Terms and Conditions

These General Terms and Conditions govern your use of LUUX3D’s services, including our website (luux3d.com) and digital products. By accessing or using our Service, you agree to be bound by these Terms.

1. Definitions

The following terms (capitalized) have the same meaning in singular/plural form:

  • Agreement: Any contract between LUUX3D and the Client incorporating these Terms.
  • Application: Software developed or licensed by LUUX3D, provided as part of a Continuous Service.
  • Backup: A duplicate copy of Customer Data, stored separately from the original.
  • Client: Any natural person or legal entity using LUUX3D’s Service.
  • Continuous Service: Ongoing, non-project-based services (e.g., SaaS, subscriptions).
  • Customer Data: Data uploaded by the Client to LUUX3D’s Platform or systems.
  • GDPR: EU General Data Protection Regulation (2016/679).
  • IT Infrastructure: The Client’s physical/virtual environment (hardware, software, networks) used to access our Service.
  • Interface: Software enabling data exchange between LUUX3D’s Platform and the Client’s systems.
  • Malfunctioning: A Continuous Service disruption lasting >15 minutes, attributable to LUUX3D.
  • Month: A calendar month.
  • Platform: LUUX3D’s digital environment (including software) used to deliver Services.
  • Public Holidays: Official French holidays (e.g., New Year’s Day, Bastille Day) and any additional holidays agreed in writing.
  • Service: Activities performed by LUUX3D for the Client, as specified in the Agreement.
  • SLA: Service Level Agreement, detailing performance standards.
  • 3D Asset/Model: A digital representation of a physical product.
  • Weekend: Saturday and Sunday.
  • Working Days: All calendar days except Weekends and Public Holidays.
  • Working Hours: 9:00 AM – 6:00 PM CET on Working Days.

2. Applicability and Agreement Formation

  1. These Terms apply to all Agreements between LUUX3D and the Client, unless explicitly overridden in writing.
  1. LUUX3D rejects any conflicting third-party terms. Deviations from these Terms require written agreement.
  1. Offers from LUUX3D expire after 30 days unless otherwise stated.
  2. An Agreement is formed when:
    • Both parties sign a written contract, or
    • The Client confirms acceptance via email after receiving LUUX3D’s verification request.
  1. LUUX3D may terminate negotiations at any time without liability.

3. Timelines and Delays

  1. All deadlines are indicative. LUUX3D will notify the Client of delays and their impact on delivery.
  2. The Client must promptly report any issues affecting project timelines.

4. Pricing and Payment

  1. All prices are in euros (€), excluding VAT and government levies.
  2. Additional costs (e.g., travel, custom development) require the Client’s prior written approval.
  3. For usage-based pricing (e.g., 3D Assets, storage, users), LUUX3D’s measurement systems are binding. Reports are available upon written request.
  1. Annual Price Adjustments:
    • LUUX3D may increase prices by 3–5% per year.
    • For increases >5%, the Client may terminate the Agreement within 30 days of notification.
  1. Invoices are due within 30 days of issuance. Late payments incur:
    • 15% extrajudicial collection fees (minimum €250).
    • Statutory interest.
    • Suspension of Service after written notice.

5. Warranties and Performance

  1. LUUX3D warrants Services will be performed professionally and in accordance with the SLA.
  2. LUUX3D may subcontract work to third parties without liability.
  1. The Client’s warranty claims are void if:
    • The Client breaches the SLA or these Terms.
    • The issue stems from the Client’s IT Infrastructure or third-party systems.

6. Exit Arrangements

  1. Upon termination of a Continuous Service, the Client may request:
    • Data transfer/destruction.
    • Assistance with migration.
  2. If no request is made within 1 month of termination, LUUX3D may delete the Client’s data.
  3. All exit-related activities are billed at LUUX3D’s then-current rates.

7. Confidentiality

  1. Both parties must keep all Customer Data, Platform details, and business information confidential.
  1. LUUX3D will:
    • Redirect third-party data requests (e.g., government agencies) to the Client.
    • Notify the Client of such requests unless legally prohibited.
    • Only disclose data if required by law.

8. Intellectual Property

  1. LUUX3D’s IP:
    • All software, tools, and deliverables created by LUUX3D remain LUUX3D’s property.
    • The Client receives a non-exclusive, non-transferable license to use deliverables for the agreed purpose.
    • LUUX3D may use the Client’s project for promotional purposes (e.g., portfolio, case studies).
  2. Client’s IP:
    • The Client retains IP rights to 3D Assets/Models after paying all outstanding invoices.
    • The Client may not modify, distribute, or sublicense LUUX3D’s deliverables without written consent.
  3. Infringement:
    • Unauthorized use of LUUX3D’s IP entitles LUUX3D to compensation.

