General Terms and Conditions

3D Agora.com

  1. Introduction

    Thank you for choosing 3D Agora as your primary platform for developing 3D projects. 3DAgora.com (“3D Agora”) is the world's 1st 3D Architectural Visualization Platform. 3D Agora.com is unique because it not only brokers but equally facilitates the real-time collaboration of Clients and 3D Artists. By choosing the platform, you agree to abide by the GTC presented below.

  2. Please note that this GTC is 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 in the GTC shall become effective immediately upon posting on the 3D Agora. In cases when 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 3D Agora.com.
  3. 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

  4. Cloud Storage Service Provider

    Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, L-1855, Luxembourg

  5. Consumer Service Help Desk

    Worldwide Help Desk: helpdesk@3dagora.com

  6. 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+
    • Minimum 3 Mbps
  7. Right of Withdrawal:

    7.1.

    Platform Solutions reserves the right to terminate any agreement with the Client at any time, in accordance with Clause 11.3. of the GTC, with one month's notice for any material reason, which may include (only):

    a.

    a change in the law governing electronic services provided by Platform Solutions that affects the reciprocal rights and obligations set forth in the contract between Client and Platform Solutions, or as a result of a court judgment, decision, or recommendation of that law or recommendations of competent authorities or bodies; changed interpretation;

    b.

    a change in the way the services are provided for purely technical or technological reasons (in particular by updating the technical requirements);

    c.

    If the Client breaches any obligation listed in Section 9.11

    7.2.

    Platform Solutions will send its statement within the scope referred to in section 7.1 above to the email address provided by the Client when creating the account.

    7.3.

    Platform Solutions reserves the right to cancel the account of the Client if the Client’s Account has been inactive for at least 3 years.

    7.4.

    The Client may delete his/her account himself/herself from 3D Agora without 3D Agora’s Help Desk being engaged in this automatic process by simply pushing the “delete account” button in profile settings.

    7.5.

    The Client and 3D Artist may terminate the account after the registration with immediate effect. The service provider may extend the deletion of the User/ 3D Artist account to 14 days after receiving the withdrawal request due to technical reasons. Please note that 3D Agora shall not charge justified service costs for this period.

    7.6.

    The withdrawal request may be sent also 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 with the same email account you registered in your User/3D Artist Account. The email shall be sent to helpdesk@3dagora.com

    7.7.

    Please note that you have no right to withdraw your ongoing 3D Project(s) unless you jointly submit a request as regulated in Section 11 of this GTC. Any submitted 3D Project orders are individualized so that they technically cannot be revoked unless the Parties mutually agree to do so.

    7.8.

    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

    7.9.

    7.9. If you registered a Client profile and deposited funds to Stripe.com’s deposit account, you may even decide to close your account. In that case, upon notification of the Consumer Service Help Desk, we also signal to Stripe.com that you intend to close your deposit account.

  8. Frequently Used Terms on 3D Agora

    8.1.

    “The Client” is a potential customer/user who orders the creation of one or more 3D Images as part of a 3D Project. Clients do not have a Portfolio (see. 8.3.). 3D Artists can only see Clients when they contact them about a 3D Project (see 8.4.). 3D Artists will then be able to see the Client's profile and ratings, but they will not be able to see specific information about their past projects other than previous reviews.

    8.2.

    “The 3D Artist” is a design expert who offers services to design 3D Images upon the Client’s order.

    8.3.

    “The 3D Artist Portfolio” is a collection of reference images that a 3D Artist uploads to their profile when registering on the site. Clients have free access to this gallery. The quality of the 3D images uploaded to the Portfolio significantly influences the Client’s decision when choosing a 3D Artist. It is recommended that all 3D Artists always compile the gallery carefully. 3D Artists may regularly update their Portfolio.

    8.4.

    3D Project is the generic name of the product made by the 3D Artist or ordered by the Client.

    8.5.

    3D Image is the product or products that 3D Artist makes to order.

