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.
The Service is currently offered as a public beta. These Terms will be updated to reflect subsequent modifications to the Service and/or its transition from beta to general availability. 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.
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, 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 federal 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. Any provisions of these Terms that by their nature should survive termination will do so, including ownership provisions, intellectual property licenses granted to Thrixel, warranty disclaimers, indemnity obligations, and limitations of liability, as further described in Section 10.5.
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 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.
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.
(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.
By generating 3D Objects using the Service, you grant Thrixel a worldwide, non-exclusive, non-transferable, royalty-free license 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, 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 Thrixel Platform's performance, accuracy, conformance to specifications, ease of use, and commercial viability (collectively, "Feedback"), or suggestions and/or ideas for modifications and/or enhancements to the Thrixel Platform (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 all such right, title, and interest, including all intellectual property rights therein.
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 aggregated Usage Data upon the termination of your account or the removal of your content.
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, generation credits, usage limits, and features associated with each tier are detailed on the Service's pricing page. Because the Service is currently in a beta period, Thrixel reserves the right to modify these offerings, adjust plan limits, or introduce new fees at any time. Thrixel will provide you with reasonable advance notice of any pricing changes, 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. By signing up for a Paid Plan, you authorize Thrixel, through its third-party payment processor, to charge your designated payment method for all applicable subscription fees and any relevant taxes.
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.
The Service is currently offered as a beta product and may contain faults, errors, bugs, defects, or instability, and may not be available at any particular time. Thrixel reserves the right to modify, suspend, or discontinue the Service or any part thereof at any time during the beta period.
During the beta period, 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 during the beta period without notice or liability.
Thrixel is not liable for any damages, losses, or inconvenience arising from changes to, suspension of, or discontinuation of the Service during the beta period, including any loss of data or access to 3D Objects.
THE SERVICE IS CURRENTLY OFFERED AS A BETA PRODUCT AND 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, NEITHER YOU NOR THRIXEL WILL BE LIABLE TO THE OTHER 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 A PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, 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 CAP SET FORTH IN THE FOLLOWING PARAGRAPH. FOR THE AVOIDANCE OF DOUBT, THE LIABILITY CAP IN THE FOLLOWING PARAGRAPH DOES NOT LIMIT YOUR OBLIGATIONS UNDER SECTION 8 (INDEMNIFICATION), YOUR OBLIGATION TO PAY SUBSCRIPTION FEES DUE, OR LIABILITY ARISING FROM YOUR INFRINGEMENT OR MISAPPROPRIATION OF THRIXEL'S INTELLECTUAL PROPERTY RIGHTS.
IN THE EVENT THRIXEL IS HELD TO BE LIABLE FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, THRIXEL'S TOTAL LIABILITY IN THE AGGREGATE 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 defend, 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. This obligation does not apply to the extent that a third-party claim arises directly from Thrixel's own gross negligence or willful misconduct.
Thrixel respects the intellectual property rights of others. If you believe any content on the Service infringes your copyright, please send a notice to 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 or to seek emergency injunctive or other equitable relief, and you and Thrixel consent to the personal jurisdiction of those courts for such purposes.
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. The arbitration will be conducted by a single arbitrator, in English, and will take place in Chicago, Illinois. The arbitrator's decision will be final, binding, and enforceable in any court of competent jurisdiction. Nothing in this Section prevents either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm pending the outcome of arbitration. To the fullest extent permitted by applicable law, you and Thrixel each waive the right to a jury trial and the right to bring, join, or participate in any class action, collective action, or representative proceeding in connection with any dispute arising under these Terms or related to the Service.
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.
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, 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.