Terms of Service

Terms of Service

Effective date: 1st July 2026

These Terms of Service (the “Terms”) govern your access to and use of the Services provided by AbstractGroup. By creating an account, subscribing to a paid plan, or otherwise using the Services, you agree to these Terms.

Applicable Terminology

The following terminology applies to this document:

“Customer”, “User”, “You” and “Your” refers to you, the person or organization accessing or using the Services.

“AbstractGroup” refers collectively to Abstract Group GmbH & Co. KG (“Abstract Group”) with offices at Silberburgstraße 102, 70176 Stuttgart, Germany and its direct and indirect operating subsidiaries, including the entities operating the Services listed below. “Ourselves”, “We”, “Our” and “Us” refer to the AbstractGroup entity that is the counterparty for the Service Customer is using, as set out below.

“Affiliate” means any entity that, directly or indirectly, controls, is controlled by, or is under common control with Abstract Group GmbH & Co. KG, whether existing now or in the future.

“Operating Entity” means, in respect of a Service, the AbstractGroup entity identified as the operator of that Service on the Service’s website, imprint, or in the relevant order documentation. The Operating Entity is Customer’s counterparty under these Terms in respect of that Service. Where Customer uses multiple Services operated by different Operating Entities, these Terms apply separately as between Customer and each Operating Entity, and each Operating Entity’s obligations and liability under these Terms are several and not joint.

“Services” refers to any product, service, platform, application, API, website, or other offering operated, provided, or made available by an AbstractGroup entity, whether or not specifically named in these Terms, including without limitation:

  • the Abstract Identity service at id.abstract3d.com (“Identity Service”), operated by Abstract Group;
  • Abstract Polyverse, operated by its Operating Entity;
  • RSX Engine, including any associated editor, runtime, cloud, and ancillary services, operated by its Operating Entity;
  • InstaLOD, including any associated license-management, runtime, cloud, and ancillary services, operated by its Operating Entity;
  • InstaMAT, including any associated license-management, runtime, cloud, and ancillary services, operated by its Operating Entity;
  • and any other Service offered by an AbstractGroup entity from time to time, including websites, applications, APIs, and ancillary services associated with such Service.

“Content” refers to data, files, models, materials, textures, code, configurations, and other content uploaded, created, or stored in the Services under your account, regardless of who uploaded or created it.

“Customer Content” means Content uploaded, created, or stored under a Customer’s account.

“Private Content” means Customer Content that has not been explicitly published, shared publicly, or made accessible to people outside Customer’s team or workspace.

“Public Content” means Customer Content that has been explicitly published, shared publicly, embedded externally, made available through a marketplace or community feature, or otherwise made accessible beyond Customer’s team or workspace.

“Subscription” refers to any paid plan, including renewals, plan changes, add-ons, and trial-to-paid conversions, that Customer purchases for any Service.

“Subscription Fees” means the fees actually paid by Customer to the relevant Operating Entity in respect of a Subscription, exclusive of taxes and any third-party charges.

“Agreement” refers to these Terms, the Privacy Policy, the Data Processing Addendum, the use of any service or product offered by AbstractGroup, and any conduct or matter connected to the relationship between Customer and AbstractGroup. The scope of “Agreement” for purposes of cap-bridging and notice-of-claim is set out in the Liability section.

Defined terms used in the singular include the plural and vice versa, and references to any gender include all genders.

Who These Terms Apply To

These Terms apply to everyone who accesses or uses the Services, including visitors, free-tier Users, and paying subscribers. If you use the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization, and references to “you” include the organization.

These Terms govern Customer’s use of each Service. Customer enters into a separate contractual relationship under these Terms with the Operating Entity for each Service Customer uses. Acceptance of these Terms in connection with a particular Service constitutes acceptance of these Terms as between Customer and the Operating Entity for that Service.

If you do not agree to these Terms, do not access or use the Services.

Your Account

You access the Services through a single account managed by the Abstract Identity service at id.abstract3d.com.

You are responsible for keeping your account credentials confidential and for all activity that occurs under your account, regardless of whether you authorized it. You must notify us without undue delay if you believe your account has been accessed without your authorization. Subject to the carve-outs and statutory floors set out in the Liability section, we are not liable for any loss arising from unauthorized access to your account, except to the extent caused by our breach of our security obligations under the Data Processing Addendum. Each User must use a unique account; account sharing is not permitted.

