Hey all,
Over the last few days, while procrastinating from my actual day job, I have been thinking about the Commercial Use. I have put together a draft 1 of the agreement.
I would love to get your feedback. I think (might be wrong) but most of the agreement is sort of assumed. But please if you have concerns with any aspect of it, please let me know either via message or comments below.
The main thing I am thinking about is the cost. Is the cost fair? I fully accept you will want it to be as low as possible. - I have based these on an average sale of £40. personally I think a fully finished chastity cage, which is nice and smooth, is more than £40. closer to the £60-£70 mark (however it's your choice on how much you would sell the items for).
I full expect the majority to be in tier 1, which is 1-10 sales per month.
There are important things to highlight. Especially the territorial restrictions regarding the gas mask attachments. so check that out.
KB3D Commercial Use License Agreement
*Effective Date:* [Insert Date]
This Commercial Use License Agreement (“License”) is a legal agreement between KB3D (“Licensor”) and the Patreon subscriber (“Licensee”). By subscribing to a KB3D commercial use tier, the Licensee agrees to the following terms and conditions:
---
### 1. *Grant of Rights*
The Licensor grants the Licensee a non-exclusive, non-transferable license to:
- 3D print physical items using the digital files provided under their selected tier.
- Sell the resulting physical items for personal profit, subject to the restrictions outlined below.
---
### 2. *Restrictions*
The Licensee agrees to the following restrictions:
- *No Redistribution or Resale of Digital Files:* The Licensee may not share, distribute, or sell the digital files.
- *No Unauthorized Modifications:* The Licensee may not modify the digital files without prior written consent from the Licensor.
- *Non-Transferable License:* The license is granted solely to the subscribing Licensee and cannot be transferred or sublicensed to others.
- *Age Restriction:* The Licensee must be 18 years of age or older.
---
### 3. *Prohibited Uses*
The Licensee may not:
- Use the designs for illegal or harmful purposes.
- Use the designs in a way that damages the KB3D brand, such as misleading advertising.
- Use the KB3D brand name, logo, or trademarks for their own marketing or branding purposes, except for the required attribution.
---
### 4. *Territorial Restrictions*
- *KB3D Chastity Commercial (Group A):* Items may be sold worldwide.
- *KB3D Gas Mask Commercial (Group B):* Items may be sold only within the European Union (EU).
- *KB3D+ (Group C):*
- Chastity items may be sold worldwide.
- Gas mask items may be sold only within the EU.
---
### 5. *Attribution*
The Licensee must include the following attribution with all physical item sales:\
“Designed by KB3D.”
---
### 6. *Scope of Use*
The Licensee may subscribe to one of the following tiers:
- *Tier 1:* Allows sales of 1-10 items per month.
- *KB3D Chastity Commercial (Group A):* £20 per month.
- *KB3D Gas Mask Commercial (Group B):* £10 per month.
- *KB3D+ (Group C):* £30 per month.
- *Tier 2:* Allows sales of 11-20 items per month.
- *KB3D Chastity Commercial (Group A):* £40 per month.
- *KB3D Gas Mask Commercial (Group B):* £20 per month.
- *KB3D+ (Group C):* £60 per month.
- *Tier 3:* Allows sales of 21-50 items per month.
- *KB3D Chastity Commercial (Group A):* £50 per month.
- *KB3D Gas Mask Commercial (Group B):* £25 per month.
- *KB3D+ (Group C):* £75 per month.
- *Additional Sales:* Any items sold beyond 50 per month will incur an additional fee of £1 per item.
---
### 7. *Reporting Requirements*
The Licensee agrees to:
- Report sales numbers periodically (e.g., quarterly). or when requested by the Licensor
- Notify the Licensor of any issues or disputes arising from their use of the designs.
---
### 8. *Subscription and Termination*
- The license is valid only while the Licensee maintains an active subscription to the selected KB3D commercial use tier.
- Upon cancellation or expiration of the subscription, all commercial rights granted under this license will terminate immediately.
---
### 9. *License Enforcement*
- Any violation of this License may result in immediate termination of the Licensee’s rights.
- Serious breaches, such as redistribution of digital files, may result in legal action.
---
### 10. *Refund Policy*
- No refunds will be issued if the subscription is canceled mid-month.
- No refunds will be issued if the License is terminated due to a violation.
---
### 11. *Liability Disclaimer*
The Licensor is not liable for any issues arising from the use of the digital files or the physical items produced, including but not limited to defects, injuries, or legal claims.
- The Licensee is solely responsible for generating sales of the physical items they produce. This agreement does not guarantee any level of sales or success.
- The Licensee is responsible for all tax and legal obligations related to their sales, including but not limited to VAT, income tax, and business registration, if applicable. The Licensor is not responsible for monitoring or completing any such requirements.
---
### 12. *Intellectual Property Rights*
- All intellectual property rights to the digital files and any derivative works remain with KB3D.
- This license does not transfer ownership of any copyright or other intellectual property rights.
---
### 13. *Support Provided*
The Licensor will provide the following support to Licensees:
- *File Support:* Assistance with corrupt or missing files to ensure proper access and downloads.
- *Basic Printing Guidance:* General recommendations on print settings and materials, but not full troubleshooting.
- *License Clarifications:* Responding to questions about allowed usage under the license.
- *Design Updates:* Notification if existing models receive updates or improvements.
The Licensor does *not* provide:
- *Full technical troubleshooting* for printing issues.
- *Business consulting*, including pricing, marketing, or sales strategies.
---
### 14. *Patreon-Specific Terms*
- This license is governed by Patreon’s Terms of Service.
- Any disputes involving Patreon will be subject to their resolution process.
---
### 15. *Updates and Revisions*
The Licensor reserves the right to update or modify this License at any time. Subscribers will be notified of any changes, which will take effect 30 days after notification.
---
*By subscribing to a KB3D commercial use tier, you agree to the terms of this License.*