1. Introduction
Thank you for choosing 3D Agora as your primary platform for 3D visualization projects. 3DAgora.com ("3D Agora") is the world's first 3D Architectural Visualization Platform. 3DAgora.com is unique because it not only brokers but also facilitates real-time collaboration between 3D artists and their clients. By using the platform, you agree to abide by the GTC presented below.
Please note that these GTC constitute a legally binding written agreement valid for an indefinite period. When necessary, we may change, remove, or add sections and services of 3D Agora based on feedback received from clients and 3D artists. Any changes to the GTC shall become effective immediately upon posting on 3DAgora.com. In cases where laws and regulations stipulate, we shall inform you beforehand to allow sufficient time to adapt to those changes. Please pay particular attention to the sections below, which explain the steps to take before and during the use of 3DAgora.com.When we make changes to our services or T&C, these modifications may impact on how you use our platform. We will provide a detailed explanation of these changes, how they might affect you, and any actions you may need to take. These explanations will be accessible directly from the announcement of changes to ensure you have all the necessary information.
2. Service provider of 3D Agora.com
Platform Solutions Ltd.
Address, 6000 Kecskemét (Hungary), Kaszap str. 11.
Court Reg Nr: 03-09-136128
Tax nr: 27822872-2-03
Contact: privacy@3dagora.com
hereinafter: “Platform Solutions Kft.”
3. Cloud Storage Service Provider
Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, L-1855, Luxembourg
4.Consumer Service Help Desk
Worldwide Help Desk: helpdesk@3dagora.com
5. Optimal Hardware and Software Requirements and Bandwidth
Operating System
|
Browser
|
Bandwidth
|
- Windows 7
- Windows 10
- OS X 10.9
- iOS 5 and higher
|
- Google Chrome - versions 50+
- Microsoft Edge - versions 12+
- Mozilla Firefox - versions 48+
- Apple Safari - versions 10+
|
|
6. Right of Withdrawal, cancellation policy
6.1. Platform Solutions reserves the right to terminate any agreement with the Client at any time, in accordance with Clause 10.3 of the GTC, by providing one month's notice for any material reason, which may include, but is not limited to:
6.1.1. A change in the law governing electronic services provided by Platform Solutions Kft. that affects the reciprocal rights and obligations set forth in the contract between the Client and Platform Solutions; this includes changes resulting from court judgments, decisions, or recommendations of that law, or recommendations of competent authorities or bodies, or a changed interpretation.
6.1.2. A change in the way the services are provided for purely technical or technological reasons, particularly by updating the technical requirements);
6.1.3. If the Client breaches any obligation listed in Section 8.11
6.2. Platform Solutions Kft. will send its statement, as referred to in section 6.1 above, to the email address provided by the Client when creating the account.
6.3. Platform Solutions Kft. reserves the right to cancel the Client's account if it has been inactive for at least 3 years.
6.4.The Client may delete their account from 3D Agora without the assistance of 3D Agora’s Help Desk by simply clicking the "delete account" button in the profile settings.
6.5. The Client and 3D Artist may terminate their account immediately after registration. The service provider may extend the deletion of the Client/3D Artist account to 14 days after receiving the withdrawal request due to technical reasons.
6.6. The withdrawal request may also be sent via email to the Help Desk, but it must include the following text:
"With this statement, I exercise my right of withdrawal concerning the service of 3D Agora.com.
Date of conclusion of the contract:
Name of the Client(s):
Address of the Client(s):"
This right can be exercised using the same email account you registered with in your Client/3D Artist Account. The email shall be sent to helpdesk@3dagora.com
6.7. Please note that you do not have the right to withdraw from ongoing 3D Project(s) unless you jointly submit a request as regulated in Section 10. of this GTC. Any submitted 3D Project orders are individualized and, therefore, cannot be revoked unless the Parties mutually agree to do so.
