Terms of use

LEOPOLY SHAPELAB – TERMS OF USE

These Terms of Use, as general terms and conditions, contain all the provisions according to which Leopoly Kft. (hereinafter referred to as “Leopoly”) grants the rights of use and sets the terms of use for the “Shapelab” software (hereinafter referred to as the “Software”) developed by it to the registered users as end users (hereinafter referred to as the “End Users”), and subject to which the End Users are entitled to use the Software. 

These Terms of Use include all annexes hereto, as well as any policies, rules, notices or other descriptions applied and published by Leopoly in connection with the use of the Software, and Leopoly’s Privacy Notice (hereinafter collectively referred to as the “Terms of Use”). These Terms of Use are available on the Leopoly website.

1. General provisions

1.1. Leopoly is the user of these Terms of Use, whose details are as follows:

Company name: Leopoly Korlátolt Felelősségű Társaság

Registered office: 6000 Kecskemét, Homokszem utca 3-5.

Registration authority: the Company Registration Court of the Kecskemét Court

Company registration number: 03-09-132201

VAT number: 25185991-4-03

Phone number:

Website: www.leopoly.com

1.2. By downloading, installing, copying or using the Software from any source to your own hardware device, a License Agreement is concluded between Leopoly and the End User, in accordance with the provisions of these Terms of Use, on the basis of which and according to the provisions of which Leopoly grants the End User the right to use the Software (hereinafter referred to as the “Licence”), while the End User agrees to use the Software in accordance with the Licence granted herein and the terms and conditions of use and the contractual provisions set forth herein, and to pay Leopoly a fee in consideration of the right of use in the cases set forth in these Terms of Use (hereinafter referred to as the “Agreement”). The Agreement does not constitute a written contract and the Agreement will not be registered by Leopoly. 

1.3. By downloading the Software from any source to your hardware device, you as an End User accept and agree to be bound by the provisions of these Terms of Use in their entirety. Partial acceptance of the Terms of Use is not possible. If the End User does not accept these Terms of Use in whole or in part, the End User may not install, run or use the Software. 

1.4. These Terms of Use apply to Leopoly and the End User. For the purposes of these Terms of Use, an End User is any natural or legal person who downloads or stores the Software on his/her hardware device, installs or runs the Software, registers the Software in accordance with Section 3.3 or otherwise uses the Software. 

1.5. If the End User downloads and/or uses the Software on behalf of a third party natural or legal person, the End User declares that, in such case, the End User is entering into the Agreement on behalf of such third party natural or legal person and the End User is entitled to represent such third party natural or legal person and to enter into the Agreement on its behalf. In such case, these Terms of Use shall also apply to such third party.

1.6. These Terms of Use and any amendments thereto will be effective from the date indicated at the time of its publication until the next amendment is effective or until the Terms of Use is revoked in its entirety. Under these Terms of Use, the Agreement between Leopoly and the End User is concluded for an indefinite term and its provisions shall apply for as long as the Software is stored on the End User’s own devices or used by the End User. 

1.7. The use of the Software is subject to the acceptance of Leopoly’s Privacy Notice, failing which the End User may not use the Software. Partial acceptance of the Privacy Notice is not possible. If the End User does not accept the Privacy Notice or does not accept it in full, the End User may not use the Software. The Privacy Notice of Leopoly is available on the following website: https://shapelabvr.com/.

2. Description of the Software

2.1. The Shapelab software, developed by Leopoly, is an intuitive design application using dynamic polygon mesh-based 3D modelling technology that provides a range of powerful tools for developing high-quality 3D models for both everyday users and professional 3D designers. 

2.2. Subject to these Terms of Use, Leopoly shall provide to the End Users only the rights of use and any other services related to the Software as set forth in these Terms of Use, subject to the provisions of these Terms of Use. Leopoly does not provide any rights of use or services related to the Software not expressly provided for in these Terms of Use, in particular, it does not provide any system monitoring or maintenance (maintenance and support) services related to the Software.

3. Downloading, installing, registering, upgrading and extending the functionality of the Software

3.1. Downloading the Software

3.1.1. The End User may download the Software from the online or other stores (hereinafter referred to as “Points of Sale”) operated by Leopoly or third parties that sell digital content, where Leopoly makes the Software available to users. The determination of the points of sale that will make the Software available is at Leopoly’s discretion, and accordingly Leopoly does not undertake any obligation to establish its own points of sale or to make the Software available to users at any particular point of sale. 

