End User License Agreement (EULA)

END-USER LICENSE AGREEMENT (EULA)

1. Scope of Application, Contracting Parties & Identity Verification

This End-User License Agreement (hereinafter referred to as the “EULA”) is a legally valid, worldwide agreement between you (hereinafter referred to as the “Licensee”) and Dream New Art – Owner: Kevin Möller, Fuldaer Straße 2, 97786 Motten, Germany (hereinafter referred to as the “Licensor”).

By completing a subscription or purchasing access on Whop.com, the Licensee accepts these terms and conditions in their entirety.

Duty of Truthfulness & Shop Registration: The Licensee is strictly obligated to provide only truthful, complete, and current information regarding their person, legal identity, business, and Discord username during the checkout process on Whop.com (as well as during any subsequent inquiries). Furthermore, the Licensee is obligated to provide the exact names, platform details, and URLs of all online shops through which the 3D-printed products are intended to be distributed.
Subsequent Reporting Duty for Platform Changes/Expansion: The Licensee is strictly obligated to immediately notify the Licensor in writing, via email or through the official Discord support channel, of any subsequent modification, addition, or expansion of their registered shops, platforms, or URLs (e.g., transitioning from Etsy to an independent Shopify store, or expanding additionally onto Amazon). Selling products on unregistered shops or platforms is strictly prohibited.

2. Definitions & Legal Explanation of License Benefits

The exact scope of services and unlocked benefits depend on the specific license tier actively acquired and paid for by the Licensee on Whop.com:

Commercial Use – Single Models (Basic & Business): Entitles the Licensee to commercially manufacture (exclusively via the 3D printing process) and sell physical products based on individual models that the Licensee has separately and verifiably purchased through the official Dream New Art shop on Cults3D. This license applies strictly only to those separately purchased files.
Commercial Use – Full Library (Partner): Entitles the Licensee to commercially manufacture (exclusively via the 3D printing process) and sell physical products from the complete digital model library of Dream New Art. This includes all current, future, and exclusive B2B models within the scope of the active subscription. A separate individual purchase of files is not required.
Social Media Cooperation (Business & Partner): Grants the Licensee the opportunity for an optional marketing and social media cooperation (e.g., reposts, tags) driven by the Licensor, provided this has been coordinated between the parties on an individual case-by-case basis. No legal claim to active promotion by the Licensor exists.
Business Discord Access (Business & Partner): Grants access to a closed, private B2B area on the official Dream New Art Discord server for the purpose of community exchange, support, and internal announcements.
Early Design Access (Partner): Grants the Licensee exclusive advance access to newly developed 3D models as well as the corresponding marketing and listing assets prior to their official public release, in order to enable early production and shop preparations.
Exclusive B2B Models (Partner): Grants access to specialized, highly exclusive 3D models that are unavailable to the general public and cannot be acquired through any other distribution channel.
Branding Integration (Partner): Offers the Licensee the option to have their own shop logo or brand lettering permanently integrated as a digital engraving into one (1) selected 3D model free of charge by the Licensor. Integration into additional models is optional and requires individual coordination as well as separate remuneration (contract work). A claim to unlimited modifications or the free processing of multiple designs does not exist.
Priority Support (Partner): Guarantees preferential, prioritized handling of all support inquiries regarding licenses, technical matters, or systems, with shortened response times.
Product Listing Assets (Coming Soon – Business & Partner): Includes the future right to utilize official product renderings and marketing graphics provided by the Licensor for the visual design of the Licensee’s own online shops and sales platforms.
Dealer Listing (Coming Soon – Business & Partner): Includes the future inclusion in the official, publicly viewable dealer directory of Dream New Art, including a direct link to the Licensee’s online shop.