6.8. Data entry errors can be corrected if the Client sends the order by mistake or with incorrect content to the following address: helpdesk@3dagora.com
6.9. If you registered a Client profile and deposited funds into Stripe.com’s deposit account, you may decide to close your account. In that case, upon notification to the Consumer Service Help Desk, we will also inform Stripe.com that you intend to close your deposit account.
7.
Frequently Used Terms on 3D Agora
7.1. The "Client" is a potential customer or user who requests the creation of one or more 3D images within a 3D project. Clients do not maintain a portfolio (see 7.3). 3D artists can only view clients when they are contacted regarding a 3D project (see 7.4). At that juncture, 3D artists will gain access to the client's profile and ratings, but they will not have visibility into specific information about the client's previous projects except for previous reviews.
7.2. The "3D Artist" is a design expert who offers services to create 3D images upon the client's request.
7.3. The "3D Artist Portfolio" is a compilation of reference images that a 3D artist uploads to their profile upon registering on the site. Clients have unrestricted access to this gallery. The quality of the 3D images uploaded to the portfolio substantially impacts the client's decision when selecting a 3D artist. It is advisable for all 3D artists to meticulously curate their gallery. Additionally, 3D artists may frequently update their portfolios.
7.4. A "3D Project" is the generic term for the products created by the 3D artist or ordered by the client.
7.5. A "3D Image" is the product or products that a 3D artist creates as part of a 3D project.
7.6. The "Collaboration Board" is a user-friendly interface that opens exclusively when a project becomes active upon quote acceptance. Each 3D project has its separate Collaboration Board. Here, the 3D artist uploads the "angle suggestions" and subsequent previews based on the selected angle suggestions, which the client can comment on until they approve the final 3D images.
7.7. A “Consumer” refers to natural persons acting for purposes outside their professional or economic activity, who purchase, order, receive, or use goods, or are recipients of commercial communication or offers related to goods. For the purposes of rules on conciliation boards, except for the application of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, non-governmental organizations, ecclesiastical legal persons, condominiums, housing cooperatives, micro, small, and medium-sized undertakings subject to separate Acts, acting for purposes outside their independent or economic activities, who purchase, order, receive, or use goods, or are recipients of commercial communication or offers related to goods, also qualify as Consumers. For the purposes of Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence, or place of establishment within the internal market, and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (hereinafter “Regulation (EU) 2018/302”), undertakings qualifying as customers under Regulation (EU) 2018/302 also qualify as Consumers. In this GTC, the term Consumer may refer to the Client or to the 3D Agora Artist if they are natural persons.
8.
About 3D Agora‘s Functions and Services
8.1. 3D Agora is a collaborative platform that facilitates cooperation between clients and 3D artists, offering various functions and services. The platform acts as an intermediary; Platform Solutions Kft. and 3DAgora.com are not the sellers or purchasers of any product or service. No purchase agreement is made between Platform Solutions and the client or the 3D artist. Therefore, Platform Solutions Kft. assumes no responsibility for the performance, potential failures, or delays of the client and/or the 3D artist.
8.2. Platform Solutions Kft. will ensure that the consumer is notified of and receives any updates, including security updates, necessary to maintain the conformity of the digital content or digital service.
8.3. Important Notice: Presently, 3D Agora's services are globally available with certain limitations. For 3D artists, our coverage extends only to countries where Stripe.com provides payment services. 3D artists residing outside of Stripe-covered countries are unable to create Stripe.com accounts, thus unable to receive payments for projects. Please refer to the latest service updates at https://stripe.com/global. In the future, we aim to collaborate with additional third-party payment system providers to enhance 3D Agora's global payment coverage for 3D artists.
8.4. For clients, there are no country limitations; individuals from around the world can order 3D projects through 3D Agora. These General Terms and Conditions (GTC) apply to services provided within Hungary.
8.5. Items displayed on 3D Agora can be used for personal or commercial purposes. Please be aware that you are responsible for your actions on the portal; therefore, ensure that you adhere to the principles of accountability and liability.
