SIM3D Shop Terms of Use

These Terms of Use (“Terms”) constitute the governing document for accessing and using the online marketplace (“SIM3D Shop”) provided by SIM3D AB (“SIM3D”), located at [www.sim3d-models.com, www.sim3d-models.com]. These Terms regulate the use of the platform, including the purchase and sale of digital products offered by independent content providers. In the event of a conflict between the negotiated terms of any Agreement and these Terms, the negotiated terms shall take precedence.

• Introduction and Scope of Agreement

1. 1. 1. The SIM3D Shop is an online marketplace operated by SIM3D AB (“we”, “us”, or “our”), allowing content creators and developers (“Content Providers”) to offer digital products and services directly to end-users (“Customers”). We maintain a neutral role as a facilitator, ensuring the smooth technical operation of the platform, but do not engage in creating or delivering content and services offered by Content Providers beyond what is strictly necessary for the function of the marketplace..

• The Terms outline the responsibilities and rights of all users, including both Content Providers and Customers, when using the Platform. While we aim to provide a secure and efficient environment for digital transactions, it is important to note that the contractual relationship governing the sale and purchase of digital products is strictly between the Content Provider and the Customer.

• By using the platform, whether by registering an account, uploading content, or purchasing products, you agree to be bound by these Terms. Acceptance of the Terms is indicated by clicking the “I agree to SIM3D Shop’s Terms of Use” button or checkbox during account registration, or by continuing to access the platform.

• By registering and using the SIM3D Shop, you also agree to be bound by any supplementary agreements, such as our Data Processing Amendment (“DPA”) and Privacy Policy, which together with these Terms, form the complete “Agreement.” Content Providers acknowledge that they operate as independent business entities and are solely responsible for complying with all applicable laws when engaging with their customers or using SIM3D Shop.

• If you do not agree with any part of these Terms, or are unable to comply with them, you must not access or use the SIM3D Shop services.

• Definitions

• SIM3D Shop. A digital marketplace operated by SIM3D AB, where independent Content Providers can offer digital products and services for sale to Customers. SIM3D Shop serves as a neutral intermediary, facilitating transactions between Content Providers and Customers without directly participating in the sale.

•  Content Provider.  Any individual, business, or legal entity that registers on SIM3D Shop to offer digital products, services, or licenses for sale to Customers. Content Providers operate as independent businesses and are responsible for ensuring their offerings comply with applicable laws and standards.

• Customer. Any individual, business, or legal entity that purchases or acquires digital products, services, or licenses from Content Providers through the SIM3D Shop. Customers are bound by the terms of the license or purchase agreement set forth by the Content Provider.

• Content: Any digital product, service, or software offered by Content Providers on SIM3D Shop. This includes, but is not limited to, software applications, digital artwork, multimedia files, plugins, and other forms of digital media. The Content is provided and governed by the terms set by the respective Content Provider.

• Transaction: Any purchase, sale, or exchange of digital Content facilitated through SIM3D Shop, where a Customer acquires digital products or services from a Content Provider. SIM3D acts as the intermediary in the transaction, with payments processed through the platform’s payment services, but is not a party to the actual contract between the Content Provider and Customer.

• Scope of Agreement

1. 1. These Terms apply to all interactions and transactions on the SIM3D Shop, covering activities such as browsing, listing, purchasing, and downloading digital products. All users, whether Content Providers or Customers, must accept these Terms before engaging with the platform.
   2. SIM3D Shop serves solely as an intermediary, facilitating transactions between Content Providers and Customers. SIM3D does not assume responsibility for the quality, accuracy, or legality of the content exchanged between the parties. Users will be notified of any updates or changes to these Terms.

• Role of the Marketplace

• SIM3D Shop as an Intermediary: SIM3D Shop serves as a passive intermediary for digital product transactions between Content Providers and Customers. The platform itself does not act as a Content Provider, seller or broker in any transaction. Its role and responsibility is limited to providing the digital infrastructure for the delivery of products and services to Customers and the processing of payments to the Content Providers. .

• Non-Involvement in Transactions: The SIM3D Shop does not participate in the creation, or sale of digital products or services. The marketplace is not responsible for the quality, legality, or accuracy of the products offered by Content Providers. Any issues related to the purchased products, including defects, non-delivery beyond technical download issues from SIM3D Shop’s side, or other concerns, must be resolved directly between the Customer and the Content Provider.

• No Liability for Content: SIM3D Shop is not liable  for any content provided by Content Providers or for any outcome s resulting from transaction, including but not limited to product defects, delivery failure, or inaccuracies in product listings.

1. 1. Dispute Resolution: SIM3D Shop is not responsible for resolving disputes arising from transactions between Content Providers and Customers. Any disputes must be handled directly between the parties involved, without involvement from SIM3D Shop.

