MAKEROAD Paid 3D Model Commercial License User Agreement
Effective Terms
This Notice constitutes a prerequisite agreement applicable to users who purchase paid 3D models (hereinafter referred to as the “Model(s)”) on the MAKEROAD platform (hereinafter referred to as the “Platform”).
By completing payment for and downloading a Model, the user shall be deemed to have voluntarily acknowledged, accepted, and agreed to comply with all terms of this Notice.
This Notice applies only to commercial licenses for individually purchased paid Models on the Platform. Rules governing the use of free Models shall be subject to the separately published MAKEROAD User Service Agreement.
Article 1 Definitions and Interpretation
1.1
For purposes of this Notice, the following terms shall have the meanings set forth below:
(1) “Model” means the three-dimensional digital files purchased by a user on the Platform, including STL, 3MF, or other digital formats, as well as the corresponding physical products produced through 3D printing based on such files.
(2) “Designer” means the natural person, legal entity, or other organization that uploads and publishes a Model on the Platform and owns the copyright in such Model.
(3) “Platform” means the MAKEROAD platform and its affiliated websites, applications, mini-programs, and other online service portals used for transaction display and related services.
(4) “User” means any natural person, legal entity, or other organization that completes payment for and downloads a Model.
(5) “Commercial Use” means any use of a Model or any physical product produced from a Model for profit-making purposes, including but not limited to sale, rental, lending, display, advertising, and promotional use.
(6) “Large-Scale Production” means the cumulative production of more than 500 physical 3D-printed products based on a single Model.
(7) “Brand Commercial Use” means use of the design elements of a Model for corporate branding purposes, including but not limited to brand logos, key product visuals, commercial advertising, marketing campaigns, brand collaborations, corporate IP derivatives, or other brand promotional activities.
1.2
For purposes of this Notice, the terms “at least,” “up to,” and “within” shall include the stated number, while “less than,” “more than,” and “outside” shall exclude the stated number.
1.3
The headings of the provisions in this Notice are for convenience of reference only and shall not affect the interpretation of any provision.
Article 2 Ownership and Intellectual Property
2.1
All copyrights, intellectual property rights, digital rights, and related rights and interests in paid 3D Models shall remain the exclusive property of the Designer.
By making payment, the User acquires only the limited, non-exclusive, non-transferable, and non-sublicensable commercial license expressly granted under this Notice. The User does not acquire ownership of the digital Model files or any intellectual property rights therein.
2.2
Any rights not expressly granted to the User under this Notice are reserved by the Designer.
Without the Designer’s prior written consent, the User shall not exercise any right that is not expressly granted under this Notice.
2.3
The Platform acts solely as a transaction display and service provider and is neither the copyright owner nor the licensor of the Model.
The rights and obligations between the Platform and the Designer shall be governed by separate agreements between those parties and shall not affect the User.
Article 3 Scope of Permitted Commercial Use
3.1
The commercial license for the Model is intended for individual creators, small and medium-sized sellers, and 3D printing professionals engaging in ordinary commercial activities.
Subject to full compliance with this Notice, the User is granted the following rights:
(1) Sale of Physical Printed Products:
The User may 3D print the purchased Model, produce physical products, and sell such products through any sales channel. The cumulative production quantity for each individual Model shall not exceed 500 units. If this limit is exceeded, the User must obtain separate written permission from the Designer.
(2) Use of Multiple 3D Printers:
The User may use multiple 3D printers simultaneously for commercial production, including routine order fulfillment, inventory preparation, and similar business activities.
(3) Sales Through Multiple Channels:
There is no restriction on permitted sales channels for physical printed products. Such channels may include online stores, social commerce stores, physical retail stores, markets and exhibitions, custom private orders, and small-batch corporate customization orders.
(4) Basic Production Adjustments:
The User may make ordinary production-related adjustments to the Model, including resizing, adjusting slicing and printing parameters, changing printing materials, custom painting, sanding, and finishing, provided that such adjustments do not alter the Model’s core design structure or expression.
Article 4 Absolute Prohibition on Distribution of Digital Files
4.1
All STL, 3MF, and other digital source files corresponding to paid Models are strictly prohibited from being distributed, transferred, or misused in any form.
In the event of a violation, the Platform may terminate the User’s license and suspend or ban the User’s account, and the Designer may pursue legal remedies and compensation in accordance with applicable law.