    8.6.

    “The Collaboration Board” is a user-friendly interface that only opens when a project becomes active due to a quote acceptance. Each 3D Project has a separate Collaboration Board. This is where the 3D Artist uploads the "angle suggestions" and then the subsequent previews based on the selected angle suggestions, which the Client can comment on until they reach the final 3D images. In addition to the feed, the collaboration board also has a Direct Messaging interface through which the 3D Artist can chat with the Client.

    8.7.

    “Direct Messaging Interface” is a user-friendly chat interface that serves as a tool to communicate between Parties.

    8.8.

    “Consumer” means natural persons acting for purposes outside their professional or economic activity, who purchase, order, receive or use goods or are the recipients of commercial communication or of offers related to goods. For the purposes of rules on conciliation boards, with the exception of 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, in addition to the above, 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 activities or economic activities, which purchase, order, receive or use goods or are the recipient of commercial communication or of an offer 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”), in addition to the above, undertakings qualifying as customers under Regulation (EU) 2018/302 also qualify as Consumers. In this GTC the term Consumer may be referred to the Client or to the 3D Agora Artist if they are natural persons.

  9. About 3D Agora‘s Functions and Services

    9.1.

    3D Agora is a collaborative platform that facilitates cooperation between Clients and 3D Artists. This platform is meant to serve you with various functions and services. 3D Agora platform is an intermediator, Platform Solutions and 3D Agora is not the seller or purchaser of any product or service, no purchase agreement is entered into between Platform Solutions and the Client or the 3D Artist, Platform Solutions assumes therefore no responsibility for the performance, possible failures or delays of the Client and/or the 3D Artist.

    9.2.

    Platform Solutions will ensure that the Consumer is notified of, and receives, any updates, including security updates, to the digital content or digital service that are necessary to maintain the conformity of the digital content or digital service.

    9.3.

    Important! Currently, 3D Agora’s services are available worldwide with limitations. For 3D Artists we can only cover countries where Stripe.com offers payment services. 3D Artists outside of Stripe-covered countries cannot open stripe.com accounts, therefore they cannot receive payments for projects. Please check for current service information at https://stripe.com/global. In the future, we plan to engage more third-party payment system providers to increase 3D Agora global payment coverage for 3D Artists.

    9.4.

    For Clients there is no country limitation, Clients from all over the world can order 3D projects through 3D Agora. This GTC is applicable for services provided in Hungary.

    9.5.

    Items displayed on 3D Agora can be used for personal or commercial purposes. Please note that you shall be liable for your actions on the portal; therefore, make sure that you comply with the accountability and liability principles.

    9.6.

    As a Client or 3D Artist, you inevitably use external content or outside resources. Please note that 3D Agora is not in a position to pre-examine visual content inserted on Collaboration Boards.

    9.7.

    Please note that 3D Agora cannot be in a position to control, supervise or immediately discard content that might breach Intellectual Property Rights. Therefore, we appreciate any notice, message, or complaint about a possible breach of such laws and regulations.

    9.8.

    As a Client or 3D Agora Artist, you shall be responsible and liable for any visual and descriptive content posted or uploaded to the portal.

    9.9.

    Please note that third-party content or otherwise copyright-protected items might appear on 3D Agora. Please always ensure that the proposed, transformed, or applied visual content is not copyright protected or that you have rightful access to such content so that you can share such content with the 3D Artist.

    9.10.

    Strict copyright laws protect all visual and written content published or posted by 3D Agora.

    9.11.