9. Indemnification

  1. The Client indemnifies LUUX3D against third-party claims arising from:
    • The Client’s breach of these Terms.
    • The Client’s misuse of Services or Customer Data.
    • IP infringement by the Client.
  1. LUUX3D indemnifies the Client for IP infringement claims only if:
    • The Client notifies LUUX3D immediately.
    • LUUX3D controls the defense.
    • The infringement is not the Client’s fault.

10. Duration and Termination

  1. Initial Term:
    • Continuous Services: Minimum 2 years from the start date.
    • The Client may not terminate during the initial term unless agreed in writing.
  2. Termination for Breach:
    • Either party may terminate with 30 days’ written notice if the other party materially breaches these Terms and fails to cure the breach within a reasonable time.
  3. Immediate Termination:
    • Either party may terminate immediately if the other:
      • Files for bankruptcy/suspension of payments.
      • Ceases operations (unless for restructuring).
      • Fails to meet financial obligations.
  4. Effect of Termination:
    • The Client remains liable for all outstanding payments.
    • LUUX3D may suspend access to Services immediately upon termination.

11. Liability

  1. Limits:
    • LUUX3D’s liability is capped at the total fees paid under the Agreement (or €50,000, whichever is lower).
    • LUUX3D is not liable for indirect damages (e.g., lost profits, reputational harm).
  2. Exclusions:
    • LUUX3D is not liable for:
      • Issues caused by the Client’s IT Infrastructure or third-party systems.
      • Data loss due to the Client’s failure to follow LUUX3D’s instructions.
      • Damages from the Client’s misuse of Services.
  3. Notice of Claim:
    • The Client must notify LUUX3D of damages in writing within 6 weeks of discovery.

12. Force Majeure

  1. Neither party is liable for delays or failures caused by:
    • Natural disasters, war, terrorism, or pandemics.
    • Supplier failures (non-attributable to LUUX3D).
    • Government actions or internet outages.
  2. If force majeure lasts >180 days, either party may terminate the Agreement with immediate effect.

13. Data Protection (GDPR)

  1. Roles:
    • Client: « Data Controller » (responsible for Customer Data).
    • LUUX3D: « Data Processor » (processes data on the Client’s behalf).
  2. Obligations:
    • The Client must ensure Customer Data complies with GDPR.
    • LUUX3D will implement appropriate security measures.
    • The Client must notify LUUX3D of any GDPR-related requirements.
  3. Indemnification:
    • Each party indemnifies the other for GDPR violations caused by their negligence.

14. Subcontractors and Transfer

  1. LUUX3D may use subcontractors without the Client’s consent.
  1. The Client may not transfer rights/obligations without LUUX3D’s written approval.

15. Client Obligations

  1. The Client must:
    • Provide accurate, complete, and timely information for Service delivery.
    • Comply with all applicable laws (e.g., GDPR, copyright).
    • Not use Services for illegal, abusive, or spammy activities.
    • Secure prior consent for bulk communications (e.g., email campaigns).
  1. LUUX3D may suspend Services if the Client breaches these obligations, with written notice.

16. Fair Use and Abuse

  1. LUUX3D reserves the right to:
    • Suspend Services for excessive use (e.g., server overload, spam).
    • Charge additional fees for abnormal usage.
  1. The Client must immediately address any abuse notifications from LUUX3D.

17. Governing Law and Disputes

  1. These Terms are governed by French law.
  1. Disputes will be resolved through:
    • Negotiation: Both parties must attempt to resolve disputes amicably.
    • Mediation: If negotiation fails, the parties will engage a neutral mediator.
    • Litigation: If mediation fails, disputes will be heard by the Paris Commercial Court (Tribunal de Commerce de Paris).
  1. In urgent cases, either party may seek interim relief from the Paris Court of First Instance (Tribunal Judiciaire de Paris).

18. General Provisions

  1. References: LUUX3D may list the Client as a reference (with or without a logo) unless otherwise agreed.
  2. Severability: If any provision is invalid, the rest of these Terms remain in effect.
  3. Amendments: LUUX3D may update these Terms with 30 days’ notice. Continued use of Services constitutes acceptance.
  4. Notices: All notices must be in writing (email is acceptable unless registered mail is required).
  5. Complaints: The Client must submit complaints in writing within 1 month. LUUX3D will respond within 5 Working Days.

19. Client’s Duty of Care

  1. The Client must:
    • Not disrupt LUUX3D’s Platform or IT Infrastructure (e.g., via malware, DDoS attacks).
    • Follow LUUX3D’s instructions to mitigate risks (e.g., security threats).
    • Use Services only for their intended purpose (no resale without written consent).
  1. LUUX3D may suspend Services immediately if the Client violates this clause, without liability.

Last updated: February 2026