Terms & Conditions

These Terms & Conditions ("Terms") govern the services provided by Go3DViz, LLC ("Go3DViz") to the client identified in the applicable proposal, estimate, invoice, statement of work, or other written agreement ("Client").

By approving a proposal, submitting payment, authorizing work to begin, or otherwise engaging Go3DViz for services, Client agrees to these Terms. A project-specific proposal, estimate, statement of work, or other written agreement may establish additional terms for that project.

1a.Go3DViz provides 3D product rendering, animation, visualization, modeling, and related services as described in the applicable project proposal or written agreement.

1b.Each project proposal may specify the applicable scope of work, deliverables, pricing, estimated schedule, resolution, animation duration, number of images or views, revisions, and other project-specific requirements.

1c.All project pricing is provided as a custom quote based on the scope of work, specifications, materials, deliverables, and schedule described in the applicable project proposal or written agreement.

1d.Once the project scope and pricing have been agreed upon, the quoted project fee is fixed for that agreed scope. If Client requests changes to the scope, specifications, materials, deliverables, schedule, or other project requirements, Go3DViz may provide a separate written quote for the additional work before beginning that work.

1e.If a project-specific agreement conflicts with these Terms, the project-specific agreement will control only with respect to the conflicting provision.

2a.The agreed project fee and schedule are based on the scope and information available when the project is quoted.

2b.Changes to the project may result in additional fees or changes to the delivery schedule, including: changes to the project scope or specifications; additional deliverables or views; changes to Client-provided materials after work has begun; additional revisions or iterations beyond the included scope; delays in receiving Client feedback, approvals, materials, or information; project pauses or postponements; changes that require previously completed work to be repeated; and third-party materials, services, or other circumstances outside Go3DViz’s reasonable control.

2c.Any additional work will be quoted separately when reasonably possible and will not be performed without Client approval, except where otherwise agreed in writing.

2d.Animation Duration — For animation projects, the agreed animation duration will be identified in the applicable proposal. Unless otherwise stated, the quoted fee allows for an animation duration within 10% of the agreed duration. Material changes beyond this allowance may result in an adjustment to the project fee.

3a.Unless otherwise specified in the applicable proposal or agreement, Go3DViz requires a 50% deposit before beginning a new project. Go3DViz may also require an upfront payment for subsequent projects, particularly projects with a total value of $5,000 or more.

3b.Unless otherwise agreed in writing, the remaining balance is due within 30 days of project completion or delivery of the Final Deliverables, whichever occurs first.

3c.Go3DViz may suspend work, withhold Final Deliverables, or delay delivery if an undisputed payment becomes overdue.

3d.Credit-card payments will incur an additional 3% payment-processing fee, disclosed before payment and charged only where permitted by applicable law and applicable payment-network rules.

3e.Late Payments — Invoices are subject to a 30-calendar-day grace period following the applicable due date. After the grace period, any undisputed unpaid balance may accrue a late payment charge equal to 5% of the outstanding balance per month, beginning on the date the grace period expires and continuing until the balance is paid in full. The late payment charge will be calculated on a non-compounding basis and will not exceed the maximum amount permitted by applicable law. Client will also be responsible for reasonable costs incurred by Go3DViz in collecting overdue amounts, including reasonable attorneys’ fees and collection costs, to the extent permitted by applicable law.

4a.A project will be considered ready to begin when: any required upfront payment has been received; and Go3DViz has received the materials and information reasonably necessary to begin the work.

4b.The project schedule will be based on the date the project is ready to begin and may be adjusted based on Client feedback, approvals, changes, delays, or other project circumstances.

5a.Client is responsible for providing accurate and complete materials reasonably required to perform the services, including, where applicable: CAD files and 3D models; product specifications; dimensions and technical information; logos, labels, graphics, and artwork; product photography, physical product samples, or visual references; written copy; creative direction and reference materials; and other information reasonably requested by Go3DViz.

5b.Client represents that it has the necessary rights, licenses, permissions, and authorizations to provide these materials to Go3DViz and to authorize Go3DViz to use them for the project.

5c.Go3DViz is not responsible for errors, delays, or additional costs resulting from inaccurate, incomplete, outdated, or contradictory information supplied by Client.

6a.Unless otherwise specified in the applicable proposal, two rounds of revisions are included within the original project scope.

6b.A revision means a modification to an existing creative direction or deliverable that remains within the agreed project scope.

6c.Changes to product specifications, creative direction, composition, camera direction, environment, animation concept, deliverables, or other previously approved elements may constitute additional work and may be quoted separately.

6d.Revisions resulting from incorrect or incomplete information supplied by Client may also be subject to additional fees.

6e.Go3DViz will not charge additional revision fees for corrections resulting from an error or oversight by Go3DViz.

