Terms of Service

Welcome to Prefabby! These Terms and Conditions ("Terms") govern your use of Prefabby, including its websites, plugins, and any related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

1 Acceptance of Terms

By accessing or using the Service, you confirm that you are of legal age to form a binding contract with Prefabby or have obtained parental or guardian consent.

If you are using the Service on behalf of an organization, you are confirming that you have the necessary authority to do so and that the organization accepts these Terms.

You may not use the Service and may not accept the Terms if you are not of legal age to form a binding contract with Prefabby, or you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws 1. of Germany, 2. of the country in which you are resident or 3. the country from which you access or use the Service.

You can accept the Terms by accessing, browsing or using the Service. Please review these Terms carefully before using the Service. If you do not agree to the Terms, you must not use the Service.

2 Description of Prefabby

Prefabby is a creative hub that allows users to build, share, and remix creations made from prefab art packs. The features of Prefabby include:

a. Publishing: Users can publish their creations made out of prefabs onto the Prefabby platform to share them with others.
b. Downloading and Remixing: Users can download and remix creations shared on the platform, subject to the restrictions outlined in these Terms.
c. Collaborative Editing: Users can collaborate with friends and colleagues in real-time to edit scenes together.

3 Account Registration

To access certain features of the Service, you may need to register for an account and authenticate using Auth0. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your Auth0 credentials and for all activities that occur under your account.

Please note the following:

a. Authentication with Auth0: When registering and logging into your Prefabby account, you will be required to authenticate using Auth0. Your use of Auth0 is subject to its own terms and privacy policies, which you should review and accept as part of the authentication process.
b. Third-Party Authentication: Auth0 is a third-party authentication service, and Prefabby does not have access to your Auth0 login credentials. Your interactions with Auth0 are governed by their terms and policies, and any issues or disputes related to Auth0 should be directed to Auth0's support and governance channels.
c. Account Security: You are responsible for maintaining the security of your Prefabby account and Auth0 credentials. Please ensure that you follow best practices for securing your account, including using strong and unique passwords, enabling two-factor authentication where available, and promptly reporting any unauthorized access to your account.
d. Account Termination: Prefabby reserves the right to suspend, terminate, or restrict your access to the Service at any time for violations of these Terms or for any other reason.

By using Prefabby and authenticating through Auth0, you acknowledge that you have read, understood, and agreed to these Terms and the terms and policies of Auth0 as part of the authentication process. These Terms constitute a binding agreement between you and Prefabby, and any issues related to Auth0 should be directed to Auth0's support and governance channels.

4 User Content

a. Publishing and Sharing: By publishing creations on Prefabby, you affirm and warrant that you are the original author of the content or that you have obtained all necessary rights, licenses, consents, and permissions to publish and share the content on the Prefabby platform. Failure to comply with this requirement may result in the removal of your content and the suspension or termination of your account. You grant Prefabby a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform the creations on the platform. You retain ownership of your creations. Prefabby and other users downloading and remixing the creations are not obligated to mention or credit the original author.
b. Revocation of Content: Once content is published or remixed on the platform, it cannot be revoked or removed by the original author or any other user. Please exercise caution and consider the permanence of content before publishing or remixing on Prefabby.
c. Ownership and Rights: You acknowledge that you are solely responsible for any legal implications arising from the content you publish on Prefabby. Prefabby does not claim ownership of your content, but you grant Prefabby the rights outlined in section 4(a) to enable the functionality of the platform.

5 Code of Conduct

You agree not to:

a. Use the Service for any illegal or unauthorized purpose, including, but not limited to:
  • Performing significant load testing without first obtaining Prefabby's written consent (email permitted), as otherwise these may be treated as denial-of-service attacks;
  • Selling, trading, reselling or otherwise exploiting the Service for any unauthorized commercial purpose;
  • Removing any copyright, trademark or other proprietary rights notices contained in or on the Service;
  • Reformating or framing any portion of the website;
  • Disabling, interfering with or circumventing any aspect of the Service.
b. Post, upload, or share content that is offensive, harmful, or infringes on the rights of others, which includes, but is not limited to the following:
  • Content that infringes a third party's rights (e.g., copyright) according to applicable law;
  • Excessively profane content;
  • Hate-related or violent content;
  • Content advocating racial or ethnic intolerance;
  • Content intended to advocate or advance computer hacking or cracking;
  • Gambling;
  • Other illegal activity, including without limitation illegal export of controlled substances or illegal software;
  • Drug paraphernalia;
  • Phishing;
  • Malicious content;
  • Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

c. Harass, threaten, or engage in any harmful conduct toward other users.

