These Terms of Service ("Terms") govern your access to and use of the products and services provided by Thrixel, Inc. ("Thrixel," "we," "us," or "our"), including Thrixel's proprietary artificial intelligence ("AI")-native 3D creation environment, including its web-based interface, associated application programming interface ("API"), and tools for the generation, modification, and export of 3D assets and mesh data (the "Thrixel Platform"), and any related applications (collectively, the "Service").
As used in these Terms, "you" or "your" refers to the individual accessing or using the Service, or the company or legal entity on whose behalf that individual is acting. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service. If you are registering for an account or using the Services on behalf of an entity or other organization, references to "you" are to such entity or organization and you are accepting these Terms on behalf of that entity or organization and representing to Thrixel that you have the authority to bind that entity or organization to these Terms. These Terms apply to all Thrixel customers and users of the Service.
We will notify you of material changes by email or by posting a notice within the Service, and will require your affirmative acceptance of the updated Terms before you may continue using the Service.
THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, AMONG OTHER THINGS, THAT DISPUTES RELATING TO THESE TERMS, YOUR ACCOUNT OR THE SERVICES MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY.
Your account registration constitutes your acknowledgement that you are able to electronically receive, download, and print these Terms, and that you consent to do business electronically.
Thrixel makes the Services available pursuant to these Terms and Thrixel's Privacy Policy available at thrixel.com/privacy-policy. To the extent you exit the Services and use a third-party website or other technology platform, you understand and acknowledge that you may be bound by third-party terms and conditions applicable to such website or other technology platform, and that other privacy policies of such third parties will apply. It is your responsibility to read and understand such third-party terms and conditions and privacy practices, and to comply with all obligations imposed by such third parties.
Subject to these Terms, Thrixel grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service while your account is active and in good standing. Thrixel exclusively owns and retains all right, title, and interest in and to the Service and all improvements thereto, including all intellectual property rights therein. Thrixel regards the Service, including the Thrixel Platform and its features, functions, design, underlying models, and specifications as its valuable trade secrets and proprietary know-how, and claims all applicable protections under U.S. and international copyright, patent and other intellectual property laws. Thrixel retains all rights not expressly granted herein, and no implied license shall be deemed to exist.
To access the Service, you must complete account registration, including authentication via one of the third-party providers designated by Thrixel. You agree to provide and maintain accurate and complete account information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must promptly notify Thrixel at support@thrixel.com of any unauthorized use of your account.
Thrixel reserves the right to suspend or terminate your account at any time, without notice or liability, for any violation of these Terms or for any other reason at Thrixel's sole discretion. Upon termination, your right to access and use the Service ceases immediately. You may not create a new account following termination without Thrixel's prior explicit electronic consent.
As between you and Thrixel, you retain ownership of any text-based prompts, written edit instructions, and follow-on textual inputs that you submit to the Service ("User Prompts"). By submitting User Prompts, you grant Thrixel a perpetual, irrevocable, worldwide, royalty-free, sublicensable, non-exclusive license to collect, store, reproduce, use, modify, and otherwise process your User Prompts for any purpose related to operating, maintaining, evaluating, and improving the Service, including training and refining Thrixel's generative models, proprietary algorithms, and any associated technologies.
If you upload images, 3D models, or other data files to the Service ("Uploaded Content"), you represent that you hold all rights necessary to do so, and grant Thrixel a limited, worldwide, royalty-free license to host, cache, reproduce, modify, and process your Uploaded Content to operate the Service and fulfill your requests to generate and/or modify 3D Objects (as defined herein). You are solely responsible for any Uploaded Content you submit to the Service.
"3D Objects" means the specific digital assets generated or modified by you using the Service and downloaded or exported from the Service in any available file format including GLB, FBX, or OBJ. For the avoidance of doubt, 3D Objects do not include: (i) the Service's source code, generative models, proprietary algorithms, graphical user interface, or any internal software features or functions used to facilitate their generation, modification, or export, or (ii) any other intellectual property of Thrixel or its licensors (collectively, (i) and (ii) are "Excluded IP").