6f.Client Feedback — Client agrees to provide clear, consolidated feedback and approvals within a reasonable period of time so that the project can remain on schedule. When multiple individuals are involved in a project, Client should provide consolidated feedback through a designated representative whenever reasonably possible. Delays in receiving feedback, approvals, materials, or other information from Client may result in a corresponding change to the project schedule and delivery date. If Client does not provide requested feedback or approval within the timeframe reasonably communicated by Go3DViz, Go3DViz may adjust the project schedule based on its then-current availability. If Client delays substantially affect production scheduling or require work to be repeated or rescheduled, additional fees may apply.

7a.For animation projects, Go3DViz may provide preview sequences, animatics, test renders, or representative frames for Client approval before final rendering.

7b.Client approval of an animation preview constitutes approval of the creative elements represented in that preview, including, as applicable, camera movement, timing, composition, lighting, materials, animation, and other approved elements.

7c.Changes requested after approval that require substantial re-rendering may result in additional fees regardless of whether the included revision rounds have been exhausted.

7d.Animation re-rendering fees may be based on the amount of additional rendering and production work required.

8a.Rush services may be available on a project-by-project basis.

8b.When reasonably possible, Client should provide Go3DViz with advance notice of an upcoming rush project so that Go3DViz can evaluate availability, staffing, scheduling, and project requirements.

8c.When accepted by Go3DViz, rush services may be subject to an additional fee of 25% of the project fee, with a minimum rush fee of $1,000, unless otherwise quoted.

8d.Rush projects may require a compressed production schedule that limits the time available for feedback, revisions, approvals, and creative iterations. Client acknowledges that the rush schedule may not allow for the same number or depth of iterations that would be available under a standard project timeline.

8e.Go3DViz will make every reasonable effort to meet the agreed rush deadline, provided Client supplies all required materials, feedback, approvals, and payments on time.

8f.Rush availability and scheduling are determined by Go3DViz based on production capacity and project requirements.

8g.If Client requests additional changes, revisions, or iterations after the rush delivery date, Go3DViz may complete that work subject to its then-current availability and may charge additional fees.

9a.Client may cancel a project by providing written notice to Go3DViz.

9b.Upon cancellation, Client will be responsible for payment for all work completed through the effective date of cancellation, as well as approved expenses and non-cancellable third-party costs incurred for the project.

9c.Any deposit or advance payment will be applied toward amounts owed.

9d.Go3DViz may suspend or terminate work if Client fails to make required payments, provide necessary materials, provide feedback or approvals, or otherwise prevents the project from progressing.

9e.If a project remains inactive for an extended period due to Client delays, Go3DViz may consider the project suspended or abandoned and may require a new schedule, revised quote, or additional fees before resuming work.

10a.“Final Deliverables” means the final images, animations, models, or other outputs specifically identified in the applicable proposal or written agreement.

10b.Final Deliverables will be provided after the applicable project requirements have been completed and required payments have been received.

10c.Client is responsible for reviewing deliverables and identifying errors or requested revisions during the review process.

10d.Client approval of a deliverable, whether provided expressly in writing or demonstrated by authorization to proceed to final production, constitutes approval of the elements presented for approval.

10e.Go3DViz is not responsible for errors that were reasonably identifiable during the review and approval process and were not communicated to Go3DViz before final delivery.

11a.Client Materials — Client retains all ownership rights in materials supplied by Client, including CAD files, product designs, trademarks, logos, photographs, artwork, copy, and other proprietary materials. Client grants Go3DViz a limited, non-exclusive license to use those materials solely as necessary to perform the services.

11b.Final Deliverables — Upon Go3DViz’s receipt of full payment for a project, Go3DViz assigns to Client all of Go3DViz’s right, title, and interest in the copyright rights owned by Go3DViz in the Final Deliverables specifically identified in the applicable proposal or agreement. This ownership transfer applies only to the Final Deliverables and does not transfer ownership of Go3DViz’s pre-existing materials, source files, working files, software, scripts, tools, templates, techniques, processes, know-how, reusable assets, or other production materials.

11c.Source & Production Files — Unless expressly included in the applicable proposal, editable source and production files are not part of the Final Deliverables. This may include, without limitation: 3D scene files; animation project files; working files; textures and material libraries; lighting setups; source models created by Go3DViz; scripts and tools; project files; production templates; and other internal production assets. Source files may be purchased separately if Go3DViz agrees to provide them. Source-file fees begin at 30% of the applicable project fee or $1,000, whichever is greater, unless otherwise quoted. Some source materials may be subject to third-party ownership or licensing restrictions and therefore may not be transferable.

12a.Each party agrees to protect confidential information received from the other party and to use such information only as reasonably necessary to perform or receive services under these Terms.

12b.Confidential information does not include information that: is publicly available through no breach of these Terms; was already lawfully known by the receiving party; is independently developed without use of the other party’s confidential information; is lawfully received from a third party without a confidentiality obligation; or must be disclosed by law or legal process.

