Date of Last Revision: November 16, 2023.
Welcome to Meshy at https://www.meshy.ai/(“Websites”), which is designated and operated by Meshy LLC. (including its subsidiaries, affiliates, agents, and service providers, collectively, “Meshy”, “we,” “us,” or “our”). Meshy provides users and visitors (“you” and “your”) with services of creating 3D content using generative AI technology, including but not limited to AI-powered 3D modeling, texturing, and animation. (“Services”). Certain Meshy Service options are provided free of charge, while other options require payment before they can be accessed through different paid Meshy plans, including one-off and recurring payment (“Subscription”). Meshy has three different types of users depending on the Meshy products used: • If you are users of the Websites, you will be referred to as “Site Visitors”. • If you are users who use the free version of the Meshy Service, you will be referred to as “Free Users”. • If you are users who use the Service as part of a paid Meshy plan, you will be referred to as “Paid Users”.
We refer to these three types of users collectively as “Users” or “you” for purposes of these Terms. These Terms create a legal agreement directly between you and Meshy and set out the rules governing use of the Service and Websites regardless of the type of User and explain what rights you have with respect to 3D models and other assets which you might generate using the Service or prompts you might enter into the Service (the “Assets”). If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
Any new features or tools added to our Services shall also be subject to the Terms. You visit this page at any time to review the most current version of the Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Services. Please check this page periodically for updates. Your continued use of or access to our Service following the posting of any changes constitutes acceptance of such changes.
Please read these Terms carefully before accessing or using our Services. If you do not agree to any of the terms and conditions herein, then you may not access our Services. These Terms are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access our Services, whichever is earlier (the “Effective Date”). These Terms do not have to be signed in order to be binding. You indicate your assent to these Terms by clicking “I agree” (or similar button or checkbox) at the time you register for a product, create an account, or place an order. For No-Charge Products, you also indicate your assent to these Terms by accessing or using the applicable No-Charge Product.
Eligibility and scope 1.1. You are not permitted to access or use the Service and Websites in the situation where Meshy has previously prohibited you from accessing or using the Service and Websites. 1.2. Some products may be subject to additional terms specific to that product as set forth in the product-specific terms. You also agree to those terms by accessing or using a product covered by the above terms.
Users Responsibilities 2.1. Age Requirement. You may only use the Services if you are old enough to consent (by yourself and not by a parent or guardian) to share your data under applicable law. For example, you must be 13 years or older under most United States’ law, or 16 years or older under California or European Union law. You promise to be competent to agree to these Terms. 2.2. Compliance with Terms. When using our Services, you must comply with the following requirements: • You shall use our Services in compliance with, and only as permitted by, all applicable laws regarding your use of the Services, including as it concerns online conduct and acceptable content. • You shall follow the procedures and practices related to the Internet. You shall also comply with these Terms and all related agreements, regulations and procedures. • You shall not infringe the patent rights, copyrights, trademark rights and other intellectual property rights, reputation rights, or any other legal rights of us or our affiliates or any other third parties. You shall not engage in activities that damage our interests or adversely affect us or our affiliates. • You are prohibited from using the Services to create any unlicensed or unauthorized copyrighted content, including any 3D model or other unoriginal content not created by you, not authorized for use by you, not in the public domain, or otherwise without a valid claim of fair use. 2.3. Account Registration and Confidentiality. You agree to provide us with accurate, complete, and current registration information about yourself. You shall ensure that your verification code for registration remains confidential and secure. You agree that you are fully responsible for all activities that occur under your account by registering. We may assume that any communications we receive under your account have been made by you. 2.4. Unauthorized Account Use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. If you become aware of any unauthorized use of or access to your account, you are responsible for notifying us at [email protected]. You are responsible for any and all actions taken using your account and password. 2.5. Restriction in use. You shall not distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof. You shall not make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof). You shall not determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof. 2.6. Indemnity and Release. You agree to release, indemnify on demand and hold us and our affiliates, as well as their officers, employees, directors and party agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, and actions of any kind of injury (including death) arising out of or relating to your use of the Services, any content posted or provided by you, your connection to the Services, and your violation of these Terms or any rights of another. You agree to indemnify us for the costs of its defense (including, but not limited to attorney’s fees) if we choose to defend ourselves against any claims.