    In particular, the Client and 3D Agora Artist are obliged to:

    a.

    provide only accurate, up-to-date and complete customer data on the forms made available on 3D Agora;

    b.

    immediately update the data, including personal data, provided by the Client and/or 3D Agora Artist;

    c.

    use the services and features provided by Platform Solutions in a manner that does not interfere with the operation of Platform Solutions, or of 3D Agora;

    d.

    use the services and features made available by the Platform Solutions in accordance with applicable law, the GTC, and relevant good practice and accepted principles of community living;

    e.

    use the services and functions made available by Platform Solutions in such a way that they do not cause inconvenience to other Clients, 3D Agora Artists, or Platform Solutions;

    f.

    refrain from publishing or transmitting any content that is prohibited by applicable law when using 3D Agora, in particular, content that infringes the economic copyrights or personal rights of third parties;

    g.

    refrain from, for example: posting or sharing unsolicited commercial information on 3D Agora or sharing any infringing content (sharing of illegal content is prohibited).

    9.12.

    Confidentiality Clause: the Client and 3D Agora Artist are obliged to keep trade secrets. It is inevitable that Client shares business ideas, plans or documents and audiovisual content with 3D Artist 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 elemental role in keeping customer confidence. If any claim or complaint is addressed to 3D Agora, we may decide on immediate ban as stipulated in section 21.5 of this Policy. Upon noticing of such conduct, 3D Agora shall be entitled to ban one or both Parties from further use of the platform immediately even before any investigation or dispute resolution took place.

  10. Communications of the Parties

    10.1.

    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.

    10.2.

    3D Agora 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.

    10.3.

    3D Agora strongly encourages parties to solely use the Collaboration Board and the Direct Messaging interface 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.

    10.4.

    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.

  11. Early Cancellation of the Client and 3D Artist Agreement

    11.1.

    Both the Client and the 3D Artist may terminate the collaboration based on mutual agreement.

    11.2.

    If any work has been done before cancellation, it shall be compensated and the remaining amount refunded.

    11.3.

    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.

    11.4.

    Please note that the service fee payments to 3D Agora or Stripe cannot be refunded for technical and service continuity reasons.

  12. Right of withdrawal from the Order of the Consumer

    12.1.

    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.

  13. Extension of the Collaboration between the Parties

    13.1.

    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 case of extra orders. In order to activate that extra order Client shall be obligated to deposit its full price.

  14. Narrowing the scope of the collaboration

    14.1.

    After submitting an order, it is impossible to withdraw or narrow its scope. If there is an agreement between Parties, they may initiate a new collaboration under a newly registered project to a limited extent. Please note that the abandoned project may generate additional costs for you since the release of deposits and related fees are not refundable. We suggest you carefully plan the project's scope before initiating it.

  15. Client statements

    15.1.

    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.

    15.2.

    The high-resolution 3D images will be available for all the Parties for 5 years as per 3D Agora’s current plan.

  16. 16. Finalizing 3D Art projects

    16.1.

    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.

    16.2.

    The release of funds towards the 3D Artist account will be automatically initiated when the Client clicks the „Accept final files” button.

    16.3.

    The same process is the following: Client has no more comments>Client clicks „accept delivery” button>3D Artist uploads final files>Client moves „accept final files” button>payment is initiated to be released automatically to 3D Artist’s account.

    16.4.

    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.

    16.5.

    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 send a notification to users about whether they want to store the project’s data more than 5 years longer. If you opt for storing data further on, the system will charge a monthly fee depending 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 + 10%.

  17. Payment and Service Fees

    Payment to the 3D Artist

    17.1.

    After the Client accepts the delivery of the final previews, 3D Artist Shall send the final files to the Client. The Client shall have the opportunity to approve the final files, and only afterwards shall 3D Artist receive the payment (see 17.2.). The exact process is the following: Client has no more comments>Client clicks on “accept delivery” button>3D Artist uploads final files>Client checks final files>Client accepts final files

    17.2.

    Please note that the payment happens automatically when the Client clicks on the „accept final files” button. (Client can check final files before!). Payment is released immediately from Stripe.com’s deposit account at this stage.

    17.3.

    Service Fees that have already been released from the Stripe.com deposit account for 3D Artist’s funds or handling fees charged by 3D Agora cannot be refunded.

    17.4.

