USER AGREEMENT
APPENDIX 3 TO SUBSCRIPTION OFFER AGREEMENT
This User Agreement (hereinafter referred to as the “Agreement”) governs the relationship between HolyPoly LLP (“Partnership”) and any individual or legal entity (“User”) who has registered or otherwise uses the website located at https://scanwow.com/ and its corresponding mobile application (“Website”), as follows:
1. Subject of the Agreement
1.1. The Partnership grants the User access to the Website, whose primary functionality includes the sale of 3D models, HDRI maps, textures, texture maps, plugins and other digital content, within the scope of the User's active subscription. The Partnership is the copyright holder for all 3D models published on the Website.
1.2. By registering on the Website and/or purchasing a subscription, the User expressly confirms that they have read and understood this Agreement and fully agree with its terms and conditions and accept them without any reservations. The User additionally confirms their legal authority to use the Website in accordance with this Agreement; that payments for the services on the Website are made legitimately using the funds owned by the User; and that they have attained eighteen (18) years of age when accessing sections containing adult-restricted content.
1.3. If the User disagrees with terms and conditions of the Agreement, they must immediately refrain from using the Website.
2. Website Registration and Access
2.1. The User shall complete the registration process to access the Website's functionality.
2.2. During registration, the User shall provide accurate personal information.
2.3. The login and password constitute confidential information. The User shall bear full responsibility for their security.
3. Paid Subscriptions and Terms of Payment
3.1. The sale of 3D models is conducted through the User's purchase of a subscription (“Subscription”). 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. Subscriptions are monthly and automatically renew unless canceled by the User.
3.3. The Subscription fee shall be paid by the User online via a third-party payment service. Payment shall be deemed complete from the moment it is credited to the Partnership's current account. Additional payment terms may be specified in the Partnership's documents published on the Website.
3.4. The Subscription may be canceled by the User at any time through the Website's functionality.
4. Rights and Obligations of the User
4.1. The User shall have the right to:
4.1.1. Register an account on the Website.
4.1.2. Purchase a selected Subscription and obtain access to 3D models within the scope of such Subscription.
4.1.3. Use downloaded 3D models for personal projects, provided such use does not violate the Subscription terms, or terms and conditions of this Agreement, or the laws of the Republic of Kazakhstan.
4.1.4. Receive informational notifications from the Partnership related to the Website usage, including notices about the Subscription, Agreement modifications, new features, etc.
4.1.5. Contact the Partnership's support service regarding Website functionality, Subscription access and any other related issues.
4.1.6. Cancel the subscription at any time through their personal account.
4.1.7. Request deletion of their account on the Website, unless prohibited by the laws of the Republic of Kazakhstan.
4.1.8. The Partnership shall store the User's data for the entire duration of the purchased subscription period irrespective of the User's activity on the Website, followed by an additional three (3) calendar months after subscription expiration. Any data subject to a storage periods exceeding three (3) calendar months under the laws of the Republic of Kazakhstan shall be stored for the period established by the laws of the Republic of Kazakhstan.
4.2. The User shall:
4.2.1. Provide accurate registration data and promptly update it when changes occur.
4.2.2. Independently ensure the security of login and password to their account and prevent third-party access.
4.2.3. Comply with the terms and conditions of this Agreement, international laws and regulations on Internet use, including GDPR, CCPA, OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data, UNICTRAL Model Laws, Budapest Convention, ISO/IEC 27001 / 27701, ePrivacy Directive, as well as the applicable laws of the Republic of Kazakhstan.
4.2.4. Use 3D models strictly within authorized scope — without infringing the rights of the Partnership or third parties.
4.2.5. Refrain from actions compromising the Website functionality, including but not limited to bypassing technical restrictions, unauthorized data/functionality access, etc.
4.2.6. Refrain from any attempt to copy, modify, decompile, distribute or resell the models beyond the scope of the Subscription terms.
4.2.7. Avoid posting any information on the Website that violates moral principles, laws and/or third-party rights.
4.3. The User is expressly prohibited from:
4.3.1. Transferring 3D models to third parties without the Partnership's prior written consent.
4.3.2. Selling, leasing, distributing, or otherwise utilizing 3D models beyond the scope of the Subscription terms.
4.3.3. Using 3D models to create similar or derivative products intended for resale or competitive purposes.
4.3.4. Incorporating the models into products that violate the terms and conditions of this Agreement, universal moral and ethical principles and/or laws of the Republic of Kazakhstan.
4.4. 3D models 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.
4.5. The User acknowledges that certain Website materials may contain scenes/visual elements unsuitable for persons under eighteen (18). 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 any of 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 3D models 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.
8.4. The Partnership and the User may establish alternative terms of engagement regarding the Website by signing separate agreements.