Terms of Service and End User License Agreement

1. Who we are and what these Terms cover

These Terms of Service and End User License Agreement (the “Terms”) are between you and Nikita Mezhuiev, trading as VERSTICE, an Australian sole trader (ABN 33 221 700 979), based in Melbourne, Victoria, Australia (“Verstice”, “we”, “us” or “our”).

These Terms apply to verstice.io, your Verstice account, Verstice Toolbox, and Verstice software made available through or for use with Autodesk 3ds Max, including uScatter, uTiles, uTiles Pro, uBricks, uKit and uLister, as well as related updates, documentation, beta builds and support (together, the “Services”).

If you purchase a paid licence, the applicable order, pricing page and Terms of Sale also apply. If there is a conflict about payment, refunds, taxes or purchase terms, the Terms of Sale control for that issue; these Terms continue to govern software use and licensing.

2. Eligibility and accounts

You must be at least 18 years old and legally capable of entering into a binding agreement. If you use the Services for a company, studio or other organisation, you represent that you have authority to bind that organisation, and “you” includes that organisation where the context requires.

• You must provide accurate account information and keep it up to date.
• You are responsible for maintaining the confidentiality of your credentials and for activity under your account.
• You must promptly notify us at support@verstice.io if you believe your account or licence has been compromised.
• You may not share an account or licence in a way that exceeds the licence scope or seat/device limits shown for the applicable product.

3. Licence grant

Subject to these Terms and any applicable order terms, Verstice grants you a limited, non-exclusive, non-transferable and non-sublicensable licence to install and use the applicable Software for your own personal or internal business purposes during the period in which your licence is valid.

Unless the applicable product or order states otherwise, a paid perpetual licence may be activated on up to three workstations associated with your account. “Perpetual” means that you may continue to use versions of the Software to which you became entitled during your update entitlement period; it does not mean that future updates, upgrades, new products, online services or compatibility with future versions of third-party software are included forever.

The current commercial model may include one year of updates with a perpetual licence and optional extended update periods. The specific update window and device allowance shown at the time of purchase form part of your licence terms.

4. Trial, beta and preview software

We may provide trials, alpha, beta, preview, early-access or other pre-release versions of the Services (“Beta Services”). A trial may be time-limited, including a 14-day trial, and may be subject to additional limits shown in the product or your account.

BETA SERVICES ARE EXPERIMENTAL AND PROVIDED “AS IS” AND “AS AVAILABLE”. To the maximum extent permitted by law, we make no warranty that Beta Services are stable, complete, error-free, secure, fit for a particular purpose or compatible with any particular workflow, 3ds Max version, renderer, plug-in, file format or scene.

• Beta Services may crash, fail to install or update, behave unpredictably, or cause loss, corruption or alteration of data, 3ds Max scenes, materials, geometry, plug-in data, settings, project files or other content.
• You must keep independent backups and should test Beta Services on copies of important scenes and files before using them in production.
• Files, scene data, settings, caches or other data created or modified with a Beta Service may be incompatible with earlier, later or commercial versions of the Software. We do not promise backward or forward compatibility.
• We may modify, suspend, disable or discontinue any Beta Service, account access, feature, server-side function or build at any time, with or without notice, and we have no obligation to release a commercial version or any particular feature.
• Participation in a beta does not create any service-level, support, maintenance, update, roadmap or release commitment.

Nothing in this Section excludes or limits rights or remedies that cannot lawfully be excluded or limited, including applicable consumer rights.

5. Updates, compatibility and third-party platforms

The Services may interact with Autodesk 3ds Max and other third-party software. Supported versions and system requirements may change over time and are described in our current product documentation or release notes. You are responsible for checking compatibility before installing an update or changing your production environment.

Verstice is an independent product and is not affiliated with, endorsed by or sponsored by Autodesk, Inc. Autodesk and 3ds Max are trademarks of their respective owners.

6. Acceptable use and restrictions

• Do not copy, distribute, rent, lease, sell, sublicense or make the Software available to third parties except as expressly permitted by these Terms or applicable law.
• Do not circumvent licence checks, activation limits, technical restrictions, security features or access controls.
• Do not reverse engineer, decompile or disassemble the Software except to the limited extent that applicable law gives you a non-waivable right to do so.
• Do not use the Services to introduce malware, interfere with our systems, probe vulnerabilities without permission, or access another user’s account or data.
• Do not use the Services in violation of applicable law or third-party rights.

