Effective Date: August 3, 2025

Welcome to https://polynest.art (the “Website”). This site is operated by Polynest Art LTD, a company duly registered in England & Wales under company number 16678747, with its headquarters located at 50 Princes Street, Ipswich, IP1 1RJ. In this document, Polynest Art LTD may be referred to as **“Polynest,” “the Company,” “we,” “our,” or “us.”

These Terms and Conditions (the “Terms” or “Agreement”) establish the rules and obligations that govern your access to and interaction with the Website, as well as any purchases, services, or content you may obtain through it (collectively referred to as the “Platform”).

By using this Website — whether browsing, creating an account, or making a purchase — you enter into a legally binding agreement with Polynest. This Agreement applies to all visitors, individual users, and those acting on behalf of an organization (collectively, “you,” “your,” “user,” or “Customer”).

We strongly advise that you review these Terms before engaging with the Website. By continuing to use or interact with the Platform, you confirm that you accept these Terms, along with our Privacy Policy and any other policies, notices, or guidelines referenced herein or available on the Website (together, the “Terms of Use”).

Please also review our Privacy Policy, which describes how we collect, process, and safeguard your personal data.

Finally, please note that Polynest assumes no responsibility for the reliability, security, or data practices of external websites that may be linked to or referenced from our Platform.

1. About Us

1.1
The Website is owned and operated by Polynest LTD, a company duly incorporated under the laws of the England and Wales, with its registered office located at 50 Princes Street, Ipswich, IP1 1RJ.

Should you have any questions about these Terms, or if you require clarification or assistance regarding your use of the Platform, you may reach us at [email protected]. Our team will be glad to provide guidance and ensure you understand your rights and obligations under these Terms of Use.

2. Private information

2.1
We strongly advise all users to read our Privacy Policy before engaging with the Website. This document explains in detail how we gather, process, and safeguard your personal information when you interact with our services.

Please be aware that Polynest has no control over, and bears no responsibility for, the data handling practices, content, or policies of external websites that may be referenced or accessible through links on our Platform. If you choose to visit third-party sites, you do so at your own discretion.

3. Key Terms and Definitions

3.1
To ensure clarity and consistency throughout these Terms, the following terms shall carry the meanings set out below:

• “API” – The application programming interface provided by OpenAI, which powers the artificial intelligence functionality integrated into our Platform. Further details are available at https://openai.com/about.
• “Business Days” – Any calendar day from Monday to Friday, excluding weekends and official public holidays when banks in the Republic of Bulgaria are closed.
• “Account” – A personal user profile created on the Platform, granting access to its available services, features, and tools.
• “AI Generation Technology” – The artificial intelligence engine embedded in the Platform, driven by OpenAI’s API, that produces content in response to user input.
• “Content” – All material accessible on or through the Platform, including but not limited to text, images, graphics, logos, icons, databases, animations, audio, video, and branding elements.
• “Digital Item” – A distinct piece of 3D digital content or media generated through the Platform by submitting Prompts to the AI system.
• “Platform” – Collectively refers to the Website, its content, and all related services, tools, and functionalities.
• “Prompt” – Any instruction, query, or other input submitted by a user (or produced internally by the system) that is processed by the API to generate a Digital Item.
• “Personal Data” – Information that identifies, or can reasonably be used to identify, an individual (the “data subject”).
• “Privacy Policy” – A collective reference to our Privacy Notice and Cookie Policy, each accessible via the Website.
• “Service” – As described in Section 5.1, the set of features, functions, and offerings provided through the Platform.
• “User-Generated Content” – Any Digital Items or related materials produced by users through interaction with the Platform’s AI-based features.
• “Your Content” – All materials you provide, including Prompts, the Digital Items generated from them, and any comments, suggestions, or feedback shared in relation to our Services.

4. Changes and Updates

4.1
Polynest retains the right, at its sole discretion, to modify, restrict, suspend, or permanently discontinue any aspect of the Website — including its services, features, or content — at any time and without prior notice.

We encourage you to review these Terms on a regular basis. By continuing to access or use the Platform after updates are published, you agree to be bound by the revised Terms. The “Effective Date:” date shown at the top of this page reflects the most recent version.

If you do not accept the amended Terms, or if you find any change to the Platform unsatisfactory, your only recourse is to stop using the Website and its services.

