POLIIGON PTY LTD END-USER LICENSE AGREEMENT FOR POLIIGON

Last Updated: 6th October 2026

Poliigon is a subscription-based website offering a library of textures, models and HDRIs for digital artists for their projects, together with the Poliigon Software, which lets you browse and import Poliigon assets and other files on your device (the “Service”). This website, www.poliigon.com, is owned and operated by Poliigon Pty Ltd ACN 601 323 166 (“Poliigon”). This End-User License Agreement (this “Agreement”, “EULA”, “License”) applies to all users of the Service (collectively or individually, “You”, “Users”, “Customer”).

By signing up for a Poliigon Account or by using any Poliigon Services, or by downloading, installing or using any Poliigon Software, you acknowledge that you have read, understood, agree with, and accept all of the terms and conditions contained or expressly referenced in this agreement, including Poliigon’s Privacy Policy . If you do not agree to all of the terms and conditions of this agreement, then please do not attempt to use the Service.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.

1. ACCEPTANCE

1.1This Agreement is a legal agreement between You and Poliigon, and governs your use of the Service and related products and services provided to You by Poliigon. The purpose of this Agreement and the License is to allow You to download Poliigon Assets while this Agreement is in force on the terms and conditions stated in this Agreement, to use them in products you make for personal or commercial use (“Customer Creations”), as applicable under Your License. This EULA is made effective beginning on the earliest of the date on which you first accept this EULA, access or otherwise use the Service (the “Start Date”).

1.2 In this Agreement:

(a) “Poliigon Software” means Polydex, the Poliigon Blender Addon, SketchUp Extension, 3ds Max Plugin, Cinema 4D Plugin and Maya Converter, and any other software Poliigon provides for download, including updates.

(b) “Polydex” means Poliigon’s desktop asset browser, offered as Polydex Core (free) and Polydex Pro (paid).

(c) “Your Files” means files on your device or storage that you point the Poliigon Software at, other than Poliigon Assets and Generated Assets. This includes assets you got from other vendors.

(d) “Generated Assets” means anything you make with Create (see Schedule A).

(e) “Create” means Poliigon’s AI tool for generating assets, available in Polydex and on the Poliigon website.

1.3 Schedules A to C at the end of this Agreement add terms for specific features of the Service. Each Schedule applies when you use that feature and forms part of this Agreement. If a Schedule conflicts with the rest of this Agreement, the Schedule applies for that feature.

2. ACCOUNTS

2.1To use the Service, you must either:

register an account via Poliigon’s website; or
access the Service and provide required user information.

2.2The number of people who are permitted to use the Service (“Permitted Users”) will be determined according to the type of license You have. For clarity, only Permitted Users may access the Services. If you require multiple people to access or use directly or indirectly Poliigon Assets (defined in clause 5.1 below) you will need to ensure all such people are a registered as a Permitted User and you should also select the type of License with the appropriate number of Permitted Users for your needs.

2.3 You may delete your account at any time. Just log in to your account, browse to My Account > My Details, scroll to the bottom of the page and click Delete Account.

2.4 Permitted Users must not share their account with any other person, and must not allow any other person to access their account, except as clauses 6.3 and 6.4 allow.

2.5 You must be at least 13 years old to use the Service. If you are under 18, you may only use the Service with a parent or guardian who agrees to these terms for you.

3. REGISTRATION

3.1When you register an account, Poliigon may save additional data as outlined in the Poliigon Privacy Policy . You acknowledge and agree that You will:

provide true, accurate, current, and complete information as requested when registering an account; and
maintain and update this registration information to keep it true, accurate, current, and complete.

3.2 You are solely responsible for maintaining the confidentiality of your account and for restricting access to any computer, smart phone, tablet or other device that You use for accessing the Service and You hereby accept sole responsibility for all activities that occur under your account. Tell us straight away if you think someone else has accessed your account.

3.3 Poliigon and its affiliates reserve the right to refuse the Service, terminate accounts, remove or edit content and delete assets or cancel orders in their sole discretion if you provide registration information which is false, inaccurate, not current, or incomplete.

3.4Poliigon may share your registration information with its partners, affiliates, and third parties to handle and deliver certain online activities necessary to operate Poliigon’s businesses (e.g., process orders and payments etc.). For more information see the Poliigon Privacy Policy .