8.6. As a Client or 3D Artist, you may inevitably utilize external content or outside resources. Please note that 3D Agora is not in a position to pre-examine visual content inserted on Collaboration Boards.
8.7. Please note that 3D Agora cannot control, supervise, or immediately remove content that may infringe upon Intellectual Property Rights. Therefore, we appreciate any notice, message, or complaint about a potential violation of such laws and regulations.
8.8. As a Client or 3D Agora Artist, you are responsible and liable for any visual and descriptive content posted or uploaded to the portal.
8.9. Please note that third-party content or other copyright-protected items may appear on 3D Agora. Always ensure that any proposed, transformed, or applied visual content is not copyright protected, or that you have rightful access to such content, in order to share it with the 3D Artist or Client.
8.10. All visual and written content published or posted by 3D Agora is protected by strict copyright laws.
8.11. In particular, the Client and 3D Agora Artists are obliged to:
8.11.1. provide only accurate, up-to-date, and complete customer data on the forms made available on 3D Agora;
8.11.2. Immediately update the data, including personal data, provided by the Client and/or 3D Agora Artist;
8.11.3. Use the services and features provided by Platform Solutions Kft. in a manner that does not interfere with the operation of Platform Solutions Kft. or 3Dagora.com;
8.11.4. use the services and features made available by Platform Solutions Kft. in accordance with applicable law, the GTC, and relevant good practice and accepted principles of community living;
8.11.5. use the services and functions made available by Platform Solutions Kft. in a manner that does not cause inconvenience to other Clients, 3D Agora Artists, or Platform Solutions Kft..
8.11.6. refrain from publishing or transmitting any content that is prohibited by applicable law when using 3Dagora.com, in particular, content that infringes the economic copyrights or personal rights of third parties;
8.11.7. refrain from, for example: posting or sharing unsolicited commercial information on 3dagora.com or sharing any infringing content (sharing of illegal content is prohibited).
8.12. Confidentiality Clause: the Clients and 3dagora.com Artists are obliged to keep trade secrets. It is inevitable that Clients shares business ideas, plans or documents and audiovisual content with 3D Artists that may contain commercially exploitable information. This data may not be shared with third parties under civil and criminal liability. Please note that trade secrecy plays an elemental role in keeping customer confidence. If any claim or complaint is addressed to 3Dagora, we may decide on immediate ban as stipulated in section 21.5 of this Policy. Upon noticing of such conduct, 3Dagora shall be entitled to ban one or both Parties from further use of the platform immediately even before any investigation or dispute resolution takes place.
9.
Communications of the Parties
9.1. We encourage Clients and 3D Artists to vividly use, share, discuss, and develop 3D Projects. As a 3D Artist, you agree that you will follow the highest standards in communicating with Clients.
9.2. 3dagora.com hosts the Collaboration Board to facilitate 3D project-related communication between the Client and the 3D Artist. Both Parties may enjoy access to the Collaboration Board and the 3D Agora Direct Messaging interface.
9.3. 3D Agora strongly encourages parties to solely use the Collaboration Board for 3D Projects. 3D Agora strongly discourages Parties from conducting side-bar conversations using social media or other online messaging tools. If you start using more than one communication channel, the communication may become fragmented and vital messages and instructions may be lost, resulting in an unpleasant Consumer experience.
9.4. Please note that upon notification or as a result of regular system checkups, 3D Agora may suspend the 3D Project for additional scrutiny or immediately refuse service if alternative lines of communication are discovered.
10.
Early Cancellation of the Client and 3D Artist Agreement
10.1. Both the Client and the 3D Artist may terminate the collaboration based on mutual agreement.
10.2. If any work has been done before cancellation, it shall be compensated, and the remaining amount refunded.
10.3. There is no time limit for early cancellation. Parties may terminate their contract at any time with mutual consent. If there has been any work done already, the 3D Artist shall be compensated and only the remaining amount shall be refunded.