d. Use the Service to distribute viruses, malware, or other malicious software.

6 Plugins and Software

a. The plugins for Unity, Godot, Unreal Engine, and Roblox are provided "as is" and without warranties.

b. You may use the plugins only in accordance with the respective terms and conditions of the platforms they are designed for.

7 Fees and Payment Terms

General access to the Service is provided to you without charge. However, Prefabby reserves the right to introduce fees for certain features of the Service at any time.

8 Liability

Prefabby shall be liable under these Terms only in accordance with the provisions set out below:

Prefabby shall be unrestrictedly liable for losses caused intentionally or with gross negligence. Prefabby shall be unrestrictedly liable for death, personal injury or damage to health caused by intent or negligence.

Prefabby shall be liable in accordance with the German Product Liability Act in the event of product liability.

Prefabby shall be liable for losses caused by the breach of its primary, fundamental obligations. If Prefabby breaches its primary fundamental obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by Prefabby at the time the respective service was performed. Primary fundamental obligations are obligations the fulfilment of which is an essential condition enabling the proper implementation of the contract and the breach of which jeopardizes the accomplishment of the purpose of the contract.

Prefabby shall be liable for consequential damages, lost profit or other indirect damages only in the case of wilful intent, if it has assumed a guarantee or has fraudulently concealed a circumstance causal for the relevant indirect damage. Strict liability (without fault of Prefabby) for defects/errors already present at the time of the conclusion of the contract is expressly excluded.

Prefabby shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper and regular data backup measures been taken.

Any more extensive liability of Prefabby is excluded on the merits.

9 Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Prefabby and licensors, suppliers and partners harmless from any claims and demands, including reasonable attorneys' fees, made by any third party arising from or relating to your breach of the Terms, including a violation of the Code of Conduct, your use of and access to the Service, your violation of applicable laws, rules or regulations in connection with the Service, or your Content.

Prefabby will provide you with written notice of any third party's allegation that preceded the legal proceedings of third party and will cooperate reasonably with you to resolve the third party's allegation and proceedings.

10 Contract duration and Termination

The contract constituted by these Terms runs for an indefinite period.

The contract may be terminated by either party at any time with immediate effect. Grounds for such termination for cause include material breach of these Terms of Service.

You agree that any termination of your access to your Account may be without prior notice, and you agree that Prefabby will not be liable to you or any third party for such termination.

Prefabby reserves the right to suspend, terminate, or restrict your access to the Service at any time for violations of these Terms or for any other reason.

11 Privacy

Your use of Prefabby is also governed by our Privacy Policy, which can be found on our website.

12 Final Provisions

Prefabby reserves the right to make changes to these Terms or any other information contained on the Service including the functionality offered through the Service from time to time, at Prefabby's sole discretion. Any modification of the Terms will be made available within the Service. Unless otherwise noted by Prefabby, material changes to the Terms will become effective seven (7) days after they are posted, except if the changes apply to new functionality in which case they will be effective immediately. If you do not agree to these changes, you must stop using the Service.

Prefabby generally communicates with you via email, unless indicated otherwise by these Terms. You need to ensure that you regularly check the email account specified at registration for messages from Prefabby.

The laws of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the country in which the user resides shall remain unaffected by this legal decision.

Should any provision of the Terms be or become invalid, this shall not affect the validity of the remaining provisions. In this event, the parties shall be obliged to replace the invalid provision by a valid provision which most approximates the economic purpose of the invalid provision. The same applies in case of a gap.

Last revised: 31/08/2023