4. INTERNET ACCESS

A high-speed Internet connection is required for proper transmission of and access to the Service. You are responsible for procuring and maintaining the network connections that connect Your network to the Service. We are not responsible for notifying You of any upgrades, fixes or enhancements to any software or for any compromise of data, including Your Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by Poliigon or our partners. We assume no responsibility for the reliability or performance of any connections as described in this section.

5. THE SERVICE

5.1The Service comprises a library of textures, Generators (including all possible files exported) Substance Designer files, HDRIs and models (“Poliigon Assets”), and the Poliigon Software.

Payment of the applicable fees entitles You to use the Service, access Poliigon Assets with Downloads acquired through the Website according to the terms of Your License and add Poliigon Assets into Your Customer Creations. You or any third party is strictly prohibited from using Poliigon Assets or Customer Creations in any other products or services or develop products and services that competes with Poliigon’s products and services.

5.2 We reserve the right to remove Poliigon Assets from the Services at any time.

5.3 Only a Permitted User may handle or otherwise make use of Poliigon Assets within the Services.

5.4 Some features may be labelled beta, preview or experimental, and we may run experiments that show different users different versions of the Service. These features may change, be limited or be removed at any time.

5.5 We may pause the Service for maintenance or updates. We are not responsible for outages caused by events outside our reasonable control. If we close a feature that stores your files, we will give you time to download them.

6. TYPES OF LICENSES

6.1 Free License

The Free License allows commercial and non-commercial use of a limited selection of Poliigon Assets by individuals or businesses at no charge.

We may modify or terminate your right to use the Free License at any time and for any reason in our sole discretion, without liability to you. You are required to comply with the terms and conditions of this License. To the maximum extent permitted by law, we disclaim all obligations or liabilities with respect to the Free License, including any support, warranty and indemnity obligations.

6.2 Commercial License (Individual)

The Individual License is for an individual doing commercial or non-commercial work who is not working at an business with more than one person.

6.3 Commercial License (Business)

The Business License (previously Team License) is for teams, studios and businesses working on commercial projects.

This license is restricted to use by a single registered business. It may not be shared across multiple entities within a corporate group or used by any business other than the one specifically registered for this license. Individual contractors working directly for the business on its projects are covered. Outsourced studios and other companies working on the business’s projects are not. They need their own license, or the business needs an Enterprise License. On a Business Unlimited plan, every employee of the business, and every contractor working directly for it on its projects, may use the license and share the account.

6.4 Enterprise License

The Enterprise License is for businesses working on commercial projects who may require additional payment options, custom subscription duration, changes to Terms & Conditions, or other customizations. An Enterprise License also covers outsourced studios and other companies while they work on the licensed business’s projects. They must not use Poliigon Assets for their own projects or for other clients. On an Enterprise Unlimited plan, every employee of the business, and every contractor working directly for it on its projects, may use the license and share the account. An Enterprise License covers one registered legal entity. You can apply for an Enterprise License that also covers related entities, such as a subsidiary in another country. There is no limit on the number of the business’s projects or outsourced studios. Enterprise Licenses can be paid by card, bank transfer, or invoice with a purchase order number. This Agreement governs an Enterprise License unless we agree a separate written contract.

Contact

If you have questions regarding which license you qualify for, please contact Poliigon at support@poliigon.com.

6.5 Suspension of Account

If Poliigon in its sole discretion deems that You are misusing Your license it may shut down access to the Service effective immediately and terminate this Agreement. Any prohibited use of the Service will result in termination of this Agreement and the License and an obligation for You to compensate Poliigon for any and all losses and damages which it incurs.

6.6 Polydex

(a) Polydex Core is free. We may change or stop offering Polydex Core, or any of its features, at any time without liability to you.

(b) Polydex Pro is a paid subscription that adds features to Polydex Core. It is included at no extra cost with Unlimited plans while that plan is active.

7. FEES AND DOWNLOADS

7.1 The Service is offered as a subscription and non-subscription based service. You can subscribe to the Service:

on an annual or monthly basis for Individual and Business Licenses;
on an annual basis for an Enterprise License.
on an annual or monthly basis for Polydex Pro.

