One-Time Purchase Licence Agreement

Looking for the free asset usage licence? Free downloads are covered by the Free Asset Usage Licence.

1. Agreement and acceptance

This One-Time Purchase Licence Agreement (the Agreement) is a legal agreement between PolySets (PolySets, we, us, or our) and the individual or organization that purchases an Asset (you or your). It governs your use of each Asset acquired from polysets.com or another store expressly authorized by PolySets.

This is a licence, not a sale. PolySets retains ownership of the Assets. You receive only the rights expressly granted by this Agreement.

You accept this Agreement when you click to accept it, complete a purchase that refers to it, download an Asset, or use an Asset, whichever happens first. Electronic acceptance has the same effect as a handwritten signature. If you purchase or use an Asset for an organization, you represent that you have authority to bind that organization. You must be legally capable of entering into this Agreement.

If you do not agree, do not purchase, download, copy, or use the Assets.

2. Definitions

Asset means a digital asset pack, 3D model, mesh, material, texture, animation, icon, file, documentation, or related content that PolySets makes available under this Agreement.

Final Product means a completed game, application, film, video, visualization, interactive experience, printed work, or other creative production that incorporates an Asset as one component of a larger work. A Final Product does not include an Asset, modified Asset, source file, asset library, template, or similar item distributed for reuse.

Generative AI Program means an artificial-intelligence, machine-learning, neural-network, or similar system designed to train on content, analyze content for model development, or generate or assist in generating visual, audio, textual, three-dimensional, or other content.

Order means the completed transaction through which you acquire a licence to an Asset.

Product means any Final Product and its related promotional materials produced under your direct control.

Seat means one individual who may access or work with an Asset or its Source Files.

Source Files means the original or modified Asset files in a form from which the Asset can be edited, extracted, reused, or redistributed. Source Files include project files and repositories containing an Asset.

Team means your employees, contractors, and creative or technical collaborators who work on a Product under your direct control and need access to the Asset. A person who does not access the Asset or Source Files does not require a Seat.

Website means polysets.com.

3. Licence grant

Subject to full payment of the Order and your continued compliance with this Agreement, PolySets grants you a perpetual, worldwide, non-exclusive, royalty-free, limited licence to use the purchased Asset as follows:

• install and store the Asset on your internal systems and make reasonable backup copies;
• use, adapt, resize, recolour, animate, combine, and otherwise modify the Asset to create an unlimited number of commercial or non-commercial Final Products under your direct control;
• reproduce and distribute the Asset only as incorporated into a Final Product where the Asset is not offered as a standalone item and is not reasonably extractable for reuse;
• use the Asset in screenshots, trailers, advertising, social media, print materials, and other promotion for your Products;
• authorize properly licensed members of your Team to perform these activities solely for your Products; and
• publish Products on any game engine, operating system, platform, or device.

No additional royalty is owed to PolySets for revenue earned from a compliant Final Product. Attribution is not required unless an Asset’s product page expressly states otherwise at the time of purchase.

You own your original contributions to a Final Product. PolySets continues to own the Asset and all PolySets intellectual property embodied in it, including modified versions of the Asset. Modifying an Asset does not expand this licence or transfer ownership of the Asset to you.

Free Assets are governed by the Free Asset Usage Licence, not this Agreement.

4. Seats, contractors, and client work

Unless the Order or product page expressly states otherwise, one purchase includes five Seats. You must maintain enough Seats for the highest number of people who access the Asset or Source Files at any time. Shared credentials, shared download links, or a shared repository do not convert multiple users into one Seat.

You may give a contractor temporary access if the contractor:

• is counted within your available Seats;
• uses the Asset only for your Product and under your direction;
• is bound by written confidentiality and use restrictions at least as protective as this Agreement; and
• permanently deletes all Source Files when the engagement ends, unless the contractor remains covered by an active Seat.

You may use an Asset to create a Final Product for a client. The client may receive and use the completed Final Product, but may not receive the Source Files or continue developing with the Asset unless the client obtains its own licence. You remain responsible for your Team’s and contractors’ compliance.

If your Team exceeds the purchased Seats, you must promptly purchase the additional licences or Seats offered by PolySets at the then-current price, unless PolySets agrees otherwise in writing.

5. Source Files and security

You must protect Source Files against unauthorized access and distribution. Source Files may be shared only with your properly licensed Team and with technical service providers acting solely on your behalf for private storage, version control, backup, or build processing, provided those providers are not permitted to sell, redistribute, train on, or otherwise reuse the Asset.

You must not place Source Files in a public repository, public download, shared asset library, or other location accessible to unlicensed persons. Where reasonably possible, a distributed Final Product must use technical and organizational measures appropriate to prevent end users from extracting the Asset for standalone reuse.

