Terms of Service
Last Updated: March 13th, 2025
Welcome to Ally3D! These Terms of Service ("Terms") govern your access to and use of the Ally3D website, platform, applications, and related services (collectively, the "Services") provided by Ally3D, a company based in Oklahoma, United States ("we," "us," or "our"). Ally3D is a marketplace for digital products (e.g., 3D models, assets) and services. By accessing or using the Services, you agree to be legally bound by these Terms and our separate Privacy Policy. If you do not agree, you must not access or use the Services.
1. Acceptance of Terms
By accessing, browsing, registering for, or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (collectively, the "Agreement"). These Terms apply to all users, including visitors, buyers, and sellers.
2. Changes to Terms
We reserve the right to modify these Terms at our sole discretion. Changes are effective immediately upon posting the updated Terms on the Services, with the "Last Updated" date revised accordingly. Your continued use of the Services after such changes constitutes your binding acceptance. You are responsible for reviewing these Terms periodically.
3. Eligibility
To use the Services, you must:
We may refuse service to anyone at our discretion.
4. Account Registration
4.1 Account Creation: Access to buying, selling, or uploading content requires an account ("Account"). You must provide accurate, current, and complete information and update it as necessary.
4.2 Account Security: You are solely responsible for safeguarding your Account credentials and for all activities under your Account. Notify us immediately at [[email protected]] of any unauthorized use.
4.3 Restrictions: You may not transfer your Account, impersonate others, or create multiple Accounts to circumvent these Terms.
5. User Conduct
You agree not to:
6. Marketplace Rules
6.1 Seller Responsibilities: Sellers must:
6.2 Prohibited Content: You may not list or sell:
6.3 Buyer Responsibilities: Buyers must pay for purchases promptly and may not use purchased content beyond the scope of the seller’s license.
6.4 Disputes: Sellers and buyers must try to resolve transaction disputes directly. If needed we may, but are not obligated to, intervene at our discretion.
7. Fees, Payments, and Refunds
7.1 Fees: We may charge fees for listing, selling, or other Services, disclosed prior to use. Fees are non-refundable unless stated otherwise.
7.2 Payment Processing: All payments are processed via Stripe. You agree to Stripe’s terms and conditions. We are not responsible for payment delays, errors, or disputes arising from Stripe.
7.3 Refund Policy:
See our Refund Policy for full details.
7.4 Taxes: Sellers are responsible for collecting and remitting applicable taxes. We may withhold taxes as required by law.
7.5 Chargebacks: You agree not to initiate frivolous chargebacks. We may recover losses from chargebacks caused by your actions.
8. Intellectual Property Rights
8.1 Ally3D Ownership: All platform content, code, trademarks (e.g., "Ally3D"), and materials (excluding User Content) are owned by Ally3D or its licensors, protected by U.S. and international copyright and trademark laws.
8.2 User License: We grant you a limited, revocable, non-exclusive license to use the Services as intended, subject to these Terms.
8.3 Seller Licenses: Sellers retain ownership of their digital products/services but grant buyers a license as specified in their listings. Ally3D is not a party to these licenses.
8.4 DMCA Compliance: We comply with the U.S. Digital Millennium Copyright Act. Report infringement to [[email protected]].
9. User Content
9.1 License Grant: By uploading content (e.g., images, videos, 3D models), you grant Ally3D a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, store, reproduce, modify, distribute, and display such User Content to operate, promote, and improve the Services.
9.2 Public Display: User Content may be publicly visible. You waive privacy claims related to its display.
9.3 Responsibility: You are solely responsible for your User Content and warrant that: (i) you own or have rights to it; (ii) it does not infringe third-party rights or laws. We may remove User Content at our discretion without notice.
10. Termination
10.1 By Ally3D: We may suspend or terminate your Account or access at any time, with or without notice, for any reason (e.g., violations, legal risks, inactivity).
10.2 By User: You may terminate your Account by contacting [[email protected]].
10.3 Effects: Upon termination, all rights to use the Services cease. Obligations (e.g., fees, indemnification) survive.
11. Disclaimers
11.1 No Warranty: The Services are provided "as is" and "as available" without warranties, express or implied (e.g., merchantability, fitness for purpose, non-infringement).
11.2 Risk: You assume all risks of using the Services, including content accuracy, transaction disputes, or interruptions.
11.3 Third Parties: We are not liable for third-party services (e.g., Stripe, integrations), User Content, or seller/buyer actions.
12. Limitation of Liability
To the fullest extent permitted by law:
13. Indemnification
You agree to indemnify, defend, and hold harmless Ally3D, its affiliates, and their officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
14. Governing Law and Venue
14.1 Governing Law: These Terms are governed by the laws of the State of Oklahoma, United States, without regard to conflict of law principles.
14.2 Venue: Any legal action arising from these Terms must be brought exclusively in the state or federal courts located in Oklahoma County, Oklahoma. You consent to the jurisdiction and venue of these courts.
14.3 No Arbitration: Disputes will not be subject to arbitration unless required by law.
15. Miscellaneous
15.1 Entire Agreement: These Terms and the Privacy Policy constitute the full agreement between you and Ally3D.
15.2 Severability: If any provision is invalid, the remainder remains enforceable.
15.3 No Waiver: Non-enforcement of a right is not a waiver.
15.4 Force Majeure: We are not liable for delays due to events beyond our control (e.g., outages, natural disasters).
15.5 Third-Party Integrations: We use third-party tools (e.g., hosting, analytics). We are not liable for their performance or failures.
16. Contact Information
Email: [[email protected]]