• Customer Support: In the event refunds or disputes cannot primarily be solved between the Customer and the Content Provider, SIM3D offers Customer Support. SIM3D’s offer to provide an active support regarding transactions and therein related products, refunds and disputes, does not in any way expand SIM3D’s liability towards any Party or any part of the agreement of the transaction in question.

• Content Provider’s Obligations

1. 1.  Compliance with Laws and Regulations: Content Providers are solely responsible for ensuring that their digital products and listings fully comply with all applicable laws, regulations, and industry standards, including but not limited to consumer protection legislation and applicable intellectual property laws. Content Providers must ensure their products are legally permitted for sale in all jurisdictions where they are offered.
   2. Accurate and Non-Infringing Listings: Content Providers are obligated to provide clear, accurate, and up-to-date descriptions of their digital products or services. This includes pricing, features, system requirements, and any applicable usage restrictions. Content Providers must ensure that their offerings do not violate any third-party rights, including but not limited to intellectual property rights such as copyright, trademarks, patents, or other proprietary rights. The Content Provider shall indemnify SIM3D for any legal issues arising from third-party claims. Content Providers must ensure their products are legally permitted for sale in all jurisdictions where they are offered.
   3. Customer Service and Dispute Resolution: Content Providers are responsible for managing all customer interactions, including inquiries, complaints, disputes, and requests for refunds in case of malfunctioning software or after-sales support. All customer service must be handled promptly, in compliance with Swedish law and any other applicable laws. Content Providers are required to maintain clear refund and exchange policies that are consistent with consumer protection laws, and must ensure that customers are fully informed of these policies at the time of purchase. The Content Provider shall indemnify SIM3D for any legal issues arising from third-party claims.
   4. Product Performance and Warranty: Content Providers must ensure that their digital products function as advertised and are free from defects, viruses, or other harmful components. Providers are responsible for delivering any promised updates, patches, or improvements to their products and ensuring that customers are notified of any such changes. If a product is found to be defective or non-functional, the Content Provider must offer a remedy, such as repair, replacement, or refund, in accordance with the applicable law.
   5. Legal Responsibility for Content: Content Providers retain full legal responsibility for the content they upload to the SIM3D Shop. This includes responsibility for compliance with all applicable local, national, and international laws, and for ensuring that all products are safe, lawful, and do not infringe upon the rights of others. Any claims arising from product liability, intellectual property infringement, or consumer protection issues must be addressed by the Content Provider, and SIM3D shall not be held liable for such matters.
   6. Violation of Terms and Consequences: If any Content Provider is found to be in violation of these Terms, SIM3D reserves the right to take appropriate action, including but not limited to: (i) Removing or suspending the non-compliant content from the platform; (ii) Temporarily or permanently suspending the Content Provider’s account and access to the SIM3D Shop; (iii) Withholding any funds due to the Content Provider until the violation is resolved; (iv) Requiring the Content Provider to indemnify SIM3D for any damages, costs, or legal fees incurred as a result of the violation; and (v)Reporting the violation to relevant legal or regulatory authorities where necessary.
      SIM3D will provide notice to the Content Provider of any violations and, where applicable, offer an opportunity to rectify the breach within a specified time frame. Failure to rectify the violation within this period may result in further action, including termination of the Content Provider’s account. The Content Provider acknowledges and agrees that SIM3D may take such actions without liability.

