Terms for Commercial Licensing of 3D Designs
Updated May 2023
This Agreement involves the "Designer" (creator and IP owner of the 3D Design), "Cubee" (Cubee Inc, located at Moshe Maor 3, Tel Aviv, Israel), and the "Client" (Retailer & commercial licensee).
The Designer is represented by Cubee for commercial licensing services. Cubee mediates between the Designer and the Client, and all parties accept the terms and conditions of this Agreement.
1. Intellectual Property
The Designer retains all rights to the designs ("Designs"). Without express written consent from the Designer, the Client may not distribute, share, sub-license, sell, rent, host, copy, transfer, or alter the digital 3D design files. Cubee's specific permission is necessary for any use or distribution of the Designs. The Designer only offers designs to which they own the rights.
2. Commercial Licensing
Through the Cubee Hive service, Cubee provides access to and distributes commercial licenses for the Designer's work. Clients have cloud access to the designs, product descriptions, and photos, and are authorized to post pictures of the designs, manufacture, and sell physical versions of the designs on digital marketplaces and physical stores. Clients cannot sell or distribute digital designs.
Cubee holds no liability for misuse of designs by the Client, illegal distribution of designs by the Designer, the quality of production of commercially licensed products, potential post-production safety hazards, or any consequences of actions taken by the Client following consultancy or support provided by Cubee. Cubee will, however, act to halt any illegal use of 3D designs and products exclusively licensed on Cubee.
4. Pricing & Service
Prices for licenses and services, subject to change, are agreed upon by Cubee and the Designer. Either Cubee or the Designer may alter the plan, pricing, terms, offerings, and designs of any plan at any time. Changes apply at the end of the billing cycle, and Clients will be notified in advance.
5. Marketing Rights
Clients may use the Designer's marketing assets, including photos, videos, and logos, to promote licensed products and brands while their license is active.
Clients can cancel their subscriptions at any time. Cancellations take effect at the end of their billing cycle, and no refunds will be issued for the remainder of the cycle. On license expiration or termination, all promotional activities, manufacturing, selling of licensed products, and use of design files, physical prints, product photos, logos, and designer brand assets must cease. Continued use after the licensing period is considered intellectual property infringement.
Either Cubee or the Designer can terminate the licensing agreement with 3 months' written notice. Accrued obligations prior to the termination date shall survive. Subscriptions of any Client can be discontinued for any reason, and in cases of terms breach or misconduct, the commercial license can be revoked.
Selected plans, catalogs, and models may include royalty fees, which can change at any time. Changes take effect at the end of the Client's billing cycle. Royalty payments are made through the CubeeTrust system during the first week of every month, based on the previous month's sales. Royalty percentages exclude shipping and marketplace transaction fees.
The Designer must be credited for any commercial use of licensed products or their media content. Clients may also identify as "Official Cubee Commercial License Holders" for the products or catalog.
10. Cubee Terms & Agreement
Clients shall abide by these terms, conducted in accordance with the terms and conditions of Cubee, Inc. This Agreement will be governed by the governing law in the T&C without regard to its conflict of law provisions.