Our Proprietary Rights Meshy owns and operates the Services and Websites, which contain Meshy Content (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks). All the Meshy Content are derived in whole or in part from materials supplied by Meshy and its partners, as well as other sources. Such Meshy Content are protected by applicable copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Service and Websites are also protected as a collective work or compilation under local and global copyright and other law and treaties. You acknowledge that the Service and Websites have been developed, compiled, prepared, revised, selected, and arranged by Meshy and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Meshy and such others. You agree to comply with all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service and Websites. You agree to notify Meshy immediately upon becoming aware of any claim that the Service and Websites infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. Any unauthorized use of any Meshy Content on or through the Service and Websites may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
License and Acceptable Use 4.1. Your License. Subject to the terms and conditions of these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable license worldwide (with the exception of (i) jurisdictions that are embargoed or designated as supporting terrorist activities by the United States Government and (ii) jurisdictions whose laws do not permit engaging in business with Meshy or use of the Services) for you to access and use the Services (including resources in the Asset Library) for your internal business or personal purposes, depending on your account type. 4.2. Acceptable Use. All Users must abide by the following rules regarding acceptable use of the Service and Websites. 4.2.1. Disruption of the Service. You may not: • access, tamper with, or use non-public areas of the Service and Websites, Meshy’s computer systems, or the technical delivery systems of Meshy’s providers; • access or search the Service and Websites by any means other than Meshy’s publicly supported interfaces (for example, “scraping”); • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure; • attempt to disrupt or overwhelm our infrastructure by deliberately imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what a human user could send during the same period of time); or • interfere with or disrupt the access of any user, host or network, including but not limited to, by sending a virus, overloading, flooding, spamming, mail-bombing the Service and Websites, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service and Websites. 4.2.2. Misuse of the Service and Websites. You may not use the Service and Websites to carry out, promote or support: • any unlawful or fraudulent activities; • the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in such a way as to mislead, confuse, or deceive others; • defamatory, libelous or threatening activities, or contents constituting hate speech, harassment, or stalking; • the distributing or posting of other people’s private or personal information without their express authorization and permission; • the sending of unsolicited communications, promotions advertisements, or spam; • the use of the Services to generate images for political campaigns, or to try to influence the outcome of an election; • the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or • the promotion or advertisement of products or services other than your own without appropriate authorization. 4.2.3. User Content Standards Within the Service and Websites. You may not post any information, text, files, and other materials (collectively, “User Content”) on the Service or Websites that: • violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity; • is misleading, fraudulent, illegal, obscene, pornographic (including child pornography, which we will remove and report to law enforcement, including the National Center for Missing and Exploited children upon awareness), defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking; • contains any personal information of minors (i.e., children under the age of 18); • contains any sensitive personal information, for example, financial information, payment card numbers, social security numbers, or health information; • contains viruses, bots, worms, or similar harmful materials; or • contains any information that you do not have a legal, contractual or fiduciary right to make available. 4.3. Violations of Sections 2 and 4. We reserve the right to take any remedial action we deem necessary, in addition to any other remedies that may be available to us. Such action includes immediately suspending or terminating your account or your access to the Service or Websites, upon notice and without liability for Meshy, if you fail to comply with the rules in Sections 2 and 4 or if, in Meshy’s sole discretion, such action is necessary to prevent disruption of the Service or Websites for other users.
Privacy We attach great importance to the security of personal information and take all reasonable and feasible measures to ensure the safety of your personal information. Starting from multiple dimensions such as business scenarios, code and infrastructure, we have adopted a systematic security strategy to provide you with effective security protection. Please see our Privacy Policy for information about how we collect, use, and share the data we collect from and about you.
