SUBSCRIPTION OFFER AGREEMENT
“HolyPoly” Limited Liability Partnership, represented by Director Maksim Andreevich Bronnikov, acting on the basis of the Articles of Association (hereinafter referred to as the “Partnership”), offers this Offer Agreement (“Agreement”) to individuals and legal entities (“User”) who accept it.
This Agreement is published on the Partnership's website located at: https://scanwow.com/ (“Website”).
Under this Agreement, the Partnership and the User, hereinafter collectively referred to as the "Parties", agree to the following terms and conditions:
1. Subject of the Agreement
1.1. This Agreement constitutes a public offer in accordance with international principles of electronic transactions (UNCITRAL Model Law) and governs the provision of access to digital content via subscription. The Partnership grants the User the right to access downloads of 3D models, HDRI maps, textures, texture maps, plugins, and other digital content (“Content”) published on the Website through the purchase of a subscription (“Subscription”) under the terms and conditions defined by this Agreement, appendices and Supplements thereto. The Website is located at: https://scanwow.com/.
1.2. The Subscription grants the User a non-exclusive right to use the Content within the scope of the purchased Subscription.
2. Acceptance of the Agreement
2.1. Registration on the Website or payment completion while selecting a tariff plan shall constitute acceptance of this offer and indicate full agreement with its terms and conditions.
Completion of payment or registration on the Website with selection of a tariff plan shall constitute acceptance of this offer and means full agreement to its terms and conditions. During registration, the User shall review the terms of accession to this Agreement (Appendix 1). If the User disagrees with this Agreement or any other public documents of the Partnership published on the Website, they must immediately terminate the registration process and refrain from making any payment. Failure to review the Partnership's public documents published on the Website does not exempt the User from liability for violating their terms.
2.2. To exercise the granted right to use the Content, the User must complete registration on the Website in accordance with the procedure established by the Partnership's public documents published on the Website.
2.3. By completing payment, the User additionally confirms that they have reviewed all public documents of the Partnership and accept their terms.
3. Terms of Payment
3.1. The cost and features of Subscriptions are determined separately by the Partnership and published on the Website. Subscriptions vary in the number of available downloads and additional options.
3.2. The Subscription shall be monthly or annual, at the User's choice, and shall be valid from the date of purchase for 30 or 365 days, respectively. It shall automatically renew for an equivalent period unless canceled by the User. If the User cancels the Subscription, it shall remain active until the end of the current billing period; therefore, no refunds or recalculations will be made.
3.3. The Subscription fee shall be paid by the User online via a third-party payment service, with 100% prepayment required. Payment shall be deemed complete from the moment it is credited to the Partnership's current account.
3.4. All prices on the Website include applicable taxes under the Partnership's jurisdiction. The Buyer shall be responsible for paying any additional taxes, including VAT, as required by their country's laws.
3.4. The Subscription may be canceled by the User at any time through the Website's functionality.
3.5. Pursuant to Article 16 of Directive 2011/83/EU on Consumer Rights, digital content whose access has been granted with the User's consent before the cancellation period expires shall not be eligible for refunds. By purchasing a Subscription, the User expressly consents to immediate access.
4. Rights and Obligations of the Parties
4.1. The Partnership shall have the right to:
4.1.1. Receive payment from the User for the Subscription in due time and in full.
4.1.2. Demand proper performance of this Agreement.
4.1.3. Unilaterally modify this Agreement and Subscription terms in accordance with established procedures.
4.1.4. Unilaterally terminate this Agreement at its own discretion.
4.2. The Partnership shall:
4.2.1. Grant the User access to the Content according to the Subscription they have purchased.
4.2.2. Notify the User of any changes to this Agreement or Subscription terms.
4.2.3. Maintain the Website's functionality and ensure access to the Content.
4.3. The User shall have the right to:
4.3.1. Use the Content in accordance with the terms of the purchased Subscription;
4.3.2. Receive information from the Partnership, including information related to the Content usage, Subscription terms, amendments to this Agreement, Website updates, etc.;
4.3.3. Contact the Partnership's support service regarding Website functionality, Subscription access and any other related issues.