7.2The fees for any part of the Service, including subscriptions, Polydex Pro, AI credits and other paid features, are stated in the Service, on our Website, or otherwise notified to you in writing (“Fees”). Payment of the Fees gives you the parts of the Service your plan includes, such as Downloads, AI credits or Polydex Pro features. Downloads can be used to access Poliigon Assets available in the Poliigon Library and develop Customer Creations for use in Your Product. When you open an account you authorise Poliigon or its partners to charge your credit card, or use other forms of payment methods accepted by Poliigon, for the Fees in accordance with the payment terms (as may be amended by Poliigon or its partners from time to time).

7.3Poliigon Downloads have no monetary value and do not constitute currency or property of any type. Poliigon Downloads may be redeemed for Poliigon Assets only. Poliigon Downloads cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for the Poliigon Assets. Poliigon Downloads are non-refundable. You are not entitled to a refund for any unused Poliigon Downloads.

7.4 Once you have redeemed Poliigon Downloads for Poliigon Assets, those Assets are not returnable, exchangeable, or refundable for Poliigon Downloads or for cash, or other goods or services.

7.5 Poliigon and its partners may change the Fees, the cost of Downloads or AI credits, how many are included in a plan, which features a plan includes, the payment terms, and how Downloads and AI credits work, at any time. These changes do not affect anything you have already paid for. If a change affects the price of your subscription, we will tell you before it applies at your next renewal.

7.6 All Fees are payable in advance and are not refundable in whole or in part, unless stated otherwise by Poliigon in writing or otherwise in accordance with this Agreement.

7.7 Unlimited plans are governed by a Fair Use Policy to promote equitable and responsible usage. Excessive use, such as attempts to mirror significant portions of the Poliigon library or employing automated scripts or bots, is strictly prohibited. If a pattern of excessive downloading is detected, we will notify you and new downloads may be restricted for up to 7 days, and continued excessive use may result in the suspension or termination of account access without notice or refund. Users are permitted to download assets for immediate use in production and may store them locally for reuse, but re-downloading after the subscription ends or any attempt to bypass these conditions is prohibited. For questions or concerns, users should contact support at support@poliigon.com.

7.8 AI credits work the same way as Downloads. They have no monetary value, cannot be sold, transferred or exchanged for cash, are non-refundable, and expire in the same way as unused Downloads.

7.9 Subscriptions renew automatically at the end of each monthly or annual term, and we charge your payment method on file on the renewal date, unless you cancel before then as set out in clause 20.1.

7.10 If you upgrade your plan, the upgrade applies straight away and we charge the pro rata difference for the rest of your current term. If you downgrade or cancel, the change applies on your next renewal date, and you keep your current plan until then.

7.11 We charge GST or VAT on Fees where we are required to, including for customers in the European Union, the United Kingdom and Australia.

8. ACCESS

In consideration of the payment of the applicable Fees and subject to your compliance with these terms, Poliigon shall provide You with access to the Service and enable You to access and use the Service. If Poliigon is unable to process any applicable payment at any time, your access to the Service may be suspended or terminated at Poliigon’s discretion.

9. GRANT OF LICENSE

9.1 Subject to the terms of this Agreement and your continued compliance with the applicable Individual, Business or Enterprise License, Poliigon grants You a limited, non-exclusive, revocable license that is non-sublicensable and non-transferable to access and use the Service, and to download Poliigon Assets and use them in your Customer Creations.

9.2 Software license. Subject to this Agreement, Poliigon grants you a limited, non-exclusive, revocable, non-transferable and non-sublicensable license to install and use the Poliigon Software on devices you own or control, for your own use or for use by your Permitted Users.

9.3 Updates. We may release updates to the Poliigon Software. Some features may stop working until you install the latest update. New major versions or new products may need a separate license. This Agreement applies to all updates, unless an update comes with its own terms.

9.4 This license gives you no right to the source code of the Poliigon Software. Some parts of the Poliigon Software are open-source software. Those parts are covered by their own licenses. Nothing in this Agreement limits your rights under those licenses.

10. NO RIGHT TO CREATE AND SELL POLIIGON AND CUSTOMER CREATIONS ON STAND ALONE BASIS

You may only use Poliigon Assets as part of your own Customer Creations, such as images, animations, films or video games. You must not sell, license or otherwise provide access to Poliigon Assets (modified or in original format) to third parties on a stand-alone or re-distributed manner which is the same or similar to that provided by Poliigon under this Agreement. This includes but is not limited to design software and games or any other service where the users of the services (a) have direct or indirect access to the files of Poliigon Assets or (b) where the players or users of that software or game are using Poliigon Assets to design rooms, architectural buildings or levels. Any breach or attempted circumvention of this clause may result in immediate termination of this Agreement and/or access to the Service permanently suspended.