7. Your content and support materials

You retain ownership of scenes, project files and other content that you create. The routine operation of Verstice Toolbox is not intended to upload your 3ds Max scenes or project files to us. If you voluntarily send files, screenshots, logs, scene extracts or other materials to support, you grant us a limited licence to access, reproduce and use them only as reasonably necessary to investigate, respond to and resolve your request, improve the relevant product, or comply with law. Our handling of personal information is described in the Privacy Notice.

8. Feedback licence

If you provide suggestions, ideas, feature requests, bug reports, workflow proposals, interface concepts or other feedback about the Services (“Feedback”), you grant Verstice a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable and sublicensable licence to use, reproduce, modify, adapt, create derivative works from, publish, distribute, disclose, commercialise and otherwise exploit that Feedback for any purpose, without payment, attribution or other obligation to you.

Feedback is not confidential. Please do not submit information as Feedback if you expect us to keep it confidential. This does not change our obligations under applicable privacy law with respect to personal information contained in a submission.

9. Intellectual property

The Services, including the Software, user interface, code, graphics, documentation, product names and all related intellectual property, are owned by Verstice or its licensors. Except for the limited licence expressly granted in these Terms, no rights are transferred to you.

10. Third-party components and notices

The Software may include or depend on third-party and open-source components. Those components may be subject to separate licence terms. Applicable acknowledgements and licence notices are provided in or with the Software, including in THIRD-PARTY-NOTICES.txt where applicable. To the extent required by a third-party licence, that licence governs your use of the relevant component and takes priority over conflicting terms in these Terms solely for that component.

11. Privacy and communications

Our Privacy Notice explains how we collect and use personal information. Our Cookie Notice explains our use of cookies, local storage and similar technologies. By using the Services, you acknowledge those notices. Transactional and security communications are part of the Services. Marketing or product-announcement communications are sent only where permitted by law and according to your notification choices.

12. Suspension and termination

We may suspend or restrict access where reasonably necessary to protect the Services, investigate suspected misuse or fraud, comply with law, address security risks, enforce these Terms, or operate a beta programme. We may terminate a beta programme at any time as described above.

For paid perpetual licences, termination of your account or these Terms does not automatically remove non-waivable statutory rights or any licence rights that, under the applicable purchase terms, survive termination. However, we may terminate a licence for material breach, fraud, unlawful use or circumvention of licensing controls, subject to applicable law.

Sections that by their nature should survive termination—including intellectual property, Feedback, disclaimers, limitations of liability, dispute provisions and accrued payment obligations—continue to apply.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. We disclaim all warranties, representations and conditions not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted availability and error-free operation.

We do not guarantee that the Services will meet every production requirement, remain compatible with any third-party product, preserve any particular file format indefinitely, or that every defect will be corrected.

Consumer rights preserved. Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law, applicable EU consumer law, the UK Consumer Rights Act 2015 and other mandatory consumer-protection laws that apply to you.

14. Limitation of liability

To the maximum extent permitted by law, Verstice will not be liable for indirect, incidental, special, exemplary, punitive or consequential loss, or for loss of profits, revenue, business opportunity, goodwill or anticipated savings, arising out of or related to the Services.

For Beta Services and other free use, to the maximum extent permitted by law, our total aggregate liability arising out of or related to that use will not exceed AUD 100. For paid Services, to the maximum extent permitted by law, our total aggregate liability arising out of or related to the Services will not exceed the amount you paid to Verstice for the affected product or Service during the 12 months immediately before the event giving rise to the claim.

The exclusions and caps above do not apply to liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow certain exclusions or limitations, so parts of this Section may not apply to you.

15. Business users

If you use the Services for business purposes, you are responsible for determining whether the Services are suitable for your production environment, maintaining appropriate backups, change-control and testing procedures, and ensuring that use by your personnel complies with these Terms. To the extent permitted by law, you will indemnify Verstice against third-party claims arising from your unlawful use of the Services, infringement caused by materials you supply, or deliberate circumvention of licence or security controls.

16. Changes to the Services and these Terms

We may update the Services and these Terms from time to time. If we make a material change to these Terms, we will take reasonable steps to notify affected users, for example through the website, account or email. Changes apply prospectively from the stated effective date. If applicable law requires your consent to a change, we will obtain it.

17. Governing law and disputes

These Terms are governed by the laws of Victoria, Australia, without regard to conflict-of-law principles. The courts of Victoria have jurisdiction over disputes, except where mandatory law gives you the right to bring a claim in another forum or prevents this choice of law or forum from applying.

If you are a consumer in the European Union, EEA, United Kingdom, Australia, the United States or another jurisdiction with mandatory consumer protections, this Section does not deprive you of protections that apply regardless of the chosen law.

18. Contact

General and support enquiries: support@verstice.io

Privacy enquiries: privacy@verstice.io

Website: verstice.io