Terms of Service
Effective Date: 07/08/2024
1. Introduction
Welcome to 3D Item Store, LLC (“Company”, “we”, “our”, “us”). These Terms of Service (“Terms”) govern your use of our precision scale 3D modeling services (collectively, the “Services”). By accessing or using our Services, you agree to comply with and be bound by these Terms.
2. Eligibility
By using our Services, you represent and warrant that you are at least 18 years old or have the legal capacity to enter into a binding agreement. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
3. User Accounts
Registration: You may be required to create an account to access certain features of our Services. You agree to provide accurate and complete information during registration and to keep your account information updated.
Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.
4. Use of Services
Compliance: You agree to use our Services in compliance with all applicable laws and regulations.
Prohibited Conduct: You agree not to engage in any of the following prohibited activities:
Violating any laws or regulations.
Infringing on the intellectual property rights of others.
Posting or transmitting harmful, offensive, or illegal content.
Using our Services for any unauthorized or fraudulent purposes.
5. 3D Modeling and Rendering Services
Initial Render and Material Board: We will provide an initial 3D render of the model and a material color board with all the agreed details, including colors and sizes, for your review and confirmation before fabrication.
Confirmation: Upon your confirmation of the 3D render and material color board, the design is considered final.
Initial Investment: An initial investment amount of 30% is required to begin the process. This initial payment is refundable until the onboarding call takes place.
Onboarding Call: The onboarding call will be scheduled once the initial payment has been processed. After the onboarding call, the initial payment becomes non-refundable.
No Revisions or Refunds: Once you confirm the 3D render and material color board, no revisions or refunds of the initial payment will be allowed.
Additional Charges: Any changes requested after confirmation will incur additional charges and may affect the estimated delivery date.
Delivery Dates: Estimated delivery dates are provided based on the initial agreement. Any changes after confirmation may result in delays.
6. Payments and Refunds
Pricing and Proposals: Pricing for our services is provided as a tailored proposal during our meeting with you. The price varies based on the specifics of your project. The proposal must be signed to proceed.
Payment Plan: Our payment plan consists of a 30% initial deposit to start the project and the remaining 70% will be processed upon delivery and your confirmation of the final product.
Refunds: The initial investment amount of 30% is refundable until the onboarding call takes place. No refunds will be provided after the confirmation of the initial 3D render and material color board.
7. Shipping
3D Item Store, LLC is not responsible for any damage that can occur during shipment and transportation. However, we might be able to offer possible solutions as a courtesy on an exceptional one-time basis, which is not guaranteed.
8. Termination
We reserve the right to suspend or terminate your access to our Services at any time, without notice, for any reason, including but not limited to a violation of these Terms.
9. Disclaimers and Limitation of Liability
Disclaimers: Our Services are provided “as is” and “as available” without any warranties, express or implied. We do not guarantee that our Services will be uninterrupted, error-free, or secure.
Limitation of Liability: To the fullest extent permitted by law, 3D Item Store, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use our Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our Services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (f) the defamatory, offensive, or illegal conduct of any third party.
10. Indemnification
You agree to indemnify, defend, and hold harmless 3D Item Store, LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Texas, without regard to its conflict of law principles.
12. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
13. Contact Us
If you have any questions about these Terms, please contact us at emirgenc@3ditemstore.com.
14. Intellectual Property Rights
Ownership: All intellectual property rights in the designs, renders, models, and materials provided by 3D Item Store, LLC, remain the property of 3D Item Store, LLC. Clients are granted a limited, non-exclusive, non-transferable license to use the final product for the agreed purposes.
Usage: Clients may not reproduce, distribute, or create derivative works from the designs, renders, or models provided without the prior written consent of 3D Item Store, LLC.
Attribution: Any public use of the models or renders, including marketing and exhibitions, must credit 3D Item Store, LLC as the creator.
15. Confidentiality
Confidential Information: Both parties agree to keep confidential and not to disclose to any third party any confidential information, including but not limited to business plans, customer lists, proprietary technology, and 3D design files provided by the client, disclosed by the other party in connection with the Services.
Non-Disclosure Agreement: A separate non-disclosure agreement (NDA) may be signed to cover specific project details and ensure confidentiality.
16. Force Majeure
Unforeseen Events: 3D Item Store, LLC shall not be liable for any failure to perform its obligations under these Terms if such failure results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
17. Entire Agreement
Agreement: These Terms, together with any signed proposals and agreements, constitute the entire agreement between you and 3D Item Store, LLC regarding the use of our Services and supersede any prior agreements or understandings, whether written or oral, relating to such subject matter.
18. Severability
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
19. Waiver
Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and 3D Item Store, LLC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
20. Feedback
Feedback: Any feedback, comments, or suggestions you may provide regarding 3D Item Store, LLC or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
21. Notices
Notices: Any notices or other communications required or permitted hereunder shall be in writing and given by 3D Item Store, LLC via email to the address provided by you, or by you to the contact information provided by 3D Item Store, LLC.
22. Project Scope and Changes
Scope: The project scope, including specifications, timelines, and deliverables, will be detailed in the signed proposal. Any changes to the project scope must be agreed upon in writing and may result in additional charges and changes to the delivery timeline.
Revisions: After confirmation of the initial 3D render and material color board, no revisions will be made unless additional charges are agreed upon. Revisions will also affect the estimated delivery date.
23. Quality Assurance
Quality Control: We strive to provide high-quality 3D models and renders. However, minor discrepancies in color and detail may occur. Clients are encouraged to review the initial render thoroughly before confirmation.
Client Approval: Final products are subject to client approval. Any issues should be raised within 7 days of delivery for possible rectification.
24. Use of Client Materials
Materials Provided by Client: Any materials, images, or information provided by the client for the purpose of creating the 3D models must be owned by the client or the client must have permission to use them. 3D Item Store, LLC is not responsible for any copyright infringement or legal issues arising from the use of client-provided materials.
By agreeing to work with us you automatically agree to our Terms of Service policy. Be sure to carefully read each section of the document.