    In case the Client ceases to keep 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 3D Agora helpdesk. 3D Agora helpdesk will make its best efforts to contact the Client, and in case the Client cannot be reached within 10 days, 3D Agora will manually release the payment to the 3D Artist’s account.

    17.5.

    In case the Client abandons the Collaboration Board unilaterally during the project, the 3D Artist can contact 3D Agora helpdesk, and 3D Agora will make its best efforts to reach the Client. In case the Client cannot be reached within 10 days, 3D Agora will compensate the 3D Artist from the deposited money, and will refund the rest to the Client’s account.

    17.6.

    The 3D Artist shall not be obliged to send any previews, work, or anything else before these deposits are completed.

    17.7.

    Please note that service fee payments to 3D Agora cannot be refunded.

    17.8.

    The service fee contains all related costs and fees to 3D Agora.

    17.9.

    The service fee is deducted from the deposit amount when the project is completed and the 3D Artist’s payment is released from the deposit account.

    17.10.

    More simply: the Client will pay the full amount that was in the offer, and 3D Artist will receive payment minus the 3D Agora service fee (plus VAT if applicable).

    17.11.

    3D Agora's service fee is 20% (plus VAT if applicable) of the project, which is deducted exclusively from the 3D Artist service fee is paid from the Project’s deposit account.

    17.12.

    There is no flat rate or no monthly fee on 3D Agora. 3D Agora’s service fee includes all costs, including 3rd party service provider fees.

    17.13.

    In the event that the Client and 3D Artist decide after their agreement that they will not work together and the 3D Artist is not yet entitled to a payment, the total amount minus the Stripe’ original charge will be paid back to the Client's bank account. In this case 3D Agora will not be charging the 20% 3D Agora service fee.

    17.14.

    If a partial performance occurs, i.e. the Client will be partially paid, the 20% (plus VAT if applicable) fee of 3D Agora will be deducted from the amount paid to 3D Artist.

    Payment to the financial service provider

    17.15.

    The financial service provider of 3D Agora for an online deposit, payment, and the partial or complete release of funds is Stripe.com (see. Privacy Policy). Stripe is a payments processor company that works with businesses to help them accept payments through their websites, apps, and in stores. Please note that Stripe.com may change fees at any time and for any reason that is solely and entirely at Stripe’s discretion.

    17.16.

    Please note that service fee payments to Stripe cannot be refunded.

    17.17.

    For Stripe, there are no fees to refund a charge, but the fees from the original charge aren’t returned. Please read more on this at stripe.com website .

    17.18.

    In case of proper delivery, the refusal of payment (see 17.4. and 17.5.) may also raise civil law claims at a competent court. This right can be exercised both by the 3D Artist or by 3D Agora.

    17.19.

    "Due to international law and regulations, Stripe as Third-Party payment system provider can hold funds in escrow only for a maximum period of 90 days. To stick to the time limit requirements, 3D Agora enables 3D Artists to give a maximum timeframe of 85 days for the deadline of projects. At the 85th day the funds will be returned to the Client’s account and 3D Agora can manually send a new deposit link for the redeposition of the funds. In the meantime, the collaboration board of the project will be uninterrupted, work can continue without a disturbance."

    17.20.

    3D Agora collects commissions from 3D Artists for all projects delivered, based on a tiered commission structure, which enables 3D Artist to reach lower commission deductions over time, with an increased value of total earnings. The tiered commission structure consists of 3 levels:
    - 20% commission fee is charged for the first EUR 50,000 total earnings,
    - 16% from 50,000+, and
    - A permanent 12% rate after reaching EUR 100,000 total earnings.
    The commission is calculated based on the NET fee of the project. After the deduction of the commission, the rest of the proceeds (minus VAT on the commission, if applicable) will be transferred to the 3D Artists’ account. Clients of 3D Agora are not charged with a commission.

  18. Partial Delivery and Payment

    18.1.