If you’re unsure if your use case is permitted or you would like to license Poliigon assets for any of the use cases above please contact us at support@poliigon.com.

11. POLIIGON ASSETS AND AI

11.1 You must not use Poliigon Assets, including Generated Assets, to create, train, test or improve any AI or machine learning system, or let anyone else do so, unless you have a separate written agreement with Poliigon that allows it, such as an Enterprise License. You can apply at https://www.poliigon.com/ai.

11.2 Clause 11.1 does not apply to tools Poliigon provides within the Service. You may use Poliigon Assets with those tools as the tools allow.

11.3 Any breach or attempted circumvention of this section 11 or Schedule A may result in immediate termination of this Agreement and/or access to the Service permanently suspended.

12. UPLOADS

12.1 “Uploads” means images, prompts and other material you upload or submit to the Service, for example to online reverse image search, Create or cloud sync.

12.2 You must own your Uploads or have permission to use them. Your Uploads must not infringe anyone’s copyright, trademark, privacy or other rights. This includes assets from other vendors, unless their license allows you to upload them.

12.3 Your Uploads must not:

(a) be illegal;

(b) sexualise minors in any way;

(d) promote violence, hatred or discrimination;

(e) show a real person, anything else that identifies a person, or impersonate anyone; or

(f) contain someone else’s trademark or logo, unless you have permission to use it.

12.4 Poliigon may check, block or remove any Upload, and may suspend your account if you break this section. We may report illegal content to the authorities.

12.5 Each Schedule at the end of this Agreement sets out the license you give Poliigon for Uploads to that feature.

13. ABUSE

Harassment in any manner or form towards Poliigon employees, including via e-mail, chat, social media, or by use of obscene or abusive language, is strictly forbidden and will result in termination of this Agreement and the License and an obligation for You to compensate Poliigon for any and all losses and damages which it incurs.

14. CONSENT TO USE OF DATA

14.1You agree that Poliigon may collect and use technical information and data gathered as part of the support services provided to You. For more information see the Poliigon Privacy Policy .

14.2 By registering for and using the Service, You grant Poliigon the right to use You or Your company’s name and logo for marketing and promotional purposes. This includes but is not limited to, featuring Your name/logo on the Poliigon website, in press releases, case studies, and other promotional materials. Such use shall be in accordance with any brand guidelines that You provide, if applicable. You may withdraw this permission at any time by providing written notice to Poliigon.

14.3If you opt in, the Poliigon Software sends us usage data and crash reports. This covers actions in the app, asset types and file extensions, asset sizes, error reports, and crash details including your operating system name and version. We automatically remove file names and folder paths from error reports before they leave your device, but this may not catch all of them. Error reports never include file contents. You can turn this off at any time in the Software settings. See the Poliigon Privacy Policy for details.

15. INTELLECTUAL PROPERTY RIGHTS

Poliigon owns all right, title, copyright, and other intellectual property rights and interest, including but not limited to all trademarks, service marks, and trade names in the Service, software, material, any documentation and any copies thereof and retains all such rights and any other products and services. Except as expressly granted in this EULA; no license, right or interest in any patent, trademark, copyright, trade name or service mark is granted to You. The Service and the Poliigon Software are licensed, not sold.

15.1 You agree not to assert against Poliigon any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.

15.2 Poliigon has indicated in the title of some Poliigon assets that they are representations of real-world objects (“Replicas”). Replicas are indicated through the asset name including the word replica. Poliigon owns the model itself, but it is possible that another group may claim ownership of the subject matter depicted. While we have not received any notices from another group that they disallow commercial uses, Poliigon notifies you that additional legal clearances may be required for some uses of these models.

15.3You are not required to provide any ideas, feedback or suggestions regarding the Service or any of Poliigon’s products or services (collectively, “Feedback”) to Poliigon. To the extent you do provide any Feedback to Poliigon, you agree to assign and hereby do assign all right, title and interest in and to such Feedback to Poliigon and acknowledge that Poliigon may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you.