3.1.2. In the case of downloading the Software through any point of sale, the legal relationship between the End User and the point of sale concerned shall be governed by the terms and conditions of the point of sale in force at the time. Leopoly excludes all liability in relation to any contract between the End User and the relevant point of sale, its contents, term, performance and termination, and in relation to the compliance of the relevant point of sale with the provisions of the contract between it and the End User or with these Terms of Use.

3.2. Technical requirements

3.2.1. To install the Software, you will need an operating system, hardware environment and Internet connection from a suitable and secure source that meets the following technical requirements. It is the End User’s responsibility and liability to ensure their availability and usability at its own expense. The End Users can find information on the minimum technical requirements for installing the Software at the following website: https://shapelabvr.com/.

3.2.2. The End User shall use its best efforts to eliminate any abnormal environmental conditions, operational activities or other hazards that may be a threat to the operation of the Software.

3.3. Registration

3.3.1. Leopoly may, as a condition of use of the Software, require the End User to complete the registration process and create a user account on the following website: account.shapelabvr.com. Registration is always voluntary, however, if Leopoly requires registration as a condition of use of the Software, the Software cannot be used without registration and the creation of a user account.  If Leopoly requires registration to use the Software, the registration process is governed by the following rules.

3.3.2. When registering and creating a user account, the End User is obliged to provide all the data indicated as mandatory, in accordance with the instructions provided in the registration interface, and is entitled to provide the data that are allowed to be recorded. The End User is required to provide real data during the registration. Leopoly may at any time verify the information provided by the End User during the registration and, if it has any doubt as to the accuracy of the information provided or if it becomes apparent that the End User intends to use the Software for unlawful purposes and in an unlawful or abusive manner in the future, Leopoly may refuse registration and the creation of a user account, delete the user account and suspend or prohibit the use or further use of the Software.

3.3.3. During the registration process, the End User shall provide an e-mail address that can be used for identification. When using the Software, the user account is identified by the e-mail address provided during the registration. One e-mail address can only be used to create one user account. 

3.3.4. The End User acknowledges that he/she is solely responsible for maintaining the confidentiality of the e-mail address associated with the user account and for ensuring that the user account and the username and password required to access it are used only by the End User or persons authorized by the End User. Leopoly shall not be liable for any damages resulting from the unauthorized access to and use of the e-mail address associated with the user account, the use of the Software by unauthorized persons using the e-mail address associated with the user account, including, in particular, damages resulting from the loss or unauthorized use of the 3D models created by the End User. Leopoly does not have the ability or the obligation to verify that the username and password are being used by a person authorized by the End User. 

3.3.5. The End User shall inform Leopoly immediately if it becomes aware that the identifiers necessary for the use of the Software have been made available or become known to an unauthorized third party. In this case, the End User shall change his/her username and/or password. The End User shall be solely liable for any damage resulting from any breach of the obligations under this clause, including in particular any damage resulting from the loss or unauthorized use of the 3D models created by the End User.

3.3.6. The End User shall declare during the Registration process that he/she has read, acknowledged and expressly accepts and agrees to be bound by the provisions of these Terms of Use and the Privacy Notice. 

3.4. Updates

3.4.1. In order to improve the Software, to maintain its safe use and to keep it up to date, Leopoly may periodically issue updates, the regular downloading and installation of which is the End User’s interest and responsibility, with the understanding that Leopoly expressly does not undertake any obligation to issue and make available updates. Leopoly shall not be liable for any performance degradation, interruptions or any other damage (e.g. loss of content created by the End User) resulting from the End User’s failure to install updates related to the Software.

3.4.2. Updates offered by Leopoly to the End Users will be communicated to the End User via the Software, the additional services associated with the Software and/or the webshop (or other distribution platform). Installing software updates usually requires or may require an Internet connection and either enabling automatic updates or manually installing individual updates, or other steps as described in the information provided by Leopoly. 