5. Services

5.1
The Platform provides users with the ability to generate and acquire AI-produced 3D models. These models may be created through our proprietary generation tools or selected from collections made available directly on the Website.

5.2
All 3D models offered through the Platform are licensed for personal and non-commercial use only, unless explicit written permission is granted otherwise. Such models carry no inherent monetary value and may not be converted into cash, resold, or transferred to others. By obtaining a model, you are granted a limited, non-exclusive, and non-transferable license to use it within your personal projects. Ownership rights, copyright, and other intellectual property interests remain with Polynest or its licensors.

5.3
In the event that your account is suspended or terminated, any 3D models associated with that account will be permanently removed. Deleted models cannot be restored, recovered, or refunded under any circumstances.

5.4 Disclaimer
OUR SERVICES ARE OFFERED EXCLUSIVELY FOR PERSONAL, NON-COMMERCIAL USE. POLYNEST DOES NOT WARRANT ANY PARTICULAR OUTCOME, RELIABILITY, OR FUNCTIONALITY OF THE AI-GENERATED MODELS. BY USING THE PLATFORM, YOU ACCEPT THAT ALL DECISIONS MADE IN CONNECTION WITH SUCH MODELS ARE YOUR SOLE RESPONSIBILITY. MODELCRAFT DISCLAIMS LIABILITY FOR ANY DIRECT OR INDIRECT CONSEQUENCES RESULTING FROM YOUR USE OF, OR RELIANCE ON, THE CONTENT OR MODELS PROVIDED THROUGH THE PLATFORM.

6. Content You Provide

6.1
By uploading, submitting, or otherwise providing any of Your Content to the Platform, you grant Polynest a worldwide, non-exclusive, transferable, and sublicensable license to use that material. This license authorizes us to reproduce, display, publish, distribute, adapt, and create derivative works from Your Content in any form of media now known or developed in the future. It also permits us to promote, market, and license Your Content, as well as to make editorial or technical adjustments — such as updating metadata, altering formats, or ensuring compatibility — in order to manage and deliver it effectively through our Platform.

This license does not transfer ownership of Your Content. You remain the rights holder of the original material, while granting Polynest the legal rights necessary to operate, promote, and maintain the Platform in accordance with these Terms.

7. Eligibility Requirements

7.1
You may access and use the Platform only for lawful purposes and in compliance with all applicable local, national, and international laws. To create an account or use our Services, you must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater.

7.2
By using the Website, you confirm that you have the legal capacity and authority to enter into binding agreements under the laws of your country or region.

7.3
Polynest does not provide Services to users located in, or affiliated with, countries or regions subject to restrictions, sanctions, or prohibitions. These include, without limitation: Afghanistan, Algeria, Belarus, China, Cuba, Iran, Iraq, North Korea, Russia, Syria, Venezuela, Yemen, Zimbabwe, as well as disputed or occupied territories such as Crimea, Donetsk, Luhansk, Kherson, and Zaporizhzhia.

8. Account Creation and Management

8.1
By registering a user account (an “Account”) on the Website, you enter into a contractual relationship with Polynest. Registration is free and requires completing our online sign-up form. During this process, we collect personal and profile data in line with our [Privacy Policy].

8.2
We may request additional documentation after registration to confirm your identity, verify eligibility, or comply with legal and regulatory requirements. By continuing to use the Platform, you agree to provide such information accurately and promptly. Refusal or delay may result in suspension or removal of your Account.

8.3
Polynest reserves the right to decline account applications at its sole discretion. Reasons may include (but are not limited to) violation of these Terms, suspected fraudulent activity, unverifiable identity, spam behavior, age restrictions, or residence in a restricted jurisdiction.

8.4
Each person may maintain only one active Account. Opening a new Account requires closing the existing one. Individuals who have been suspended or banned are prohibited from re-registering under a different identity.

8.5
You are solely responsible for activity carried out under your Account. You must not attempt to access another user’s Account, share your credentials, or permit unauthorized access. It is your duty to protect your login details and notify us immediately if you suspect any unauthorized use.

8.6
If the information you provide is false, incomplete, misleading, or if you breach these Terms in any way, we may suspend or permanently deactivate your Account without prior notice.