Your rights in each instance of 3D Objects are determined by your subscription tier at the time of generation or modification and are not affected by any subsequent change to your subscription:
(a) When accessing the Service under a no-cost subscription tier ("Free Plan"), 3D Objects you generate are made available to you under a Creative Commons Attribution 4.0 International License (CC-BY 4.0). You may use, share, and adapt the 3D Objects, including for both personal and commercial purposes, provided you give appropriate credit to Thrixel; provided that, for avoidance of doubt, such rights do not include a license to Excluded IP.
(b) When accessing the Service under a subscription tier that requires payment ("Paid Plan"), you retain all right, title, and interest in and to the 3D Objects you generate. You may use the 3D Objects for both personal and commercial purposes; provided that, for avoidance of doubt, such rights do not include a license to Excluded IP.
By generating 3D Objects using the Service, you grant Thrixel a worldwide, non-exclusive, royalty-free license (with the right to sublicense to third parties providing services to Thrixel) to access, reproduce, and use the 3D Objects to operate and provide the Service to you, and to evaluate and test Service performance and quality. Users on the Free Plan additionally grant Thrixel a perpetual, irrevocable, royalty-free, sublicensable license to use, modify, distribute, and display the 3D Objects for any purpose related to improving the Service, including training and refining Thrixel's generative models, proprietary algorithms, and any associated technologies, or related to marketing the Service. Thrixel does not use 3D Objects generated under a Paid Plan for training purposes.
Due to the machine-learning nature of AI-powered generation, 3D Objects produced by the Service may not be unique. Other users submitting similar or identical inputs may receive outputs that are substantially similar to yours. Thrixel makes no guarantee of exclusivity or copyrightability for any 3D Objects generated through the Service. You assume all risk associated with your use, distribution, or commercialization of 3D Objects.
"Usage Data" means data and information in any form or media that Thrixel collects regarding your use of the Thrixel Platform, including duration of use, navigation, clicks, and similar metrics and information, but excludes Uploaded Content. You grant Thrixel a limited, non-exclusive, royalty-free license to use Usage Data to (i) create an anonymized and de-identified data set ("De-Identified Data") which Thrixel may aggregate with other data and use for any purpose and (ii) access, use, process, and display Usage Data in connection with your use of the Service.
Thrixel retains all right, title, and interest in and to Usage Data, De-Identified Data, all reports and output of the Thrixel Platform (excluding 3D Objects), all help files and other documentation regarding the Thrixel Platform's features, functions or specifications, and any other data or information in any form or media that Thrixel directly or through the Thrixel Platform provides to you, including any transformations, improvements, combinations and derivate works thereof.
If you choose to provide Thrixel with information regarding the performance, accuracy, conformance to specifications, ease of use, and commercial viability of any Services (collectively, "Feedback"), or suggestions and/or ideas for modifications and/or enhancements to any of the Services (collectively, "Suggestions"), all Feedback and Suggestions shall be owned by Thrixel, and Thrixel, at its sole option, may use some, all or none of the Feedback and Suggestions. Any modifications and/or enhancements that Thrixel may make to the Thrixel Platform or any other Thrixel product or service using some or all of the Feedback or Suggestions shall be owned by Thrixel and used and commercialized without attribution or compensation. To the extent you have any right, title, or interest in the Feedback or Suggestions, you hereby assign to Thrixel (at no cost to Thrixel) all such right, title, and interest, including all intellectual property rights therein, free of all liens and encumbrances.
Thrixel reserves the right, in its sole discretion and without prior notice or liability, to remove or disable access to any specific User Prompts, Uploaded Content, or 3D Objects that Thrixel determines violate these Terms, breach its content moderation policies, infringe any third-party rights, or that Thrixel is required to remove by applicable law. Thrixel may exercise this right independently of, or in addition to, any account suspension or termination. For the avoidance of doubt, Thrixel is not required to delete any De-Identified Data or Usage Data upon the termination of your account or the removal of your content.