3.4.3. The End User is entitled to use the updates offered by Leopoly only if the End User is otherwise entitled to use the Software under these Terms of Use. The update shall be subject to the usage rights set out in these Terms of Use for the Software, unless Leopoly specifies different usage rights in relation to the update, in which case the latter terms of use shall prevail.

3.5. Functionality extension

3.5.1. Leopoly shall have the right, but not the obligation, to make available to the End Users additional or enhanced features of the Software.

3.5.2. Leopoly may make the availability of certain features of the Software to the End Users subject to the payment of a fee. In this case, the End User acknowledges that the use of additional or enhanced features of the Software will result in an obligation to pay the fees set by Leopoly. 

4. Rights of use

4.1. General provisions

4.1.1. The copyright in the Software is owned in its entirety by Leopoly. Under these Terms of Use, Leopoly only grants the End User the right to use the Software (subject to the restrictions set forth in these Terms of Use) and does not expressly transfer the copyright to the End User. Leopoly does not transfer the source code or object code of the Software to the End User in any way, form or title. 

4.1.2. Leopoly does not grant to the End User any rights of use not expressly stated in these Terms of Use, all other rights in the Software remain vested in Leopoly. Accordingly, Leopoly shall continue to own the copyright, design right, patent, trademark, know-how and trade secret, development, parameterization, translation and all other rights related to the Software, regardless of whether such rights have been officially registered or not.

4.1.3. Leopoly grants to the End User the right to use the Software in accordance with the terms and conditions of these Terms of Use. The use of the Software without acceptance of these Terms of Use or in violation thereof constitutes a violation of Leopoly’s copyright. 

4.1.4. Under these Terms of Use, Leopoly grants to the End User limited rights to use the Software, which does not include the transfer or assignment of the Software and the rights of use to third parties, the sale or lease of the Software or the rights of use in the course of trade. The rights of use belong exclusively to the End User, who is not entitled to transfer them to a third party or to grant a third party a further licence of use, either free of charge or for consideration, without the express prior written consent of Leopoly. 

4.1.5. The right to use the Software does not extend to the reproduction of the Software and the distribution of reproduced copies, nor does it extend to the adaptation, editing, processing, communication to the public or public display of the Software. You may not copy, modify, adapt, edit, reverse engineer, translate, reverse engineer, reproduce or distribute the Software, or translate it into a programming language other than its original programming language, unless the applicable law permits any of these practices notwithstanding the express contractual prohibition in this section. 

4.1.6. The End User is not entitled to use the Software in the course of providing services to third parties or otherwise for the benefit of third parties or for commercial or other gainful purposes. 

4.1.7. Leopoly grants different levels of usage rights for the Software depending on the type of licence the End User wishes to use the Software under, as defined in these Terms of Use. The general rules set out in these Terms of Use apply to each type of licence, as well as the specific rules set out for each special type of licence. 

4.1.8. Leopoly shall be entitled, but not obliged, to provide documentation to the End User in connection with the Software. If Leopoly makes documentation available in connection with the Software, it will publish it on its website. Leopoly owns the copyright in the Documentation and is subject to the terms of use for the Software set forth in these Terms of Use.

4.1.9. The End User’s rights of use shall terminate upon the termination of the Agreement for any reason. In the event of termination of the Agreement, the End User shall immediately and completely discontinue the use of the Software and shall delete all copies of the Software from its hardware devices. 

4.1.10. The End User must respect Leopoly’s copyright and act in accordance with the provisions of this Chapter 4 when using the Software. The End User shall not infringe or jeopardize the rights of Leopoly. The End User does not and may not acquire any rights of use or other rights in the Software other than the rights expressly granted in this Chapter 4. The End User may not remove, modify or delete any trademark, copyright or other proprietary notice displayed by Leopoly in the Software. 

4.2. Free Licence

4.2.1. Under the Free License, Leopoly grants to the End User the right to use the Software by 1 (one) registered user, limited in time (for the term of the Agreement), unlimited in terms of geographical location, royalty-free, non-exclusive, non-transferable and non-sublicensable, under which the End User may install the Software on any number of devices, with that the End User may use the Software on only one device at a time. 

4.2.2. The Free Licence is granted by Leopoly to the End User for a limited period of 1 (one) month, with this period being automatically renewed by 1 (one) month until either Leopoly or the End User terminates the Agreement. 