Uploading an Asset to a third-party service is at your risk. It is not permitted if that service’s terms grant it rights to train on, commercialize, redistribute, or reuse the Asset beyond providing the service to you.

6. Prohibited uses

You must not, directly or indirectly:

• sell, resell, sublicense, rent, lend, give away, publish, share, or redistribute an Asset or Source File as a standalone item, whether modified or unmodified;
• use an Asset to create a competing asset pack, stock asset, stock image, clip-art collection, template, starter kit, kitbash library, model library, or other product whose primary value is the Asset itself;
• distribute a Product in a form that allows an end user to extract, edit, export, or reuse the Asset outside that Product;
• use an Asset in an on-demand, made-to-order, build-it-yourself, character-creation, world-building, game-creation, or similar tool where users can generate or obtain reusable content containing the Asset;
• sell or distribute standalone 2D renders of a 3D Asset as stock images, icons, sprites, clip art, or other reusable media, except as incorporated into or used to promote your Product;
• include an Asset in a dataset used to train, test, benchmark, fine-tune, or develop a Generative AI Program;
• use an Asset as input to a Generative AI Program, including for image, video, texture, animation, or 3D-model generation;
• upload an Asset to a service that may use submitted content for Generative AI training or model development;
• create or distribute an NFT or other blockchain token that contains, represents, grants access to, or is derived primarily from an Asset;
• use an Asset in a metaverse, world-building platform, or game-creation platform in a way that lets users extract, export, trade, or reuse it outside your Final Product;
• remove or alter copyright, trademark, attribution, or rights-management information included with an Asset;
• claim that you created or own the Asset, or state or imply that PolySets sponsors, endorses, or is affiliated with you or your Product;
• use PolySets names, logos, product imagery, or trademarks except to truthfully identify a lawfully licensed Asset; or
• use an Asset in a way that violates law, infringes third-party rights, or falls outside the rights expressly granted in this Agreement.

PolySets may approve an otherwise prohibited use only through express written permission. Silence, support discussions, or past tolerance do not constitute permission.

7. Transfer with a Product acquisition

This licence is otherwise non-transferable. However, you may transfer a licence once to a person or entity that acquires all or substantially all rights in a Final Product that incorporates the relevant Asset, provided that:

• you notify PolySets in writing before or promptly after the transfer;
• the transferee accepts this Agreement in writing;
• the transfer includes the entire relevant Product and is not a transfer of the Asset by itself;
• you deliver Source Files only as reasonably necessary for the acquired Product; and
• after the transfer, you delete your Source Files and stop using the Asset except in other Products covered by a separate licence.

A transfer that does not meet all of these conditions is void. PolySets may request reasonable evidence of compliance.

8. Orders, payment, taxes, refunds, and chargebacks

Prices, currency, taxes, and payment methods are shown during checkout or in the Order. Payment providers may apply their own terms. You are responsible for accurate billing and contact information and for taxes, duties, or similar charges legally payable by you that are not collected at checkout.

Refund requests are governed by the Refund Policy and any mandatory rights that apply to you.

If a payment is reversed, charged back, or otherwise not received, the related licence is suspended. The licence will terminate if the full amount is not restored within ten days after written notice, unless the reversal resulted from PolySets’ error or you have a non-waivable legal right to the reversal.

9. Updates, compatibility, and support

The product page identifies the formats and compatibility information represented at the time of purchase. Unless expressly stated, PolySets does not promise compatibility with every application, engine version, operating system, device, renderer, or workflow.

PolySets may provide updates, fixes, or support, but does not guarantee that any update or support service will be available for a particular period. Updates supplied under the same Order remain governed by this Agreement unless PolySets clearly provides separate terms before you download them.

10. Records and licence verification

You must keep reasonable records sufficient to confirm the number of Seats and Products using an Asset while the licence is active and for two years afterward.

No more than once in any twelve-month period, PolySets may request a written certification of your Seat count and use of an Asset on at least ten business days’ notice. PolySets may request additional verification where it has reasonable grounds to suspect unauthorized distribution or material under-licensing. Information received for verification will be kept confidential and used only to administer or enforce this Agreement, except where disclosure is required by law.

You must promptly correct any licence shortfall. If verification identifies a Seat shortfall greater than ten percent, you must also reimburse PolySets’ reasonable external verification costs, to the extent permitted by law.

11. Term and termination

The licence is perpetual unless terminated under this Agreement.

You may terminate a licence by permanently deleting all Source Files, ending all use of the Asset, and stopping new distribution of Products containing it.

PolySets may terminate one or more licences immediately for intentional unauthorized redistribution, fraudulent acquisition, deliberate circumvention of access controls, or an unresolved payment reversal under Section 8. For another material breach, PolySets may terminate if you do not cure the breach within thirty days after written notice.