16. USER INTELLECTUAL PROPERTY

16.1 As between you and Poliigon, you own your Customer Creations, except for any Poliigon Assets in them. Poliigon Assets include Generated Assets made using a Poliigon Asset (see clause A.2(b)). Poliigon does not grant you title or ownership in Poliigon Assets. You may only use them as your License allows, including when they are part of a Customer Creation. You do not need to credit Poliigon in your Customer Creations.

16.2 Apart from any Poliigon Assets they contain, Poliigon claims no rights in Your Files.

16.3 Polydex reads Your Files on your device to find, group and show them. The contents of Your Files are not uploaded to Poliigon, unless you turn on a feature that says it uploads them (for example, cloud sync or online reverse image search).

16.4 You are responsible for having the right to use Your Files. Polydex showing or importing a file does not give you a license to it. Assets from other vendors stay under those vendors’ terms.

16.5 Poliigon is not responsible for Your Files, their content, or any third-party website or asset you reach through the Poliigon Software.

17. LICENSE RESTRICTIONS

17.1 You agree to abide by all applicable laws and regulations in using the Service.

17.2 You agree not to:

attempt to reverse engineer, decompile, translate, or disassemble the Service or related software or materials;
rent, lease, or transfer the Service, or related software or materials;
disclose the results of any performance benchmarks of the Service or related software or materials to any third party without Poliigon’s prior written consent;
use the Service for any illegal purpose;
use the Service in any manner which violates the rights of a third party, including without limitation intellectual property rights;
test or probe the security of the Service;
upload malware to the Service;
impersonate anyone;
use the Service in any manner that breaches the EULA; or
take any action that imposes an unreasonable or disproportionately large load on the Service, System or servers etc.

17.3 You may not without specific prior written consent from Poliigon:

use your own or third-party software to modify any content appearing within the Service or its environment or change how the Service is used;
or
use the Service or any information accessible through the System, to bypass the System login architecture or create or provide any other means through which the System may be accessed and/or the Services may be used by others.

18. APIs

You explicitly acknowledge and agree that You shall not, under any circumstances, use the Application Programming Interface on the Poliigon website (API), whether for commercial or non-commercial purposes, without obtaining the explicit, prior written consent from Poliigon. Any unauthorised use, reproduction, or dissemination of the API constitutes a breach of this agreement by You.

19. ELECTRONIC COMMUNICATIONS

You consent to receiving communications necessary to provide the Service to You from us electronically. We will communicate with You by email or by posting notices in the Service, or by showing notices in the Poliigon Software. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

20. TERMS AND TERMINATION

20.1The term of this EULA and the license granted herein shall begin on the Start Date and be ongoing until terminated. You can terminate your license at any time and your license, unused Poliigon Downloads and payment obligations will expire at the end of the current term. You can terminate your license by registering such termination on Poliigon’s webpage, www.poliigon.com. Poliigon may terminate this Agreement and your license at any time with 30 days notice and provide you with a pro rata refund if you have any time remaining on your subscription. Termination of the EULA will result in your account being deactivated, your Poliigon License being deactivated and any unused Poliigon Downloads expired.

20.2 Notwithstanding anything to the contrary herein, this EULA shall terminate upon breach of any term or provision of this EULA, which You have not cured within 10 days of notice of the breach by Poliigon.

20.3 Upon expiration or termination of this agreement you shall immediately cease use of the Service and delete all copies of the Poliigon Software.

20.4 If Poliigon terminates the Service for your breach, you will not receive a refund of prepaid Fees.

20.5 Ending your subscription or this Agreement does not affect your Customer Creations, or Generated Assets you own under clause A.2(a). You can keep using Poliigon Assets you downloaded, including Generated Assets under clause A.2(b), in new and existing projects, under the License that applied when you downloaded them. Under clause 7.7, you cannot download them again after an Unlimited plan ends. This clause does not apply if Poliigon ends this Agreement because you breached it.

21. CONFIDENTIALITY

You acknowledge that Service, related materials and any documentation etc., contains confidential and proprietary information. You agree to maintain the confidentiality of the Service and related materials and documentation during the term of this EULA, and for a period of 5 years after termination of this EULA. You agree to take commercially reasonable steps to ensure that confidential information is not disclosed or distributed by You.

