Please read these D5 Render Terms of Service along with the General Terms of Service (“General Terms”) (collectively “Terms”) carefully before using the D5 Render software (“D5 Render”) operated by Dimension 5 PTE. LTD in Singapore. (“D5,” “our”, “we” or “us”).
1.Ownership and License
Definition
“Content” means (a) any texts, files, audios, videos, designs, models, data sets, images, documents or similar material submitted or uploaded to D5 Render by you, or (b) any texts, files, audios, videos, designs, models, data sets, images, documents or similar material that may be developed by you using the D5 Render.
Ownership
As between you and D5, you retain all rights and ownership of the Content to the fullest extent possible under applicable law, D5 does not claim any ownership rights to the Content. All rights and ownerships pertaining to materials created by you when using the D5 Render shall remain vested with you or your licensor. There are some exceptions:
Processing of Your Content
D5 will not use your Content as training data for the Services or for developing new products or services without your express written consent.
When you use D5 Render, you grant D5 to the fullest extent permitted under the law a non-exclusive, worldwide, royalty-free, fully paid up, transferable, and sublicensable (only to the affiliates of the D5) license to do the following with your Content:
(a) process your Content using D5 Render through D5, and/or its affiliates, vendors, and partners as directed by you;
(b) store copies of your Content on our servers to enable uploads and maintain backups;
(c) display your Content solely to you within your account or device, and never to the public or other users unless you expressly authorize such display;
(d) modify your Content: such as generating image thumbnails and transforming your Content into other formats;
(e) provide your Content (such as text and images) to D5, and/or its affiliates, vendors, and partners to provide AI functions service (including translation, 3D generation, texture mapping, etc.) provided that such vendors or partners act solely on D5’s behalf, process your Content only as necessary to provide the requested AI functions, and do not use your Content for model training or for any independent purpose.
This license will terminate thirty (30) days after the termination of this Agreement, except as necessary to comply with legal obligations or to resolve disputes.
If we intend to use or share your Content for our own marketing or promotional purposes (e.g., posting your Content on social media as an exemplary outcome of D5 Render), we will communicate with you separately to obtain your consent and authorization.
Scene Capture & AI Processing Feature
You acknowledge and agree that D5 Render include an automated scene-capture function which may capture screenshots (or equivalent scene data) of your projects when you trigger or enable relevant AI features, including but not limited to the "Scene Atmosphere Optimization" feature and the "AI Enhancer" feature, as well as any other similar AI features that may be added in the future. By using that feature you hereby grant D5 and its affiliates, vendors and partners a non-exclusive, worldwide, royalty-free license to transfer, store, process and use such captured scene data solely for the purpose of generating reference images, deriving rendering parameters and providing the feature to you. D5 will not use such scene data for training its foundational models, or for other internal development, without your separate written consent.
You represent and warrant that you have all necessary rights, consents and licenses in relation to the scene data (including third-party content, personal data, export-controlled content or other restricted data) to be captured, processed and used in this way. You agree to indemnify D5 and its affiliates from any claims arising from your use of the feature in breach of that representation.
The derived rendering parameters and reference images output to you by the feature are subject to the same license terms as D5 Render: you are granted the right to use them in accordance with this Agreement, and D5 retains all rights not expressly granted to you.
Confidentiality Commitment
D5 warrants and agrees to treat the Content with strict confidence and will not (and cannot) disclose or sublicense it to any third party (except for D5’s affiliates, vendors, and partners) or the public without your prior written approval, except for as provided in the section below.
Responsibility
You are responsible for Content that you upload to the D5 Render and how you use D5 Render. Your content and actions must not violate the Terms or any applicable laws.
We are not responsible for the Content you or others may submit to our D5 Render.
You understand that we have no obligation to monitor the Content you upload. However, we reserve the right at all times, in our sole discretion, to screen Content uploaded by you and to delete, and/or refuse to accept the Content that in our sole determination violates these Terms or is otherwise unacceptable or inappropriate, whether for legal or any other reasons.
Without limiting the foregoing, you acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of D5, its users and the public.
D5 is committed to maintaining the security, privacy, and integrity of your data. We have implemented technical and organizational measures to further demonstrate our commitment to data protection.
Third-Party Software Output
You are solely responsible for ensuring that any content, files, or data you upload to D5 Render that originate from third-party software (including but not limited to Autodesk® products such as Revit®) comply with the applicable license terms, acceptable use policies, and other contractual or legal obligations of such third-party software.
D5 does not monitor or verify the source of your Content and shall not be responsible or liable for any violation of third-party license terms arising from your use of D5 Render. By uploading or submitting such Content, you represent and warrant that your use of such Content with D5 Render does not infringe or violate any third-party rights, terms, or applicable laws, and you agree to indemnify and hold D5 harmless against any claims, damages, or liabilities arising therefrom.
Third-Party Components
D5 Render incorporates panoramic viewing components licensed by a third party (krpano GmbH). When using such functionalities, Users must comply with the krpano license terms in addition to this Agreement.
