Terms & Conditions

Effective June 20, 2024

The following comprises Terms of use. You can access Technical Support Polices here and the Privacy Policy here.

These Terms and Conditions (“Terms”) govern your use of KeyShot Inc. (“KeyShot”) websites or software referencing these Terms. Specifically, websites include www.keyshot.com and its subdomains. Software applies specifically to all versions of KeyShot and KeyShot Cloud (see definitions below). You may not use our website or software unless you agree to these terms, so please read them carefully. Before using the websites or software, you are required to read, understand, and agree to these terms. You may only use the website and software after reading and accepting these Terms and Conditions.

Definitions

KeyShot Website – The KeyShot website (https://www.keyshot.com) serves as a place of information about KeyShot software as well as access to various KeyShot services.
KeyShot Account – A KeyShot Account (https://account.keyshot.com) is single sign-on (SSO) access to KeyShot and multiple KeyShot-based services and features for users of the KeyShot software. A KeyShot Account allows users to manage personal information, order history, device authorization, license grants, team management, and access additional tools for software self-service. Users must sign up by creating a username and password. Purchases made via a KeyShot Account cannot be moved to another account without contacting sales and support.
KeyShot Cloud – KeyShot Cloud (https://cloud.keyshot.com) is a platform to search and share KeyShot resources. Resources include KeyShot Materials, Environments, Backplates, Textures, and Models. Resources do not include full scenes, documents, or personal user data. A KeyShot Account is required to use the functionalities on KeyShot Cloud. End-user participation on KeyShot Cloud is optional.
KeyShot Cloud Drive – KeyShot Cloud Drive is a service accessed on KeyShot Cloud. The service is for subscription license holders of KeyShot software that allows upload and use of KeyShot Cloud Drive. The service gives the user access to limited cloud storage and several features for sharing content. The cloud storage capacity is displayed when a user is logged into KeyShot Cloud under the My Cloud Drive menu. A KeyShot Account is required to access and upload content to KeyShot Cloud Drive.
KeyShot Community – The KeyShot community (https://community.keyshot.com) allows you to post questions, share content and take part in various user-centered challenges and activities. A KeyShot Account is required to take part in activities and post comments.
KeyShot Support – KeyShot Support (https://help.keyshot.com) is a service for current KeyShot users to read knowledge-base articles, submit help tickets and reference previous tickets, and discuss topics in the KeyShot Support forums. A KeyShot Account is required to submit a ticket and post comments.
KeyShot – KeyShot is a stand-alone, desktop application for Mac and PC. The software and software modules and plugins are downloaded directly to your computer and installed. Activation of the software occurs after the software is installed and the license is confirmed by the KeyShot license server via an internet connection. Activation information is the only information transmitted in the process. Upon installing the KeyShot software, users will be prompted to accept the End User License Agreement (EULA), which covers the licensing of KeyShot software. KeyShot license types are described below.
License Types
1. Subscription License – Each license is for one user only and may not be shared. Each user may access the license on up to three devices or machines. Subscription Licenses require the user to be signed in with a KeyShot Cloud Account and require an internet connection.
2. Node-Locked License – Users can fully operate the KeyShot software with no required connection to KeyShot websites.
3. Floating License (FlexLM) – Users that have purchased a Floating License for KeyShot will access their license using the FlexNet licensing tools by Flexera Software LLC. KeyShot Pro Floating and KeyShot License Manager are both provided by KeyShot Inc to enable the installation and usage of FlexNet licensing. The licensing server must be a single computer in your network. This computer will host your license file and will be referred to as the license server. The server should be a local central server dedicated for the FlexNet server software to be installed on and always connected to the network in order to maintain the license grants.
4. Education License – If we designate the services or software to be for use by educational users (“Education License”), then you may install and use the Education License if you are a student, faculty or staff member of an accredited academic institution. You may install and use the Educational License only (a) in the country where you are qualified as an educational use and (b) for educational purposes. You many not use the Education License for any commercial or revenue generating purposes of any kind. If you reside in the European Economic Area, then the word “country” in the prior sentence means the European Economic Area.

Your Agreement With KeyShot
1. Choice of Law. Your relationship is with KeyShot, a United States company, and you agree to be bound by the laws of California and the laws of the United States.
