ZOU3D TERMS OF USE

These Terms of Use (“Terms”) constitute a legally binding agreement between you, the User, and Zou3D (“we,” “our,” or “company”), and govern the access to and use of our services. Zou3D provides access to an exclusive subscription-based community and 3D printing files, as well as other digital content, through third-party platforms such as Patreon (hereinafter referred to as “Third-Party Platforms”).

Zou3D is not responsible for processing payments or account management, as these are handled by Third-Party Platforms. The User is also subject to the terms and policies of these platforms.

We recommend that you carefully review these Terms before using our services. Zou3D reserves the right to update or modify these Terms at any time. It is the User’s responsibility to periodically check for updates. Continued use of our services constitutes acceptance of these Terms and any future amendments.

For any questions or further assistance, please refer to the Support and Contact section.

Changes to the Terms of Use

Zou3D reserves the right to modify, update, or revise these Terms of Use at any time to reflect changes in our services, legal requirements, or business practices. Any changes will be effective immediately upon their publication unless stated otherwise.

Notification of Changes

• For significant changes, we will provide prior notice through our platforms or via email to registered users, when feasible.
• The updated Terms of Use will always be accessible on the platform hosting the services.

User Responsibility

• It is the User’s responsibility to review these Terms periodically to stay informed of any updates.
• By continuing to access or use Zou3D’s services after changes are made, the User acknowledges and agrees to the updated Terms.
• If the User does not agree to the revised Terms, they must discontinue the use of Zou3D’s services immediately.

Account Registration and Security

• Registration: To access Zou3D’s services offered through third-party platforms, such as Patreon, the User must create an account and provide accurate, complete, and up-to-date information as requested by the platform.
• Credential Responsibility: The User is solely responsible for maintaining the confidentiality of their access credentials, including username and password, and for all activities conducted under their account.
• Unauthorized Use: If the User becomes aware of any unauthorized or suspicious use of their account, they must immediately notify the responsible Third-Party Platform and Zou3D. Zou3D is not liable for losses or damages arising from unauthorized access or misuse of the account due to the User’s negligence.
• Data Updates: The User agrees to keep their registration information updated at all times, under penalty of suspension or cancellation of access to the services.
• Zou3D reserves the right to suspend or terminate the access of any User who provides false, incomplete, or fraudulent information.

Description of Services

Zou3D provides access to services via subscriptions hosted on third-party platforms (such as Patreon). The services include:

• Exclusive Community: Access to forums, discussions, updates, and other exclusive content designed for interaction and information exchange among community members.
• 3D Printing Files: Provision of digital files, ready for 3D printing, developed and supplied by Zou3D.
• Other Digital Content: Additional materials such as tutorials, videos, images, and texts, as offered at the time of subscription.

Access to the services is conditioned upon payment and compliance with the policies and terms of the third-party platform where the subscription is purchased. Zou3D may, at its sole discretion, perform maintenance, updates, or modifications to the services, which may result in temporary interruptions. Such interruptions do not constitute a failure or breach by Zou3D and do not entitle the User to compensation or refunds.

Zou3D reserves the right to alter the characteristics of the services offered, providing prior notice to Users in the event of substantial changes.

Payment and Billing

Payments related to Zou3D subscriptions are processed by Third-Party Platforms, such as Patreon. The billing policies, timelines, payment methods, applicable taxes, and any potential refunds will be governed by the terms and conditions of these platforms.

• Payment Information: The User is responsible for ensuring that their payment information is valid and up to date. Failure to pay or the inability to process the due amount will result in immediate suspension of access to the services until the issue is resolved.
• Non-Refundable Payments: Payments made are non-refundable, except as explicitly required by applicable law or the Third-Party Platform’s policy. Zou3D does not issue refunds directly and has no control over the refund policy of the platforms.
• Price Adjustments: Zou3D reserves the right to adjust subscription prices, providing prior notice to Users regarding any changes.

Cancellation Policy

The User may cancel their subscription at any time directly through the Third-Party Platform used to acquire the services. The cancellation:

• Will suspend future recurring charges;
• Will maintain access to the services until the end of the current billing cycle;
• Will not entitle the User to a partial or full refund of any amounts already paid.

The cancellation must be initiated by the User, as Zou3D does not have direct access to process cancellations on behalf of the User on Third-Party Platforms.