10.4. Please note that the service fee payments to 3D Agora or Stripe cannot be refunded for technical and service continuity reasons.
11.
Right of withdrawal from the Order of the Consumer
11.1.The Consumer (namely: the Client or the 3D Artists) has no right of withdrawal without reason in accordance with Government decree 45/2014, since the 3D Project is a non-prefabricated product that has been produced on the Consumer's instructions or at the Consumer’s express request, and the product is clearly personalized to the Consumer.
12.
Extension of the Collaboration between the Parties
12.1. 3D Agora may allow the extension of the scope of a running project under the same project ID. In practice, a 3D Artist, upon the Client’s request, may add additional 3D images to the existing order list. Appropriate if another advance payment is offered if the Client asks for that extension. Advance payment is not optional in the case of extra orders. To activate that extra order Client shall be obligated to deposit its full price.
13.
Narrowing the scope of the collaboration
13.1. After submitting an order, it is impossible to withdraw or narrow its scope. If there is an agreement between the parties, they may initiate a new collaboration under a newly registered project to a limited extent. Please note that an abandoned project may generate additional costs for you since the cost of releasing deposits and related fees is not refundable. We suggest you carefully plan the project's scope before initiating it.
14.
Client statements
14.1. The Client should confirm that the final product aligns with their expectations and meets the desired criteria. The Client shall be responsible for giving feedback at different stages of the 3D visualization project. All documentation on the Collaboration Board, namely the exchange of messages, files, links, and images will be kept for five (5) years after the closure of the project to make sure that any legal claim that may arise in the future regarding delivery or quality and timing of the delivery shall be complied with.
14.2. The high-resolution 3D images will be available for all the Parties for 5 years as per 3D Agora’s current plan.
15.
Finalizing 3D Projects
15.1. Upon successful delivery of the final previews, the Client may approve the final delivery. After approval, the 3D Artist may upload the final product and make it available for download.
15.2. The release of funds towards the 3D Artist account will be automatically initiated when the Client clicks the „Accept final files” button.
15.3. The same process is the following: Client has no more comments>Client clicks „accept delivery” button>3D Artist uploads final files>Client clicks „accept final files” button>payment is initiated to be released automatically to 3D Artist’s account.
15.4. The project is marked as completed, but the Collaboration Board with the files and tasks are still accessible to both parties. Alterations/editing cannot be made at this point.
15.5. 3D Agora stores all projects and related information for 5 years without charging a data storage fee. Before the expiry of the 5-year period, the system will notify users to inquire whether they want to store the project's data for more than 5 years. If you choose to store the data beyond this period, the system will charge a monthly fee based on the amount of data. The fee charged by 3D Agora for data storage will be based on the pricing of the current data storage partner plus 10%.
16.
Payment and Service Fees
Payment to the 3D Artist
16.1. After the client accepts the delivery of the final previews, the 3D artist shall send the final files to the client. The client shall have the opportunity to approve the final files, and only afterward shall the 3D artist receive payment (see 17.2). The exact process is as follows: the client has no more comments > the client clicks on the "accept delivery" button > the 3D artist uploads the final files > the client checks the final files > the client accepts the final files.
16.2. Please note that the payment occurs automatically when the client clicks on the "accept final files" button. (The client can check the final files before this!). At this stage, the payment is released immediately from Stripe.com's deposit account.
16.3. Service fees that have already been released from the Stripe.com deposit account for the 3D artist's funds or handling fees charged by 3D Agora cannot be refunded.
16.4. If the client ceases to maintain contact after receiving the final files and fails to click the "accept final files" button—thereby not releasing the payment—the 3D artist can contact the 3D Agora helpdesk. The 3D Agora helpdesk will make its best efforts to contact the client, and if the client cannot be reached within 10 days, 3D Agora will manually release the payment to the 3D artist's account.