The following activities are strictly prohibited:
(1) Reselling, sharing, lending, distributing via cloud storage, publicly uploading, or otherwise providing any original digital Model file to any third party;
(2) Including the Model in any asset library, digital bundle, membership resource package, or similar collection for sale or free distribution;
(3) Sharing or distributing any modified, derivative, or minimally altered version of the digital Model file;
(4) Licensing the Model file to any third party, sharing accounts for use by multiple persons, or commercially renting or sublicensing the Model;
(5) Reverse engineering, decompiling, disassembling, or attempting to extract source code or other underlying source elements from the digital Model file.
Article 5 Restrictions on Manufacturing and Production Methods
5.1
This standard commercial license covers production by 3D printing (additive manufacturing) only.
The following special industrial manufacturing methods and large-scale production scenarios are not included in this license and require separate prior written permission from the Designer:
(1) Injection molding, mold making, casting or reproduction by molding, CNC machining, engraving, or other subtractive or mold-based manufacturing processes;
(2) OEM/private-label manufacturing or factory assembly-line mass production;
(3) Industrial-scale reproduction or large-scale production using non-standard manufacturing processes;
(4) Any other manufacturing method that may materially substitute for the commercial value of the Model’s digital files or materially interfere with the Designer’s normal commercial exploitation of the Model.
Article 6 Restrictions on Brand Promotion and Commercial Promotional Use
6.1
This license is limited to the sale of physical products produced through 3D printing.
It does not include rights for brand use, advertising, or commercial promotional use.
The following uses are strictly prohibited unless separately authorized:
(1) Using the Model or its design elements in brand logos, key product visuals, commercial advertisements, or large-scale marketing campaigns;
(2) Using the Model in corporate exhibitions, commercial competitions, brand collaborations, or government-enterprise cooperation projects;
(3) Using the Model or its design elements to create or develop corporate brand IP, derivative cultural or creative product systems, corporate commercial campaigns, exhibition displays, or IP derivative products.
6.2
If the User wishes to engage in Brand Commercial Use, IP derivative development, or other special commercial uses described above, the User must contact the Designer separately and enter into a dedicated enterprise licensing agreement specifying the applicable license fee and scope of use.
Article 7 Model Modification Rules
7.1 Permitted Adjustments
The User may make production-related adjustments that do not alter the Model’s core structure or design concept, including resizing, adjusting printing parameters, replacing materials, hand painting, sanding, and surface finishing.
7.2 Prohibited Modifications
Without the Designer’s prior written permission, the User shall not:
(1) Alter the Model’s overall appearance, structural design, or core design expression;
(2) Modify the Model’s core functions or reconstruct its mechanical transmission structure;
(3) Create commercial derivative designs or modify, reproduce, or adapt the Model into a new commercial Model;
(4) Make any other modification that may cause the resulting work to be regarded as a derivative work or a substantially similar work.
7.3
Where modifications are made with permission, the copyright in the newly created modifications shall belong to the party that created those modifications, to the extent permitted by applicable law.
Such rights shall not affect the Designer’s copyright in the original Model, and any commercial use of the derivative work shall remain subject to this Notice unless otherwise agreed in writing.
Article 8 Use of Marketing Materials and Attribution
8.1 Marketing Materials
All commercial materials used by the User to list or promote physical products, including product photographs, rendered images, videos, and product descriptions, must be independently created by the User.
The User is strictly prohibited from directly copying, reproducing, or using the Designer’s original preview images, rendered images, promotional videos, or product descriptions for commercial listings, advertising, or customer acquisition.
8.2 Attribution Requirement
When selling physical products printed from the Model, the User shall prominently identify the Designer’s name on the product detail page or in the product description.
The User is also encouraged to include a link to the Designer’s MAKEROAD profile.
The User shall not remove, conceal, alter, or tamper with any attribution information or electronic rights management information contained in the Model files.
8.3
If the User violates the attribution obligations under this Article, the Designer may require the User to correct the violation within a specified period.
If the User fails to make the required correction within such period, the Designer may terminate the license and pursue the User for infringement liability.
Article 9 Crowdfunding and Pre-Sale Restrictions
9.1
Without the Designer’s prior written authorization, the User is strictly prohibited from using the Model for any commercial crowdfunding campaign or large-scale pre-sale activity.
This includes, but is not limited to, crowdfunding campaigns on Kickstarter, Indiegogo, GoFundMe, or other domestic or international crowdfunding platforms, as well as large-scale private-channel or public-channel pre-sales, group-buying pre-sales, and similar activities.
9.2
If the User violates this Article, the Designer may immediately terminate the license and require the User to disgorge all proceeds derived from such activities and compensate the Designer for resulting losses.