4.2.3. The Free Licence is provided by Leopoly to the End Users royalty-free.

4.3. Fee-based Licence

4.3.1. If Leopoly makes the use of certain features of the Software subject to the payment of a royalty, the End User may use the Software in accordance with the terms of use set out in section 4.2.1 for the Free Licence, except that the End User shall pay a royalty for the use of the Software’s features subject to the payment of a royalty and Leopoly shall grant the End User the right to use the Software’s features subject to the payment of a royalty for the duration of the payment of the royalty. The grant of a Fee-based Licence is subject to the End User being entitled to the Free Licence and the End User’s obligation to pay the royalty. The starting date for the royalty payment obligation is the date on which the Software’s chargeable features are made available to the End User.

4.3.2. The term of the Fee-based Licence is the same as specified in section 4.2.2, except that the right to use the Fee-based Licence shall also terminate when the End User fails to comply with its obligation to pay the royalty. 

4.3.3. In the case of the Fee-based License, the End User shall pay the license fee in advance at the intervals determined by Leopoly (e.g. monthly or annually) as described in section 7.

4.4 The consequences of infringing the rights of use

4.4.1. If the End User violates these Terms of Use, Leopoly’s copyright or the rights of use set forth in the Software, Leopoly may terminate the Agreement with immediate effect without prior notice. 

4.4.2. In this case, Leopoly shall have the right to delete the End User’s user account and the End User shall completely delete all copies of the Software from his/her devices. 

4.4.3. The End User shall be fully liable for any infringement of Leopoly’s copyright and may be subject to other legal remedies for copyright infringement as provided by law.

5. 3D models and other content created by the End User

5.1. The Software provides the End User with the ability to create and modify 3D models and other content (hereinafter collectively referred to as the “3D Models”) using the Software. The 3D models created by the End User are not software and do not become part of the Software in any way or under any circumstances. 

5.2. The End User shall comply with the specifications and requirements of the Software when creating 3D models. The End User shall ensure that the content used for the 3D models – excluding the Capsules – is owned by the End User or that the End User has the appropriate rights to use such content. The 3D models must not contain immoral, criminal, illegal or infringing content or content that violates the rights of third parties, and the Software may not be used to create 3D models with such content. The 3D models created by the End User must not contain malicious or harmful code, programs or other similar internal components that could damage the Software, other software, IT systems or cause data loss.

5.3. Leopoly shall be entitled to terminate the Agreement with immediate effect if it becomes aware that the End User may have breached the provisions of section 5.2.

5.4. During the use of the Software, and in the event of the termination of the rights to use or actual use of the Software for any reason, the End User shall be responsible for the backup and retention of the 3D models created by the End User, and the backup and retention of such data is not provided by the Software. Leopoly shall not be liable for any loss of data that occurs during the operation of the Software or in connection with the termination of the Agreement.

6. Capsules

6.1. Capsules are 3D models, materials, structures, scripts, project files, digital light sets, settings, node tools, expressions, video footages, 3D environments, and other similar content that End Users may incorporate into the 3D models they create using the Software. 

6.2. The copyrights and rights of use of the Capsules belong in their entirety to Leopoly or to the third parties who are the authors of the Capsule and from whom Leopoly has obtained the right to use the Capsule. The End User does not acquire any copyright in the Capsules either under this Agreement or by any use of the Capsules by the End User, and shall only acquire limited rights to use the Capsules as set out in section 5.3. 

6.3. Subject to these Terms of Use and the provisions set forth herein, Leopoly grants to the End User a non-exclusive, non-transferable, reproduction and modification right to use the Capsules for the duration of the End User’s right to use the Software for the sole purpose of, to be incorporated into 3D models created by the End User using the Software, and grants the End User a non-exclusive, non-transferable, reproduction and redistribution right for the duration of the right to use the Software and indefinitely thereafter as part of the 3D models created by the End User using the Software. The right of use granted by Leopoly in respect of the Capsules under this section is conditional upon the essence of the 3D model created by the End User using the Software not being the Capsule itself.

6.4. The End User is not authorized to distribute or commercially sell the Capsules as a stand-alone product or service, nor is the End User authorized to use the Capsules in a manner that allows any third party to use, download, extract or make available the Capsules as a stand-alone file. Furthermore, the End User shall not be entitled to register or apply for registration of the Capsules in whole or in part for any legal protection. 