    If the Parties agree on the collaboration platform, they may decide to accept partial delivery. In that case, based on mutual consent, they cannot release a selected amount of the fee to the 3D Artist’s account. In this case they need to contact 3D Agora helpdesk, and 3Dd Agora helpdesk will take this action in case there is mutual consent.

    18.2.

    Clients do not have a dedicated deposit account, the project does. As of the current state, Clients shall always be obligated to deposit the full project fee after accepting an offer. Also, in case of an extra charge under the same project ID, they shall deposit the full amount of the extra fee, before officially activating that extra order. The 3D Artist shall not be obliged to send any previews, work, or anything else before these deposits are completed. The system had been calibrated in a way that the system will not let allow for 3D Artist to do so.

  19. Dissatisfactory performance of the 3D Artist and Refund

    19.1.

    Please note that the previously agreed format and resolution are essential components of a successful collaboration. If the 3D Artist fails and the final product is deficient or left unfinished, does not meet previously set criteria, or technical errors occur, the Client shall immediately contact the 3D Artist upon discovering the defects.

    19.2.

    The Client may turn directly to the 3D Agora Help Center if: - the quality of the delivered project is clearly under expectations
    - the project is not original; instead, a copy of an earlier or other product
    - significantly differs from product samples promoted in the 3D Artist’s Portfolio

    19.3.

    After the Help Center has reviewed the complaint, they may agree with it or be open to scrutiny. If the complaint is well-substantiated and beyond doubt, the Help Center may fully or partially refund the Client’s payment. In case of a scrutiny, the Help Center may - advise Parties to resolve the conflict and facilitate further negotiations or
    - gather and review previous messages, drafts and visuals exchanged, and
    - consider and compare previous projects of the 3D Artist as evidence.

    19.4.

    19.4. If the Client checked the final review but is still seeking a public/professional review by 3D Agora’s expert team, then, by conducting a professional assessment, 3D Agora may issue restrictions on 3D Artists like: - a written warning
    - a temporary limitation of accepting projects
    - a temporary ban on accepting any project
    - suspension of the 3D Artists’ account.

    19.5.

    To be eligible for a full or partial refund and thereby cancel the project, the Client shall cooperate with 3D Agora. Cooperation refers to active participation in sending or opening files in any recorded format for scrutiny on any related past and recent communication with the Winning 3D Artist under the relevant project id. The collected set of evidence shall remain in the due custody of 3D Agora until the case is closed. If, as a result of the investigation, the 3D Artist is not entitled to any form of payment and remuneration, these materials will be kept for five years to provide evidence for any future claim or negotiation.

    19.6.

    The 3D Artist may claim that the Client has unreasonably ignored the regulations of this GTC. In such a case, the 3D Artist may seek advice and support from the 3D Agora Help Desk by reporting on the Client’s behavior. In this case, 3D Agora may, wholly and solely within its discretion, but within reason, decide to issue sanctions against the Client in forms that have been stipulated in section 19.4.

    19.7.

    Provisions set in the current Conditions of Use must be exercised by the Client and the 3D Artist within reason and integrity.

  20. Notice of Dispute Resolution measures

    20.1.

    3D Agora, an online service provider, is in the position and has the legal obligation to get involved in dispute resolution schemes as stipulated in Sections 19-22. of this GTC. However, 3D Agora encourages Parties to try to solve disputes together or by involving the 3D Agora Help Desk.

    20.2.

    Concerned Parties shall decide on the conditions of expected delivery of service and related fulfillment of the Client’s demands well before the delivery. Parties can determine if the project can be successfully closed, partially closed, or canceled. 3D Agora’s support team members at the Help Desk will try to help and advise Parties to the best of their knowledge in the hope of peaceful closure of every 3D project. Our best reward is to see happy Clients whose project dreams have been fulfilled by 3D Artists.

  21. Contacting Clients directly desist from using 3D Agora

    21.1.