8.7
Polynest is not liable for any loss or damage arising from unauthorized access to your Account, regardless of how such access occurred.

8.8
We may suspend or terminate your Account at any time, particularly in cases of policy violations, misuse of the Platform, infringement of intellectual property, or breaches of law. Upon termination, any rights previously granted to use our services or content will be withdrawn.

9. User Obligations and Acceptable Use

9.1
By accessing or using the Platform, you agree to comply with these Terms and with all applicable laws and regulations. You further agree not to misuse the Platform or engage in conduct that could harm Polynest, other users, or the integrity of our Services. Prohibited activities include, but are not limited to:

• Accessing the Services if you are not legally permitted to enter into this Agreement.
• Reproducing, modifying, translating, reverse-engineering, or decompiling any element of the Platform or Digital Items, unless expressly permitted by law or these Terms.
• Reselling, licensing, distributing, or otherwise exploiting the Services or their outputs for commercial purposes without written authorization.
• Leasing, sub-licensing, or marketing the Platform or its assets without prior written approval.
• Using the Services for political, advertising, or commercial campaigns without consent.
• Attempting to bypass, disable, or interfere with the Website’s security or access controls.
• Embedding the Services into third-party applications, software, or systems without authorization.
• Employing crawlers, bots, or automated scripts to interact with or extract data from the Platform.
• Misrepresenting your identity or affiliation, or attributing unauthorized material to Polynest.
• Posting or distributing offensive, abusive, hateful, or discriminatory content.
• Gaining or attempting to gain unauthorized access to another user’s account, device, or data.
• Using the Services in ways that contradict their intended purpose or impair normal functionality.
• Selling, trading, duplicating, or transferring Digital Items in violation of our policies.
• Uploading or transmitting files that contain malware, infringe intellectual property, violate privacy, or otherwise breach applicable law.
• Providing professional advice, services, or recommendations without proper authority or qualifications.
• Hindering or obstructing other users’ access to the Services, or taking actions that damage Polynest’s infrastructure, reputation, or user community.

9.2
Polynest reserves the right, at its sole discretion, to suspend or permanently terminate your Account and access to any associated Digital Items if you breach these Terms or act in a way that harms our services, community, or business interests. Such action may be taken immediately and without prior notice.

10. Enforcement of Policies and Reporting Violations

10.1
By using the Platform, you agree to follow these Terms along with any additional guidelines established by Polynest. If you encounter content or behavior on the Website that you believe violates these Terms, breaches our policies, or contravenes applicable law, we encourage you to notify us at [email protected]. To help us investigate, please provide:

• A clear explanation of why the content may be unlawful or in violation of our Terms.
• The exact location of the material (such as a URL or reference ID).
• Your full name and a valid email address.
• A good-faith declaration confirming that the information you are providing is accurate and complete to the best of your knowledge.

10.2
Polynest reserves the right to enforce its policies at its sole discretion. Enforcement measures may include, but are not limited to: issuing warnings, removing or restricting access to infringing content, limiting platform functionality, or suspending user accounts. In cases of serious misconduct or repeated violations, we may permanently revoke your access to the Website and Services without prior notice.

11. Purchases and Payment Terms

11.1
When placing an order for Digital Items through the Platform, you may be asked to provide billing and payment details such as card information, billing address, and valid contact data. These details must be accurate and complete in order to process your transaction.

11.2
Unless specifically noted otherwise, all prices on the Website are displayed in EUR (euros).

11.3
Charges associated with your purchase, including applicable taxes, duties, or processing fees, are your sole responsibility. You agree to cover any additional costs that arise from your use of the Platform.

11.4
Payments are accepted only through the methods identified on the Website. By completing a payment, you represent and warrant that you are legally authorized to use the chosen payment instrument and that all information submitted is valid and up to date.

11.5
Your bank or card issuer may apply extra fees, such as conversion charges or foreign transaction costs. These are determined entirely by your provider, and Polynest does not assume responsibility for them.

11.6
Using another person’s credit or debit card without explicit authorization is strictly forbidden. If a payment attempt is unsuccessful or declined, we reserve the right to cancel the associated order.

11.7
Transactions may be facilitated through external payment processors. These third parties operate under their own terms, and Polynest is not responsible for errors, service delays, or issues that may occur on their side.