• Customer’s Obligations

1. 1. 6.1. Compliance with Terms and Laws: Customers agree to use the SIM3D Shop in full compliance with these Terms of Use and all applicable laws, regulations, and industry standards. This includes but is not limited to, laws related to consumer protection, intellectual property, and data privacy.
   2. Responsibility for Product Selection: Customers are solely responsible for ensuring that the products they purchase on the SIM3D Shop meet their requirements. Customers must review all product descriptions, usage limitations, and compatibility requirements before purchasing. SIM3D Shop does not provide guarantees regarding the availability, quality, or functionality of products offered by Content Providers, and any disputes or concerns related to purchased products must be resolved directly with the Content Provider.
   3. Payment Obligations: Customers agree to fulfill all payment obligations promptly and in full for any products or services purchased through the SIM3D Shop. Failure to complete payment may result in the suspension or termination of access to the platform and any purchased content. SIM3D reserves the right to recover any unpaid amounts through legal means or by withholding access to other services or products until payment is received.
   4. Prohibited Activities: Customers must not engage in any of the following activities (note that this list is non-exhaustive) while using the SIM3D Shop: (i) Attempting to reverse-engineer, duplicate, or otherwise manipulate any digital product or service purchased through the platform; (ii) Distributing, reselling, or sublicensing digital content obtained from Content Providers without explicit authorization; (iii) Engaging in fraudulent activities, including the use of false identities, stolen payment methods, or unauthorized chargebacks; or (iv) Breaching or attempting to bypass any security measures implemented on the platform or engaging in any activity that could harm the SIM3D Shop, its users, or Content Providers.
   5. Account Security: Customers are responsible for maintaining the security of their account credentials and ensuring that unauthorized parties do not gain access to their accounts. If Customers suspect that their account has been compromised, they must notify SIM3D immediately. Customers are liable for all activities conducted under their account, whether authorized or not.
   6. Remedies and Disputes: Customers acknowledge that any remedies, exchanges, or disputes related to purchased products must primarily be resolved directly with the Content Provider. Customers must review the complaint and exchange policies provided by each Content Provider before making a purchase. SIM3D Shop is not liable for the resolution of disputes between Customers and Content Providers and will not provide remedies on behalf of Content Providers unless required by law.
   7. Eligibility for Refunds. Refunds for digital products are available only if the product is found to be defective or non-conforming with the agreed terms at the time of delivery and the defect cannot be remedied within a reasonable period. Consumers are not entitled to a refund if: a. The issue arises from the consumer’s device, software, or internet connectivity., b. The digital product was consumed or downloaded in full after the supply commenced with the consumer’s prior express consent and acknowledgment of losing the right of withdrawal.
   8. Exclusion of Right of Withdrawal. Pursuant to Article 16(m) of Directive 2011/83/EU, as amended, the right of withdrawal does not apply to the supply of digital content not supplied on a tangible medium if: a. The performance has begun with the consumer’s prior express consent.; b. The consumer acknowledged losing their right of withdrawal upon the start of performance.
   9. Violation of Terms and Consequences: If a Customer violates these Terms, SIM3D reserves the right to take appropriate actions, including but not limited to: (i) Temporarily or permanently suspending the Customer’s account and access to the platform; (ii) Cancelling pending transactions or withholding access to purchased content; (iii) Reporting fraudulent or illegal activities to the appropriate legal or regulatory authorities; (iv) Seeking compensation for any damages, losses, or costs incurred as a result of the violation.

SIM3D will notify the Customer of any violations and, where applicable, provide an opportunity to resolve the issue. Repeated or severe violations may result in permanent account termination and legal action.

• Intellectual Property

• Ownership of Platform and Content: You acknowledge that the SIM3D Shop platform, including but not limited to its design, structure, layout, user interface, software, scripts, graphics, audio and video clips, editorial content, and any proprietary technologies used to operate the platform, contains intellectual property and proprietary materials owned by SIM3D, its partners, and/or Content Providers. These materials are protected by applicable intellectual property laws, including but not limited to copyright, trademark, and patent laws, and may also be subject to additional laws and international regulations.

1. Permitted Use of Intellectual Property: You agree not to use, copy, reproduce, modify, distribute, display, or transmit any part of the platform or its content, except for your personal, non-commercial use in compliance with these Terms. Any other use, including the reproduction, modification, distribution, sale, transfer, or exploitation of the platform’s content, whether in whole or in part, is strictly prohibited without the explicit written permission of SIM3D or the rightful owner of the content.

1. Content Provider Licensing Obligations: Content Providers are responsible for establishing and attaching the appropriate licensing terms for their digital products or services, as outlined in Section 11. These licensing terms must be clearly communicated to Customers at the time of purchase, and any disputes over licensing should be addressed in accordance with the relevant EULA. Customers’ obligations regarding the use of licensed content are detailed in Section 12.

• Reporting Intellectual Property Violations: If you believe that any content made available through the platform infringes on your intellectual property rights, you must notify SIM3D Shop’s Customer Support at sim3d@snabbserver.com. Upon receiving notice, SIM3D will investigate the claim in accordance with applicable laws and remove or disable access to the infringing content, if appropriate.

• Payment and Fees

1. 1. Third-Party Payment Providers: Payments for products purchased through SIM3D Shop are processed via third-party payment service providers. By completing a transaction, Customers agree to comply with the terms, conditions, and policies of the respective payment provider, which may include fees, policies on remedies, and data protection requirements. SIM3D is not responsible for the processing of payments, and any issues related to payment errors or processing delays should be resolved directly with the third-party provider.
   2. Transaction as Electronic Contract: Each transaction facilitated on SIM3D Shop constitutes a binding electronic contract between the Customer and the Content Provider. The Content Provider is solely responsible for fulfilling the obligations outlined in their product descriptions or licenses. SIM3D’s role is limited to facilitating the transaction process; it is not a party to the contract between the Customer and the Content Provider.
   3. SIM3D Commission and Fees: SIM3D Shop charges Content Providers a commission fee of 20% of the gross sales price for facilitating transactions on the platform. This commission is deducted from the proceeds of each sale. Content Providers will be notified of all applicable fees, and the commission will be automatically withheld from payments made to Content Providers. The remaining balance will be transferred to the Content Provider according to the payout schedule defined by the third-party payment provider.
   4. Payment Processing and Liability: SIM3D Shop is not responsible for any errors, delays, chargebacks, or other issues arising from the payment processing services provided by third-party providers. Payment providers may impose additional fees or conditions that are outside the control of SIM3D. Content Providers and Customers agree to resolve any disputes regarding payment processing directly with the third-party provider. In cases where refunds or chargebacks are required, Content Providers are responsible for covering any associated costs or fees.
   5. Taxes and Withholding: Content Providers are solely responsible for determining and remitting any applicable taxes, including value-added tax (VAT), sales tax, or other fees that may be due in connection with the sale of their products. SIM3D Shop does not collect or remit taxes on behalf of Content Providers unless required by law. Content Providers agree to indemnify SIM3D for any claims related to unpaid taxes or fees associated with their transactions.