6.5. If there is any doubt as to the right of use of a Capsule, Leopoly may require the End User to cease the possessing and using in any way (in particular, reproducing, modifying, distributing, transmitting to the public, public performance), in which case the End User shall immediately comply with Leopoly’s request and shall ensure that all third parties to whom the End User has transferred or made possible the possession of the Capsule also comply with Leopoly’s instructions. 

6.6. Leopoly has the right to revoke the right to use any Capsule at any time and to prohibit any further use of the Capsule. 

7. Royalties, payment terms

7.1. The End User is not obliged to pay a fee for the Free Licence, but is obliged to pay a royalty for the Fee-based Licence. Leopoly is entitled to determine the royalty rate. Leopoly will inform the End User of the royalties on the Leopoly and Shapelab websites and when ordering the features subject to the royalty obligation, prior to the order. By ordering the functions subject to the payment of royalties, the End User expressly accepts the royalty rates and the obligation to pay royalties. 

7.2. Leopoly reserves the right to change the royalties and the payment terms. Leopoly will provide notice of the amendment on its website, by e-mail or through the Software at least thirty (30) days prior to the effective date of the amendment. If the End User does not accept the modification, the End User shall be entitled to terminate the Agreement with immediate effect, in which case the End User shall cease to use the Software’s features for which the fee is payable. If the End User does not terminate the Agreement and continues to use the Software’s chargeable features after the date on which the modification becomes effective, the modification shall be deemed accepted by the End User.

7.3. If the End User downloads the Software through a point of sale as described in Section 3.1.1, the End User shall be informed of the payment methods and payment terms applicable to the purchase of the Software prior to the purchase and shall be obliged to make the payment accordingly. If the purchase and payment are made through the point of sale, Leopoly shall not be liable for the applicable payments and settlements.

7.4. If the End User fails to pay the royalties, Leopoly shall be entitled to suspend the use of the Software’s features subject to the royalties until the End User has fulfilled its obligation to pay the royalties. Leopoly shall not be liable for any compensation or indemnification for the suspension of the service. 

7.5. If the Agreement is terminated before the expiry of the period covered by the royalties already paid, Leopoly shall not be obliged to reimburse the End User for the royalties already paid, but shall be entitled to keep such amount as a penalty for the early termination of the Agreement.

7.6. In the event of late payment, the End User shall pay default interest at the statutory rate for the entire period of delay in accordance with the Civil Code (Articles 6:48 and 6:155 of the Civil Code).

8. Warranty

8.1. The End User acknowledges that Leopoly provides the Software (including all updates, enhancements, versions and subversions thereof) to the End User in its current state of technology, functionality, performance and quality, including any defects in the Software that may exist at any time (on an “as is” basis). 

8.1.1. The End User acknowledges that the Software may contain errors (including, without limitation, technological, functional and operational errors) that may cause disruptions in the performance or operation of the Software, cause system downtime, loss of data or infringement of third party rights. The End User also acknowledges that the Software does not meet specific functional or performance requirements or is not fit for a particular purpose. Leopoly is under no obligation to repair defects in the Software, to maintain the Software technically, or to restore systems that have failed or data that has been lost. 

8.1.2. Accordingly, Leopoly expressly disclaims all warranties as to the Software’s conformance with any specific quality, functional or performance requirements or fitness for a particular purpose. Leopoly makes no warranty that (i) the operation or quality of the Software will meet the End User’s requirements or any other software of a similar nature, (ii) it will be uninterrupted, secure and/or error-free, (iii) the results obtained from the use of the Software will be efficient, accurate or reliable, (iv) any defects or deficiencies in the Software will be corrected, (v) the Software is compatible with any other Leopoly product, service or software. Leopoly also excludes any warranty for any consequences arising from the use of the Software by the End User. 

8.2. Notwithstanding the foregoing, Leopoly’s warranty in relation to the Fee-based Licence differs from that set out in section 8.1 in that Leopoly only warrants the Software’s functions for use against the payment of a fee in accordance with the provisions of the applicable legislation. 