Upon termination, you must stop using the affected Asset, stop new distribution of Products containing it, and permanently delete all Source Files and backup copies. End users who lawfully received a compiled Final Product before termination may continue using that copy, provided they cannot extract or reuse the Asset. Termination does not require destruction of archival copies that must be retained by law, but those copies may not be accessed except for legal compliance.

Sections concerning ownership, restrictions, payment obligations, records, termination effects, indemnity, liability, governing law, and general provisions survive termination.

12. Ownership and intellectual property

PolySets owns or controls the rights necessary to license the Assets. The Assets and PolySets branding are protected by the Copyright Act (Canada), international copyright treaties, trademark law, and other applicable intellectual-property laws. All rights not expressly granted are reserved.

If you provide feedback or suggestions, PolySets may use them without restriction or payment, provided PolySets does not identify you publicly without permission.

13. Warranties and disclaimers

PolySets represents that it has authority to grant the licence stated in this Agreement. Except for that representation, the product description in effect at the time of purchase, and rights that cannot lawfully be excluded, the Assets are provided “as is” and “as available.”

To the maximum extent permitted by law, PolySets disclaims implied or statutory warranties and conditions, including merchantability, fitness for a particular purpose, non-infringement, uninterrupted use, and error-free operation. You are responsible for confirming that the disclosed formats and technical requirements suit your Product and environment.

Nothing in this Agreement excludes or limits a warranty, condition, guarantee, right, or remedy that applicable law does not allow the parties to exclude or limit.

14. Indemnity

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless PolySets and its owners, officers, employees, contractors, and agents from third-party claims, damages, liabilities, judgments, costs, and reasonable legal fees arising from:

• your breach of this Agreement;
• your Product or your use, modification, combination, distribution, or marketing of an Asset;
• content or technology you combine with an Asset; or
• your violation of law or third-party rights.

This indemnity does not apply to the extent a claim results from PolySets’ breach of this Agreement, fraud, wilful misconduct, or other conduct for which liability cannot lawfully be excluded. Consumer obligations under this section apply only to the extent permitted by applicable consumer-protection law.

15. Limitation of liability

To the maximum extent permitted by law, PolySets will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, business, goodwill, opportunities, or data, arising from or related to an Asset or this Agreement, even if advised that such loss was possible.

To the maximum extent permitted by law, PolySets’ total aggregate liability arising from or related to an Asset or this Agreement will not exceed the amount you paid PolySets for the affected Asset.

These limitations apply regardless of the form of action, including contract, tort (including negligence), statute, or otherwise. They do not limit liability for fraud, wilful misconduct, or any liability, consumer right, or remedy that cannot lawfully be excluded or limited.

16. Ontario consumer rights and electronic transactions

If you are a consumer, nothing in this Agreement waives rights or remedies that cannot be waived under the Consumer Protection Act, 2002 (Ontario) or other applicable consumer-protection legislation, including successor legislation. If a conflict exists, the mandatory law controls.

The Refund Policy, disclaimers, indemnity, liability limitations, governing-law clause, and dispute provisions are all subject to those non-waivable rights.

You consent to receive this Agreement, Order confirmations, receipts, notices, and related records electronically at the contact information you provide. You should save a copy for future reference. Electronic communications and acceptance may be used to form and administer this Agreement as permitted by the Electronic Commerce Act, 2000 (Ontario) and other applicable law.

17. Governing law and disputes

This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles.

Before starting a proceeding, the parties will make reasonable good-faith efforts to resolve the dispute by written notice and discussion for at least thirty days, unless urgent relief is reasonably required.

Subject to any non-waivable consumer right or jurisdiction rule, the courts located in Ontario have exclusive jurisdiction over disputes arising from this Agreement. Nothing prevents PolySets from seeking an injunction or other urgent relief in any court with jurisdiction to stop actual or threatened infringement, unauthorized distribution, or misuse of its intellectual property.

18. General provisions

This Agreement, the applicable Order, the product page as it existed at purchase, and documents expressly incorporated by reference form the entire agreement concerning the Asset. Product-specific terms control only if they expressly state that they modify this Agreement. For permitted use of an Asset, this Agreement controls over conflicting Website terms.

PolySets may update this Agreement by publishing a revised version. A revision applies prospectively and does not reduce rights already granted for a fully paid Order unless you expressly agree or applicable law requires otherwise.

You may assign or transfer this Agreement only as permitted by Section 7. PolySets may assign this Agreement to an affiliate or successor in connection with a reorganization, merger, sale of business, or transfer of the relevant intellectual property.

Neither party is liable for delay caused by events beyond its reasonable control, except that this does not excuse payment obligations or compliance with intellectual-property restrictions.

A failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder will continue in effect. Headings are for convenience only.

Notices and licence requests must be sent in writing to support@polysets.com. Notices to you may be sent to the email address associated with your Order.