License Agreement

This License Agreement (the "License") sets out the rights you receive to the Assets you download from FoliMesh. It is concluded between individual entrepreneur Voliansky Filipp Andriyovych (ФОП Волянський Філіпп Андрійович), Kyiv, Ukraine, ІПН 3346817571 (the "Licensor", "we", "us"), and you (the "Licensee", "you"). The License forms part of the Terms of Use; terms defined there have the same meaning here. By downloading an Asset you accept this License.

1. What this License covers

1.1. This License applies to every Asset you export from the FoliMesh editor, receive through the API or MCP server, or obtain as part of a Pack from the catalog, including all of its levels of detail (LODs), meshes, textures, normal maps, materials, impostor images, preview images and parameter files.

1.2. This License does not transfer ownership of the Assets, the generation algorithms, the presets, the textures as a library, or any other part of the Service. You receive a licence to use the Assets; we retain all other rights.

1.3. This License is granted under Articles 1107–1110 of the Civil Code of Ukraine and the Law of Ukraine "On Copyright and Related Rights". Where these laws require a written form, accepting the License electronically satisfies that requirement.

2. Licence types

2.1. Free licence (Free plan)

Assets downloaded on the Free plan may be used only for non-commercial purposes: learning, personal projects, prototypes, game jams without paid entry or prizes, portfolio pieces and evaluation. You may not sell, monetise or publish for profit any product that contains Free-plan Assets, and you may not use them in client work.

If you later purchase a Download Pack or Subscription, Assets you download again while that Plan is active are covered by the commercial licence below. Assets downloaded earlier on the Free plan remain under the free licence until you download them again.

2.2. Commercial licence (paid Plans and Packs)

Assets downloaded while you hold a paid Download Pack balance or an active Subscription, and Assets from Packs you have purchased, are licensed to you under the following terms:

• perpetual — the licence does not expire, including after your Subscription ends;
• worldwide — the licence is valid in all countries;
• non-exclusive — we may license identical or similar Assets to others;
• royalty-free — no further payments are due regardless of the number of copies sold or the revenue of your product;
• irrevocable except in the case described in section 9.

3. What you may do (permitted uses)

Under the commercial licence you may:

• (a) incorporate Assets into video games for any platform (PC, consoles, mobile, web, VR/AR), including free-to-play, paid, ad-supported and subscription games, and sell or distribute those games without limitation on copies or revenue;
• (b) use Assets in films, animations, music videos, advertising, trailers, renders, illustrations, architectural and product visualisation, and in printed materials;
• (c) use Assets in simulations, training applications, metaverse experiences, real-time applications and interactive installations;
• (d) modify Assets in any way: change geometry, textures, colours, LODs and materials, combine them with other content, convert them to other formats;
• (e) use Assets in client work, where you create a game or product for a client and transfer it to them, provided the client receives the Assets only as part of the finished product and not as separate files;
• (f) share Assets inside your team — with employees and contractors working on the same project, provided each person uses them only for that project;
• (g) include Assets in marketing for your product: screenshots, videos, store pages, streams and social media.

You do not need to credit FoliMesh. A credit ("Vegetation created with FoliMesh") is welcome but optional.

4. What you may not do (restrictions)

You may not, whether for free or for payment:

• (a) resell, sublicense, share or redistribute Assets as standalone files or as part of an asset pack, model library, template, "kit", marketplace listing (including Fab, Unity Asset Store, CGTrader, Sketchfab, TurboSquid, itch.io asset pages and similar), open repository or file-sharing service — whether in original or modified form;
• (b) distribute Assets in a form that allows third parties to extract and reuse them separately from your product, for example as an unprotected file in a public download, in an open-source repository, or in a modding kit intended for redistribution of the source assets. Packing Assets into game builds, engine archives or standard runtime formats is allowed;
• (c) use Assets or the Service to create a product that competes with FoliMesh, including a vegetation generator, asset store or dataset of 3D vegetation;
• (d) use Assets as training data for machine-learning or generative AI models, or include them in datasets, except models used solely inside your own game or product and not made available to others;
• (e) mint, sell or trade Assets, or products where Assets are the main value, as NFTs or other tokenised digital items;
• (f) claim authorship of the Assets as standalone works, register them as your trademark or design, or prevent others from using identical Assets generated by them;
• (g) use Assets in content that is unlawful, defamatory, promotes hatred or violence against people, or infringes the rights of others;
• (h) remove or alter any licence notices included with the Assets.

5. Packs from the catalog

5.1. Each purchased Pack gives you the commercial licence (section 2.2) to every Asset in that Pack.

5.2. The licence to a Pack is personal to the buyer: one purchase covers one individual, or one company and its employees working on its projects. Agencies and studios that create projects for clients may use one Pack across multiple client projects, subject to section 3(e).

6. AI-assisted features

6.1. Where the Service uses artificial intelligence (for example, to turn your text into generator parameters or to create textures), the resulting Asset is still licensed under this License.

6.2. AI outputs may be similar to outputs produced for other users. We do not guarantee uniqueness of AI-assisted outputs and do not warrant that AI-generated textures are free of similarities to third-party works, although we use providers that offer commercial-use terms.

7. Uniqueness and identical Assets

Generation is deterministic: the same species, parameters and seed always produce the same Asset. Other users may obtain Assets identical to yours. Your licence does not give you exclusive rights and does not allow you to object to another licensee's use of an identical Asset.

8. Ownership of your products

You own your games, films and other products in which you use Assets, subject to our rights in the Assets themselves. We do not claim any rights in your products.

9. Termination of the licence

9.1. If you materially breach section 4 of this License, we may terminate your licence for the Assets concerned after written notice by email, provided that you do not cure the breach within 30 days of the notice, where a cure is possible.

9.2. On termination you must stop distributing new copies of products containing the affected Assets. Copies of your products already sold or distributed to end users before termination may continue to be used by those end users.

9.3. Termination of your Account or Subscription for any other reason does not terminate the licence to Assets you downloaded lawfully while your Plan was active.

10. Third-party materials

10.1. Some textures and reference materials used by the generator are produced with tools licensed for commercial use, or created by us. Where a specific Asset includes third-party material under a different licence, this will be stated in the files supplied with that Asset.

10.2. The generator code was inspired by the open-source project EZ-Tree by Dan Greenheck (MIT licence) and rewritten from scratch; no restrictions of that licence apply to your Assets.

11. Warranties and liability

11.1. We confirm that we have the right to grant this License for the Assets as delivered by the Service.

11.2. Assets are provided "as is". To the maximum extent permitted by law, we give no warranty that Assets are fit for a particular purpose, engine or performance budget.

11.3. If a third party claims that an Asset, as delivered by us and used in accordance with this License, infringes its intellectual property rights, notify us promptly at support@folimesh.com. We will, at our choice, modify or replace the Asset or refund the amount paid for it. Our liability under this License is limited as set out in section 12 of the Terms of Use.

12. Proof of licence

Your order history and download history in your Account serve as proof of your licence. Keep your Account email active. On request we will confirm in writing the licence status of Assets downloaded from your Account.

13. Governing law

This License is governed by the laws of Ukraine. Disputes are resolved as described in section 15 of the Terms of Use. The Ukrainian and English versions of this License are authentic; translations into other languages are provided for convenience.

14. Summary (not legally binding)

15. Contact

ФОП Волянський Філіпп Андрійович, 9 Boryspilska Street, Kyiv, 02099, Ukraine. Email: support@folimesh.com