16.5. If the client unilaterally abandons the collaboration board during the project, the 3D artist can contact the 3D Agora helpdesk. 3D Agora will make its best efforts to reach the client. If the client cannot be reached within 10 days, 3D Agora will compensate the 3D artist from the deposited funds and refund the remaining amount to the client's account.
16.6. The 3D artist shall not be obligated to send any previews, work, or anything else before these deposits are completed.
16.7. Please note that service fee payments to 3D Agora are non-refundable.
16.8. The service fee includes all associated costs and fees for 3D Agora.
16.9. The service fee is subtracted from the deposit amount upon project completion, while the 3D Artist's fee is then released from the deposit account.
16.10. Simplified: The Client will pay the full amount stated in the offer, and the 3D Artist will receive payment minus the 3D Agora service fee (plus VAT if applicable).
16.11. 3D Agora's service fee is 20% (plus VAT if applicable) of the project cost, exclusively deducted from the 3D Artist's service fee, which is then paid out from the Project’s deposit account.
16.12. There are no flat rates or monthly fees on 3D Agora. Its service fee encompasses all costs, including those from third-party service providers.
16.13. In case the Client and 3D Artist mutually decide not to collaborate after their agreement, and the 3D Artist hasn't earned any payment yet, the total amount, minus the original Stripe charge, will be refunded to the Client's bank account. In such instances, 3D Agora will waive the 20% service fee.
16.14. If partial performance occurs, meaning the Client receives partial payment, 3D Agora's 20% fee (plus VAT if applicable) will be deducted from the amount paid to the 3D Artist.
Payment to the financial service provider
16.15. The financial service provider for online deposits, payments, and the partial or complete release of funds on 3D Agora is Stripe.com (see Privacy Policy). Stripe is a payment processing company that collaborates with businesses to facilitate payments through their websites, apps, and physical stores. Please be aware that Stripe.com reserves the right to alter fees at its discretion, without prior notice, and for any reason.
16.16. Please note that service fee payments made to Stripe are non-refundable.
16.17. For Stripe, there are no fees associated with refunding a charge, but the fees from the original charge are not returned. For further details, please refer to the stripe.com website.
16.18. In the event of proper delivery, the rejection of payment (refer to sections 17.4. and 17.5.) may give rise to civil law claims in a competent court. This right can be exercised by either the 3D Artist or 3D Agora.
16.19. Due to international laws and regulations, Stripe, as a third-party payment system provider, can hold funds in escrow for a maximum period of 90 days. To adhere to these time limit requirements, 3D Agora allows 3D Artists to set a maximum project deadline of 85 days. On the 85th day, the funds will be returned to the Client’s account, and 3D Agora can manually send a new deposit link for redepositing the funds. During this period, the collaboration board of the project will remain uninterrupted, allowing work to continue without disturbance.
16.20. >3D Agora implements a tiered commission structure, collecting commissions from 3D Artists for all delivered projects. This structure allows 3D Artists to progressively reduce commission deductions as their total earnings increase. The tiered commission structure comprises three levels:
•
A 20% commission fee is applied to the first EUR 50,000 of total earnings.
•
For earnings exceeding EUR 50,000, the commission is reduced to 16%.
•
Once total earnings reach EUR 100,000, a permanent 12% commission rate is established.
Commissions are calculated based on the net fee of the project. After deducting the commission, the remaining proceeds (minus VAT on the commission, if applicable) are transferred to the 3D Artists’ account. It's important to note that clients of 3D Agora are not subject to any commission charges.
17.
Partial Delivery and Payment
17.1. If the parties mutually agree, they may opt for partial delivery. In such a scenario, based on mutual consent, they cannot release a specific portion of the fee to the 3D Artist’s account. In this case, they should contact the 3D Agora helpdesk, and the 3D Agora helpdesk will facilitate this action if mutual consent is reached.
17.2. Clients do not have a dedicated deposit account; the project does. Currently, clients are obligated to deposit the full project fee upon accepting an offer. Additionally, if there is an extra charge under the same project ID, clients must deposit the full amount of the extra fee before officially activating that extra order. The 3D Artist is not required to send any previews or work before these deposits are completed.
