MotionUp Marketplace Terms

These Terms govern the Marketplace inside MotionUp, where users offer 3D assets to other users under a licence. They apply to everyone who lists an asset (a Seller) or acquires one (a Buyer). The Imprint and the Privacy Policy apply alongside them. The licence a Buyer receives is set out in the Asset Licence Agreement, which forms part of these Terms.

The Marketplace is operated by Mischel Schmitt, Heinrich-Heine-Straße 3, 10179 Berlin, Germany ("MotionUp", "we"). Contact: [email protected]. This address is also our single point of contact for authorities and users under Articles 11 and 12 of the Digital Services Act (Regulation (EU) 2022/2065).

The Marketplace is an intermediation service. MotionUp provides the storefront, the standardised licence texts, the credit settlement and the delivery of the file. The licence to an asset is granted by the Seller to the Buyer, not by MotionUp. MotionUp is not a party to that licence and does not become the owner of, or acquire rights in, listed assets beyond what section 5.6 sets out.

This is the same structure used by the established 3D marketplaces: the creator is the licensor, the platform supplies the licence wording and handles the transaction.

• Asset — a 3D model file (with its textures, materials and preview images) that a Seller offers on the Marketplace.
• Listing — an Asset together with its title, description, price and chosen licence tier.
• Credits — the unit of account inside MotionUp (section 4).
• Licence Agreement — the MotionUp Asset Licence Agreement in the version shown at the time of purchase.
• Consumer — a natural person acting for purposes outside their trade, business or profession (§ 13 BGB).
• Trader — a Seller acting in the course of a trade, business or profession.

Assets are priced and paid in Credits. Credits are obtained from MotionUp through a membership or a top-up purchase; their price in money is shown before you buy them. Credits have no cash value, cannot be redeemed for money, and cannot be transferred between accounts other than through a Marketplace sale.

There are two kinds of Credits. Allowance credits come with a membership and expire at the end of each membership period. Purchased credits come from top-ups and do not expire while the account exists. Seller earnings inherit the kind of credit the Buyer spent (section 5.7).

5.1 Who may sell

Any MotionUp account holder of full legal age may list Assets. If you act as a Trader, you must tell us before your first Listing goes live and provide the details required by Article 30 DSA (name, address, contact details, registration and, where applicable, VAT number, and a self-certification that you offer only lawful content). We may withhold or remove Listings until those details are complete. Traders' details are shown to Buyers on the Listing as the law requires.

5.2 What you may list

You may list only Assets that you created on MotionUp or uploaded to it, and for which you hold every right needed to grant the licence you selected. In particular, you may not list an Asset that:

• depicts or is derived from a character, vehicle, prop, logo, brand or design owned by someone else, unless you hold a written licence covering resale;
• was made from a reference image, scan, mesh or texture you were not entitled to use for this purpose;
• depicts an identifiable real person without their consent, or is sexual, violent, hateful, or otherwise unlawful;
• was generated by a model whose terms do not permit resale of its output. MotionUp checks the generating model automatically and blocks such Assets from being listed.

By clicking "List for sale" you confirm all of the above for that Asset and accept these Terms and the Licence Agreement as licensor.

5.3 AI-generated Assets

Most Assets on MotionUp are wholly or partly generated by AI. MotionUp records the generating model with the Listing and shows Buyers that the Asset was created with AI; you may not remove or contradict that label. You acknowledge that purely AI-generated output may not be protected by copyright, that similar or identical results may exist elsewhere, and that you therefore grant the Buyer a contractual licence and not exclusivity or ownership.

5.4 Review before going live

Every new Listing is reviewed before it can be bought. We approve a Listing when nothing indicates a breach of section 5.2. If we decline or later remove a Listing, we tell you why and how to object (section 8). Review does not shift responsibility for the Asset to MotionUp: you remain solely responsible for what you list.

5.5 The licence you grant

By listing, you offer every Buyer the licence tier you selected under the Licence Agreement. The tier, price and full licence text are fixed on the Buyer's receipt at the moment of purchase. Changing or removing a Listing later never affects a licence already granted.

5.6 Licence to MotionUp

You grant MotionUp a non-exclusive, worldwide, royalty-free licence to store, reproduce, display and make previews of a listed Asset for the purpose of operating the Marketplace, to deliver a copy to each Buyer, and to keep the copies delivered to Buyers after you delist or delete the Asset. This licence ends when the Listing is removed, except for copies already delivered and for records we must keep by law.

5.7 Earnings and platform fee

For each sale you receive the Listing price minus the platform fee. The fee is currently 20 % of the price and is shown next to the price field before you list. The fee in force at the time of a sale is recorded on that sale and is not changed retroactively. We give Sellers at least 30 days' notice before a fee change takes effect.

Earnings are credited to your MotionUp balance in Credits and can be spent on MotionUp immediately. Earnings inherit the kind of credit the Buyer spent: allowance credits spent by a Buyer become allowance credits for you and expire at the end of your current membership period; purchased credits stay purchased credits. There is no cash payout. Credits earned on the Marketplace cannot be exchanged for money.

5.8 Taxes

You are responsible for any tax consequences of Credits you earn. MotionUp does not issue invoices in your name and does not withhold or remit taxes on your behalf.