3. Strictly Prohibited Actions (Usage Restrictions & Prohibitions)

Any violation of the points listed in this section constitutes a severe copyright infringement and a fundamental breach of contract:

Strict Prohibition of Modification (Design Protection): The Licensee is strictly prohibited from digitally or physically altering, adapting, manipulating, disassembling (reverse engineering), removing parts from, or adapting their own designs onto the provided 3D models. The models must be printed exactly in the form provided by the Licensor.
Strict Prohibition of Digital Distribution: The license strictly and exclusively authorizes the manufacturing and sale of physical 3D prints. Any form of digital distribution, digital transfer, sale, rental, gifting, or uploading of the original files (e.g., STL format) or parts thereof is worldwide strictly prohibited.
Strict B2C Restriction (No Wholesale / No B2B Distribution): The Licensee may sell the physically printed products exclusively directly to the end consumer (B2C). The sale to other business partners, resellers, retailers, distributors, wholesalers, or any other commercial intermediaries (B2B / wholesale) is expressly prohibited.
Limitation of the Manufacturing Process: Commercial utilization is strictly limited to the 3D printing process. Utilizing the data for industrial mass production, injection molding, the creation of casting molds, or serial manufacturing via other production methods is strictly prohibited.
Attribution of Authorship and Brand: The Licensee is obligated to clearly and legibly credit the creator on every online listing and during the physical sale of the printed products (e.g., “Design by Dream New Art”).

4. Term, Termination & Expiration of Rights

Coupling to an Active Subscription: All commercial usage rights (the sale of physical 3D prints) are strictly coupled to an uninterrupted, active, and fully paid subscription on Whop.com.
Immediate Expiration upon Termination: As soon as a subscription expires, is canceled by the customer, or a payment fails, the commercial usage rights expire immediately at the end of the last paid day.
Immediate Cease of Sales & Duty to Delete: From the exact moment the license expires, the customer is prohibited from offering, advertising, or selling any further physical products. All original digital files downloaded under a Partner license must be permanently and immediately deleted from all storage media of the Licensee. The sell-off of remaining stock is strictly prohibited.
Price Lock: The price valid at the time of concluding an active subscription remains frozen for the duration of the customer’s uninterrupted active membership. Price changes only affect new customers or reactivations following a cancellation.

5. Contractual Penalty, Termination for Good Cause & Damages

Immediate Termination for Good Cause in Case of Misrepresentation & Violations: The Licensor is entitled to terminate the license relationship as well as access to Whop.com and Discord for good cause with immediate effect and without prior notice, and to issue a complete ban. A good cause exists in particular in the event of violations of Section 3 (Prohibitions), unannounced sales on unregistered platforms, or if it transpires that the data provided by the customer at the time of purchase (identity, business, Discord name, shop URLs) is incorrect or untruthful.
Contractual Penalty (Adjusted to U.S. & International Case Law): For each case of culpable violation against the prohibition of digital distribution (Section 3.2), the prohibition of modification (Section 3.1), the B2C restriction (Section 3.3), or unauthorized commercial sale without an active license (Section 4), the Licensee agrees to pay a reasonable contractual penalty to be determined by the Licensor, which may be reviewed by the competent court in the event of a dispute. In the case of unauthorized digital redistribution of a file, this penalty shall amount to a minimum of EUR 5,000.00 (or the equivalent value in US Dollars) per affected file and individual instance.
Damages: The right of the Licensor to assert further damages (including lost profits and the costs of legal enforcement and prosecution) remains expressly reserved.
Intellectual Property: All copyrights, trademark rights, and intellectual property rights in the 3D models, renderings, and branding remain permanently, exclusively, and unrestrictedly with Dream New Art / Kevin Möller.

6. Exclusion of Warranty & Product Liability (Indemnity Clause)

“As-Is” Provision: The digital data is provided “as-is”. The Licensor assumes no warranty or guarantee that the 3D models will function error-free with the specific printers, slicing softwares, or filaments utilized by the Licensee.
Indemnification from Product Liability: The Licensee bears sole responsibility for the quality, stability, safety, and legal compliance (e.g., CE certifications, toy safety directives, where applicable) of the physical 3D prints manufactured by them. The Licensee fully indemnifies the Licensor against all liability claims, damages, or injuries arising from the physical objects produced by the Licensee and sold to end consumers.

7. Choice of Law, International Jurisdiction & Language

Choice of Law: This EULA shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Language: This EULA is provided to the Licensee online exclusively in the English language. However, the legal foundation remains the original German version. In the event of interpretation issues or discrepancies, the German version shall prevail.
International Jurisdiction: Insofar as the Licensee is an entrepreneur, a merchant, a legal entity under public law, or resides abroad (e.g., USA, UK, Asia, etc.), the exclusive place of jurisdiction for all disputes arising out of or in connection with this agreement shall be the registered seat of the provider (District Court of Fulda / Amtsgericht Fulda, Germany).