11.8
We retain full discretion to refuse or cancel any order. Examples include inaccurate order information, unavailable items, pricing errors, or suspicions of fraudulent behavior.

11.9
After successful payment, instructions for downloading or accessing your Digital Items will be delivered to the email tied to your Account. Delivery may take up to 14 days. If delivery is not possible, the order will be canceled and a full refund issued.

12. Account Funding

12.1
To purchase AI-generated 3D models through the Platform, you must first add funds to your Account. Balance top-ups may be made using the tools provided on the Website or by any other methods we make available in the future. All top-up payments are processed through independent third-party payment providers.

12.2
Your chosen payment method will be governed by the terms and conditions of the external provider handling the transaction. Polynest is not liable for delays, failed payments, or technical errors that may occur on their side.

12.3
You are fully responsible for specifying the correct top-up amount when funding your Account. Top-ups are final — Polynest does not provide refunds, exchanges, or adjustments for mistaken or accidental transactions.

13. Refund and Cancellation Policy

13.1 – Situations Where Refunds Apply 
Refunds are issued only in limited cases, such as:

• Platform Errors – If purchased content cannot be opened or used due to a technical fault on our side and cannot be fixed within five (5) business days after contacting [email protected].
• Unauthorized Charges – If a payment was not made or authorized by you, and we verify the claim.
• Billing Mistakes – Duplicate charges or incorrect amounts will be corrected with a refund.
• Fraud Prevention – We may, at our discretion, refund payments linked to suspicious or fraudulent activity.

13.2 – Withdrawal Rights (EEA, UK, Switzerland)
If you live in the EEA, United Kingdom, or Switzerland, you are entitled to cancel a digital purchase within 14 days of access being granted.

13.3 – Waiver of Withdrawal Rights
If you access or download the content during the 14-day window and explicitly consent to waive your cancellation right, you will no longer be eligible for a refund.

13.4 – Cancellation Procedure
Send a notice to [email protected] with the subject line “Withdrawal Request.”

13.5 – Refund Timelines
Refunds will be returned to your original payment method unless otherwise agreed. Normally, refunds are completed within 14 days, though some payment providers may take up to 30 days. Polynest does not charge refund fees.

13.6 – Non-Refundable Purchases
Refunds are not available for:

• Digital content accessed or downloaded after waiver of withdrawal rights.
• Purchases made with vouchers, discounts, or bundles (unless faulty or unavailable).
• Custom or bespoke services already delivered.

13.7 – Exceptional Cases
We may allow refunds outside the normal policy if:

• The product is incompatible with your system and no such limitation was disclosed.
• Unforeseen force majeure events prevent you from accessing or using purchased content.

13.8 – Submitting a Refund Request
For faster processing, include in your email:

• Your name and account email.
• Order or payment reference number.
• Purchase date.
• Explanation of the issue.
• Supporting proof (screenshots, receipts, or error messages).

13.9 – Disputes and Chargebacks
Please contact us before initiating a chargeback. Unjustified chargebacks may result in suspension or termination of your Account. If a chargeback is approved, all associated content licenses will be revoked.

13.10 – Applicable Law
This policy is governed by the laws of England and Wales. Your statutory rights remain unaffected.

13.11 – How to Reach Us

Email: [email protected]
Business Address: 50 Princes Street, Ipswich, England, IP1 1RJ

14. Intellectual Property

14.1 – Ownership of Platform Content
Unless explicitly stated otherwise, all content and materials made available on the Platform — including but not limited to text, data compilations, graphics, illustrations, audiovisual elements, code, metadata, software, design layouts, and interactive tools — are the property of Polynest or its authorized licensors. These assets, along with the Platform itself and any Digital Items, are protected under applicable copyright, trademark, and intellectual property laws.

14.2 – Trademarks and Branding
Names, logos, icons, taglines, design elements, and user interface components displayed on the Platform may be protected as registered or unregistered trademarks, trade dress, or service marks belonging to Polynest or third parties. Their appearance on the Website does not grant you any right or license to use them. Unauthorized reproduction, alteration, or distribution of such materials may result in legal action.

14.3 – Third-Party References
Any references to third-party trademarks, product names, or company names are used solely for identification purposes. Such references remain the property of their respective owners and, unless expressly stated, do not imply endorsement, affiliation, sponsorship, or partnership with Polynest.