When you register, you must provide accurate information and keep it current. You must be at least sixteen (16) years old to register for an account.

Free and Paid Subscriptions

The Services are offered on free and paid plans. The features and limits of each plan are described on the pricing pages of the relevant Service.

Free plans are available for evaluation, hobby, learning, and small-scale use. You may use a free plan for evaluation, hobby, learning, or business purposes.

Paid Subscriptions are sold and provided exclusively for business, freelance, or professional use, and are not offered to consumers (Verbraucher within the meaning of § 13 BGB or equivalent). By purchasing or using a paid Subscription, you represent and warrant that you are entering and using these Terms in your business, freelance, or professional capacity, and you acknowledge that consumer protection laws do not apply to your use of the paid Services. We may at any time require evidence of your business, freelance, or professional capacity, and may suspend or terminate access where such evidence is not provided.

Paid Subscriptions renew automatically at the end of each subscription term at the then-current rate, unless you cancel before the end of the term. You can cancel at any time through your account settings; cancellation takes effect at the end of the then-current term.

Your Content

Ownership

You own your Content. We do not claim ownership of anything you upload to the Services.

License You Grant Us For Your Private Content

For private Content, you grant AbstractGroup a worldwide, non-exclusive, royalty-free license to host, store, copy, back up, cache, transmit, index, display to you and the Users you authorize, transcode, generate previews and metadata, perform security and abuse-detection scanning, log and analyze usage (not content) for operational purposes, and transform on your request, in each case as necessary or reasonably useful to operate, secure, maintain, and provide the Services and to defend against legal claims or comply with law. This license ends when you delete the Content, except for limited backup retention and where we are required to retain Content by law.

We do not use private Content to train AI models that we make available to other Customers. This restriction does not prevent (a) per-Customer or per-workspace models that operate solely within Customer’s account, (b) abuse-detection or security models that operate on patterns rather than content, or (c) use of de-identified or aggregated signals.

License You Grant Us For Your Public Content

For public Content, you grant AbstractGroup a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, copy, transmit, display, distribute, transform, create derivative works of, and use for the operation, improvement, marketing, and curation of the Services, including for training and improving AI models that we operate or that operate on our behalf.

This license continues for copies that have already been distributed, even if you later make the Content private or delete it.

You may opt out of the use of your public Content for AI training through your account settings or by contacting privacy@abstract3d.com. Opting out applies going forward and does not affect copies already used in training before the opt-out. Opting out does not affect the other rights you grant in this section.

Your Warranties for Content

When you upload Content, you represent and warrant that:

  • you own the Content or have all necessary rights, licenses, and consents to upload, share, and process it through the Services;
  • the Content does not infringe any intellectual property right, privacy right, or other right of any third party;
  • the Content does not contain unlawful material;
  • if the Content depicts identifiable individuals (for example, photogrammetry of people, voice recordings, or videos), you have obtained the consents required for the processing you perform through the Services.

Restricted Content

The Services are not designed for the processing of certain categories of regulated data. You must not upload to, or process through, the Services any of the following without our prior written agreement:

  • protected health information subject to HIPAA, the German Patientendaten-Schutz-Gesetz, or comparable health privacy laws;
  • payment card data subject to PCI-DSS;
  • biometric data, including detailed scans of identifiable individuals intended for biometric identification or authentication;
  • government-issued identifiers (such as social security numbers, passport numbers, or tax identification numbers);
  • information about children under the age of 16;
  • special categories of Personal Data under Art. 9 GDPR, except where the data is incidentally present in Customer Content (for example, the appearance of an identifiable person in a 3D scan that is not intended for biometric purposes);
  • data subject to specific regulatory regimes (such as Gramm-Leach-Bliley, financial credentials, or comparable laws) that AbstractGroup has not separately agreed to support.

If you are unsure whether your Content falls into one of these categories, contact us before uploading.