18.
Dissatisfactory performance of the 3D Artist and Refund
18.1. Please note that the previously agreed project specifications, quality, format and resolution are crucial aspects of a successful collaboration. If the 3D Artist fails to deliver a final product that meets the agreed-upon criteria, is deficient, or remains unfinished, or if technical errors occur, the Client should promptly notify the 3D Artist upon discovering these issues.
18.2. The Client may directly contact the 3D Agora Help Center if:
•
The quality of the delivered project is clearly below expectations.
•
The project is not original; instead, it's a copy of an earlier or different product.
•
The delivered project significantly differs from the product samples promoted by the 3D Artist Portfolio
18.3. After reviewing the complaint, the Help Center may either agree with it or subject it to scrutiny. If the complaint is well-substantiated and beyond doubt, the Help Center may issue a full or partial refund of the Client’s payment. In cases of scrutiny, the Help Center may:
•
Advise the parties to resolve the conflict and facilitate further negotiations.
•
Gather and review previous messages, drafts, and visuals exchanged.
•
Consider and compare previous projects of the 3D Artist as evidence.
18.4. If the Client has reviewed the final product but still desires a public or professional evaluation from 3D Agora’s expert team, 3D Agora may impose restrictions on 3D Artists, such as:
•
Issuing a written warning.
•
Temporarily limiting the acceptance of new projects.
•
Temporarily banning the acceptance of any project.
•
Suspending the 3D Artist’s account.
18.5. To qualify for a full or partial refund and to cancel the project, the Client must cooperate with 3D Agora. Cooperation involves actively participating by sending or opening files in any recorded format for scrutiny, concerning any related past and recent communication with the Winning 3D Artist under the relevant project ID. The collected evidence will be securely held by 3D Agora until the case is resolved. If, after investigation, the 3D Artist is found ineligible for payment or remuneration, these materials will be retained for five years as evidence for any future claims or negotiations.
18.6. The 3D Artist can assert that the Client has unreasonably disregarded the regulations outlined in this GTC. In such instances, the 3D Artist can seek guidance and assistance from the 3D Agora Help Desk by reporting the Client’s behavior. In this situation, 3D Agora, at its sole discretion but within reasonable bounds, may choose to impose sanctions against the Client, as outlined in section 18.4.
18.7. Provisions set in the current Conditions of Use must be exercised by the Client and the 3D Artist within reason and integrity.
19.
Notice of Dispute Resolution measures
19.1. 3D Agora, as an online service provider, is positioned and legally obligated to engage in dispute resolution mechanisms outlined in Sections 18-21 of this GTC. Nonetheless, 3D Agora encourages parties to attempt to resolve disputes amicably either independently or with the assistance of the 3D Agora Help Desk.
19.2. The involved parties should establish the terms of expected service delivery and fulfillment of the Client’s requirements well in advance of the delivery. They can jointly determine whether the project can be successfully completed, partially completed, or canceled. The support team members at 3D Agora’s Help Desk will endeavor to assist and advise the parties to the best of their ability, aiming for the peaceful closure of every 3D project. Our greatest reward is witnessing satisfied clients whose project aspirations have been realized by 3D Artists.
20.
Contacting Clients directly desist from using 3D Agora
20.1. Please be aware that 3D Agora’s Consumer Support team can only provide support services, address technical issues, or resolve project-related conflicts between parties if all relevant communication occurs on 3D Agora's platform.
20.2. Only 3D Artists who have registered on 3D Agora can access detailed information about Clients published 3D projects.
20.3. 3D Agora strictly prohibits 3D Artists from registering on its platform for the purpose of collecting Clients’ data.
20.4. 3D Agora advises 3D Artists to communicate with Clients solely and exclusively on the platform to avoid possible data loss, misunderstandings, or conflicts regarding the collaboration's scope, objectives, and payment.