User Content and Feedback 6.1. User Content and Submissions on the Service. Through our Services, you are allowed to create tasks to create Assets and submit associated User Content and to share that User Content with others. User Content submitted or otherwise made available to the Service is subject to the following terms: 6.1.1. Paid and Free User Content on the Service. As set forth in the introduction to these Terms, Content submitted to the Service by Paid Users (“Paid User Content”) and Free Users (“Free User Content”) is owned and controlled by the Paid Users and Free Users. We maintain a limited, non-exclusive and non-transferable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display Paid User Content and Free User Content for the following restricted purposes: (i) to maintain, provide and improve the Service; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Paid User Content or Free User Content violates these Terms; (iv) to comply with a valid legal subpoena, request, or other lawful process; and (v) as expressly permitted in writing by the Paid Users or Free Users. 6.2. Feedback on the Websites. The Websites may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to Meshy and share such Feedback with other users, or the public. You grant Meshy a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other Meshy marketing materials and where required to do so by law or in good faith to comply with legal process) by submitting Feedback through the Websites. At our sole discretion, we reserve the right to remove any Feedback posted in public forums for any reason. 6.3. User Content and Feedback Representations. You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. Meshy does not control, and is not responsible for, User Content or Feedback. You understand that you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable by using the Service and/or Websites. You are also kindly asked to note that User Content and Feedback may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless Meshy for all claims resulting from User Content or Feedback you submit through the Service and/or Websites. At our own expense, we reserve the right to assume the exclusive defense and control of such disputes, and you will cooperate with us in asserting any available defenses in any event.
Copyright and DMCA Takedowns Policy 7.1. Rights You give to Meshy By using the Services, you grant to Meshy, its successors and affiliates, and assigns a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform the Assets produced by the Service at your direction, and to grant sublicenses of the foregoing rights, for the purposes of including your Assets in the Services and for the business promotion of Meshy on third-party platforms. This license survives termination of this Agreement by any party, for any reason. 7.2. Your Rights 7.2.1. Subject to the above license, if you are a Paid User, you own all Assets you create with the Services, provided they were created in accordance with this Agreement. This excludes upscaling the images and models of others, which remain owned by the original creators. Meshy makes no representations or warranties with respect to the current law that might apply to you. Please consult your own lawyer if you want more information about the state of current law in your jurisdiction. Please be aware that any 3D models you create in a shared or open space such as a Discord chatroom, is viewable by anyone in that chatroom. 7.2.2. If you are not a Paid User, you don’t own the Assets You create. Instead, Meshy grants you a license to the Assets under the Creative Commons Attribution 4.0 International License. The full text is accessible as of the Effective Date here: https://creativecommons.org/licenses/by/4.0/. 7.3. DMCA Takedowns Policy We respect the intellectual property rights of others, and we ask our users to do the same. If you believe that material located on or linked to by the Services violates your copyright or trademark, you are encouraged to contact the infringing party directly. Please also send a notice of claimed infringement to [email protected] with the subject “Takedown Request,” and include the following: • Your physical or electronic signature. • Identification of the copyrighted work (or mark) you believe to have been infringed or, if the claim involves multiple works, a representative list of such works. • Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the Service of the material claimed to be infringing, so that we may locate the material. • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. • A statement that the information in the written notice is accurate. • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. • If the copyright owner’s rights arise under the laws of a country other than the United States, please identify the country. Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who engages in repeated acts of infringement. Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. Please note that Meshy is not in a position to assess the legal merits of the claims. Any further action, claim or remedy against the infringing user must be undertaken by the aggrieved user.
Payment Terms
8.1. Purchases. When you purchase our Services (each such purchase), you expressly authorize us or our third-party payment processor to charge you for such Services.
8.2. Excessive Usage. We shall have the right at our sole discretion, including but not limited to where Paid Users are believed to have misused the Service or otherwise use the Service in an excessive manner compared to the anticipated standard use (at our sole discretion), to charge a different price for the Subscription and/or impose additional restrictions as for the upload, storage, download and use of the Service, including but not limited to, restrictions on Third Party Services, network traffic and bandwidth, size and/or length of content, quality and/or format of content, sources of content, volume of download time, etc.