    Please note that 3D Agora’s Consumer support team is only able and capable of providing support services, addressing technical issues, or solving project-related conflicts between Parties if all related communication takes place on 3D Agora.

    21.2.

    Information on Clients is only visible to 3D Artists who previously registered on 3D Agora.

    21.3.

    3D Agora strictly prohibits 3D Artists from registering with 3D Agora to collect Clients’ data.

    21.4.

    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.

    21.5.

    Upon noticing of such conduct, 3D Agora shall be entitled to ban Parties from further use of the platform immediately.

    21.6.

    After registration, 3D Artists shall be allowed to contact and interact with Clients listed on 3D Agora only through 3D Agora platform.

    21.7.

    Contacting and interacting with Clients registered on 3D Agora to extract personal contact info to create 3D work shall be considered a material breach of the GTC. It will result in an immediate ban from 3D Agora.

    21.8.

    3D Agora may immediately refuse any guarantees, professional advice, support, or dispute resolution for the future upon noticing that Parties sporadically, partially, or entirely abandoned the collaboration platform and conducted communication on other platforms, including social media chat, phone, or email services.

    21.9.

    Upon noticing such usage of alternative ways of communication, 3D Agora may immediately, referring to the current Conditions of Use, ban services with an appropriate and due refund of paid deposits.

  22. Contacting 3D Artists directly by abandoning 3D Agora

    22.1.

    Please note that 3D Agora’s Consumer support team is only able and capable of providing support services, addressing technical issues, or solving project-related conflicts between Parties if all related communication takes place on 3D Agora.

    22.2.

    Information on 3D Artists is only visible to Clients who previously registered on 3D Agora.

    22.3.

    3D Agora strictly prohibits Clients from registering with 3D Agora only to collect 3D Artists’ data.

    22.4.

    After registration, Clients shall be allowed to contact and interact with 3D Artists listed on 3D Agora only through 3D Agora platform.

    22.5.

    Contacting and interacting with 3D Artists registered on 3D Agora to extract personal contact info 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.

    22.6.

    3D Agora may immediately refuse any guarantees, professional advice, support, or dispute resolution for the future upon noticing that Parties sporadically, partially, or entirely abandoned the collaboration platform and conducted communication on other platforms, including social media chat, phone, and email services.

    22.7.

    Please note that 3D Agora, upon noticing such usage of the communication, may immediately, upon referring to the current Conditions of Use, ban services with an appropriate and due refund of paid deposits.

  23. Commercials and Adverts

    23.1.

    3D Agora operates with third-party banners and adverts for partnering service providers. 3D Agora also utilizes online marketing services. You may find further information on such practices by reading the Privacy Statement and Cookie Notice .

  24. Liabilities

    24.1.

    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, in case the 3D Artist, upon their own discretion, uploads the work as a reference in their Portfolio without the Client’s permission, 3D Agora may not be held accountable.

    24.2.

    The 3D Artist grants 3D Agora a perpetual, nonexclusive, worldwide, royalty-free, sub- licensable license to the Content submitted to their Portfolio, which 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 (including the right without limitation to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media known or from now on developed.

    24.3.

    3D Agora is a unique online platform to facilitate the collaboration of Clients and 3D Artists. All website visuals and texts displayed are the sole property of the website owner.

    24.4.

    Both Parties shall avoid disruptive or otherwise defamatory language that, upon noticing may result in the immediate withdrawal of services and exclusion from the portal.

    24.5.

    You agree not to use language that abuses or discriminates based on race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech shall be grounds for suspension or termination of access to all or some portal sections.

    24.6.

    Any reproduction, copy, or visual framing of 3D Agora is strictly prohibited by the Hungarian and International Laws and Regulations on Intellectual Property Rights. On a case-by-case basis, 3D Agora may grant usage of name, logo, and related items solely by a written agreement.

    24.7.

    3D Agora shall be entitled to initiate criminal and civil rights proceedings against you or your company or a subsidiary company or companies that use the content for lucrative or otherwise fraudulent activities.

