Kishmakes Terms of Service

1. Acceptance of Terms

By accessing or using Kishmakes (the "Site" or "Services"), you agree to be bound by these Terms. If you do not agree, you may not use the Services. Kishmakes provides a dynamic AI-driven 3D printable model generator.

2. Third-Party Material & Rotating APIs

As part of your use of the Site, you will access third-party services, engines, and APIs (including but not limited to ChatGPT, Nano Banana, and Tripo).

Aggregator Model: Kishmakes combines various third-party engines to provide optimal results. We reserve the right to switch or rotate these providers at any time without notice.

Disclaimer of Liability: You acknowledge that Kishmakes: (a) is not responsible for the availability, accuracy, or quality of such Third-Party Materials; (b) has no liability for any harm or losses suffered as a result of your reliance on these engines; and (c) does not imply endorsement of any third-party service. Your use of Third-Party Materials is at your own risk.

3. Intellectual Property Ownership

Site Materials: Without derogating from any other terms herein, Kishmakes retains all rights in the Site materials (including, but not limited to, applications, software, back-end prompting logic, proprietary algorithms, graphics, and system instructions). You do not acquire any ownership of these "Site Materials" or rights to derivative works thereof.

User Content: Any right, title, and interest relating to the specific 3D Model generated from your prompt shall be retained by you (the "User"). However, you are prohibited from reverse-engineering, scraping, or decompiling the software to extract the underlying "Back-end Prompting" or proprietary logic owned by Kishmakes.

Commercial Use: You may use your generated models for commercial purposes provided they do not infringe upon any third-party IP. Because AI can produce infringing content, the User assumes all liability for ensuring the output does not violate existing copyrights or trademarks.

4. Copyright Policy and DMCA Notice

Kishmakes respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond expeditiously to claims of copyright infringement.

A. Reporting Infringement

If you are a copyright owner and believe that any content generated or hosted on the Site infringes your rights, please submit a written notification to our Designated Copyright Agent at kishik@gmail.com with the following:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed.
• A description of where the material that you claim is infringing is located on the Site (including the specific URL or Project ID).
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

B. Counter-Notice Procedure

If you believe your content was removed by mistake, you may send a counter-notice to the email above including:

• Identification of the material that was removed and its original location.
• A statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification.
• Your name, address, and telephone number.
• A statement that you consent to the jurisdiction of the competent courts in Tel Aviv, Israel, and that you will accept service of process from the person who provided the original notification of infringement.

C. Repeat Infringers

Kishmakes maintains a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.

5. Payments & Distribution (Cubee Inc.)

Kishmakes operates via Cubee Inc. as its exclusive distributor and payment processor.

The Relationship: Cubee Inc. acts as the reseller/distributor. All financial transactions are with Cubee Inc.

Refund Policy: All sales are final. Due to the immediate costs of AI generation, Kishmakes and Cubee Inc. reserve the right to refuse refunds at their sole discretion.

6. Warranty Disclaimers ("AS IS")

The Site and Services are provided on an "AS IS" and "AS AVAILABLE" basis.

Physical Liability: Kishmakes provides digital files only. We make no representations about the structural integrity or safety of physical objects printed from these files. The person or entity performing the 3D print is the "Manufacturer" and bears sole responsibility for the final product's safety.

No Guarantee: Kishmakes disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, or that the data stored will be secure or error-free.

7. Limitations of Liability

In no event shall Kishmakes, Cubee Inc., or anyone on their behalf be liable for any direct, indirect, consequential, or punitive damages (including loss of profits or business interruption) arising from: (i) your use of the Services, (ii) delays in model generation, or (iii) the quality of the 3D Model. This applies even if Kishmakes has been advised of the possibility of such damages.

8. Indemnification

You shall defend, indemnify, and hold Kishmakes and Cubee Inc. harmless from any loss, liability, or claim (including attorney's fees) arising out of:

• Your violation of these Terms.
• Your improper use of the Site.
• Your violation of any third-party rights (IP, privacy, or property) through your generated models.

9. General Terms & Jurisdiction

By using or accessing the Services, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Kishmakes. Any claim or dispute between you and Kishmakes that arises in whole or in part from your use of the Services shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel.

Kishmakes reserves the right to amend these Terms at any time and without notice. It is your responsibility to review these Terms regularly. YOU AND KISHMAKES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

For any questions, contact: kishik@gmail.com.