8.2.1. In the event of a failure of the Software’s functions that can be used against payment, the End User shall provide Leopoly with detailed information about the failure, its occurrence and circumstances, which will enable Leopoly to locate and reproduce the failure. The End User shall provide Leopoly with appropriate support to correct the defect. 

The End User may report the error to Leopoly by e-mail to the following e-mail address: [email protected]. 

8.3. Leopoly warrants that it owns, exclusively and freely, all copyrights and rights of use in the Software that allow it to grant the End User the rights of use of the Software in accordance with these Terms of Use. 

8.3.1. Leopoly warrants that no third party has any rights in the Software that would restrict or prevent the End User from using the Software in accordance with the provisions of these Terms of Use. If any third party asserts a claim against the End User alleging that the End User has infringed the copyright of such third party by using the Software, the End User shall immediately notify Leopoly and shall involve Leopoly in the defence and provide Leopoly with all necessary information required for the defence. 

8.3.2. Section 8.3.1 does not apply to the 3D models created by the End User using the Software. If the 3D model created by the End User infringes the rights of any third party, the End User shall be solely liable.

8.4. The End User shall have the right to enforce his/her warranty rights within 1 (one) year from the date of performance (making available the functions available against payment of the fee), unless a mandatory applicable legal provision provides for a different time limit. In the case of a mandatory provision of a law which does not allow for derogation, the provision of the law shall apply for the duration of the warranty.

9. Limitation of liability

9.1. Leopoly excludes its liability to the fullest extent permitted by law, so accordingly Leopoly excludes all liability other than liability for intentional breach of contract or for damage to life, limb or health.

9.2. Leopoly excludes liability for indirect and consequential damages (including, in particular, lost profits, lost business opportunity, damage to business reputation, or any other non-material damage), regardless of whether such damages were foreseeable or whether Leopoly was informed in advance of the possibility of their occurrence. In this context, Leopoly expressly excludes its liability for any damage to the End User’s IT system, other assets or resulting from the loss of data, including the possible loss of the data of the 3D models, as well as for any damage resulting from any disruption of the End User’s activities and operations. Leopoly excludes its liability for any damages resulting from the conclusion of a hedging contract.

9.3. The End Users shall download and install the Software (including all updates, upgrades, versions and subversions thereof) on their own devices at their own liability and risk and use it solely at their own risk. The End User shall be solely liable for any damage to the End User or to third parties arising from or in connection with the use of the Software, in particular damage to its IT system or loss of data.

9.4. Leopoly excludes all liability in connection with the use of the Software if the End User has breached the provisions of these Terms of Use in the course of using the Software. 

9.5. Leopoly excludes all liability for the 3D models created by End Users using the Software, their content and their use. All liability in relation to the 3D models rests solely with the End User who created the 3D model, even if it was created solely for his/her own use and even if it is shared with third parties. Leopoly does not assume any liability towards the End User or any third party for the 3D model, in particular for its quality, its fitness for a particular purpose or its possible infringing nature. 

9.6. Leopoly excludes all liability for any content published by the End Users on any online or other platform in connection with the Software and its use, and any damage caused by or in connection with such content shall be the sole liability of the End User who published the content. If any third party makes or asserts a claim against Leopoly in relation to any content published or made available by the End User, the End User concerned shall immediately and fully indemnify Leopoly against all such claims and demands and shall reimburse Leopoly for all damages and costs incurred by Leopoly in connection therewith. 

9.7. Leopoly will make every effort to ensure that the services of the Software function properly, however, Leopoly does not assume any liability for the error-free operation of the Software. The End User uses the Software in the form, with the content and in the quality as available at the time of use, at its own risk. Accordingly, Leopoly excludes any liability for any errors or omissions in the operation of the Software, its accuracy, reliability, fitness for a particular purpose and any damages resulting therefrom. 

9.8. The Software may contain a link/element that allows the users to go to a website operated by a third party or to use a third party application. Leopoly does not review the content of the websites and applications to which the Software contains a link/element for further access/use. Leopoly excludes any liability for the content of these websites/apps. In any case, the End User may use such external websites/applications solely at his/her own liability and risk.

9.9. Leopoly shall not be liable for any damages arising from any modification of the Software or the Terms of Use, or any damages arising from any modification of the Software, limitation of access to certain services of the Software or termination of the Agreement. 