Upon cancellation, the User will lose access to the community, the right to sell 3D printing files, and other digital content at the end of the current billing period.

Commercial License

Zou3D grants the User a limited, non-exclusive, non-transferable, and revocable commercial license for the use of digital files provided by the company, strictly for the following purposes:

• Physically printing the 3D models made available through the contracted services;
• Selling the physical prints of these models, provided that all terms of this agreement are fully complied with.

User Responsibility

By utilizing the commercial license, the User assumes full and exclusive responsibility for the use of the files and the commercialization of printed products. This includes:

• Product Quality: The User is responsible for ensuring that the physical printed products meet the quality and safety standards required by local legislation.
• Legal Compliance: The User must ensure that the sale of the printed products complies with all applicable laws, regulations, and standards in their jurisdiction, including those related to consumer rights, product safety, and taxation.
• Operational Independence: In selling printed products, the User acts independently as a manufacturer or supplier. Zou3D is not responsible for any issues arising from the production or commercialization of the physical products, including customer complaints, manufacturing defects, material damages, personal injuries, or legal violations.
• End-Consumer Support: The User must provide direct support to the end consumers of the printed products, addressing defects, damages, or issues related to the products.

• Responsibility for Printed and Sold Products: The User is fully responsible for the products they print and sell, and assumes all liability for any risks, injuries, or damages caused to third parties, including children. The User must ensure that the products are safe for all intended consumers and are appropriately marketed.

• Age-Appropriate Sales and Research: The User is responsible for researching and ensuring that the printed products are suitable for the correct age group in their jurisdiction and for selling only to those who meet the legal age requirements in their location.

Restrictions of the Commercial License

The commercial license granted by Zou3D does NOT permit the following:

• Redistributing, sharing, sublicensing, selling, or making available the digital files provided by Zou3D, whether free of charge or for a fee;

• Claiming authorship or making modifications to the digital files, which remain the exclusive property of Zou3D;

• Creating derivative products or modifying the digital files for redistribution or commercialization purposes without explicit authorization from Zou3D.

Monitoring and Penalties

Zou3D reserves the right to monitor the use of its digital files and physical prints to ensure compliance with these Terms. Any misuse or violation of the provisions in this document will result in the immediate revocation of the commercial license and may include:

• Suspension or termination of access to the services;

• Legal action, including claims for damages resulting from copyright or contractual violations.

Disclaimer

By operating under this commercial license, the User understands and agrees that they act as an independent manufacturer or supplier, with no employment, partnership, or contractual relationship that transfers commercial or legal responsibilities to Zou3D. The User must be aware of their legal and operational obligations when printing and selling products.

Intellectual Property

The use of the commercial license does not transfer any intellectual property rights to the User. All rights to the digital files remain exclusively owned by Zou3D.

Personal Use

The services and content provided by Zou3D are intended exclusively for personal use and limited commercial use, as detailed below:

The User is entitled to:

• Print 3D models provided by Zou3D exclusively for personal purposes, without any commercial intent or redistribution;
• Use images of digital models or physical prints in personal contexts or for non-commercial sharing, provided that;
• Copyrights and proper attribution to Zou3D are respected;
• No claims of authorship or modification of the digital files are made.

Under no circumstances may the User:

• Share, sublicense, sell, redistribute, or make available the digital files provided by Zou3D, either in whole or in part;
• Modify or create derivative products from the digital files with the intent of sharing or redistributing, even if not for commercial purposes;
• Use the digital files or physical prints for illegal, immoral activities or those that conflict with the values and policies of Zou3D.

Copyright Notice

All digital files, images, and content provided by Zou3D are protected by copyright and intellectual property laws. The personal use granted by Zou3D is a limited license and does not transfer any ownership rights over the files or content to the User.

Violation of any provision in this section may result in the immediate revocation of the license, in addition to applicable legal sanctions.

User Responsibilities

By using Zou3D’s services, the User agrees to:

• Provide truthful, accurate, and up-to-date information as required by Third-Party Platforms, such as Patreon, and by Zou3D;
• Protect their access credentials (such as passwords and logins) and not share them with third parties;
• Use the services and content offered only as permitted under these Terms, including the rules for personal and commercial use of physical prints;
• Respect the intellectual property rights of Zou3D and third parties;
• Avoid any abusive or harmful behavior, such as piracy, violations of law, unauthorized distribution of digital files, fraud, or other unlawful activities;
• Comply with the policies of Third-Party Platforms, such as Patreon, where the subscription is acquired.