20.5. Upon noticing such conduct, 3D Agora shall be entitled to immediately ban the parties from further use of the platform.
20.6. After registration, 3D Artists are allowed to contact and interact with Clients listed on 3D Agora only through the 3D Agora platform.
20.7. Contacting and interacting with Clients registered on 3D Agora to extract personal contact information to create 3D work shall be considered a material breach of the GTC and will result in an immediate ban from 3D Agora.
20.8. 3D Agora may immediately refuse any guarantees, professional advice, support, or dispute resolution if it is noticed that parties have sporadically, partially, or entirely abandoned the collaboration platform and conducted communication on other platforms, including social media, chat, phone, or email services.
20.9. Upon noticing such use of alternative communication methods, 3D Agora may immediately, in accordance with the current Conditions of Use, ban services and provide an appropriate refund of paid deposits.
21.
Contacting 3D Artists directly by abandoning 3D Agora
21.1. Please note that 3D Agora’s Consumer Support team is only able to provide support services, address technical issues, or resolve project-related conflicts between parties if all related communication takes place on the 3D Agora platform.
21.2. Information about 3D Artists is only visible to Clients who have registered on 3D Agora.
21.3. 3D Agora strictly prohibits Clients from registering on the platform solely to collect 3D Artists’ data.
21.4. After registration, Clients are allowed to contact and interact with 3D Artists listed on 3D Agora only through the 3D Agora platform.
21.5. Contacting and interacting with 3D Artists registered on 3D Agora to extract personal contact information for creating 3D work shall be considered a material breach of these Conditions of Use. It will result in an immediate ban from 3D Agora.
21.6. 3D Agora may immediately refuse any guarantees, professional advice, support, or dispute resolution for the future upon noticing that Parties have sporadically, partially, or entirely abandoned the collaboration platform and conducted communication on other platforms, including social media chat, phone, and email services.
21.7. Please note that 3D Agora, upon noticing such use of alternative communication methods, may immediately, in accordance with the current Conditions of Use, ban services and provide an appropriate refund of paid deposits.
22.
Commercials and Adverts
22.1. 3D Agora operates with third-party banners and adverts for partnering service providers, and it also utilizes online marketing services. Further information on these practices can be found by reading the Privacy Statement and Cookie Notice.
23.
Liabilities
23.1. A license shall be granted to Content that the 3D Artist uploads to their online Portfolio on 3D Agora. The images created in the 3D Projects may be confidential and cannot be published in many cases. Furthermore, if the 3D Artist, at their own discretion, uploads the work as a reference in their Portfolio without the Client’s permission, 3D Agora may not be held accountable.
23.2. The 3D Artist grants 3D Agora a perpetual, non-exclusive, worldwide, royalty-free, sublicensable license to the Content submitted to their Portfolio. This includes the right for 3D Agora, without limitation, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt the content. This adaptation right extends to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies, in any form or media known or developed in the future.
23.3. 3D Agora is a unique online platform designed to facilitate collaboration between Clients and 3D Artists. All visuals and texts displayed on the website are the sole property of the website owner.
23.4. Both parties should refrain from using disruptive or defamatory language. Such behavior, if noticed, may lead to immediate withdrawal of services and exclusion from the portal.
23.5. You agree not to use language that abuses or discriminates based on race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech will result in suspension or termination of access to some or all portal sections.
23.6. Reproduction, copying, or visual framing of 3D Agora is strictly prohibited by Hungarian and international laws and regulations on intellectual property rights. In specific cases, 3D Agora may permit the use of its name, logo, and related items solely through a written agreement.
23.7. 3D Agora reserves the right to initiate criminal and civil proceedings against you, your company, or any subsidiary company or companies engaging in the use of content for lucrative or fraudulent activities.
24.
Age restriction
24.1. According to Hungarian laws and regulations, individuals under the age of 18 may not use this platform without parental or guardian approval. 3D Agora is obligated to verify these conditions before entering into any contracts.
25.