You acknowledge that any factual assertions in output from the Services should not be relied upon without independently checking their accuracy, as they may be false, incomplete, misleading or not reflective of recent events or information. You further acknowledge that output from the Services may contain content inconsistent with Thrixel's and its licensors' views. The Services and output from the Services are not and shall not be deemed to be legal, financial, tax, or other professional advice. Any information provided by the Services is intended for general reference purposes only, subject to the usage rights granted in these Terms. You understand that you are responsible for any actions taken based upon information received from the Services.
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement.
You agree not to use the Service to:
Access to certain features of the Service depends on whether you select the Free Plan or a Paid Plan. The specific pricing, included usage, and features associated with each tier are detailed on the Service's pricing page. Thrixel reserves the right to modify these offerings, adjust plan allowances or limits, or introduce new fees at any time. Thrixel will provide you with reasonable advance notice of any increase in the price of your Paid Plan, and any adjusted fees will apply starting on your next billing cycle.
All fees for Paid Plans are billed in advance on a recurring subscription basis, whether monthly or annually, and are non-refundable except as required by law. Paid Plans renew automatically at the then-current rate for successive billing periods until canceled in accordance with Section 5.4. By signing up for a Paid Plan, you authorize recurring charges to your designated payment method for all applicable subscription fees and any relevant taxes on each renewal date.
Depending on your location, your payment may be handled by Thrixel's third-party payment processor or by a third party acting as merchant of record. Where a merchant of record handles your payment, that party is responsible for calculating, collecting, and remitting any applicable sales tax, value-added tax, goods and services tax, or similar indirect taxes, and its name may appear on your payment method or bank statement in place of Thrixel's. In all cases, Thrixel remains the provider of the Service and the seller of your subscription, and these Terms govern your subscription and your use of the Service.
You are solely responsible for ensuring that your billing and payment method information remains accurate, valid, and up to date. If your payment method fails, your payment is rejected, or a chargeback occurs, Thrixel reserves the right to immediately downgrade your account to the Free Plan or suspend your access to the Service altogether. Thrixel is not liable for any loss of features or loss of data resulting from an account downgrade or suspension due to non-payment. For the avoidance of doubt, your rights in 3D Objects previously generated under a Paid Plan are not affected by a subsequent account downgrade, as set forth in Section 3.3.
You may cancel your Paid Plan at any time through your account settings. Cancellation takes effect at the end of your then-current billing period. You will retain access to your Paid Plan through the end of that period, and your payment method will not be charged for subsequent billing periods. Cancellation does not entitle you to a refund of fees already paid for the current or any prior billing period.
You may upgrade or downgrade your Paid Plan at any time. Upgrades take effect immediately. Downgrades take effect at the end of your then-current billing period.
Thrixel reserves the right to modify, suspend, or discontinue the Service or any part thereof, including any individual feature or functionality, at any time and without liability. Thrixel may, but is not obligated to, provide advance notice of any such change.
Thrixel does not guarantee the preservation of any data, including your account information, User Prompts, Uploaded Content, or 3D Objects stored within the Service. You are solely responsible for downloading and preserving any 3D Objects you wish to retain. Thrixel may delete or reset user data at any time without notice or liability, including following termination of your account or extended account inactivity. Thrixel may, but is not obligated to, provide advance notice of data deletion.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ANY FAULTS, ERRORS, BUGS, OR DEFECTS THAT MAY EXIST, AND WITHOUT WARRANTY OF ANY KIND. THRIXEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND SPECIFICALLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT ANY 3D OBJECTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN SUCH AN EVENT, THE ABOVE EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY LAW. THRIXEL HAS NO OBLIGATION TO PROVIDE ANY SERVICE LEVELS, UPTIME COMMITMENTS, SUPPORT LEVELS, OR SERVICE LEVEL CREDITS WITH RESPECT TO THE SERVICE. YOU AGREE THAT YOU REMAIN RESPONSIBLE FOR ALL DECISIONS AND ACTIONS YOU TAKE IN RELIANCE ON ANY OUTPUTS GENERATED BY THE SERVICE, AND YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE SERVICE AND ANY 3D OBJECTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THRIXEL WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOSS OF PROFIT), OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHER THEORIES OF LAW, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR CLAIMS ARISING FROM THRIXEL'S GROSS NEGLIGENCE OR FRAUD, THRIXEL'S TOTAL LIABILITY TO YOU FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT YOU PAID TO THRIXEL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (II) ONE THOUSAND U.S. DOLLARS ($1,000).