2. You agree that KeyShot can use the data you provide to us in accordance with our Privacy Policy, which is incorporated herein by reference.
Your Content
1. Ownership: You retain all rights and ownership to your content. KeyShot does not claim any ownership rights to your content.
2. License to Your Content: Even though we do not claim ownership of your content, we do need certain licenses to your content to support the website and software. When you upload or submit content to the website or KeyShot Cloud, you grant KeyShot (and our partners) a worldwide license to communicate, distribute, host, make modifications or derivative works (for the sole purpose of better showcasing your work), publicly display, publicly perform, publish, reproduce, store, and use such content. The license granted by you is for the only purpose of operating, marketing, promoting, and improving our website and software. We will provide attribution to you if we incorporate your content into a KeyShot feature or into promotional or marketing materials.
3. Accessing and Sharing Your Content: By submitting your content to our website or software, you also give other KeyShot users the right to share your content via various social media platforms integrated with KeyShot services. We may offer you ways to access and remove your content. Our website and software may also provide ways for you to limit the scope of use and access other users’ access and use of your content. You are responsible for determining the limitations that are placed on your content and for applying the appropriate level of access to your content. We do not monitor or control what others do with your content. It is your responsibility to let other users know how your content may be shared and adjust the setting related to accessing and sharing your content accordingly.
4. Termination of License: You may terminate this license at any time by requesting your content be removed from the website or software. However, you agree that KeyShot may retain and use copies of your content for archival or backup purposes and for the investigation purpose mentioned later.
5. Feedback: You have no obligation to provide KeyShot with ideas, suggestions, or proposals (“feedback”). If you submit feedback to KeyShot, we may use it for any purpose without compensation to you and have no obligation to keep your feedback confidential.
6. Storage: We recommend that you back up your content elsewhere regularly if the services provide storage and this functionality is enabled by the applicable services. We may create reasonable technical limits on file size, storage space, processing capacity, and other technical limits. We may suspend the services until you are within the storage space limit associated with your account. At the end of your license term, we will use commercially reasonable efforts to allow you to transition your content out of the services. The transition must be completed within 30 days from the date of the termination or expiration of your license term. At the end of this 30-day transition period, we reserve the right to delete your content.
Who Can Use Our Website or Software
1. Software Eligibility: You may only use our website and software if you are legally capable of entering into a binding contract.
2. International Users: Pages describing the website and software are accessible from around the world, but this does not mean all features are available in your country, or that user-generated content is legal in your country. KeyShot may block access to certain features or content in certain countries. It is your responsibility to make sure your use is legal in the country where you live. Content is not available in all languages.
Account Information
1. You may need to create an account with us to use our website and software. It is your responsibility to keep your login credentials secure and you are responsible to KeyShot for all activities that occur via your account. Unless KeyShot expressly allows you the right to create and manage account information as an account administrator for a company or as part of a team account, you may not use another person’s account information.
User Conduct
1. Do Not Abuse the Website and Software: Please don’t use the website or software to do anything unlawful, infringing, disruptive, harmful, threatening, abusive, tortious, defamatory, libelous, lewd, profane, obscene, hateful, or otherwise objectionable. While you are free to promote your creative work and resources on KeyShot, do not spam other users via messaging or comments. Do not phish or collect other people’s information without their consent. Do not frame our website or software without our approval. Do not copy or imitate our design, layout, or look-and-feel. Only use our website or software to post your own creative work and resources. Do not use the website or software as a generic resource hosting service such as commercial content available for purchase on another site. Do not copy and share resources created by others as your own. Always provide attribution for derivative work. If KeyShot decides that your conduct violates the Terms of Use or our Privacy Policy available, which are incorporated here by reference, we may remove your content or disable your use at any time, with or without notice to you.
2. Impersonation: Because KeyShot is all about professionals receiving credit for what they create, we require that you (and you agree to) use your real name in your profile. If we in good faith believe that you have created an account impersonating another person, we may, in our sole discretion and after an internal investigation, either transfer your account to the person whom you are pretending to be or terminate your account with no liability to you.
3. Tell Us If You See Others Abusing the Website or Software: Please report any problematic behavior or content you see by contacting us (or clicking the “Report” button where applicable) to tell us about it.