Acceptable Use

You will not, and you will not allow others to:

  1. use the Services to violate any law, including laws governing data protection, intellectual property, export controls, child safety, or unlawful content;
  2. upload, store, or transmit Content that is unlawful, defamatory, harassing, fraudulent, or that infringes third-party rights;
  3. use the Services to generate, request, store, transmit, or distribute child sexual abuse material, content that sexualizes minors, or non-consensual intimate imagery of identifiable persons;
  4. circumvent or attempt to circumvent any security, authentication, billing, usage, or technical limitation of the Services;
  5. reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying architecture of the Services, except where this restriction is prohibited by applicable law;
  6. resell, sublicense, rent, lease, or otherwise commercially exploit the Services, or use the Services to provide a competing service or to build a competing product;
  7. publicly evaluate, benchmark, or compare the Services against any other product without our prior written consent;
  8. use automated systems to access the Services in a manner that exceeds normal human use or that interferes with the Services’ operation;
  9. share account credentials, or use a single account in multiple locations simultaneously to circumvent plan limits;
  10. use the Services to develop, train, deploy, or operate a “high-risk AI system” as defined in the EU AI Act (Regulation (EU) 2024/1689) without our prior written agreement; you are solely responsible for the classification of your use of the Services under the EU AI Act and for compliance with all obligations under the EU AI Act applicable to your use, and we make no representation as to the suitability of the Services for any particular use case under the EU AI Act;
  11. use the Services in a manner that overloads, disrupts, or impairs the Services or other Users;
  12. use the Services to send unsolicited communications, malware, or other harmful code;
  13. impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  14. interact with our employees, contractors, or other Users in a way that is abusive, threatening, or harassing.

If we reasonably suspect a violation of these Terms, we may investigate, restrict your use of the Services, suspend or terminate your account, and remove Content. Where the violation is material, we may do so without prior notice.

AI Features

Some Services use artificial intelligence to generate, transform, or analyze Content. AI outputs are generated probabilistically and may contain errors, fabrications, or content that resembles or incorporates third-party material. We make no representation that AI outputs are accurate, complete, original, fit for any purpose, or free of third-party rights including copyright, trademark, patent, publicity, or privacy rights. You are solely responsible for evaluating AI outputs before using them, including for any commercial, public, or rights-clearance purpose.

To the extent any rights in AI outputs vest in AbstractGroup, AbstractGroup grants Customer a non-exclusive, perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, distribute, and create derivative works of such outputs for Customer’s lawful purposes, subject to Customer’s compliance with these Terms. Customer acknowledges that the same or substantially similar outputs may be generated for other Users, and that AbstractGroup makes no representation that outputs are unique to Customer.

Where Customer deploys AI features in a manner that interacts with natural persons, Customer is responsible for compliance with EU AI Act Art. 50 transparency obligations, equivalent obligations under other applicable law, and any sector-specific disclosure requirements.

We do not use private Content to train AI models that we make available to other Customers, subject to the exceptions set out in the License You Grant Us For Your Private Content section. We may use public Content for training and improvement of our AI models and Services unless you opt out as described above.

When AI features rely on third-party model providers, those providers act as our subprocessors under the Data Processing Addendum and are listed on our subprocessor page.

User Content and Other Users

Some Services allow Users to share Content with, communicate with, or interact with other Users, including through marketplaces, community features, multiplayer features, embeds, and shared workspaces. We do not screen User Content before it appears on the Services and we do not endorse, verify, or take responsibility for User Content, the accuracy of User Content, the conduct of Users, or any interaction between Users.

We will not be liable for, and we exclude all liability for, any damage, loss, or claim arising from Content uploaded by other Users, the conduct of other Users, or your interaction with other Users. The Notice and Action mechanism described in our Privacy Policy is your remedy for unlawful Content posted by other Users.

Where the Services support transactions between Users (including marketplace purchases, asset licensing, or service exchanges), AbstractGroup is not a party to those transactions, makes no representation regarding any item transacted, and is not liable for the performance of either party. Disputes between Users are resolved between those Users; AbstractGroup may, but is not required to, provide informal facilitation.

Third-Party Services

The Services may interoperate with services, products, applications, integrations, or content provided by third parties, including services you connect to your account, services that interact with the Services on your behalf, identity providers, single-sign-on services, analytics services, version-control systems, storage providers, AI inference providers other than ours, payment processors, embedded content, and any other external service or component, including those connected via OAuth, OpenID Connect, SAML, API integration, or webhook. We do not control, operate, endorse, or take responsibility for third-party services.