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Thrixel and its affiliates, officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, and expenses—including reasonable attorneys' fees—arising out of or in any way connected with: (a) your use of the Service in violation of these Terms; (b) any User Prompts, Uploaded Content, or 3D Objects you submit or generate; (c) your infringement or violation of any third-party intellectual property, privacy, or proprietary rights; or (d) your violation of applicable law. Upon request by Thrixel, you also shall defend the foregoing third-party claims at your expense using legal counsel reasonably acceptable to Thrixel and, in such event, you and your counsel shall not settle or otherwise compromise such claims without Thrixel's prior written consent.
Thrixel respects the intellectual property rights of others. If you believe any content on the Service infringes your copyright, please send a notice to DMCA Agent, Thrixel Inc. by e-mailing support@thrixel.com with the subject "DMCA Takedown".
Your notice must include: (i) identification of the copyrighted work claimed to be infringed; (ii) identification of the material on the Service claimed to be infringing; (iii) your contact information; (iv) a statement that you have a good faith belief that the use is not authorized; and (v) a statement under penalty of perjury that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
Thrixel will terminate the accounts of users who are determined to be repeat infringers of third-party intellectual property rights.
These Terms and any dispute arising out of or relating to them will be governed by the laws of the State of Illinois, without regard to conflict of law principles. The state and federal courts located in Cook County, Illinois will have exclusive jurisdiction over any action brought to enforce an arbitration award under Section 10.2.
If a dispute arises out of or relates to these Terms or the Service, you and Thrixel agree to first attempt to resolve it in good faith through direct electronic communication for a period of thirty (30) days from the date one party notifies the other of the dispute. If the dispute is not resolved informally within that thirty (30) day period, it will be finally and exclusively resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in accordance with the remainder of this Section 10.2.
ANY PAST, PRESENT OR FUTURE DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF OR ACCESS TO THE SERVICES OR ANY PRODUCT OR SERVICE INTEGRATED WITH THE SERVICES, AS WELL AS ANY DISPUTE OR CLAIM RELATING TO OR ARISING UNDER THESE TERMS (INCLUDING UNDER THE PRIVACY POLICY), SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. THE TERMS IN THIS SECTION ARE REFERRED TO AS THE "ARBITRATION AGREEMENT". THIS ARBITRATION AGREEMENT APPLIES TO ALL SUCH CLAIMS, BROUGHT UNDER ANY LEGAL THEORY.
This Arbitration Agreement is governed by the Federal Arbitration Act (FAA). This means that the FAA governs, among other things, the interpretation and enforcement of this Arbitration Agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State, provincial or other local arbitration laws do not govern in any respect.
This Arbitration Agreement is intended to be broadly interpreted and will survive termination of these Terms, which means (among other things) that this Arbitration Agreement applies even after you have stopped using your Thrixel account or have deleted it. The arbitrator, and not any federal, national, state, provincial or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms are void or voidable. If the parties have a dispute about whether this Arbitration Agreement can be enforced, whether this Arbitration Agreement applies to a dispute, or any other dispute about the meaning or scope of this Arbitration Agreement, the parties agree that the arbitrator shall have exclusive authority to resolve the dispute.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief.
In the event this Arbitration Agreement is for any reason held to be unenforceable or inapplicable to a claim, any litigation against Thrixel may be commenced only in those courts referenced in Section 10.1, and both parties consent to the jurisdiction of those courts for such purposes.