Use of Our Website and Software
1. Certain features and content may be available only if you have paid a fee or have provided certain account information.
2. Unless otherwise stated in a separate agreement, we are not responsible for (a) the loss, corruption, or damage to your content, (b) the deletion or accuracy of your content, or (c) the security, privacy, or communications related to your content.
3. We may create limits on the use of website and software, including limitation on file size and storage space. KeyShot may require you to delete your content until you are within certain storage space limits.
4. We may include links to websites or services that we do not operate. We have no control over and are not responsible for the content appearing on these websites or services.
5. User-Generated Content: The websites host user-generated content from our users. If you access our website, you may come across content that you may find offensive or upsetting. You agree that if the content at issue meets the Terms, your sole remedy is to simply stop viewing the content that bothers you. If the content violates the Terms, you agree your sole remedy is to tell us by contacting us (or clicking on the “Report” button where applicable).
6. The KeyShot software uses tools to collect anonymous information on customer use of the software to identify trends and bugs, collect usage statistics, and track other data related to the software for the purpose of identifying needed improvements. You may opt-out of analytics collection at the time of installation or via the preference sections of the software. By agreeing to allow KeyShot to collect analytics, you consent to the collection, processing, use, and transfer of data in the manner and for the purposes set out in this Agreement.
Investigations
1. We do not review all content uploaded to the website or software, but we may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted).
2. KeyShot may access or disclose information about you, or your use of website or software, (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) where we, in our discretion, think it is necessary to protect the rights, property or personal safety of KeyShot, our users, or the public.
KeyShot’s Materials
1. KeyShot Resources: The website and software and any trademarks, logo, sample code, or other content and assets (“KeyShot Resources”) that KeyShot provides to you as part of the website and software are protected by intellectual property rights. Using our website and software does not give you ownership of any such intellectual property rights. You may not use content accessible from our website and software unless you obtain permission from its owner or are otherwise permitted by law. You are not permitted to use KeyShot’s trademarks and logos related to the website and software without our prior consent. Do not remove, obscure, or alter any text or proprietary notices contained in the KeyShot Resources. You may not use the KeyShot Resources to construct any kind of database.
2. Software: If we make certain software available to you as part of the website and software (other than KeyShot API, which is licensed below), then the software may be subject to a separate license agreement. If the software is a pre-release version, then the pre-release software is provided to you AS-IS and you are not permitted use the software for any commercial or production purposes (unless we have given you specific written permission stating otherwise). If no such separate license agreement is available, then KeyShot grants you a personal, non-transferrable, non-sublicensable license to use the software solely for the purpose of allowing you to use the services in the manner permitted in these Terms. You may not copy, modify, distribute, sell, or lease any part of the website or software, nor may you reverse engineer or decompile the software unless laws prohibit these restrictions and you have made a written request to us first. The software may automatically download and install updates from KeyShot. These updates are designed to improve and enhance the software and may take the form of bug fixes, new software modules, and completely new versions. You agree to receive such updates (and permit KeyShot to deliver these updates to you without your knowledge) as part of your use of the software.
  1. Software Orders: For processing software orders, delivery of the software license code(s), and providing software renewals, we use Verifone (2Checkout). For terms on orders, payment, refunds, and more, please see 2Checkout Terms & Conditions.
  2. Software Access and Resources: To centrally manage access to all KeyShot resources, we use Amazon Web Services (AWS) IAM Identity Center. For more information, please see AWS Terms and Conditions.
3. KeyShot API: If we make the KeyShot API available to you as part of the software, then we grant you a personal, non-exclusive, non-sublicensable license to use the KeyShot API solely for non-commercial purposes in a manner permitted in these Terms (unless we have given you specific written permission stating otherwise) and further subject to the following restrictions:
  - You shall comply with any requirements or restrictions imposed by content owners for the use of their content or project available through our website and software. You shall remove any such content or project from your application within 24 hours of the content owner’s request.
  - You shall have your own privacy policy for your application describing your data privacy and data collection practices.
  - You shall not use KeyShot API for any application that replicates or attempts to replace the essential user experience of our website and software.
  - You shall not conceal or obscure your identity or your application’s identity.