We are not liable for the operation, availability, security, performance, accuracy, or content of any third-party service, or for any act or omission of any third-party provider. Your use of a third-party service is governed by your agreement with the provider of that service. If a third-party service becomes unavailable or changes its terms, we may modify or remove the corresponding integration without notice and without liability.

Beta Features and Free Trials

We may offer Services or features labelled “alpha”, “beta”, “early access”, “preview”, or similar. These features are provided for evaluation and may change, be removed, or be discontinued at any time. They are provided “as is” without any warranty. Use of beta features does not give rise to any claim for damages, refund, termination, or other remedy. Customer’s sole remedy if a beta feature does not meet Customer’s expectations is to discontinue use.

Free trials end at the earlier of (a) the end of the trial period, (b) the start of a paid Subscription, or (c) termination of the trial by us. On end of a free trial without conversion to a paid Subscription, Customer’s data retrieval and deletion rights apply as set out in the Term and Termination section, treating the end of the trial as termination for these purposes.

Subscription Fees and Billing

Subscription Fees and the features included in each plan are set out on the pricing page of the relevant Service. The Operating Entity for each Service invoices and receives payment for that Service.

Fees are due in advance for each subscription term. The Operating Entity invoices monthly or annually as set out at checkout. Fees are exclusive of any applicable taxes (including VAT), which are added at the rate required by law. For business customers in the European Union outside Germany, the reverse charge mechanism applies where eligible.

Late Payment. If Customer does not pay an invoice in full by its due date, Customer is in default (Verzug) without further notice or reminder being required. The Operating Entity is entitled to:

  • statutory default interest at the rate set out in § 288 Abs. 2 BGB (currently nine percentage points above the European Central Bank base rate), accruing from the due date until payment in full;
  • the statutory administrative lump sum under § 288 Abs. 5 BGB in the amount of forty euros (€40) per overdue invoice;
  • recovery of all reasonable costs of collection, including reasonable legal fees and costs of dunning, in accordance with § 288 Abs. 4 BGB.

Suspension. If an invoice remains unpaid more than fourteen (14) days past its due date, the Operating Entity may, without further notice and without liability to Customer, suspend Customer’s access to the affected Service in whole or in part. Subscription Fees continue to accrue during any suspension for non-payment, and Customer remains liable for those Fees and for the late-payment amounts set out above. Reactivation following suspension may be conditioned on payment in full of all outstanding amounts and, at the Operating Entity’s discretion, a reactivation fee not exceeding one hundred euros (€100).

Acceleration. If Customer is in default of payment for any installment of an annual or multi-month Subscription, all remaining unpaid Fees for the then-current subscription term become immediately due and payable.

Termination for Non-Payment. Without limiting the Term and Termination section, if an invoice remains unpaid more than thirty (30) days past its due date, the Operating Entity may terminate the affected Subscription with immediate effect. Termination for non-payment does not extinguish Customer’s liability for Fees and late-payment amounts that accrued before termination. Customer’s data retrieval rights following termination apply as set out in the Term and Termination section.

Cross-Service Isolation. Default in payment to one Operating Entity does not entitle any other Operating Entity to take any action under this section in respect of its own Service, except where required by law or where Customer’s conduct gives independent grounds under these Terms.

Disputed Invoices. If Customer in good faith disputes an invoice in writing within the due date, the late-payment provisions of this section do not apply to the disputed portion of the invoice while the dispute is pending, provided that the undisputed portion is paid by the due date and Customer cooperates in good faith to resolve the dispute promptly.

The Operating Entity may change Subscription Fees for its Service at the start of any new subscription term. The Operating Entity will give Customer at least thirty (30) days’ notice of any change before it takes effect. If Customer does not agree to the change, Customer may cancel before the new term begins.

Service Changes and Availability

We continuously develop the Services. We may add, change, remove, or discontinue features, modify limits, change the way the Services work, change pricing tiers and what they include, or modify the user interface, at any time and in our discretion.

If an Operating Entity discontinues its Service entirely during a paid subscription term, that Operating Entity will refund pre-paid fees for the unused portion of the term. This is Customer’s sole remedy in connection with such discontinuation. Where AbstractGroup offers Customer migration to another Service, acceptance is at Customer’s discretion and does not affect Customer’s refund right.