Article 10 High-Volume and Enterprise Licensing
10.1
If any of the following circumstances applies, the User must proactively contact the Designer and obtain a separate customized license before engaging in the relevant use:
(1) Production of physical products from a single Model exceeds the Large-Scale Production threshold, namely more than 100 units per month or more than 1,000 units in aggregate per year;
(2) The User intends to use injection molding, mold making, CNC machining, OEM manufacturing, or other restricted manufacturing methods;
(3) The User intends to use the Model for brand promotion, exhibitions, enterprise commercial activities, IP derivative development, or other special commercial scenarios;
(4) The User is an enterprise, institution, or team engaged in commercial use on a scale exceeding what may reasonably be expected of an individual creator.
Article 11 Intellectual Property Warranty and Infringement Handling
11.1
The Designer represents and warrants that the Model uploaded to the Platform is an original work created by the Designer or that the Designer has obtained all necessary lawful rights and authorizations to license the Model.
If the Model infringes any third-party intellectual property right, including but not limited to copyright, design patent rights, or trademark rights, and such infringement causes the User to suffer claims, litigation, or administrative penalties, the Designer shall bear responsibility and compensate the User for direct losses resulting therefrom.
11.2
If any third party asserts an intellectual property claim against the User in relation to the Model, the User shall promptly notify the Platform.
The Platform shall assist the Designer and the User in handling the matter.
During the resolution of the dispute, the User shall suspend use of the Model and shall not independently admit the validity of the third party’s claim or enter into any settlement without prior coordination.
11.3
If the Designer suffers any third-party claim as a result of the User’s violation of this Notice, the User shall fully compensate the Designer for resulting losses, including but not limited to damages, fines, attorneys’ fees, litigation costs, and other reasonable expenses.
Article 12 Disclaimer
12.1
Models are uploaded by Designers as original works or works for which they claim lawful authorization.
The Platform only provides transaction display, payment, and settlement services.
The Platform makes no express or implied warranty regarding the Model’s suitability, safety, printability, or compatibility with any particular printing equipment, materials, or production process.
12.2
Any dispute concerning product quality, personal injury, or property damage arising from Model design defects, print compatibility issues, material incompatibility, or similar causes shall be resolved between the User and the Designer.
The Platform shall not bear joint or several liability for such matters, but may assist the parties in communicating and resolving the dispute.
12.3
The User shall be solely responsible for all legal liabilities and economic losses arising from any unauthorized or non-compliant use of the Model.
Article 13 Limitation of Liability
13.1
To the maximum extent permitted by applicable law, neither the Designer nor the Platform shall be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of or inability to use the Model, including but not limited to loss of profits, loss of data, or damage to goodwill.
13.2
The total aggregate liability of the Designer and the Platform shall not exceed the amount actually paid by the User for the applicable Model.
13.3
The limitations of liability set forth in this Article shall not apply to liability arising from a party’s intentional misconduct or gross negligence to the extent such liability cannot be excluded under applicable law.
Article 14 Confidentiality
14.1
Each party shall keep confidential any trade secrets, technical information, and other non-public information of the other party that it obtains in connection with the performance of this Notice.
No such information may be disclosed to any third party without the other party’s prior written consent.
14.2
The confidentiality obligations under this Article shall survive termination of this Notice and remain effective for two years from the date of termination.
Article 15 Termination
15.1
Any violation of this Notice by the User shall constitute a material breach.
In the event of such breach, the Designer may immediately terminate the license, and the Platform may suspend or ban the User’s account and revoke the User’s rights relating to the relevant order.
15.2
Upon termination of the license, the User shall immediately cease all use of the Model, including further production and sale, and shall delete, destroy, or return all digital Model files and derivative digital files in the User’s possession or control.
Any physical products already sold prior to termination shall remain sold and unaffected; however, the User shall not produce any additional units after termination.
15.3
Termination of the license shall not affect any rights or obligations that arose before termination.
The User shall remain liable for any breach committed before termination.
Article 16 Miscellaneous
16.1
This Notice constitutes the entire agreement between the parties with respect to the commercial licensing of the Model and supersedes all prior oral or written agreements concerning the same subject matter.
16.2
If any provision of this Notice is determined to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected.
The parties shall replace the invalid or unenforceable provision with a lawful and enforceable provision that most closely reflects the original purpose of that provision.
16.3
Neither party may assign or transfer any rights or obligations under this Notice to any third party without the other party’s prior written consent.
16.4
The Platform reserves the right to revise this Notice in response to changes in laws and regulations, business adjustments, or compliance requirements.
Any revised version of this Notice will be published on the Platform.
If the User continues to use the Model after the applicable publication period has expired, the User shall be deemed to have accepted the revised Notice.