If the informal dispute resolution process described in Section 10.2.1 does not result in a resolution of the dispute within thirty (30) days, either party may initiate an arbitration proceeding under the then-current version of the American Arbitration Association's ("AAA") Commercial Arbitration Rules (the "AAA Rules"). The party initiating the arbitration shall be responsible for filing fees. The AAA Rules are available on the AAA's website available at http://www.adr.org or you can call them at 1-800-778-7879. The arbitration will be governed by the AAA Rules and will be held before a single arbitrator appointed in accordance with the AAA Rules. To the extent anything described in this Arbitration Agreement conflicts with the AAA Rules, the language of this Arbitration Agreement applies. Any arbitration will be conducted in Chicago, Illinois, or in another location that both parties agree to in writing. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Each party will be entitled to get a copy of non-privileged relevant documents in the possession or control of the other party and each party may take one (1) deposition. All such discovery will be in accordance with procedures approved by the arbitrator. Each party agrees to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. This Arbitration Agreement does not alter in any way the statute of limitations that would apply to any claims or counterclaims asserted by either party. The arbitrator's award will be based on the evidence admitted and the substantive law of the State of Illinois and the United States, as applicable, and will contain an award for each issue and counterclaim. The award will provide in writing the factual findings and legal reasoning for such award. The arbitrator will not be entitled to modify these Terms, and may not award any relief that is inconsistent with these Terms. The prevailing party shall be entitled to an award of the costs and expenses of the arbitration, including reasonable attorneys' fees and expert witness fees. Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding on the parties. Judgment may be entered in any court specified in Section 10.1.
You and Thrixel agree that any claims or controversies between the parties must be brought against each other on an individual basis only, and not in a class, consolidated, coordinated, or representative action. That means neither you nor Thrixel can bring such a claim as a plaintiff or class member in a class action, consolidated action, coordinated action, or representative action. Subject to clause (b) below, (i) the arbitrator cannot combine or consolidate more than one person's or one entity's claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless all parties agree otherwise in writing) and (ii) the arbitrator's decision or award in one person's or entity's case can only impact the person or entity that brought the claim, not other entities or Thrixel customers, and cannot be used to decide other disputes with other customers. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL, YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-WIDE OR REPRESENTATIVE ARBITRATION, AND YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT (INCLUDING FOR ANY CLAIM THAT IS DETERMINED NOT TO BE SUBJECT TO ARBITRATION UNDER THESE TERMS). If a court decides that this class action waiver is not enforceable or valid, then the entire agreement to arbitrate will be null and void, but the rest of these Terms will still apply.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms will continue in full force and effect.
These Terms constitute the entire agreement between you and Thrixel regarding your use of the Service and supersede all prior or contemporaneous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Thrixel relating to the Service. You acknowledge that no term in any order or other instrument entered into between you and Thrixel or its representatives will be deemed to modify these Terms unless expressly agreed in writing by Thrixel.
No failure or delay by either party in exercising any right under these Terms shall operate as a waiver of that right. Any waiver of a provision of these Terms must be made in writing to be effective. No waiver of any breach shall constitute a waiver of any subsequent or continuing breach of the same or any other provision.
The provisions of these Terms relating to Thrixel's intellectual property rights or licenses granted to Thrixel prior to termination, technology feedback, outstanding fee payment obligations, data retention and deletion provisions, warranty disclaimers, limitations of liability, indemnification obligations, copyright policies, and dispute resolution will survive any expiration or termination of these Terms.
You may not assign, transfer, or delegate any of your rights or obligations under these Terms to any other person or entity without Thrixel's prior written consent. Any purported assignment without such consent is null and void. Thrixel may freely assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without restriction and without notice to you.
Nothing in these Terms shall be construed to imply or create a joint venture, partnership, agency, or employment relationship between you and Thrixel. The parties are independent, and nothing herein grants either party the authority to bind the other or to incur obligations on the other's behalf. Thrixel shall be considered an independent contractor when performing any services in connection with this Agreement.
By creating an account and using the Service, you consent to receive communications from Thrixel electronically, and you agree that all agreements, notices, disclosures, and other communications provided to you via email or through notices posted within the Service satisfy any legal requirement that such communications be in writing. Thrixel may provide official notices to you using these electronic methods, which will be deemed given twenty-four (24) hours after an email is sent or immediately upon being posted within the Service. You may provide official notice to Thrixel by emailing support@thrixel.com, which will be deemed given twenty-four (24) hours after sending.
These Terms are made in the English language. Any translation is provided for convenience only. In the event of any inconsistency between these Terms and a translation, the English version shall prevail unless required otherwise by applicable local law.
If you have questions about these Terms, contact us at support@thrixel.com.