Changes to the Services do not give rise to any claim for damages, refund, termination, or other remedy, except as expressly provided in this section. The fact that a feature was available when you subscribed does not create an obligation for us to continue offering it.

We do not guarantee uninterrupted access and do not commit to specific service levels.

Term and Termination

These Terms remain in force as between Customer and each Operating Entity for as long as Customer has an active Subscription to that Operating Entity’s Service, and as between Customer and Abstract Group for as long as Customer has an account at id.abstract3d.com.

Customer may terminate the relationship with any Operating Entity at any time by cancelling the affected Subscription, and may terminate the relationship with Abstract Group by deleting the account, in each case through the relevant account settings.

The relevant Operating Entity (or Abstract Group, in respect of the Identity Service) may terminate or suspend Customer’s access to its Service or the Identity Service at any time, in its sole discretion, with or without cause and with or without notice. Without limiting the foregoing, the Operating Entity may terminate immediately, with no liability to Customer, where Customer materially breaches these Terms, fails to pay fees when due, becomes insolvent, is subject to insolvency or comparable proceedings, or uses the Service in a way that creates a risk to the Operating Entity, to other Users, to any third party, or to the operation of the Service. The Operating Entity may, but is not required to, give Customer notice and an opportunity to cure before terminating. Termination of one Service does not affect Customer’s other Subscriptions or Customer’s account at the Identity Service, except where Customer’s conduct gives independent grounds for termination of those other relationships.

After termination, you have thirty (30) days to retrieve your Content using the export functionality of the Services. After this period, we may delete your Content in accordance with the timelines set out in the Data Processing Addendum (typically: production data within 90 days of termination, backup data within 180 days), except where law requires longer retention.

The provisions of these Terms that by their nature should survive termination, including but not limited to Content licenses for already-distributed copies, Restricted Content obligations, AI training opt-outs, the Disclaimer, the Liability section, the Indemnification section, User Content and Other Users, Third-Party Services, accrued fees and late-payment amounts, Confidentiality, Trade Controls, Privacy and Data Processing, Notices, Governing Law, and the General section, survive termination.

What We Don’t Promise (Disclaimer)

The Services are provided “as is” and “as available”. To the maximum extent permitted by applicable law, we exclude all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, accuracy, title, non-infringement, and any warranty arising from course of dealing or trade practice.

We do not warrant that the Services will function in any particular way, will conform to any documentation, will be uninterrupted, error-free, or secure against all attacks, or will produce any particular result. We do not warrant the accuracy or suitability of AI outputs.

Liability

This section applies to claims arising out of or relating to the Agreement, as defined in the Applicable Terminology section.

To the maximum extent permitted by applicable law, AbstractGroup, its Affiliates, and its and their officers, directors, employees, agents, contractors, licensors, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, use, goodwill, business interruption, or cost of substitute services, arising out of or relating to the Agreement or the use of or inability to use the Services, under any theory of liability (including contract, tort, negligence, strict liability, warranty, or statute), even if AbstractGroup has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, the total aggregate liability of each AbstractGroup entity (and its respective Affiliates, officers, directors, employees, agents, contractors, licensors, and suppliers) for any and all claims arising out of or relating to the Agreement or the use of or inability to use the Service operated by that entity, under any theory of liability, will not exceed the Subscription Fees Customer paid to that entity in the twelve (12) months immediately preceding the event giving rise to the claim. Multiple claims, claimants, or theories of liability do not increase this cap. The cap applies separately to each AbstractGroup entity. In no event will the total monetary liability of any AbstractGroup entity under or in connection with the Agreement exceed this cap, regardless of how that liability is characterized or under which provision it is asserted. For Services for which Customer has paid no Subscription Fees in the twelve months preceding the event giving rise to the claim, including the Identity Service if provided without charge, the cap for the relevant entity is one hundred euros (€100).

Where a single event or course of conduct gives rise to claims against multiple AbstractGroup entities, Customer’s total aggregate recovery across all such entities for that event or course of conduct will not exceed the highest single per-entity cap that applies, and recovery from one entity reduces, euro-for-euro, what is recoverable from any other entity for the same event or course of conduct.