• Delivery

1. 1. Download Access After Purchase: Once the transaction has been successfully completed and the Customer has received an Order Confirmation, the Customer will be granted access to download the purchased digital product. The Customer will have the right to download the product up to five (5) times within five (5) days from the date of purchase. To access additional downloads after this period, the Customer must provide proof of purchase and may be granted further downloads at the discretion of SIM3D’s support team or the Content Provider.
   2. Lifetime Updates for Eligible Products: Certain products may come with a “Free Lifetime Updates” provision. For such products, Customers will receive future product updates at no additional cost, as specified in the original purchase agreement. The availability and frequency of updates are determined by the Content Provider, and any updates will be delivered in accordance with the specific terms outlined in the product listing. SIM3D is not responsible for the availability or quality of updates provided by the Content Provider.
   3. No Physical Goods: All products offered through the SIM3D Shop are digital in nature, and no physical goods will be delivered. Customers acknowledge that they are purchasing the right to use digital products in accordance with the applicable licensing terms and that ownership of physical copies or media is not transferred.
   4. Right of Use and License: Upon successful purchase, the Customer receives a non-exclusive, non-transferable license to use the purchased digital product in accordance with the terms provided by the Content Provider. This license is subject to the specific usage conditions outlined in the product description or license agreement and is valid for the duration specified in the terms. Customers may not resell, redistribute, or modify the purchased digital products unless explicitly permitted by the Content Provider.
   5. Responsibility for Download Issues: Customers are responsible for ensuring they download and securely store the purchased digital products within the provided access period. SIM3D will not be held liable for any loss of access due to user errors, such as failed downloads, deletion, or hardware malfunctions. If technical difficulties arise during the download process, Customers should contact SIM3D support for assistance within the download window.

• Licenses to Content

1. 1. License Grant by Content Providers: Licenses for digital content offered through SIM3D Shop are granted directly by the Content Provider to the Customer. SIM3D acts solely as an intermediary, facilitating transactions but not being a party to the sales contract or license agreement between the Customer and Content Provider.
   2. Applicable License Terms: Any digital content acquired by the Customer is governed by the Content Provider’s specific Customer License Agreement (“Custom EULA”), as indicated on your purchase receipt. If the Content Provider fails to provide a Custom EULA, the content will be governed by SIM3D Shop’s default Licensed Application End User License Agreement by and between the Content Provider and the Customer (“Standard EULA”), outlined in Section 12.
   3. Licensor Designation: For the purpose of any EULA or license agreement, Content Providers shall be referred to as the “Licensor.” Licensors are responsible for defining the terms under which their content is licensed to Customers.
   4. Liability and Claims: The Content Provider is solely responsible for ensuring the legality, pricing, and performance of their digital products under local laws. Any disputes or claims arising between the Customer and the Content Provider concerning the content are the responsibility of the Content Provider. SIM3D, as an intermediary, is not liable for these claims but reserves the right to enforce license terms on behalf of the Content Provider if necessary.