  - You may not copy, modify, distribute, sell, or lease any part of the KeyShot API, nor may you reverse engineer or decompile the KeyShot API unless laws prohibit these restrictions and you have made written request to us first.
  - You shall not cache or store any KeyShot Resources other than as necessary to operate your service (but no more than 30 days).
  - You shall not use KeyShot API for any application related to spyware, adware, or other malicious programs or code.
  - You shall not use KeyShot API in any manner that violates any law or regulations or infringes any third-party rights, including the right of privacy or rights of publicity.
  - You shall not use KeyShot API in a manner that would adversely impact the stability of our website and software or other applications using the KeyShot API.
  - The KeyShot API license shall terminate automatically if you violate any of these terms or if KeyShot terminates the license at any time upon notice to you.
Your Warranty and Indemnification Obligations
1. You represent and warrant that you own all intellectual property rights (or have obtained all necessary permissions) to your content and have the right to grant us the license stated in Section 2.2 above.
2. You also represent and warrant that your content will not violate or infringe any intellectual property right or other proprietary rights, including the right of publicity or privacy, of any person or entity.
3. You agree to indemnify and hold KeyShot and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your content, your use of the website and software or KeyShot Resources, your violation of the Terms, or your violation of any rights of another.
Our Disclaimer of Warranties
1. You acknowledge and agree that by accessing or using the website and software, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk. Views expressed on our website or through our website and software do not necessarily reflect our views. We do not support or endorse certain content posted by you or other users. Certain content from others may be incorrectly labeled, rated, or categorized.
2. Although we do what we can to provide security measures to protect your content, we are not liable for any damages resulting from the disclosure of your content.
3. Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, SOFTWARE AND KEYSHOT RESOURCES ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE WEBSITE OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SOFTWARE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE WEBSITE OR SOFTWARE WILL BE CORRECTED.
Our Limitation of Liability
1. Limitation of Liability: IN NO EVENT SHALL KEYSHOT, AND KEYSHOT’S LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER.
2. KEYSHOT AFFILIATES’ AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO US $100 OR THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE WEBSITE OR SOFTWARE DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS LARGER.
3. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
Settling Disputes With KeyShot
1. Any dispute you have with KeyShot must be resolved by you in a court located in Orange County, California, unless otherwise agreed in writing. You agree to the personal jurisdiction of the federal and state courts located in Orange County, California.
2. Disclaimer: You and KeyShot each disclaim the U.N. Convention on Contracts for the International Sale of Goods. We both agree it does not apply to the website or software.
Termination
1. You can stop using our website or software at any time.
2. We may add, modify, or remove licenses, features, services or functionalities, and we may suspend or stop a feature. We may also stop providing access to you or add or create new limits to our website or software at any time.
3. Any fees, software purchases, or renewals that you paid prior to termination are not refundable. Termination of your account does not relieve you of any payment obligations. For cancellation of subscription licenses, see Section 14 below.
4. If a website or software is terminated or discontinued, then we will make reasonable effort to notify you and provide an opportunity to retrieve your content. If a KeyShot administrator terminates your access, then you may no longer be able to access content that you or other members have posted. You may, however, still access your content stored on your personal account.
5. At the end of your license term, we will use commercially reasonable efforts to allow you to transition your content from KeyShot Cloud, if applicable. The transition must be completed within 30 days from the date of the termination or expiration of your license term. At the end of this 30-day transition period, we reserve the right to delete your content. You should download any content that you have stored on KeyShot Cloud before your license ends.
Subscription License and Renewal
1. The Subscription License period begins upon completion of the Order (“Subscription Start Date”) and continues for a period of twelve (12) months to the “Subscription End Date”, unless terminated earlier in accordance with these Terms.
2. A Subscription License will automatically renew (“Subscription Commencement Date”) for an additional twelve (12) months on the day of the Subscription End Date, unless Licensee elects to turn off the Auto-Renewal feature in KeyShot Account for Subscription Licenses, or the license is terminated in accordance with these Terms.
3. KeyShot reserves the right to increase the License Fee for Subscription Licenses if it notifies Licensee at least thirty days (30) days’ notice of the increase prior to the relevant Subscription Renewal Date.