Nothing in this section limits or excludes liability that cannot be limited or excluded under applicable mandatory law, including: (a) liability for damages arising from injury to life, body, or health caused by AbstractGroup’s negligent or intentional breach of duty, or by the negligent or intentional breach of duty of an AbstractGroup legal representative or agent; (b) liability for other damages caused by gross negligence or intentional breach of duty of AbstractGroup or any of its legal representatives or agents; (c) liability under the German Product Liability Act (Produkthaftungsgesetz); (d) liability under any express written guarantee given by AbstractGroup; (e) liability for fraudulent concealment of defects; (f) liability of a controller or processor to a Data Subject under Art. 82 GDPR; and (g) liability arising under the third-party-beneficiary provisions of any Standard Contractual Clauses incorporated into the Data Processing Addendum.

Liability for breach of essential contractual obligations (wesentliche Vertragspflichten / Kardinalpflichten) — being obligations on which Customer may regularly rely for the proper performance of the Agreement and the breach of which would jeopardize the achievement of the Agreement’s purpose — is limited to foreseeable damage typical for this type of contract, capped at the per-entity twelve-month aggregate cap set out above. This limitation does not apply to the categories listed in (a) through (g) above.

Each provision of this section that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to allocate the risks of the Agreement between you and AbstractGroup. This allocation is reflected in our pricing and is an essential element of the bargain between us. The limitations in this section apply to the maximum extent permitted by applicable law and even if a remedy provided in the Agreement does not achieve its essential purpose.

Customer should notify AbstractGroup of any claim arising out of or relating to the Agreement in writing at legal@abstract3d.com within twelve (12) months of the date Customer became aware or should have become aware of the facts giving rise to the claim. Failure to give such notice does not bar the claim but may, where the failure has caused AbstractGroup prejudice in investigating, mitigating, or defending the claim, be taken into account in determining damages or remedy. This section does not shorten any statutory limitation period.

Indemnification

You will defend us against, and pay damages and costs (including reasonable legal fees) finally awarded against us in, any third-party claim arising from (a) your Content, (b) your breach of these Terms, or (c) your violation of any law in connection with your use of the Services.

We may give you notice of the claim and offer you control over the defence and settlement (provided that any settlement that imposes obligations on us, or that admits our liability, requires our consent, not to be unreasonably withheld). Where Customer assumes defence, Customer will provide reasonable cooperation. Failure or delay by us in providing notice does not relieve Customer of the indemnification obligation except to the extent the failure or delay materially prejudices Customer’s ability to defend the claim. This section sets out Customer’s sole obligation, and AbstractGroup’s sole remedy, in respect of third-party claims of the kinds described in this section.

We do not indemnify you. If a third-party claim alleges that the Services as provided by us infringe a third party’s intellectual property right, we may at our option (a) modify the Services to be non-infringing, (b) obtain a licence so you can continue using them, or (c) terminate the affected Subscription and refund pre-paid fees for the unused portion. This is your sole remedy in connection with any such claim.

Privacy and Data Processing

Our processing of your personal data is described in the Privacy Policy. Where Customer uses the Services to process Personal Data of persons other than Customer, the Data Processing Addendum applies and is incorporated into these Terms by reference. Customer’s acceptance of these Terms constitutes acceptance of the Data Processing Addendum to the extent applicable to Customer’s use.

Confidentiality

If we share information with you that is marked confidential or that a reasonable person would understand to be confidential, including our pricing, product roadmap, or non-public technical information, you will protect it with the same care you use for your own confidential information, and you will not disclose it to others or use it outside the Services.

The same obligation applies to us with respect to your Confidential Information, including your private Content.

Each party may disclose the other party’s Confidential Information (a) to its Affiliates and to its and their personnel on a need-to-know basis, (b) to professional advisers (including lawyers, auditors, and accountants) under confidentiality, (c) to actual or potential investors, acquirers, lenders, or successors under confidentiality, (d) in the case of AbstractGroup, to subprocessors and service providers as necessary to operate the Services, and (e) where required by law, regulatory process, or court order, with reasonable notice to the disclosing party where lawful.

These obligations do not apply to information that is or becomes public without breach, that the receiving party already had, or that is independently developed without reference to the other party’s information.

Trade Controls

Customer will comply with applicable export control, sanctions, and trade laws, including those of the European Union, the United States, and the United Kingdom.