The User is fully responsible for all items printed using Zou3D’s digital files and any physical products sold or distributed from these prints. This includes, but is not limited to:

• Ensuring printed products comply with applicable local laws;
• Taking full responsibility for any damages, malfunctions, defects, or harm caused to end consumers or third parties resulting from the use, sale, or distribution of printed products.

The User will be fully responsible for any misuse of the services and for any damages caused to Zou3D, Third-Party Platforms, or third parties. Zou3D reserves the right to suspend or terminate access to the service in cases of non-compliance with these Terms.

Intellectual Property

All content made available by Zou3D, including but not limited to 3D printing files, videos, text, images, logos, designs, and other digital materials, is protected by copyright laws, trademark regulations, and other intellectual property rules.

Zou3D permits the use of 3D printing files for personal and commercial purposes as outlined in these Terms. However, the User:

• Does not acquire ownership of the digital files, being granted only a restricted license to use them;
• May not reproduce, distribute, sell, or share the digital files in any form;
• May not claim authorship of the files or any content provided by Zou3D.

Violations of Zou3D’s intellectual property rights may result in legal sanctions, including lawsuits for damages and losses.

Suggestions and Submitted Ideas

If the User submits suggestions, comments, feedback, or any ideas related to Zou3D’s services or content (“Ideas”), the User agrees that:

• The Ideas will be considered non-confidential and not protected by any intellectual property rights of the User;
• Zou3D will have unrestricted rights to use, modify, implement, publish, and commercialize these Ideas without any financial compensation, acknowledgment, or obligation to the User.

Third-Party Materials

The services offered by Zou3D include the use of Third-Party Platforms (such as Patreon) as well as links and external content not controlled or managed by Zou3D. Therefore:

• Zou3D is not responsible for the quality, security, availability, or legality of services and materials provided by third parties;
• The User must comply with the policies and terms of use of Third-Party Platforms, assuming full consequences for any violations;
• Zou3D is not liable for damages or losses resulting from the use of third-party services or external links made available in the community.

Privacy and Data Protection

Zou3D respects the privacy of its Users and is committed to protecting personal data collected in accordance with applicable laws. The collection, storage, and processing of User data will follow the Privacy Policy of the Third-Party Platforms where the service is offered.

Key points include:

• Zou3D may collect personal data such as name, email, payment information, and other details provided by the User or obtained through Third-Party Platforms;
• The collected data will be used for service provision, notifications, customer support, and continuous service improvement;
• Zou3D will not share or sell personal data to third parties, except when required by law or expressly authorized by the User;
• The User is responsible for reviewing the privacy policies of Third-Party Platforms to understand how their data is handled by those entities.

By using the services, the User agrees to the collection and use of their personal data as described in this clause and in the Privacy Policy of Third-Party Platforms.

Suspension/Termination of Access

Zou3D may, at any time and at its sole discretion, suspend or terminate the User’s access to the services and content provided, either temporarily or permanently, in the following situations:

• Violation of these Terms of Use or any applicable policy of Third-Party Platforms;
• Improper or fraudulent use of the services or content provided;
• Failure to pay the subscription or renew it within the stipulated deadlines;
• Activities that compromise the security, integrity, or proper functioning of the services or platforms;
• The User’s explicit request for subscription cancellation;
• Legal requirements, court orders, or demands from competent authorities.

The suspension or termination of access results in the immediate loss of rights to use the content and participate in exclusive communities, without any compensation or refund for amounts paid, unless otherwise required by law.

Zou3D may also take all appropriate legal measures to protect its rights, including seeking compensation for damages resulting from misuse of the services or violation of these Terms.

Disclaimer of Warranties

The services and content provided by Zou3D are offered “as is” and “as available,” without any guarantees, express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement;
• Warranties that the services will be free of interruptions, errors, technical failures, or unauthorized access;
• Warranties regarding the continuous availability of services and content, particularly given the use of third-party platforms.