Protecting Social and Ethical Values
25.1. 3D Agora prohibits the uploading, sharing, and dissemination of any obscene, sexual, unethical, defamatory, racist content, harmful to minors, or otherwise illegal or unethical. 3D Agora reserves the right to delete such content immediately upon identification.
25.2. Any opinions shared in Client - 3D Artist communication shall be exempt from liability on the portal, as they reflect the opinions, statements, and advice of individual Clients or 3D Artists, not 3D Agora.
26.
Privacy Rights
26.1. 3D Agora processes a substantial amount of personal data. To understand our commitment to privacy, please read and accept the Privacy Statement.
27.
Cybersecurity
27.1. 3D Agora shall not be liable for any harm or damage arising from the permanent or temporary inaccessibility of the platform, its content, or services, or the loss of saved or shared content. We encourage Clients to regularly save content for data and cybersecurity reasons, check the availability of audiovisual content, and keep backups in separate folders, if possible.
27.2. 3D Agora strongly encourages you to pay attention to cyber threats and take measures to prevent online fraud or other crimes. When creating a Client name and login credentials, include numbers, capital and lowercase letters, and special characters. Do not share your Client name and password with third parties and regularly delete browsing history in your browser. Install antivirus and firewall apps on your computer to prevent malicious activities by third parties. Notify us immediately if you experience irregular activities on our portals, such as denied access to your account, breaches of security, or unauthorized disclosures.
28.
Consumer Complaint
28.1. If you are dissatisfied with our service, you may submit your complaint directly to the 3D Agora Consumer Board at helpdesk@3dagora.com. We will promptly investigate and address your concerns at your earliest convenience.
28.2. As an EU citizen, if you are dissatisfied with our response, you may address your legal questions to the local Consumer Protection Office in Hungary or another consumer protection organization in your country of origin.
For specific complaints, you can approach the Conciliation Board for Consumer Complaints in Hungary, located in the county seats at the Chamber of Commerce and Industry. You can find the nearest office to your residence here.
28.3. In addition to the above, Platform Solutions informs you about Regulation (EU) No 524/2013 of the European Parliament and of the on online dispute resolution for Consumer disputes. This regulation created the online dispute resolution platform, aimed at facilitating independent, impartial, transparent, effective, expeditious, and fair out-of-court settlement of disputes between Consumers and Platform Solutions. The online dispute resolution platform is an interactive website available electronically and free of charge in all official languages of the EU institutions, including Hungarian. You can access the online dispute resolution platform via http://ec.europa.eu/odr
28.4. The national member organizations of the European Network of Consumer Centres are listed here.
28.5. US consumers, feel free to contact the Federal Trade Commission here.
28.6. Special Notice for California Users
Under California Civil Code Section 1789.3, users are entitled to receive a specific Consumer Rights Notice before contacting The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs here.
29.
Applicable Laws and Jurisdiction
29.1. A Hungarian registered for-profit company operates 3D Agora (see Section 3.). By accepting the Conditions of Use of 3D Agora, any legal dispute shall be initiated or resolved under Hungarian laws based on the Hungarian Civil Code. Any legal dispute against or on behalf of the parties shall be conducted before the Conciliation Board for Consumer Complaints or Hungarian Civil Courts.
29.2. Hungarian Laws and Regulations referenced in this GCT include:
•
Government Decree No 45/2014 (II. 26) detailing contracts between the Consumer and the undertaking
•
Government Decree No 373/2021 (VI. 30) detailing contracts between Consumers and undertakings for the sale of goods, provision of digital content, and provision of digital services
•
Act CLV of 1997 on Consumer Protection
•
Act V of 2013 on the Civil Code
29.3. Platform Solutions Kft. does not have a valid code of conduct, and its operation is not subject to a license.
30.
Explicit Consent
30.1. You acknowledge that the use of 3D Agora is solely and exclusively at your own risk, while considering Consumer Protection Rules and Regulations.
Last updated on 06 June 2024