Users may only use panoramic files generated by the software for personal or commercial display purposes, and must not:
(a) download and self-host the krpano viewer files without authorization;
(b) remove or obscure any krpano or D5 logos or user-interface elements;
(c) modify, decompile, sublicense, or redistribute the krpano components;
(d) use the krpano viewer to operate an independent hosting platform or service.
Panoramic image files (e.g., rendered JPG/PNG) belong to the User, who may freely store, edit, or otherwise use them. However, any display via the krpano viewer remains subject to these restrictions.
2.Material Library License Terms
Use of D5 Material Library
D5 provides access to a library of digital materials, assets, and samples (“Material Library”) within D5 Render. Certain materials in the Material Library may be indicated as either “Personal Use” or “Project Use” on the relevant page. Your rights to use such materials are determined by these indications.
Personal Use Materials
For materials indicated as “Personal Use”, and subject to your compliance with these Terms:
You are granted a non-exclusive, non-transferable, non-sublicensable, royalty-free, worldwide, and revocable license to download and use such materials solely for your own personal, internal, and non-commercial purposes.
You may not:
Project Use Materials
For materials indicated as “Project Use”, and subject to your compliance with these Terms:
You are granted a non-exclusive, non-transferable, non-sublicensable, royalty-free, worldwide, and revocable license to download, reproduce, modify, display, distribute, and incorporate such materials into commercial projects, including client deliverables, promotional materials, paid work, and other monetized uses.
This license does not permit you to:
Restrictions and Responsibilities
No Ownership Transfer
Except for the licenses expressly granted above:
Misuse and Over-Scope Liability
You acknowledge and agree that your rights to use any materials from the Material Library are strictly limited to the scope permitted by the usage scope assigned to each material (“Personal Use” or “Project Use”). Any use of such materials beyond the scope expressly permitted under these Terms constitutes unauthorized use and a breach of this Agreement.
If you use “Personal Use” materials for any commercial, promotional, paid, client-related or otherwise monetized purpose, or if you use “Project Use” materials in a manner prohibited under these Terms (including without limitation redistributing or reselling such materials in standalone form), or if you remove, alter, or obscure any usage label, metadata, or license designation associated with the materials, or otherwise exploit the materials in excess of the rights granted herein, you shall bear sole responsibility and liability for all consequences arising from such unauthorized use.
To the fullest extent permitted by law, you agree that D5 shall not be responsible or liable for any claims, demands, actions, damages, losses, penalties, or disputes brought by any third party as a result of your unauthorized or over-scope use of the materials. You further agree to indemnify and hold harmless D5, its affiliates, licensors, and partners from and against any such claims or liabilities arising from your breach of this Section.
3.D5 AI Features
Definition
You may be allowed to submit text, images, files or other content (“Input”) to [AI generated 3D model, AI generated 2D image] (collectively “D5 AI Features”) for processing and receive responses based on the Input (“Output”). Input and Output are collectively your “Content” (as defined above), and all provisions applicable to Content also apply to the Input and Output. You are responsible for Content that you upload, submit, transfer, post, publish, display, email, or otherwise transmit via the D5 Render and ensure that it does not violate these Terms or any applicable laws.
Ownership and License
As between you and D5, you retain all rights in the Input (to the extent you otherwise hold such rights). You hereby grant D5, to the fullest extent permitted by law, a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to copy, display, upload, perform, distribute, store, modify, and otherwise use the Input solely for the purpose of providing, maintaining, and improving D5 AI Features, including service performance and quality assurance. For avoidance of doubt, D5 will not use your Input to train, retrain, or otherwise improve generalized machine learning models that are used outside of the D5 AI Features without your explicit consent.
You represent and warrant that you own, or otherwise have the necessary rights to use, all rights, title, and interest in and to the Input, including, without limitation, any copyrights, moral rights, and rights of publicity.
You also own the Output. To the extent D5 holds any rights in the Output, we hereby assign to you all right, title, and interest we may have therein. You further grant D5, to the fullest extent permitted by law, a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to copy, display, upload, perform, distribute, store, modify, and otherwise use the Output only as necessary to operate and maintain D5 AI Features and ensure compliance with these Terms.
D5 will not publicly disclose, publish, or use your Output for marketing, training, or benchmarking purposes without your express consent.
Similarity of Content
Due to the nature of artificial intelligence generally, Output may not be unique, and other users may receive similar Output from D5 AI Features. This does not extend to other users’ output or any third-party Output. D5 does not share your specific Input or Output with other users.
Accuracy and Reliance
Artificial intelligence and machine learning technologies are rapidly evolving and inherently dynamic. We are committed to continually improving D5 AI Features to enhance their accuracy, reliability, safety, and overall usefulness.
However, due to the inherent limitations of the models, algorithms, and related technologies that power D5 AI Features, you acknowledge and agree to the following:
D5 disclaims any responsibility for decisions made or actions taken based on the Output and encourages users to apply human judgment in all cases.
Data Protection and Retention
D5 processes your Input and Output in accordance with its Privacy Policy. Input and Output are retained only for as long as necessary to provide the AI Features or as required by law. You may contact D5 to request deletion of your Input and Output to the extent permissible under applicable data protection laws.