Cancellation & Refund Policy
1. As a consumer only, you have the right to cancel your Subscription within 14 days from the Subscription Start Date or a Renewal Commencement Date without giving any reason.
2. PLEASE NOTE THAT THIS RIGHT TO CANCEL DOES NOT APPLY IF YOU HAVE ALREADY ACTIVATED THE PRODUCT. ONCE THE PRODUCT IS ACTIVATED, IT IS CONSIDERED IN USE, AND THE CANCELLATION PERIOD NO LONGER APPLIES.
3. To exercise the right of cancellation, you must inform KeyShot of your decision to cancel. You may submit your request by sending an email to sales@keyshot.com.
4. If you cancel the Subscription, we will reimburse to you all payments we received from you no later than 30 days from the day on which we receive your decision to cancel the Subscription. For such refund, we will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees because of such refund.
Notices
1. Notice to KeyShot: Unless the Terms or Additional Terms say otherwise, you must send any notices to: 575 Anton Blvd, Suite 650, Costa Mesa, CA 92626
2. Notice to You: KeyShot will give notices to you either via email, regular mail, text message, postings on or within the website or software, or other means reasonable for the type of notice provided.
Notification of Copyright Infringement
1. We respect the intellectual property rights of others and we expect our users to do the same. KeyShot will respond to clear notices of copyright infringement consistent with the U.S. Digital Millennium Copyright Act (“DMCA”).
2. Notifying Us of Copyright Infringement: If you believe the website or software is hosting content that infringes your copyright, please let us know by filling out the form that you will find here. If you would prefer to submit a notice to our Copyright Agent (address below) in writing, it must contain all of the following:
  - A description of the copyrighted work(s) you believe are infringed.
  - The exact location (URL) where the infringing material resides.
  - Contact information so that we may reach you (email address, physical address or telephone number).
  - A statement by you that you have a good-faith belief that the use of the material identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  - A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  - Your signature.
3. Before Notifying Us: Before you file an infringement notice, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. Please also check to make sure you haven’t authorized the use at issue (for example, whether you have given a creative professional who prepared materials for your company the right to use those materials as examples of his or her past work). If you are unsure whether the use of your copyrighted material constitutes infringement, please contact an attorney. You may also wish to consult publicly available reference materials such as those found at the U.S. Copyright website (https://www.copyright.gov) or at the Chilling Effects website (https://www.chillingeffects.org).
4. If you believe access to your content was disabled or removed by KeyShot as a result of an improper copyright infringement notice, please send our Copyright Agent (contact information below) a written counter-notice that contains all of the following:
  - A description of the work improperly removed, along with your username and the location where that work resided.
  - Contact information so that we can reach you, such as email address, your physical address and telephone number.
  - A statement under penalty of perjury, signed by you, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
  - A statement that you consent to jurisdiction of the Federal District court for the district where you reside (or of Orange County, California if you reside outside of the United Sates) and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of such person.
  - Before you file a counter-notice, please carefully consider whether or not your use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court decides your counter-notice misrepresented that the material was removed by mistake. If you are unsure whether the use of the material at issue constitutes infringement, please contact an attorney. In addition, you may wish to consult publicly available reference materials such as those found at the U.S. Copyright website https://www.copyright.gov or at the Chilling Effects website (https://www.chillingeffects.org)
5. The mailing address for the KeyShot Copyright Agent is:
  Copyright Agent
  KeyShot, Inc.
  575 Anton Blvd, Suite 650
  Costa Mesa, CA 92626
  Via email: info@keyshot.com
About these Terms
1. Export Control: You acknowledge that the website and software, and your use and handling of the website and software, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the website and software. You agree to comply with all such laws, restrictions, and regulations.
2. English Version: The English version of this agreement will be the version used when interpreting or construing this agreement.
3. Severability: If a court finds any section of the Terms or Additional Terms invalid or unenforceable, the rest of the Terms or Additional Terms still apply.
4. No Waiver: If we don’t enforce (or delay enforcement) of the Terms or Additional Terms against you, we haven’t waived our enforcement rights.
5. Assignment or Transfer: You cannot assign or transfer your rights or obligations under this agreement to someone else without KeyShot’s written permission. We can transfer our rights and obligations to you (if we are acquired by or merge with another company or otherwise) without your permission.