5.9 Delisting and deletion

You may pause or remove a Listing at any time. A Listing that has been sold is paused rather than deleted, so that Buyers' receipts remain intact. Deleting the Asset or your account does not revoke licences already granted, and copies already delivered stay with their Buyers.

6.1 What you receive

A purchase gives you a non-exclusive licence to the Asset under the tier shown on the Listing, on the terms of the Licence Agreement, and a copy of the file in your MotionUp library. You do not acquire ownership of the Asset or any exclusive right in it. The licence text and tier are frozen on your receipt at the moment of purchase and remain visible under Purchases.

6.2 Price and ordering

The price is shown in Credits on the Listing and again in the confirmation step before you order. A purchase is completed when you confirm that step; the Credits are debited and the file is copied to your library. Each Listing can be bought once per account.

6.3 Right of withdrawal (Consumers)

If you are a Consumer, you have a statutory right to withdraw from a contract for digital content within 14 days without giving reasons. That right expires early once delivery has begun, if you have expressly agreed that delivery starts before the withdrawal period ends and have confirmed that you know you thereby lose your right of withdrawal (§ 356 (5) BGB). The confirmation step asks you for exactly this consent, and delivery follows immediately after. If you do not give that consent, the purchase does not proceed.

Model withdrawal instruction. To withdraw from a contract where the right still exists, send an unambiguous statement (for example an e-mail to [email protected]) naming the Listing and the date of purchase. Sending it before the 14-day period ends is sufficient. The Credits spent are then returned to your balance.

6.4 Failed delivery

If the file cannot be copied to your library, the purchase is reversed automatically and the Credits are returned in full. You are never charged for a file you did not receive.

6.5 Defects and statutory rights

If a delivered Asset materially differs from its Listing (for example the preview does not match the file, or the file cannot be opened), contact us within 14 days of purchase. We will check the Listing and, where the complaint is founded, reverse the purchase. Your statutory rights in respect of digital products (§§ 327 ff. BGB) against the Seller remain unaffected.

6.6 Takedowns do not revoke your copy

If a Listing is later removed, your copy and your licence remain as they were at purchase. If the removal was for infringement of a third party's rights, we will tell you, and you should stop using the Asset in new work from that point; the Licence Agreement sets out the details.

6.7 Your duties

You may use the Asset only as the Licence Agreement permits. In particular you may not redistribute it as a standalone file, use it to train machine-learning systems, or claim to be its author. Use the Report link on a Listing if you believe it infringes someone's rights or breaches these Terms.

The following may not be listed, and Listings containing it are removed:

• third-party characters, brands, logos, vehicles or designs without a licence covering resale;
• content depicting identifiable real persons without consent;
• sexual content involving minors or the depiction of real persons; content glorifying violence or hatred; content that is otherwise unlawful in Germany or the EU;
• files containing malware, or Listings whose preview does not match the file;
• Assets whose generating model prohibits resale of its output.

Anyone may report a Listing through the Report link or by e-mail to [email protected]. A report should name the Listing, explain why the content is unlawful or breaches these Terms and, for rights claims, identify the right and the rights holder (Article 16 DSA). We acknowledge receipt, review every report by a human, and decide without undue delay. Nothing is removed automatically on the strength of a report alone.

If we remove or refuse a Listing, suspend earnings or an account, the affected Seller receives a statement of reasons (Article 17 DSA) and may object within 30 days by e-mail. We review objections by a human, and reinstate the Listing where the objection is founded. Repeated or manifest infringement leads to suspension of the Seller's ability to list. Reporters who repeatedly file manifestly unfounded reports may be barred from reporting.

Copies already delivered to Buyers are not withdrawn when a Listing is removed. Buyers are informed when a removal concerns third-party rights.

We may remove or refuse Listings, pause the Marketplace or restrict accounts where these Terms or the law are breached, where a claim by a third party makes this reasonably necessary, or to protect the service. We may change the platform fee prospectively with 30 days' notice and publish new versions of the Licence Agreement; a new version applies only to purchases made after its effective date, and every receipt keeps the version accepted at the time.

Assets are provided by Sellers. MotionUp does not verify that an Asset is fit for a particular purpose and is not liable for the content of Listings beyond its duties as a hosting provider under §§ 7–10 DDG and the Digital Services Act; on notice of an infringement we act as described in section 8.

MotionUp is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, and for guarantees it has expressly given. For slight negligence MotionUp is liable only for breach of an obligation whose fulfilment is essential to the contract and on which the user may regularly rely, and then only for the foreseeable damage typical of the contract. Any further liability is excluded. The same applies to the liability of our employees and agents.

We may amend these Terms for good reason, such as a change in law, a court ruling, or a change to the Marketplace itself. We announce changes at least 30 days before they take effect, by e-mail or an in-app notice. If you do not object before the effective date, the amended Terms apply; if you object, you may stop using the Marketplace and remove your Listings. Existing purchases are governed by the Terms and licence version in force when they were made.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a Consumer habitually resident in another EU member state, the mandatory consumer protection provisions of that state remain unaffected. For Traders, the courts of Berlin have exclusive jurisdiction.

MotionUp is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

Questions about these Terms, reports, objections and withdrawals: [email protected].