Customer represents and warrants that (a) neither Customer nor any of Customer’s personnel using the Services is on any sanctions list maintained by the European Union, a Member State, the United States, the United Kingdom, or the United Nations, and that Customer is not located in or operating from a comprehensively-sanctioned jurisdiction; (b) Customer’s use of the Services does not require an export, re-export, or transfer authorization, license, or permit that has not been obtained; and (c) Customer will not export, re-export, or transfer the Services or any Content in violation of applicable trade-control law.

We may suspend or terminate Customer’s access to the Services without notice and without liability where we reasonably suspect that Customer’s use violates this section, or where continued provision of the Services to Customer would expose AbstractGroup to liability or sanction risk.

Customer will defend, indemnify, and hold AbstractGroup harmless from any claim, loss, fine, or cost arising from Customer’s breach of this section, in accordance with the Indemnification section.

Changes to These Terms

We may update these Terms from time to time. We will give Customer at least thirty (30) days’ advance notice of changes that, in AbstractGroup’s determination, materially affect Customer’s rights, through the Services or by email to the address associated with Customer’s account. Your continued use of the Services after a change takes effect means you accept the updated Terms. If you do not accept a change, your sole remedy is to terminate your account before the change takes effect. Changes that are immaterial take effect when posted. Customer may terminate the affected Subscription at any time if Customer disagrees with any change, regardless of materiality, by following the procedures in the Term and Termination section.

General

Entire Agreement

These Terms, together with the Privacy Policy and the Data Processing Addendum, and any other documents expressly incorporated by reference herein, set out the entire agreement between you and AbstractGroup with respect to the Services and supersede all prior agreements on that subject.

Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

No Partnership

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and AbstractGroup.

Force Majeure

Neither party is liable for delays or failures in performance arising from circumstances beyond its reasonable control, including acts of God, governmental action, war, terrorism, civil unrest, labor disputes, fire, flood, earthquake, pandemic, telecommunications or internet failures, third-party service provider failures, denial-of-service or other malicious attacks, ransomware, zero-day exploits affecting foundational software outside the affected party’s control, supply-chain compromise of upstream software or hardware vendors, supply chain disruption, or any other circumstance beyond the affected party’s reasonable control. The affected party will use reasonable efforts to resume performance. Customer’s payment obligations are not subject to this clause. If a force majeure event continues for more than ninety (90) days, either party may terminate the affected Subscription on written notice to the other, with no liability except for fees accrued before termination.

No Third-Party Beneficiaries

Except as expressly stated in the Agreement, including the third-party-beneficiary provisions of the Standard Contractual Clauses incorporated into the Data Processing Addendum, and except for the rights of AbstractGroup’s Affiliates and the persons named in the Liability and Disclaimer sections, who may invoke and enforce those sections directly, the Agreement does not create rights for, and is not enforceable by, any person other than you and AbstractGroup.

Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or struck if no modification is possible. The remaining provisions remain in full force and effect. Without limiting the foregoing, if the cap on liability set out in the Liability section is held to be invalid or unenforceable in any respect, the cap will be reduced or modified to the minimum extent necessary to be enforceable, and if no such modification is possible, AbstractGroup’s liability will be limited to the maximum extent permitted by applicable law.

Notices

Notices to Customer will be given through the Services or by email to the address associated with Customer’s account. Notices to AbstractGroup must be given by email to legal@abstract3d.com or by post to Abstract Group GmbH & Co. KG, Silberburgstraße 102, 70176 Stuttgart, Germany, which serves as the central notice address for all AbstractGroup entities. Where a notice relates to a specific Service, Customer may also give notice directly to the Operating Entity for that Service at the address identified on the Service’s website or imprint. The contact form on abstract3d.com is for general contact only and is not a notice channel for purposes of these Terms. Notices misdirected to a different AbstractGroup contact address will be forwarded internally without effect on any statutory time period running against AbstractGroup, and Customer remains responsible for using the correct address as set out in this section.

Governing Law

These Terms are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods. Mandatory consumer protection laws of the country in which you have your habitual residence remain unaffected where they apply.

Venue

The exclusive venue for disputes arising out of or relating to these Terms is Stuttgart, Germany, to the extent permitted by law.


Abstract Group GmbH & Co. KG, Silberburgstraße 102, 70176 Stuttgart, Germany, on its own behalf and as central notice and contact point for AbstractGroup operating subsidiaries. Contact: abstract3d.com/contact

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