12c.Go3DViz may disclose Client confidential information to its employees, contractors, and other service providers who have a legitimate need to know the information in order to perform the services, provided they are subject to confidentiality obligations appropriate to the nature of the information.

12d.This section will survive the termination or expiration of these Terms and any project agreement.

13a.Unless otherwise agreed in a separate written agreement, the services provided by Go3DViz are non-exclusive.

13b.Client acknowledges that Go3DViz may provide similar services to other clients, including companies that manufacture, market, distribute, or sell products that are similar or competitive with Client’s products or operate within the same industry.

13c.Go3DViz will not use or disclose Client’s confidential information in connection with services provided to another client.

13d.Exclusivity — Any restriction preventing Go3DViz from providing services to other companies, products, competitors, or industries must be expressly agreed to in a separate written agreement. An exclusivity arrangement may require additional compensation, including an exclusivity fee or buyout fee, based on the scope, duration, and nature of the restriction. No exclusivity is implied by Client’s engagement of Go3DViz or by the nature of the project.

14a.Unless otherwise agreed in writing, Go3DViz may display completed and publicly released work created for Client in its portfolio, website, social media, presentations, award submissions, case studies, and other promotional materials.

14b.Go3DViz will not publicly display confidential work, unreleased products, or work subject to an applicable confidentiality agreement or other written restriction without Client’s authorization.

14c.Client may notify Go3DViz in writing if specific work must remain confidential or may not be used for promotional purposes.

15a.Go3DViz will perform the services in a professional and commercially reasonable manner and will make reasonable efforts to provide the Final Deliverables in accordance with the applicable project scope and specifications.

15b.Except for the commitments expressly stated in these Terms or the applicable project agreement, Go3DViz does not guarantee that the services or deliverables will achieve any particular sales, marketing, advertising, commercial, or business result.

15c.Go3DViz is not responsible for issues arising from Client-provided materials, specifications, product information, or other information that is inaccurate, incomplete, or subsequently changed.

16a.Client agrees to defend, indemnify, and hold harmless Go3DViz, its employees, and its contractors from third-party claims, damages, liabilities, and reasonable expenses arising from: materials supplied by Client; Client’s products, designs, trademarks, or other intellectual property; Client’s breach of these Terms; or Client’s failure to obtain required rights, licenses, or permissions for materials supplied to Go3DViz; except to the extent the claim results from Go3DViz’s own negligence, willful misconduct, or material breach of these Terms.

16b.This section will survive the termination or expiration of these Terms and any project agreement.

17a.To the maximum extent permitted by applicable law, Go3DViz’s total liability arising out of or relating to a project or these Terms will not exceed the total fees actually paid to Go3DViz for the applicable project.

17b.To the maximum extent permitted by applicable law, Go3DViz will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost business opportunities, or other consequential losses arising from the services or use of the deliverables.

17c.Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded under applicable law.

18a.Neither party will be responsible for delays or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, severe weather, governmental actions, power or internet outages, widespread technology failures, labor disruptions, illness, equipment failures, software or third-party service failures, or other circumstances that could not reasonably have been prevented.

18b.If such circumstances materially affect a project, the parties will work in good faith to establish a revised schedule or other reasonable solution.

19a.These Terms and any project agreement between Go3DViz and Client will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles.

19b.Any dispute arising from or relating to these Terms or the services will be resolved in a court of competent jurisdiction in San Diego County, California, unless the parties subsequently agree in writing to another form of dispute resolution.

19c.In any action to enforce these Terms or an applicable project agreement, the prevailing party may be entitled to recover reasonable attorneys’ fees and costs to the extent permitted by applicable law.

20a.Entire Agreement — These Terms, together with the applicable proposal, estimate, statement of work, invoice, and any other written agreement expressly incorporated into the project, constitute the agreement between Go3DViz and Client concerning the applicable services.

20b.Amendments — Any amendment or modification to these Terms or a project agreement must be made in writing and agreed to by the parties.

20c.Severability — If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

20d.Assignment — Neither party may transfer or assign this agreement without the prior written consent of the other party, except in connection with a merger, acquisition, corporate restructuring, or sale of substantially all of that party’s assets.

20e.Electronic Agreements — Electronic signatures, electronic approvals, and written approvals provided by email or other electronic means may constitute acceptance of these Terms and project agreements to the extent permitted by applicable law.

20f.Future Projects — Unless otherwise agreed in writing, these Terms apply to all services provided by Go3DViz to Client. Each project may be governed by a separate proposal or agreement identifying the applicable scope, pricing, deliverables, and schedule.

By signing below, approving a proposal, submitting payment, authorizing Go3DViz to begin work, or otherwise engaging Go3DViz for services, Client acknowledges that it has reviewed and agrees to these Terms & Conditions.