22. DISCLAIMER OF WARRANTY

Poliigon will use reasonable efforts to provide You with a service that is fast, reliable and enjoyable. However, Poliigon makes no representation or warranty as to the completeness or accuracy of the Service or information contained therein, nor does it represent or warrant that the Service will be available at all times or that it will function in a manner or as fast or efficient as You may expect or desire. The information contained in the Service may be incomplete, may contain errors, or become out of date at any time. The Service is provided on an “as is” basis without any express warranties.
Poliigon shall have no obligation to correct errors in, provide updates for or otherwise support the service. Poliigon reserves the right to add, modify, or delete its services at any time. You bear the risk of using it. Poliigon does not give any express or statutory representations, warranties, guarantees or conditions. Poliigon also excludes all implied warranties, including any warranty of merchantability, title, durability, fitness for a particular purpose and non-infringement etc. Nothing in this agreement shall affect those statutory rights which you may be entitled to as a consumer and that you cannot contractually agree to alter or waive. The limitations and exclusions of liability do not apply if and to the extent you sustain damages which were caused by gross negligence or willful misconduct of Poliigon. The Poliigon Software may not work with every operating system, 3D application or file type. Some features can move, copy, rename or delete files on your device when you tell them to. You are responsible for backing up Your Files, even if you use cloud sync.

23. LIMITATION OF LIABILITY AND REMEDIES

23.1 Under no circumstances including negligence (unless otherwise required by applicable law), shall Poliigon (including breach of any warranty hereunder) be liable for any direct, indirect, punitive, special, incidental, or consequential damages that result from your use of Poliigon or related documentation or in connection with or arising out of or relating to this Agreement (including loss of business, revenue, profits, use, data, or other economic advantage), even if any exclusive remedy provided for in this Agreement fails of its essential purpose and even if Poliigon or a Poliigon authorized representative has been advised of the possibility of such damages.

23.2 Notwithstanding any damages that You might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Poliigon and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder shall be limited to the actual damages You incur in reasonable reliance on Poliigon up to the amount actually paid by You for the service. In no event shall Poliigon’s aggregate liability for all incidents during the term of the Agreement exceed the aggregate amount actually paid by You for the service. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. Nothing in this Agreement excludes rights you have under the Australian Consumer Law that cannot be excluded. Where the law allows, our liability for breaching those rights is limited to supplying the service again or paying the cost of doing so.

23.3 In order to be entitled to any indemnification or compensation from Poliigon, subject to clause 24, You must:

promptly notify Poliigon in writing of the claims (whether or not litigation or other proceeding has been filed or served);
give Poliigon, at Poliigon’s option and expense, sole control over the defence and/or settlement of the claims; and
at your own expense, You shall cooperate with Poliigon in all reasonable aspects in connection with the defence of any such claim.

Poliigon shall have no liability to You in the event that You have failed to comply with the terms of this Agreement.

24. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Poliigon, its parents and affiliates, partners, and their respective employees, contractors, officers, and directors, against third-party claims, and related liability and costs including reasonable legal fees, arising from: (a) your breach of this Agreement; (b) your Uploads; or (c) how you use Generated Assets or your Customer Creations. You agree that Poliigon may seek and shall be entitled to injunctive, equitable, or other similar relief to protect, maintain, defend, enforce, and preserve such rights, in addition to any other available remedies without the necessity of posting a bond.

25. ARBITRATION

Any dispute or claim arising out of or in connection with this Agreement, including (without limitation) any question regarding the existence, validity, breach or termination of this Agreement must first be the subject of arbitration, administered by the Australian Commercial Disputes Centre Limited (ACDC). The arbitration must be conducted and held in accordance with and subject to the laws of Queensland, and may be held either in Brisbane, Australia or via video conferencing, as agreed between the parties.

26. CLAIMS

You and Poliigon agree that any cause of action arising out of or related to this agreement or the Service must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

27. GOVERNING LAW

This Agreement is governed by the state laws of Queensland, and the federal laws of Australia. To the extent permitted by law, the state and federal courts of Queensland and Australia will be the exclusive jurisdiction for disputes arising out of or in connection with this Agreement. If you are a consumer, clauses 25 to 27 do not remove any right the law in your country gives you, including the right to bring a claim there.