  25. Age restriction

    25.1.

    According to Hungarian laws and regulations, children under 18 may not use this platform unless parents or guardians approve it. 3D Agora shall be obliged to check those pre-conditions before contracting.

  26. Protecting Social and Ethical Values

    26.1.

    The 3D Agora prohibits uploading, sharing, and disseminating any obscene, sexual, unethical, defamatory, racist content harmful to minors or otherwise illegal or unethical. 3D Agora has the right and autonomy to delete such content upon recognition with immediate effect.

    26.2.

    Any opinion shared in Client - 3D Artist communication shall be excluded from any form of liability of the portal since these reflect opinions, statements, and advice of individual Clients or 3D Artists and not 3D Agora.

  27. Privacy Rights

    27.1.

    3D Agora processes a significant amount of personal data. To learn more about commitment to Privacy, please read and accept the Privacy Statement.

  28. Cybersecurity

    28.1.

    3D Agora shall not be liable for any harm or damage that may arise from the permanent or temporary inaccessibility of the 3D Agora and of its content or services or 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 them in backup folders, if possible.

    28.2.

    3D Agora strongly encourages you to pay attention to cyber threats and take measures to prevent online fraud or other crimes. Please create a Client name and login credentials that contain numbers, capital and small letters, and special characters. Please do not share your Client name and password with third persons and regularly delete tracking history in your browser. We encourage you to install antivirus and firewall apps on your computer to prevent malicious activities by third parties. Please notify us immediately if you experience irregular movements on our portals like denied access to your account, breach of security, or unauthorized disclosures.

  29. Consumer Complaint

    29.1.

    If you’re discontent with our service, your complaint may be submitted directly to 3D Agora Consumer Board at helpdesk@3dagora.com We will investigate and respond to your concerns without delay – at your earliest convenience.

    29.2.

    As an EU citizen, if you are dissatisfied with our response, you may turn with your legal questions to the local Consumer Protection Office in Hungary or another Consumer protection organization in your country of origin.

    With your concrete complaints, you may turn to the Conciliation Board for Consumer Complaints in Hungary, which is located in the county seats at the Chamber of Commerce and Industry. You may find the closest office to your residence here

    29.3.

    In addition to the above, Platform Solutions informs you that Regulation (EU) No 524/2013 of the European Parliament and of the on online dispute resolution for Consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on Consumer ODR) created the so-called. online dispute resolution platform. The purpose of this platform is to facilitate the 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 that is available electronically and free of charge in all official languages of the EU institutions, including Hungarian. Electronic link to the online dispute resolution platform http://ec.europa.eu/odr

    29.4.

    The national member organizations of the European Network of Consumer Centres are listed here.

    29.5.

    US Consumers, don't hesitate to contact the Federal Trade Commission here.

    29.6.

    Special Notice for California users
    Under California Civil Code Section 1789.3, Users are entitled to a specific Consumer rights notice before The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs here.

  30. Applicable Laws and Jurisdiction

    30.1.

    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 Conciliation Board for Consumer Complaints or Hungarian Civil Courts.

    30.2.

    Hungarian Laws and Regulations used for this GCT:
    - Government Decree No 45/2014 (II. 26) on the detailed rules of contracts between the Consumer and the undertaking
    - Government Decree No 373/2021 (VI. 30) on detailed rules for contracts between Consumers and undertakings for the sale of goods, the provision of digital content, and the provision of digital services
    - Act CLV of 1997 on Consumer Protection
    - Act V of 2013 on Civil Code

    30.3.

    Platform Solutions has no valid code of conduct, the operation of Platform Solutions is not subject to a license.

  31. Explicit Consent

    31.1.

    You hereby acknowledge that the use of the 3D Agora is solely and exclusively at your risk with due regard to Consumer Protection Rules and Regulations.

Last updated on 10 June 2022