submitted, force majeure), the Subscription term is extended for the duration of such circumstances.
If during the Subscription period the Buyer did not use all Transfers, funds proportional to unused Transfers are not refunded.
If the Buyer is a legal entity, the minimum access term available for purchase is one year. A representative of the legal entity sends a request in free form to:support@3dkeeper.com, after which they receive an agreement and an invoice to be paid. After signing the agreement and paying the invoice, the legal entity receives access to the Database/Service.
Rights and Obligations of the Contractor
The Contractor undertakes to ensure normal and uninterrupted operation of the Service and to maintain and update it to ensure User/Buyer access and normal use.
The Contractor undertakes to take all necessary measures to protect Users’/Buyers’ personal data in accordance with applicable law and the privacy policy.
The Contractor has the right to modify the Application, change its design, add new functions to the Service, update the database, terminate the right to use models and materials without prior consent of the User/Buyer, and also suspend access to the Website during such work.
The Contractor has the right to place advertising relating to the services provided.
If the User/Buyer violates this Agreement, the Contractor has the right to unilaterally terminate this Agreement in full or in part, and/or suspend such User’s/Buyer’s access to the Service.
The Contractor has the right to control, edit, and remove Service content, including (without limitation) removal of obscene language and correction of errors at its discretion, without prior consent of the User/Buyer.
The Contractor has the right to restrict access to any information contained on the Service or separately in the Application/Website at its discretion.
The Contractor has the right to unilaterally change prices at its discretion.
The Contractor has the right at any time, at its discretion, to request documents and other information from the User/Buyer to confirm identity when registering on the Website.
If a substantiated claim is received from a rights holder, the Service reserves the right to block or delete the relevant file from the user’s Storage without prior notice if the file violates copyright.
The Service reserves the right to delete or archive objects that have not been used for more than 180 consecutive days, having sent a prior notice to the user’s contact email.
Rights and Obligations of the User/Buyer
The Buyer has the right to use the Website and the software product (Service) in accordance with this Agreement and applicable law.
Each User has the right to upload and use, under this Agreement, a certain number of 3D models, digital images, and scripts per day. The number is set by the Contractor unilaterally.
Each Buyer has the right to purchase a paid Subscription, which allows downloading and using a number of 3D models, digital images, and scripts determined by the Contractor for a period of 1 (one) month. The number of Transfers used is reflected on the Buyer’s balance. The number of available Transfers is communicated to the Buyer upon purchase of the Subscription before payment is made.
The User/Buyer has the right to send wishes, suggestions, questions, and claims regarding the operation of the Application/Website to support@3dkeeper.com.
The User/Buyer may not transfer the login and password specified during registration in the Application to third parties or use such data jointly with other persons.
The User may not provide third parties access to the contents of their Storage, lease, sell, or otherwise distribute posted objects without obtaining separate consent from the rights holder and/or the Service.
Terms of Work With Authors and Payment for Author Models
From the sale of author models and materials posted in the Application, the Author receives a fixed remuneration of 60% of the amount set by the Author within the range of 100 to 250 rubles (calculation example: the model price is 100 rubles; the author commission is 60% — 60 rubles).
The platform has the right to change the remuneration rate and the minimum/maximum price thresholds; however, if a sale was made at the moment when the payout percentage was set at 60%, the Author will receive exactly that payout percentage.
The Author’s balance is accounted for in Russian rubles.
Withdrawals are available to Authors who received these funds as the author’s percentage from model sales. Withdrawal requests are processed manually and take about two business days.
Withdrawals are available in the personal account under: Funds / Withdraw funds.
Currently, the minimum withdrawal threshold is 1,000 Russian rubles and is available only to cards of Russian banks.
Liability of the Parties
In cases of non-performance or improper performance of obligations under the Agreement, the Parties are liable in accordance with the laws of the Russian Federation, taking into account the terms of this Agreement.
The Contractor is not liable for improper provision of services if such improper performance resulted from inaccuracy, insufficiency, or untimeliness of information provided by the User/Buyer, as well as due to other violations of this Agreement by the User/Buyer.
The Contractor is not liable for any mismatch between the provided service and the User’s/Buyer’s expectations and/or their subjective evaluation; such mismatch and/or negative subjective evaluation are not grounds to deem the services of inadequate quality or provided in an unagreed scope.
The Contractor is not responsible for the full operability of 3D models, digital images, scripts, or individual elements. The fact that certain models/elements are inoperable is not improper performance, nor is it grounds for terminating the Agreement or refunding the Buyer.
If the User/Buyer, for reasons beyond the Contractor’s control, did not use the Service and did not notify the Contractor of their wish to stop using the Service, then the services for use of the Service (or the Application and the Website separately) are deemed properly provided and the funds paid to the Contractor are non-refundable.
The User/Buyer acquires the right to access the Database for the purpose of using it for business activities not related to personal use. In such a case, consumer protection provisions do not apply to the relationship between the User/Buyer and the Contractor.
The Parties are released from liability for failure or improper performance of obligations under this Agreement if such failure resulted from unforeseen, unavoidable circumstances, including earthquakes, fires, floods, other natural disasters, epidemics, accidents, explosions, military actions, changes in legislation, or orders of authorized persons that make it impossible for the Parties to fulfill their obligations. The Parties will use all reasonable efforts to fulfill their obligations and will use the option to postpone performance for an agreed period.
The Contractor is not liable for claims related to access quality connected with the quality of operation of Internet providers’ networks, city telephone networks, subscriber equipment, and other circumstances beyond the Contractor’s competence.
The User bears full responsibility for the legality, accuracy, and content of materials uploaded by them. The 3DKeeper Service does not perform preliminary moderation or legal review of posted content.
The Contractor does not verify or moderate content posted by users in Storage and is not liable for its content.
Dispute Resolution
All disputes and disagreements arising in connection with performance of this Agreement are resolved by negotiation. The period for reviewing a written claim by the Parties is 15 (fifteen) calendar days from the date it is received by email.
If the Parties fail to reach an agreement, all disputes are resolved in court in accordance with the laws of the Russian Federation at the defendant’s location.
Term of the Agreement, Amendment and Termination
This Agreement enters into force from the date it is posted on the Contractor’s Website in the relevant version.
For the User/Buyer, this Agreement enters into force from the moment of Acceptance and remains effective until the Parties fully perform their obligations.
The Contractor has the right at any time to unilaterally change the terms of this Agreement without prior approval from the User/Buyer, while ensuring publication of the amended terms on the Internet on the Contractor’s Website.
Intellectual Property
All informational materials posted in the Database on the Website belong to third parties, and the User/Buyer must independently ensure the lawful use of any Database element in their activities.
If violations of copyright or related rights, false information about an object, or violations of this Agreement are identified, the platform may: -block the relevant object; -suspend payouts to the Author; -delete the Account in case of systematic violations.
Other Terms
In all other matters not regulated by this Agreement, the Parties shall be guided by applicable law.