15. Indemnity

15.1 – Your Responsibility
You agree to defend, indemnify, and hold harmless Polynest, together with its affiliates, directors, officers, employees, agents, and authorized representatives, from any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal and attorney fees) arising out of or connected to:

• your use of or access to the Platform;
• any breach, or alleged breach, of these Terms;
• any infringement of third-party rights, including intellectual property, contractual, or privacy rights.

This obligation applies to both direct and indirect consequences of your actions and will continue to remain in effect even after your use of the Platform or termination of your Account.

16. Disclaimer of Warranties

16.1
The Platform and all associated services, content, and information are provided strictly on an “as is” and “as available” basis. Polynest makes no representations or warranties of any kind, express or implied, including (but not limited to) assurances of accuracy, reliability, availability, or fitness for a particular purpose.

We do not warrant that the Platform will operate without errors, interruptions, or defects, nor do we guarantee that it will meet your personal requirements or expectations. By accessing and using the Platform, you acknowledge and agree that you do so voluntarily, entirely at your own risk.

17. Limitation of Liability

17.1 – Scope of Limitation
To the maximum extent permitted by applicable law, Polynest and its affiliates shall not be held liable for any loss of profits, income, business opportunities, or for any indirect, incidental, consequential, exemplary, or punitive damages connected to your use of the Platform, its Services, its content, or third-party advertisements. This limitation applies under all legal theories (including contract, tort, and negligence), even where we have been informed of the possibility of such damages. Examples include, but are not limited to, damages caused by reliance on Platform content, service outages, hacking, malware, data breaches or deletions, technical failures, fraud, or external events beyond our control (force majeure).

17.2 – User Responsibility
Your decision to use the Platform, interact with third-party materials, or engage with advertisements is made at your own discretion and risk. You accept full responsibility for any impact such use may have, including harm to your device, data loss, or other resulting issues.

17.3 – Maximum Liability
In any event, and regardless of the basis of your claim, Polynest’s aggregate liability to you in relation to the Platform, its Services, content, or Digital Items shall not exceed the total sum you have paid to Polynest for those Services. This limitation forms an essential basis of the contractual relationship between you and Polynest.

18. Legal Framework and Dispute Handling

18.1 – Governing Rules
These Terms are subject to and interpreted under the laws of England & Whales. If you are a consumer living outside of England, your mandatory rights under the laws of your residence country remain unaffected.

18.2 – Online Resolution Options
Residents of the European Economic Area (EEA) or Switzerland may choose to resolve disputes related to online purchases through the European Commission’s Online Dispute Resolution (ODR) platform, accessible at: http://ec.europa.eu/consumers/odr

19. General Provisions

19.1 – No Waiver
If Polynest chooses not to enforce any part of these Terms at a given time, this does not constitute a waiver of its rights to enforce that provision — or any other — in the future. Waiving one clause does not affect the enforceability of others.

19.2 – Relationship of the Parties
Nothing contained in these Terms shall be interpreted as creating a partnership, joint venture, employment, or agency relationship between you and Polynest. Your use of the Platform does not establish such a legal association.

19.3 – Entire Agreement
These Terms, together with the Terms of Use, represent the full and exclusive agreement between you and Polynest replacing any prior oral or written arrangements concerning the same subject matter. If a competent authority finds any provision invalid or unenforceable, the remaining provisions will continue in effect.

19.4 – Term and Termination
This Agreement remains in force until terminated by either party. You may end it at any time by discontinuing use of the Platform. Polynest may suspend or terminate your access, with or without notice, at its sole discretion. Any rights or obligations accrued prior to termination will survive. Upon termination, you must cease using the Platform and delete any obtained content. Provisions intended to survive termination will remain binding.

19.5 – Survival of Key Sections
The following provisions continue to apply even after termination or expiration: Section 14 (Intellectual Property), Section 15 (Indemnity), Section 16 (Disclaimer of Warranties), Section 17 (Limitation of Liability), Section 18 (Legal Framework and Dispute Handling), and this Section 19 (General Provisions).

19.6 – Language
These Terms may be made available in multiple languages for user convenience. In case of any inconsistency or conflict, the English-language version shall prevail.