• Content Providers- License Grant to SIM3D Shop

1. 1.  Ownership of Content: You retain full ownership of your Licensed Content, including all intellectual property rights. By submitting your content to SIM3D, you grant SIM3D the rights outlined above for the distribution and promotion of your content on the platform.
   2. Third-Party Rights: You represent and warrant that you hold all necessary rights, permissions, and licenses to make the Licensed Content available on SIM3D Shop. You agree to indemnify SIM3D against any claims related to third-party intellectual property rights infringements.
   3. License Grant to SIM3D Shop. As a Content Provider, you grant SIM3D Shop a limited, non-exclusive, worldwide, royalty-free license to distribute, display, and promote your Licensed Content on the platform. This license also allows SIM3D to format or modify your content for technical compatibility with the platform’s systems. Right to Sub-license. You represent and warrant that the Licensed Content, along with any marketing, descriptions, or associated materials provided, complies with all applicable laws, regulations, and policies, including consumer protection, data privacy, intellectual property, and digital content regulations across all regions where the Licensed Content will be available.
   4. Compliance with Laws and Regulations: You represent and warrant that all Licensed Content, along with associated materials and marketing, complies with all applicable laws, including but not limited to intellectual property, consumer protection, and data privacy laws across all regions where your content is offered.
   5. Product Warranties and Performance: You are responsible for ensuring that your Licensed Content functions as described and is free from defects, malware, or any harmful elements. You must ensure that your content meets all quality and performance expectations as outlined in your product descriptions. In case of defects, you are responsible for addressing them in a timely manner, either by issuing a replacement product, price reduction, refund, updates or offering remedies as necessary. Refunds will be calculated proportionally based on the extent of use or access the consumer has had to the digital product up to the date of refund request, unless the defect or non-conformance completely prevents usage.
   6. Support and Updates: Content Providers are required to provide technical support, updates, and bug fixes as necessary to maintain the functionality of their Licensed Content. Support channels must be clearly indicated in the product listing, and any performance issues or vulnerabilities must be resolved in a timely manner.
   7. Liability for Claims: As a Content Provider, you are solely responsible for any claims, disputes, or liabilities arising from your Licensed Content, including but not limited to intellectual property infringement, product liability, and regulatory compliance. SIM3D will not be held liable for any claims related to your content.
   8. Content Review and Removal: SIM3D Shop reserves the right to review and approve any Licensed Content submitted to the platform. SIM3D may remove or suspend content if it violates the platform’s policies, terms, or applicable laws, or if it poses any risk to the platform’s security or integrity.
   9. Modification for Compatibility: SIM3D may modify or adapt the Licensed Content for technical compatibility with the platform and Customers’ devices. These modifications will not alter the core functionality or features of the content without your explicit approval.
   10. Indemnification: The Content Provider agree to indemnify and hold harmless SIM3D, its affiliates, employees, and agents from any and all claims, liabilities, damages, losses, and expenses, including legal fees, arising from: (i) Any breach of your obligations under this Custom EULA; (ii) Any disputes or liabilities related to your Licensed Content; and (iii) Any third-party claims regarding intellectual property infringement or violation of laws.
   11. No Liability for Content: SIM3D Shop acts solely as a facilitator of transactions and does not make representations or warranties about the quality, accuracy, or legality of the Licensed Content. All risks and liabilities associated with the content remain with the Content Provider.
   12. Limitation of Liability: To the maximum extent permitted by law, SIM3D will not be liable for any indirect, incidental, or consequential damages arising from the use of the platform, Licensed Content, or any actions taken in connection with the Licensed Content.
   13. Termination of License: SIM3D reserves the right to terminate your access to the platform and remove your Licensed Content if you violate the Custom EULA or any applicable laws. Upon termination, SIM3D may delete your content from its systems without prior notice.
   14. Voluntary Termination by Content Provider: You may terminate your use of the platform and Custom EULA by removing all previously submitted content. However, licenses already granted to Customers prior to termination will remain valid, and SIM3D will continue to support those Customers as needed.

• Licensed Application End User Licence Agreement – the Standard EULA by and between the Content Provider and the Customer 