8.3. You represent and warrant that you have the legal right to use all payment methods that you provide to us.
8.4. All fees are stated and solely payable in U.S. Dollars (unless otherwise stated during the payment process), non-cancelable, non-refundable (except as otherwise expressly set forth in these Terms), and not subject to setoff.
8.5. In the event that you fail to pay the full amount owed to us, we may limit your access to the Services, in addition to any other rights or remedies we may have.
8.6. Authorization for Recurring Payments
8.6.1. All Subscription pricing plans involve recurring fees (each, along with any applicable taxes and other charges, is a “Subscription Fee”). Depending on which options you choose, those fees may recur each month or year thereafter, at the then-current rate. Please note that our fees are subject to change, although we will notify you before we effect any change.
8.6.2. By agreeing to these Terms and purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Meshy. We (or our third party payment processor) will automatically charge you in accordance with the terms of your Subscription (e.g., each month, quarter, or year), on the calendar day corresponding to the commencement of your Subscription using the payment information you have provided. 8.6.3. In the event your Subscription begins on a day not contained in a later month, your payment method will be charged on such other day as we deem appropriate. For example, if you started a monthly Subscription on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date. We may also periodically authorize your payment method in anticipation of applicable fees or related charges. 8.6.4. Your Subscription continues until canceled by you or we terminate your access to or use of the Services or the Subscription in accordance with these Terms. 8.7. Canceling Subscriptions 8.7.1. You may cancel your Subscription at any time but please note that such cancellation will only be effective at the end of the then-current Subscription period. Unless required by law, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. 8.7.2. To cancel, you can initiate a cancellation through your Meshy account settings within the Services. You will be responsible for all Subscription Fees incurred for the then-current Subscription period. Canceling your Subscription will not terminate your Meshy account. See Termination below for information on terminating your Meshy account.
8.8. Taxes. All fees do not include taxes, and you agree to: (a) pay all sales/use, gross receipts, value-added, GST, personal property, or other tax (including any interest and penalties) with respect to the transactions and payments under these Terms, other than taxes based on our income, employees, or real property; and (b) be responsible for any filing of any information or tax returns with respect thereto. If we were required to collect a tax and did not do so at the time of sale, we reserve the right to later charge you for the applicable tax.
8.9. Withholding. All payments made by you to us under these Terms exclude any deduction or withholding. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required by law, you will pay such additional amounts as are necessary so that the net amount received by us after such deduction or withholding will be equal to the full amount that we would have received if no deduction or withholding had been required. Each party will use commercially reasonable efforts to work with the other party to help obtain, reduce, or eliminate any necessary withholding, deduction, or royalty tax exemptions where applicable.
Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS, WILL BE LIABLE IN NO EVENT FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, DOCUMENTATION, OR PROFITS, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE THE OFFICIAL WEBSITE OR ANY CONTENT THEREON, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE OFFICIAL WEBSITE OR ANY CONTENT THEREON OR BY FAILURES OF THE OFFICIAL WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN NO EVENT WILL WE BE LIABLE FOR CLAIMS ARISING FROM OR RELATED TO THE OFFICIAL WEBSITE OR ANY CONTENT THEREON. WE DISCLAIM ALL LIABILITY OF ANY KIND OF OUR LICENSORS AND SUPPLIERS. IN PARTICULAR: 9.1. WE CAN NEITHER GUARANTEE THAT CONTINUOUS, UP TO DATE, AND ACCURACY OF ITS SERVICES, NOR ANY DEFECT WILL BE CORRECTED IN TIME. WE CANNOT GUARANTEE OUR SERVICES OR SERVERS WILL NOT BE ATTACKED BY VIRUSES, HACKERS OR OTHER CYBERATTACKS. THE SERVICES AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, SATISFACTION, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES OR WEBSITE CONTENT. 9.2. WE RESERVE THE RIGHT TO MODIFY, INCREASE OR DECREASE, CANCEL, SUSPEND, INTERRUPT OR TERMINATE THE PROVISION OF SERVICES (IN WHOLE OR IN PART) ON THE WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. WHEN WE EXERCISE THE AFOREMENTIONED RIGHTS, WE SHALL NOT BEAR ANY LIABILITY TOWARDS YOU. 9.3. IF WE NEED TO SUSPEND OUR SERVICES FOR MAINTENANCE OR UPGRADE, WE WILL ENDEAVOR TO NOTIFY YOU IN ADVANCE. IF THE SERVICES NEED TO BE SUSPENDED FOR MAINTENANCE OR UPGRADES, SERVER FAILURE, HARDWARE FAILURE, OR OTHER FORCE MAJEURE, WE WILL UTILIZE ALL REASONABLE RESOURCES AND MEASURES TO RESCUE AND RESTORE OUR SERVICES. HOWEVER, WE WILL NOT BEAR ANY LIABILITY FOR ANY INCONVENIENCE AND LOSS OF INFORMATION OR DATA CAUSED DURING THE PERIOD OF SERVICE SUSPENSION.
Third-party Links and Service and Websites The Service and Websites may provide (1) third-party information and content; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. We are not responsible for the availability of such external sites or resources, neither are we responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You also understand and agree that Meshy shall not be directly or indirectly responsible or liable, for any damage or loss caused or alleged to be caused by or relating to use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
Confidentiality Except as otherwise set forth in these Terms, each party agrees that all code, inventions, know-how and business, technical and financial information disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any of our technology and any performance information relating to the Services will be deemed our Confidential Information without any marking or further designation. Except as expressly authorized herein, the Receiving Party will (1) hold in confidence and not disclose any Confidential Information to third parties and (2) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under these Terms. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know, provided that they are bound to confidentiality obligations no less protective of the Disclosing Party than this Section and that the Receiving Party remains responsible for compliance by them with the terms of this Section. The Receiving Party's confidentiality obligations will not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party, the Disclosing Party will be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law.
Termination 12.1. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice or liability to you, provided that if Meshy freezes your account and the termination is not due to your breach of these Terms, Meshy will provide you a pro rata refund of pre-paid unused fees unless, in our reasonable estimation, we are not legally permitted to do so (in which case any refund rights are null and void). 12.2. You may cease use of the Services at any time. If you are paying for a Subscription, you may terminate your Subscription. You may also cancel your Meshy account at any time by sending an email to [email protected]. 12.3. Upon any termination, discontinuation, or cancellation of Services or your Meshy account, the following provisions of these Terms will survive: Proprietary Rights, User Content and Feedback, Copyright and DMCA Takedowns Policy, Payment Terms; Confidentiality; provisions related to permissions to access User Content (to the extent applicable); Force Majeure; Modification; Applicable law and dispute resolution; Limitations of Liability; Termination; and the General provisions. Furthermore, we may remove or delete your User Content within a reasonable period of time after the termination or cancellation of Services or your Meshy account.
Force Majeure We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under Terms or other contracts when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident beyond our reasonable control, including, among others, the following: • Strike, lockout or other forms of protest. • Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war. • Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic or any other natural disaster. • Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private. • Inability to use public or private telecommunication systems. • Acts, decrees, legislation, regulations or restrictions of any government or public authority. • Strike, failure or accident in maritime or river transport, postal transport or any other type of transport. It is acknowledged that during the period in which Force Majeure remains in effect, our obligations deriving from Terms or other contracts are suspended. To fulfill these obligations, we will be given an extension of time equivalent in length to the time that the situation of Force Majeure lasted. In spite of the situation of Force Majeure, we shall utilize all reasonable resources to end the situation of Force Majeure or to find a solution enabling us to fulfill our obligations pursuant to the Terms or other contracts.