9.10. Leopoly’s liability for damages shall not exceed the amount of one month’s royalty paid by the End User. 

9.11. The above provisions on the exclusion and limitation of liability shall not apply to the extent that the provisions of the applicable law do not allow the limitation or exclusion of liability. In this case, Leopoly’s liability shall be governed by the provisions of the applicable legislation.

9.12. The End User shall notify Leopoly in writing of its claim for compensation immediately upon becoming aware of the damage, but no later than 30 (thirty) days after becoming aware of the damage, and the End User shall comply with its general obligation to mitigate the damage. Any liability arising from late notification of a claim shall be borne by the End User. The End User shall provide Leopoly with all documents necessary for the assessment of the claim for compensation and all documents proving Leopoly’s liability, the date and the amount of the damage. The End User shall also act in good faith and fairly in relation to its claim and shall provide Leopoly with express and obvious evidence of the circumstances of the claim.

10. Provisions applicable to consumers

10.1. If the End User is a consumer under the applicable legislation (i.e. a natural person who uses the Software outside the scope of his/her profession, self-employment or business activity, hereinafter referred to as the “Consumer”), he/she is subject to special rules in terms of the Fee-based License.

10.2. Leopoly informs the Consumer that the purchase of a Fee-based Licence constitutes a distance contract for the use of digital content provided on a non-tangible medium within the meaning of the applicable legal provisions. By accepting these Terms of Use, the Consumer expressly acknowledges, agrees and requests that Leopoly, immediately after ordering the Software’s chargeable functions and confirming the order, shall start the performance, i.e. make the chargeable functions available to the Consumer during the use of the Software. By accepting these Terms and Conditions of Use, the Consumer acknowledges that after the start of the performance of Leopoly, the Consumer loses the right of withdrawal or immediate termination pursuant to the provisions of Article 20 of Government Decree No. 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses.

10.3. Leopoly informs the Consumer that it does not apply a Code of Conduct pursuant to the Unfair Commercial Practices Act.

10.4. Leopoly informs the Consumer that in the event of a dispute concerning the quality of the services provided by Leopoly, as well as the conclusion and performance of the contract between the parties for the use of the services, and if the dispute cannot be settled directly with Leopoly, the Consumer may apply to a conciliation body for the out-of-court settlement of the dispute. The conciliation body competent according to the registered office of Leopoly:

Budapest Conciliation Board

Address: 1016 Budapest, Krisztina krt. 99.

Phone: +36 (1) 488-2131

Fax number: +36 (1) 488-2186

E-mail address: [email protected]

The Consumer may, however, also refer the dispute to the conciliation body competent for his/her place of residence or domicile for an out-of-court settlement.

10.5. If the Consumer does not purchase the Software directly from Leopoly (not through a webshop or other distribution platform operated by Leopoly), the Consumer’s rights are governed by the contractual terms and conditions applied by the webshop where the Consumer purchases the rights to use the Software’s features for which a fee is charged.

11. Term and termination of the Agreement

11.1. The Agreement for the use of the Software is concluded between Leopoly and the End User for an indefinite period. 

11.2. In addition to the cases specifically provided for in these Terms of Use, Leopoly shall be entitled to terminate the Agreement with immediate effect if the End User breaches the provisions of these Terms of Use, including in particular the provisions on user rights, or if the Software is phased out by Leopoly.

11.3. The End User may terminate the Agreement at any time. 

11.4. In the event of termination of the Agreement, Leopoly shall delete the End User’s user account and the e-mail address provided by the End User during the Registration. Upon termination of the Agreement, the End User shall cease using the Software and delete the Software and all of its components from all of its devices. In the event of termination of the Agreement for any reason, Leopoly will not refund any royalties already paid.

11.5. The End User acknowledges that if, notwithstanding the foregoing, he/she continues to use the Software despite the termination of the Agreement, he/she shall comply with the provisions of these Terms of Use during the period of actual use, even if the Software is used in a potentially infringing manner.

12. Changes to these Terms of Use

12.1. Leopoly may unilaterally modify these Terms of Use, in whole or in part, at any time, in which case the Agreement shall be modified in accordance with the modified content of the Terms of Use. 

12.2. Leopoly will notify the End User of the modification at least 15 (fifteen) days prior to its entry into force by publishing a notice on its website. 