1. 1. License Scope: Content made available through the SIM3D Shop are licensed, not sold, to you, the Customer by the Content Provider. Your license to use the Content is conditioned upon your acceptance of the applicable EULA (“Standard EULA”) or a Custom End User License Agreement (“Custom EULA”) if one is provided by the Content Provider. This Standard EULA will be applicable only when a Custom EULA has not been provided by the Content Provider. Content governed by this Standard EULA are referred to as “Licensed Content.” The Content Provider shall for the purpose of this section 12 be referred to as “Licensor”. The Licensor retain all rights in the Licensed Content that are not explicitly granted to you.
   2. License Grant. The Licensor grants you a limited, worldwide, non-transferable, non-exclusive, revocable, non-sublicensable subscription-based license to use the Licensed Content on any of your compatible devices in line with the applicable usage rules. This license also applies to materials or services accessible or purchased through the Licensed Content, as well as any updates, unless these are covered by a separate Custom EULA. You may not distribute, transfer, or sublicense the Licensed Content, except as outlined in this Agreement. You may not distribute, transfer, or sublicense the Licensed Content without explicit permission, and you must remove all copies of the Licensed Content from any device before selling or transferring ownership of the device.
   3. Prohibited Use: You agree not to: (i) Modify, reverse-engineer, decompile, or create derivative works based on the Licensed Content, unless permitted by applicable law; (ii) Use the Licensed Content for any commercial purposes without proper authorization; (iii) Share, distribute, or make the Licensed Content available to third parties in any unauthorized manner.
   4. Data Use and Privacy: By using the Licensed Content, you consent to the collection and use of technical information related to your device, operating system, and usage of the content, which may be used by the Licensor to provide updates, support, and improvements. This information will not include personal identification data unless explicitly consented to and will be handled in accordance with applicable data protection laws.
   5. Termination. This EULA remains in effect until terminated by you or the Licensor. You may terminate this agreement at any time by ceasing all access to and use of the Licensed Content, deleting any copies of the Licensed Content from your devices, and discontinuing any associated services. The Licensor reserves the right to terminate this EULA immediately and without notice if you fail to comply with any of the terms or conditions outlined in this agreement. Upon such termination, your rights under this EULA will immediately and automatically cease, including but not limited to your right to access or use the Licensed Content. You must then promptly cease all use of the Licensed Content, and destroy or remove all copies of it from your devices, systems, and any other materials under your control. Termination of this EULA will not affect any accrued rights or obligations of either party and will not relieve you of liability for any breach of this agreement prior to termination.
   6. External Services. The Licensed Content may give you access to third-party services or websites (“External Services”). You agree to use these services at your own risk. The Licensor is not responsible for the content or accuracy of External Services and is not liable for any issues arising from your use of them. Any data provided by these services is for informational purposes only and is not guaranteed. You are solely responsible for complying with applicable laws while using External Services, and the Licensor reserves the right to modify or restrict access to these services without notice.
   7. Warranty Disclaimer. To the maximum extent permitted by applicable law, the Licensed Content and any associated External Services are provided “as is” without warranties of any kind. The Licensor will use reasonable care in providing the Licensed Content and any External Service. In line with local laws, you may have a legal guarantee of conformity for up to two years for purchased Licensed Content. The Licensor does not warrant that: (i) Your use of External Services will be uninterrupted or error-free; (ii) External Services will be free from security risks such as viruses or hacking. You are reasonable for backing up your own data, including Licensed Content.
   8. Limitation of Liability. Except as herein detailed, the Licensor, its affiliates, employees, or agents will not be liable for any losses or damages caused unless: (i) there is a breach of legal duty owed to you; (ii) the result of the breach is reasonably foreseeable; (iii) it results from actions taken by the Licensor to restrict your access due to suspected violations; (iv) it relates to business or data loss connected to your use of the Licensed Content. The Licensor shall not be held liable for any increase in loss or damage that is a result of your breach of the EULA. The limitation does not limit the Licensor’s ability for fraud, gross negligence, wilful misconduct, or personal injury caused by negligence.
   9. Export Control. You may not export or re-export the Licensed Content except as allowed by the laws of your jurisdiction. By using the Licensed Content, you confirm that you are not located in any restricted country or on any restricted list, and you agree not to use the product for any purposes prohibited by law.
   10. Applicable Laws. Except as otherwise provided by mandatory consumer protection laws in your country of residence, this Agreement and your relationship with the Licensor will be governed by the laws of Sweden, and you agree to submit to the jurisdiction of Swedish courts for resolving disputes. However, if you are a resident of a European Union country, you may also be entitled to bring proceedings in the courts of your country of residence. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

• Indemnification and Liability

1. 1. Indemnification by Content Provider: The Content Provider agrees to indemnify, defend, and hold harmless SIM3D, its affiliates, employees, directors, and agents from and against any and all claims, demands, liabilities, damages, or costs (including reasonable attorneys’ fees) arising from: a) Any breach by the Content Provider of their obligations under these Terms, including but not limited to violations of intellectual property rights, consumer protection laws, or any other applicable regulations; b) Any claims relating to the content, products, or services offered by the Content Provider through SIM3D Shop, including but not limited to claims concerning product quality, accuracy, performance, safety, or compliance with applicable laws; and c) Any disputes or claims arising between the Content Provider and the Customer, including those related to delivery failures, misrepresentation, incomplete services, or inadequate customer support.
   2. Indemnification by Customer: The Customer agrees to indemnify, defend, and hold harmless SIM3D from any and all claims, liabilities, damages, losses, or costs arising from their breach of these Terms, including any improper use of the platform, infringement of third-party rights, or any actions that cause harm to other Customers, Content Providers, or SIM3D’s services.
   3. Limitation of SIM3D’s Liability: SIM3D shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use the platform, including but not limited to: (i) Defective or inaccurate digital products provided by Content Providers; (ii) Transaction failures or disputes between Content Providers and Customers; or (iii) Errors or omissions in content, technical issues, or platform unavailability.
   4. Liability Exceptions: SIM3D’s liability shall be limited to instances of gross negligence, willful misconduct, or failure to meet any non-excludable statutory obligations under applicable law. In such cases, SIM3D’s total liability will not exceed the total fees paid by the Customer for the relevant product or service giving rise to the claim.