4.3.4. Cancel the Subscription at any time.
4.3.5. Request deletion of their account on the Website, unless prohibited by the laws of the Republic of Kazakhstan.
4.4. The User shall:
4.4.1. Provide accurate registration data and promptly update it when changes occur.
4.4.2. Independently ensure the security of login and password to their account and prevent third-party access.
4.4.3. Comply with the terms and conditions of this Agreement and the applicable laws of the Republic of Kazakhstan.
4.4.4. Use the Content strictly within authorized scope — without infringing the rights of the Partnership or third parties.
4.4.5. Refrain from actions compromising the Website functionality, including but not limited to bypassing technical restrictions, unauthorized data/functionality access, etc.
4.4.6. Refrain from any attempt to copy, modify, decompile, distribute or resell the Content.
4.4.7. Avoid posting any information on the Website that violates universal moral and ethical principles, laws of the Republic of Kazakhstan and/or third-party rights.
4.5. The User is expressly prohibited from:
4.5.1. Transferring the Content to third parties without the Partnership's prior written consent.
4.5.2. Selling, leasing, distributing, or otherwise utilizing the Content beyond the scope of the Subscription terms.
4.5.3. Using the Content to create similar or derivative products intended for resale or competitive purposes.
4.5.4. Incorporating the Content into products that violate the terms and conditions of this Agreement, universal moral and ethical principles and/or laws of the Republic of Kazakhstan.
4.5.5. The User acknowledges that all the content published on the Website, including but not limited to texts, images, audios, videos, structure, code, descriptions and other digital content (collectively, "Content") is protected by copyright and other intellectual property laws.
Expressly prohibited uses include any application of Website Content for training, fine-tuning, testing and any other interaction with artificial intelligence systems (including neural networks), whether in whole or in part, without obtaining prior written authorization from the rights holder.
Any automated data extraction, parsing, mass downloading or any similar use of the Content for analysis, database integration or creation of derivative models/algorithms constitutes a violation of these terms and copyrights.
The Partnership reserves the right to pursue legal action against such activities under applicable international law, including intellectual property protections under the Berne Convention and other ratified international treaties.
4.6. The Content may be utilized in the User's personal projects subject to compliance with the terms and conditions of this Agreement and the laws of the Republic of Kazakhstan.
4.7. The User acknowledges that certain Website materials may contain scenes/visual elements unsuitable for persons under eighteen (18) years of age. The User shall bear sole responsibility for enforcing age restrictions.
5. Liability
5.1. The Partnership shall not be liable for any losses incurred by the User arising from the use or inability to use the Website and its Content, except in cases expressly provided for by the laws of the Republic of Kazakhstan.
5.2. The Partnership shall not be liable for any consequences resulting from inaccurate or false information provided by the User during registration or use of the Website.
5.3. The User shall be fully responsible for ensuring that their use of the Content complies with the applicable laws in their jurisdiction.
6. Dispute Resolution
6.1. Any and all disputes arising between the Partnership and the User shall be resolved through amicable negotiations. In case of failure to reach an agreement, disputes shall be referred to the courts of the Republic of Kazakhstan. The applicable law shall be the law of the Republic of Kazakhstan.
7. Processing of Personal Data
7.1. The User consents to the collection and processing of their personal data to the extent necessary for: the performance of this Agreement and provision of the Website's services. The procedure for collecting and processing personal data is governed by the Partnership's separate policies published on the Website.
8. Miscellaneous
8.1. The Partnership may unilaterally amend terms and conditions of this Agreement. Such amendments shall take effect upon publication of the revised Agreement on the Website, unless otherwise specified in the amended Agreement.
8.2. Continued use of the Website after amendments take effect constitutes the User's acceptance of all amendments.
8.3. All other matters not covered by this Agreement shall be governed by the applicable law of the Republic of Kazakhstan.