12.3. In the event of a modification to the Terms of Use, the End User shall be entitled to terminate the Agreement within the period set out in section 12.2, unless the modification contains changes that do not affect the End User’s situation or that are beneficial to the End User.

13. Other provisions

13.1. Confidentiality

13.1.1. Leopoly and the End User acknowledge and agree that they shall treat as confidential and trade secrets any information that they have learned about each other’s activities and that has not been previously disclosed, and shall not disclose, make available or disclose such information to any third party. 

13.1.2. The End User further acknowledges that Leopoly collaborates with a number of 3D model builders and software developers whose products may be similar to the 3D models created by the End User. Leopoly may itself also create models that resemble the 3D model created by the End User. In this respect, Leopoly does not assume any obligation of confidentiality or any other restrictions with respect to any feedback provided by the End User in connection with the Agreement or the use of the Software, including in particular information relating to the 3D models created by the End User. The End User agrees that this information is not confidential information. Leopoly shall be entitled to use such information without restriction, and the End User shall indemnify Leopoly against all liability in connection with the disclosure, transfer or use of all or part of such information.

13.2. Entire agreement

These Terms of Use constitute the entire agreement between Leopoly and the End User regarding the rights to use the Software and the use of the Software and supersede any prior oral or written agreement between Leopoly and the End User on the same subject matter.

13.3. Partial invalidity

The invalidity, ineffectiveness or unenforceability of any provision of the Agreement and these Terms of Use shall not affect the validity, effect or enforceability of the other provisions of the Terms of Use or the Agreement. 

13.4. Legal declarations

In the event of a breach of contract by the End User, the non-exercise or partial exercise by Leopoly of a right granted by law or by the Terms of Use shall not constitute a waiver of such right by Leopoly and shall not prevent Leopoly from exercising such right or the part of it not previously exercised in the future.

13.5. Notifications

13.5. Leopoly and the End Users shall make any declarations regarding the Agreement in writing. A declaration sent by e-mail is also considered a written communication. Leopoly shall be entitled to use the contact details provided by the End User during the registration process for the purpose of making its legal declarations. 

A declaration, notice or communication shall be deemed to have been received or served if:

a) by personal delivery: when the other Party has acknowledged receipt by signature or has demonstrably refused to accept delivery;

b) by post (including international delivery services such as FedEx, DHL, etc.): when received by the receiving Party; a notice of termination or other unilateral statement sent by post shall be deemed to have been served on the date of attempted service if the addressee has refused to accept it. If service has been unsuccessful because the addressee has not taken delivery of the document (has not sought it, has moved house, is unknown, cannot be found at the address given, address unknown or has returned with any other indication that service has failed), the document shall be deemed to have been served on the fifth working day following the day on which service was attempted;

c) by electronic means: the working day after the electronic mail has been sent to the addressee.

13.6. Provisions remaining applicable after termination 

The provisions of these Terms of Use which by their content and purpose bind the Parties after the termination of the Agreement shall survive the termination of the Agreement and the Terms of Use, including in particular the provisions on limitation of liability, confidentiality, protection of personal data and intellectual property rights, and dispute resolution. 

13.7. Language

The language of the Agreement and these Terms of Use is English. 

13.8. Governing law

The Agreement and the Terms of Use shall be governed by Hungarian law, in particular by Act CVIII of 2001 on certain aspects of electronic commerce services and information society services and Act V of 2013 on the Civil Code. 

13.9. Legal disputes

13.9.1. The ordinary Hungarian courts shall have jurisdiction over legal disputes between Leopoly and the End Users in relation to the Agreement and these Terms of Use. The scope and jurisdiction of the courts are determined by the provisions of Act CXXX of 2016 on the Code of Civil Procedure. 

13.9.2. In the event of downloading the Software from a webshop, Leopoly shall not be involved in any disputes between the webshop and the End User. 

13.9.3. If any person asserts a claim or demand against Leopoly due to an infringement by the End User in connection with the use of the Software or due to the improper use of the Software not in compliance with the provisions of these Terms of Use, the infringing End User shall immediately discharge Leopoly from such claim or demand. The discharge must be immediate and complete in relation to the legal relationship and must cover all claims and demands, including unknown claims and demands.