• Disclaimers and Warranties

1. 1. Platform Provided “As Is”: The SIM3D Shop platform is provided on an “as is” and “as available” basis, without any warranties or guarantees, either express or implied, regarding the functionality, performance, or security of the platform. This includes any warranties of merchantability, fitness for a particular purpose, or non-infringement.
   2. No Guarantee of Product Quality: SIM3D does not warrant or guarantee that digital products purchased through the platform will be free of defects, meet specific Customer expectations, or perform as described by Content Providers. Any concerns related to product quality or functionality must be resolved directly with the Content Provider.
   3. No Responsibility for Platform Interruptions: SIM3D disclaims all liability for any delays, interruptions, technical issues, or data loss experienced in connection with the platform. SIM3D does not guarantee continuous, uninterrupted access to the platform and shall not be held responsible for any losses resulting from temporary service unavailability.
   4. Limitations of Liability: SIM3D shall not be liable for any loss or damage under the following conditions: a) There is no breach of any legal duty of care owed to you by SIM3D; b) The loss or damage was not a reasonably foreseeable result of any breach by SIM3D; c) The loss or damage results from your violation of these Terms or misuse of the platform; d) The loss or damage arises from SIM3D’s decision to remove or restrict access to content, suspend user accounts, or take action based on violations or investigations under these Terms; e) The loss or damage relates to income, business profits, or data loss or corruption caused by the Customer’s use of the platform.
   5. Limited Warranty for Services: SIM3D warrants that the services provided through the platform will conform in all material respects to the specifications and information set forth on the SIM3D website. SIM3D further warrants that its services will be delivered in a professional manner, adhering to good security practices. However, this limited warranty does not extend to third-party content or services provided by Content Providers.

• Termination and Suspension

1. 1. Termination for Convenience by the User: Users, including both Content Providers and Customers, may terminate their use of the platform for any reason by providing written notice to SIM3D. Upon receipt of the notice, your account will remain active for a period of thirty (30) days, during which time you must fulfill any outstanding obligations, such as finalizing pending transactions or completing any services owed. Upon the expiration of the notice period, your account will be closed, and all rights to access the platform will be revoked: a) Content Providers who terminate their account must ensure that any licenses granted to Customers prior to termination remain in effect, and they are obligated to provide any necessary support or updates to those Customers, as applicable, even after termination; and b) Customers who terminate their accounts will still retain rights to access and use content purchased prior to termination, in accordance with the applicable license terms.
   2. Termination or Suspension for Breach: In the event of your failure to comply with these Terms, SIM3D reserves the right to: a) Suspend or terminate your account, in which case you will remain liable for all amounts due under these Terms; and/or b) Suspend or terminate your access to the platform and its services. The decision to suspend or terminate your access will be based on several factors, including the seriousness of your non-compliance and whether you have previously breached these Terms.
   3. Termination or Suspension for False Information or Unlawful Conduct: SIM3D reserves the right to suspend or terminate your access to the platform and/or your account if it is determined that you have provided false or misleading information or engaged in any unlawful conduct. SIM3D will evaluate the circumstances of each case, taking into consideration the same factors outlined in Section 15.2, including the severity of the misconduct.
   4. Termination for Material Breach: SIM3D may terminate your agreement and access to the platform by providing no less than fourteen (14) days’ written notice in the case of a material breach of these Terms that cannot be remedied within an additional fourteen (14) day period following the notice. If the breach is not remedied within this time frame, termination will take effect at the end of the notice period.
   5. Consequences of Termination: Upon termination, all rights granted under these Terms shall cease immediately. Any confidential information shared between you and SIM3D must be promptly destroyed. You must stop all use of the platform and its services, and both Customers and Content Providers must remit in full any outstanding payments due under these Terms.
   6. Survival of Rights: Termination of your account or agreement with SIM3D will not affect any rights or obligations that have already accrued prior to termination, including the validity of any content already purchased, downloaded, or licensed by Customers. Customers will retain their rights to use previously purchased content in accordance with the applicable license agreements.
   7. Access to Content Upon Termination: Upon written request, you may retrieve any content or data from the platform before the termination date. SIM3D may charge additional fees for retrieval, and after the termination date, all data, content, and accounts will be deleted, making them unrecoverable.

• Privacy and Data Protection

1. 1. Compliance with Data Protection Law: SIM3D Shop complies with the General Data Protection Regulation (GDPR) and the Swedish Data Protection Act in the collection, processing, and storage of personal data. SIM3D is committed to maintaining high standards of data privacy and security and follows all applicable data protection laws to ensure the confidentiality and integrity of user data.
   2. Collection and Use of Personal Data: The collection and use of personal data by SIM3D Shop are governed by the SIM3D Privacy Policy. The Privacy Policy outlines how we collect, use, store, and protect your personal data, as well as your rights regarding your data. By using the SIM3D platform, you consent to the practices described in our Privacy Policy.
   3. Data Processing Agreement for Content Providers: Content Providers that process personal data in connection with their use of the SIM3D Shop are required to enter into a Data Processing Agreement (“DPA”) with SIM3D. This DPA governs the rights and responsibilities of both parties concerning the handling of personal data in accordance with GDPR. Content Providers must ensure they comply with all applicable data protection laws and the terms outlined in the DPA. The DPA is available as an amendment to these Terms and can be referenced in the SIM3D Shop’s legal resources.
   4. Third-Party Data Processing: Where SIM3D Shop uses third-party services to process personal data (e.g., for payment processing or hosting services), such third parties are contractually obligated to adhere to the same strict data protection standards as SIM3D Shop. We carefully select our service providers to ensure compliance with applicable data protection laws, including GDPR.
   5. User Rights and Data Requests: As a user of the SIM3D Shop, you have the right to access, correct, update, or delete your personal data in accordance with GDPR. You may also request that we restrict or object to the processing of your data, or request data portability. Any such requests should be made in writing to our privacy office at sim3d@snabbserver.com.com, and we will respond within the legally required timeframe.
   6. Security Measures: SIM3D Shop employs technical and organizational measures to ensure the security of personal data against unauthorized access, accidental loss, disclosure, or destruction. We regularly review our security policies and procedures to ensure that they meet or exceed industry standards.