28. MODIFICATION

Poliigon reserves the right, at its discretion, to update or revise the EULA at any time. Poliigon will post such changes in its Poliigon Service, and/or its Website, and/or the Poliigon Software, and/or communicate such changes via email or otherwise communicate such terms to you in a suitable manner decided by Poliigon and these additional or revised terms will become part of the EULA on the date we give. We will tell you about significant changes before they take effect. If you do not agree, you can stop using the Service and cancel. Please check the Poliigon Service, the EULA or the Website periodically for changes. Your continued use of Poliigon constitutes your binding acceptance of the EULA, including any changes or modifications made by Poliigon as permitted above.

29. WAIVER

A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

30. SEVERABILITY

If any provision of this Agreement is invalid then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any other part or provision of this Agreement.

31. ASSIGNMENT

You shall not, without the prior written consent of Poliigon, assign, transfer, or license or deal in any other manner with all or any of Your rights or obligations under this EULA. Poliigon may at any time assign, transfer, subcontract or deal in any other manner with all or any of its rights or obligations under this EULA without notice to You.

32. NO PARTNERSHIP

This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between Poliigon and You. Neither party shall have any right bind the other party in any manner whatsoever, and nothing in this Agreement gives any rights of any kind to any third persons.

33. ENTIRE AGREEMENT

This EULA constitutes the entire agreement between the parties with respect to this specific subject matter hereof and shall not be modified except as provided in this Agreement. This Agreement is written in English. Translations are provided for convenience only. If a translation differs from the English version, the English version applies, unless the law where you live requires otherwise.

SCHEDULE A: CREATE

A.1 This Schedule applies when you use Create.

A.2 (a) If you made a Generated Asset only from your own Uploads and prompts, Poliigon does not claim ownership of it. To the extent Poliigon has any rights in it, we transfer them to you.

(b) If a Poliigon Asset was used in any way to make a Generated Asset, for example as an input, reference or starting point, that Generated Asset is a Poliigon Asset, even if you also used your own Uploads. Poliigon keeps all rights in it, and you may only use it as your License allows.

(c) You give Poliigon the license in clause A.10 for all Generated Assets, so we can store, show and deliver them to you.

(d) You must not use any Generated Asset, or let anyone else use it, to train, build or improve an AI model.

A.3 Generated Assets may look like other assets, including Generated Assets made for other users. We may make similar Generated Assets for other users, and theirs are not yours. Poliigon does not promise that Generated Assets are unique or original, or that they do not infringe anyone’s rights. Check a Generated Asset before you use it, especially in commercial work.

A.4 You must not use Create to make anything that clause 12.3 would not allow in an Upload.

A.5 You must be 18 or older to use Create.

A.6 When you use Create, you must also follow the fal Acceptable Use Policy (fal.ai/legal/acceptable-use-policy), the Google Generative AI Prohibited Use Policy (policies.google.com/terms/generative-ai/use-policy) and the OpenAI Usage Policies (openai.com/policies/usage-policies).

A.7 You must not try to get around safety filters or limits in Create, or copy, extract or reverse engineer the models behind it.

A.8 You must not use Create or Generated Assets to build a competing product or service.

A.9 You must not use Generated Assets to pretend to be someone else, or claim one was made entirely by a person in order to mislead.

A.10 For Uploads to Create, you give Poliigon a non-exclusive, worldwide, royalty-free license to store and use them to provide and improve the Service.

A.11 Clause 11.3 applies to any breach of this Schedule.

SCHEDULE B: ONLINE REVERSE IMAGE SEARCH

B.1 Online reverse image search lets you upload an image to find matching Poliigon Assets. This Schedule applies when you use it. Reverse image searches that only look at Your Files upload nothing, and this Schedule does not apply to them.

B.2 For Uploads to online reverse image search, you give Poliigon a non-exclusive, worldwide, royalty-free license to store and use them to provide and improve the Service.

SCHEDULE C: CLOUD SYNC

C.1 Cloud sync is a Polydex Pro feature that stores Your Files and Poliigon Assets you have downloaded online and syncs them between your devices. This Schedule applies when cloud sync is available and you turn it on.

C.2 For files you sync, you give Poliigon permission only to store them, sync them to your devices, and act under section 12.

C.3 When your Polydex Pro subscription ends, sync stops. We keep your synced files for 30 days so you can download them, then delete them. Files on your devices are not affected.

C.4 Clauses 12.3(c) to (f) do not apply to files you sync.