Terms of Use

MIX3D.ai (Studio & Streamer) is a product owned and operated by Simpencil Private Limited. Legit copies of MIX3D Studio and Streamer are only available on MIX3DREALITY.COM. Copies obtained from other sources besides the one mentioned above are not covered under warranty or protection from the owner of the product.

By using the service, you agree that these terms will become legally binding between you and the Simpencil contracting entity collectively called as “Simpencil”.

These terms of use (“Terms”) apply to you (“You” or “Your”) use of MIX3D Studio (the Authoring Tool) and MIX3D Viewer (The Streaming Application you download from MIX3Dreality.com)

For the purposes of these terms, a child is a person under the age of 18 (or with the minimum age of consent for processing personal data in the country where the child resides). Children may not access or use the services of MIX3D Studio and MIX3D Viewer unless their use is directly authorized by a parent, guardian or teacher who agrees to be bound by the terms.

Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for Business and Personal use (if permitted by your Organization / Employer). Simpencil reserves all the rights not expressly granted under these terms. Each user of MIX3D Studio and MIX3D Viewer must have a unique account and you are responsible for any activity conducted on your account. You may not allow any other party to access or use the service with your unique username, password, or security code.

Your use of the service, your User Content, and your content (aka Experiences) must comply with the Acceptable Use Policy. Simpencil does not support and will not tolerate its service being used to discriminate against others, especially when based on race, sex, sexual orientation, age, disability, ancestry, political views, or nationality. You are not permitted to use the service in a manner which would incite, promote, or support such discrimination and you must not use the service to incite or promote hostility or violence.

You shall not yourself or through any third party (1) rent, lease, sell, distribute, sub-license, or otherwise make available the service or the licensed content to any third party (except as permitted under the terms) (2) Copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the service, or any part thereof (3) Access the service for purposes of benchmarking (4) Access the service for purposes of building or marketing a competitive product (5) Use the service to store or transmit a virus or malicious code (6) use a virtual private network to circumvent geographic based pricing or content access (7) Use the service to transmit unsolicited emails or engage in spamming (8) Use the service for data mining, extraction or scrapping on the service and/or the contents available therein for machine learning or other purposes; or (9) Bypass the measures we may use to prevent or restrict access to the service, including without limitation features that prevent or restrict use of copying of any content or enforce limitations on use of service or licensed content.

Simpencil’s privacy policy describes how Simpencil collects, uses, transfers, discloses, and stores your personal (or Organization’s) data. By creating a Enterprise account, you confirm that you have read and understood and agree to our Data Processing Policies in full. In case of any conflict between the terms and the data processing policies, the latest data processing policy shall prevail.

Simpencil implements and maintains physical, technical and administrative security measures to protect your information from unauthorized access, destruction, use, modification or disclosure.

You may publish or share your content with others within the service, via a third-party service, or via a link. Simpencil maintains no responsibility in relation to such sharing of experiences and Simpencil’s enablement of such activity or the service’s performance of actions to publicly share experiences/ content at your instruction shall not be considered a violation of any of Simpencil’s obligations under these terms.

There are numerous ways to share your work with the world, you are responsible for whom you share it with and how you do it.

You can use the MIX3D Studio Publishing service to render on devices with whom Simpencil has a syndication. Some devices may be available in certain geographies. These are beyond our control and we urge you to check device availability in your location before creating your content (experiences) and rendering the same. Unfortunately, we will not be able to refund for errors committed by you in case of rendering or geo-specific restrictions placed by the device manufacturers in your geographic area.

You can create MIX3D Studio Accounts for users using the Admin account, which will help you collaborate with others and produce content quickly. The creator of the MIX3D Studio Accounts is the “Administrator” . Each team will have one or more administrators (each, an administrator) by the Owner of the subscription or another administrator. Owner of the subscription or administrator can add, modify, and remove people from the MIX3D Studio subscription as well as manage permissions and access to user features. If you add a person to a Team, you represent and warrant that you or your organization have obtained all necessary consents from that person to be added. If you enable account management services which allow you to manage the Teams and Users using MIX3D Studio or MIX3D Viewer at your organization, you represent and warrant that you are authorized to do so on behalf of your Team and/or organization.

If you are a part of the MIX3D Studio or MIX3D Viewer access group, the administrator may control access to, delete, or re-assign ownership to the User Content you upload and the Experiences you create on the account you access as a part of the MIX3D Studio or MIX3D Viewer access group.

It is your responsibility to not upload User Content or create Experiences on an account associated with an Organization if you do not want to potentially transfer ownership or disclose such User Content or Experiences to others on the Organization Account. If you are on an Organization Account, make sure you’re aware of the privacy and publishing settings set forth by the administrator. Please upload content and experiences you are comfortable sharing with the organization. Administrators can transfer content or experiences created by you to another MIX3D Studio Account without your consent. Keep your personal content and experiences to yourself in your own account which you control.

Simpencil offers MIX3D Studio in Business & Enterprise versions. The Business version is available to MIX3D Accelerator Partners, who are training and consulting firms at a preferred rate which is not extended to Enterprises. Enterprises (or Organizations) can purchase subscriptions from our MIX3D Accelerator Partners only. This arrangement is made to ensure the Enterprise receives Support and Content Creation Support from our authorized Partners (MIX3D Accelerator Partners in this case).

Except as expressly set out in these terms, all intellectual property rights in and to the service and licensed content remain the sole property of Simpencil Private Limited and its successors. Simpencil owns all content, data, software, inventions, ideas and other technologies and intellectual property it develops in connection with the Service and its products.

If you share feedback or ideas with us to improve MIX3D Studio or MIX3D Viewer, you are letting us use that information to improve MIX3D Studio and MIX3D Viewer, and we own any of those improvements we make.

The Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, Simpencil, its licensors, and its suppliers, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Simpencil does not warrant that your use of the Service will be uninterrupted or error-free. Simpencil does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Service necessarily involves transmission of your data over networks that Simpencil does not own, operate, or control, and that Simpencil is not responsible for any of your data lost, altered, intercepted or stored across such networks. Simpencil will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside Simpencil’s reasonable control.