• Custom Models

1. 1. General Description of the Feature: The “Order a Custom Model” feature allows Customers to request custom models to be created by Content Providers. This feature facilitates collaboration between Customers and Content Providers, enabling on-demand digital content tailored to specific requirements.
   2. Customer Request for Custom Models: Customers can submit a request for a specific model by providing detailed specifications, requirements, and expectations through the platform. Upon receiving the request, Content Providers will review it and, if they choose to accept, will create the custom model in accordance with the Customer’s specifications. The Content Provider may set a price and delivery timeline based on the complexity of the request. The Customer agrees to the fees set by the Content Provider when the request is accepted, and the project will proceed according to these Terms.
   3. Creation and Delivery of Custom Models: Once the Content Provider accepts the request and begins the project, the custom model will be “made on demand” according to the agreed-upon specifications, timeline, and price. After the model is completed, it will be delivered to the Customer through the SIM3D platform.
   4. Upload to SIM3D Shop: If the Customer and Content Provider have an existing agreement, or if mutually agreed upon, the completed custom model may be uploaded to the SIM3D Shop for future licensing or sale to other users. The rights to distribute or resell the model shall be governed by the separate agreement between the Content Provider and the Customer, if applicable.
   5. Revisions and Modifications: Depending on the terms agreed between the Content Provider and the Customer, revisions or modifications to the custom model may be allowed. Such terms, including the scope of revisions and associated costs, should be clearly outlined before project initiation.

• Amendments to these Terms

1. 1. SIM3D’s Right to Modify Terms: SIM3D Shop reserves the right to amend or update these Terms at any time. Any changes will be clearly posted on the platform, and users will be notified via email or through their account dashboard, where applicable. SIM3D will endeavor to provide reasonable notice for any material changes that may affect users’ rights or obligations.
   2. User Acceptance of Updated Terms: By continuing to use the platform after any amendments have been posted, users agree to be bound by the updated Terms. If a user does not agree with the revised Terms, they must discontinue using the platform and terminate their account in accordance with Section 15 (Termination and Suspension).
   3. Responsibility for Reviewing Updates: It is the responsibility of both Content Providers and Customers to regularly review these Terms for any changes or updates. Users are encouraged to stay informed of any revisions to ensure compliance with the most current version of the Terms. SIM3D will indicate the “Last Updated” date for transparency.

• Governing Law and Dispute Resolution

1. 1. Governing Law: The Agreement shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law principles. This applies to all interactions and transactions on the SIM3D Shop platform unless otherwise required by applicable local consumer protection laws.
   2. Disputes with Content Providers: Any disputes arising between SIM3D and Content Providers, including but not limited to issues concerning content, transactions, or compliance with these Terms, shall be resolved by arbitration under the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) Arbitration Rules. The following provisions shall apply to such arbitration: a) The number of arbitrators shall be determined by the SCC depending on the complexity of the case; b) The seat of arbitration shall be Stockholm, Sweden; c) The language of the proceedings shall be English, except where evidence may be presented in Swedish or English as relevant, and d) The arbitration decision shall be final and binding on both parties.
   3. Disputes with Consumers: For disputes arising between SIM3D and Users who qualify as consumers under applicable law, the following procedure shall apply: a) Initially, the parties shall engage in a good-faith dialogue to attempt to resolve the dispute amicably. Users may submit a complaint to SIM3D, and SIM3D will respond in accordance with its internal complaint mechanism; b) If the issue cannot be resolved through good-faith discussions, the consumer may escalate the dispute to the appropriate court of law. The courts of Sweden shall have jurisdiction over such disputes unless local mandatory laws dictate otherwise, and c) Consumers have the right to bring legal proceedings in the courts of their country of residence if they are located within the European Union or another jurisdiction with specific consumer protection rights.
   4. Internal Complaint Mechanism: Before initiating arbitration or legal proceedings, both Content Providers and Consumers are encouraged to seek resolution through SIM3D’s internal complaint mechanism. Complaints must be submitted in writing within 180 days of the issue arising. SIM3D will process all complaints in the order they are received and provide a decision within a reasonable timeframe.