Zou3D is not responsible for:

• Issues arising from external factors or those beyond its control, such as printing failures, interruptions in third-party platforms, or force majeure events;
• The way Users utilize files and content, including improper or unauthorized use;
• Any damage or loss resulting from the improper use of the services by the User;
• Physical, material, moral, or other damages caused to end consumers or third parties stemming from the use, distribution, sale, or application of printed products or items derived from files and content provided by Zou3D.

The User agrees that Zou3D does not guarantee specific results from using the services or content provided. The User assumes full responsibility for using the information, files, and content obtained through the services.

Limitation of Liability

To the fullest extent permitted by applicable law, Zou3D, its affiliates, partners, or representatives are not liable for:

• Indirect, incidental, special, punitive, or consequential damages, including but not limited to physical harm to third parties, loss of profits, data loss, business interruption, or economic losses;
• Failures or interruptions in third-party platforms beyond Zou3D’s control;
• Improper, fraudulent, or non-compliant use of the services by the User;
• Technical issues related to hardware, software, or the User’s internet connection.

The User understands and agrees that Zou3D cannot guarantee the compatibility of provided files and content with all equipment and systems. It is the User’s responsibility to verify technical requirements before use.

This clause survives the termination of these Terms and applies even after the suspension or termination of access to the services.

Indemnification

The User agrees to indemnify, defend, and hold Zou3D, its legal representatives, directors, employees, partners, and contractors harmless from any liability, loss, damage, cost, expense, or claim (including legal fees and court costs) resulting from:

• Violation of these Terms of Use or applicable laws, whether directly by the User or by anyone acting on their behalf;
• Improper, illegal, fraudulent, or abusive use of the services offered by Zou3D, including the content, communities, and 3D printing files provided;
• Any infringement of third-party rights, including but not limited to copyrights, intellectual property, or personality rights, resulting from the User’s use of services and content;
• Claims or lawsuits arising from the sale of printed products based on files provided by Zou3D that do not comply with the permissions established in these Terms.

This indemnification obligation survives the termination or suspension of access to the services, regardless of the reason.

Governing Law and Jurisdiction

These Terms of Use are governed and interpreted in accordance with Brazilian law, regardless of conflict of law principles.

The forum selected by Zou3D, within Brazilian territory, shall have exclusive jurisdiction to resolve any disputes arising from these Terms, to the exclusion of any other, no matter how privileged it may be.

The User explicitly agrees to make every effort to resolve disputes amicably by contacting Zou3D through its support channels before seeking judicial resolution.

Force Majeure

Zou3D will not be held liable for any delays, failures, or interruptions in fulfilling its obligations under these Terms caused by force majeure events, which are external, unpredictable, and unavoidable events beyond the company’s reasonable control.

Force majeure events include but are not limited to:

• Natural disasters such as earthquakes, floods, storms, and fires;
• Disruptions to essential services, cyberattacks, or widespread failures in internet, telecommunications, or power supplies;
• Acts of war, terrorism, embargoes, insurrections, or civil conflicts;
• Governmental, regulatory, or judicial actions preventing service continuity;
• Pandemics, epidemics, or public health emergencies;
• Failures in third-party systems or platforms used by Zou3D, such as Patreon, beyond the company’s control.

During a force majeure event, Zou3D’s obligations are suspended until the situation normalizes, without liability for losses, damages, or compensation to the User. Zou3D commits to making all reasonable efforts to restore service continuity as quickly as possible.

Transfer of Rights

Zou3D may, at any time and without prior consent from the User, assign or transfer its rights and obligations under these Terms of Use, in whole or in part, to any legal entity or third party through merger, acquisition, corporate reorganization, or any other commercial transfer.

The User acknowledges and agrees that such a transfer does not affect their rights under these Terms. If the User disagrees with the transfer, they may cease using the services by requesting cancellation.

Conversely, the User may not assign or transfer their rights or obligations under these Terms without Zou3D’s prior and explicit consent. Any attempt to do so without consent is considered null and void.

Severability

If any provision of these Terms of Use is deemed invalid, illegal, or unenforceable by a court or competent authority, the remaining provisions remain in full force and effect, unaffected in their validity or enforceability.

Zou3D and the User agree to negotiate in good faith to replace the invalid provision with one that preserves, to the greatest extent possible, the original intent of the parties and the contractual balance established.

Support and Contact

The User may contact Zou3D for clarifications, support, or other requests through the following official channels:

• Third-Party Platforms where the community is hosted;
• Contact email: [email protected].