These Terms of Use (the "Terms") govern your access to and use of the FoliMesh website at folimesh.com and its subdomains, the online editor, the API, the MCP server and all related services (together, the "Service"). The Terms are a public offer within the meaning of Articles 633 and 641 of the Civil Code of Ukraine. By creating an account, clicking a button to purchase, subscribe or download, or otherwise using the Service, you accept these Terms in full. If you do not agree, do not use the Service.
1. Who we are
1.1. The Service is operated by individual entrepreneur Voliansky Filipp Andriyovych (ФОП Волянський Філіпп Андрійович), registered in Ukraine (hereinafter "FoliMesh", "we", "us" or "our").
1.2. Details of the operator:
- Address: 9 Boryspilska Street, Kyiv, 02099, Ukraine
- Taxpayer identification number (ІПН / ЄДРПОУ): 3346817571
- Bank account (IBAN): UA963220010000026005330138664 at JSC "UNIVERSAL BANK"
- Email: support@folimesh.com
1.3. These Terms form a single agreement together with the License Agreement, the Purchase, Subscription and Refund Policy and the Privacy Policy. If these documents conflict, the License Agreement prevails on matters of rights to generated assets, the Purchase, Subscription and Refund Policy prevails on matters of payments and refunds, and these Terms prevail on all other matters.
2. Definitions
- Account — your personal account in the Service, created with a valid email address.
- Asset — a three-dimensional model (tree, plant, rock or other object), its levels of detail (LODs), textures, materials, preview images, parameter files and any other files produced by the Service and delivered to you.
- Download — a unit that entitles you to export one Asset from the Service. Re-downloading an Asset with the same parameters does not consume an additional Download.
- AI Credit — a unit that entitles you to one request to an artificial intelligence feature of the Service (for example, turning a text description into generator parameters, or generating textures).
- Plan — the free plan, a one-time Download Pack or a Subscription, as described on the Pricing page.
- Pack — a curated set of Assets offered for sale in the catalog.
- Content — any text, images, parameters, prompts or other material you submit to the Service.
3. Eligibility and accounts
3.1. You must be at least 16 years old, or the age of digital consent in your country if higher, to create an Account. If you use the Service on behalf of a company or another organisation, you confirm that you are authorised to accept these Terms on its behalf, and "you" includes that organisation.
3.2. You sign in with a one-time link sent to your email. You are responsible for keeping access to your email secure and for all activity in your Account. Notify us immediately at support@folimesh.com if you suspect unauthorised use.
3.3. One person may hold one free Account. Creating multiple accounts to obtain additional free Downloads or AI Credits is prohibited and may result in suspension of all related Accounts.
3.4. You must provide accurate information and keep it up to date.
4. The Service
4.1. FoliMesh is a browser-based procedural generator of game-ready vegetation and environment assets. Geometry is built by deterministic algorithms; artificial intelligence features, where offered, only help to select generator parameters or create textures.
4.2. Previewing and adjusting Assets in the browser editor is free and unlimited. Exporting an Asset consumes Downloads; AI features consume AI Credits. The current volumes and prices are shown on the Pricing page.
4.3. We continuously develop the Service. We may add, change or remove features, species, styles, formats and presets at any time. We will not reduce the volume of a Plan you have already paid for during its current term.
4.4. The Service is provided on an "as is" and "as available" basis. We aim for high availability but do not guarantee that the Service will be uninterrupted, error-free or available in every country, browser or device. Planned maintenance will be announced in advance where reasonably possible.
4.5. The same parameters and seed produce the same Asset. Assets are not guaranteed to be unique: another user who chooses the same species, parameters and seed will receive an identical Asset. Uniqueness is not a feature of the Service.
5. Payments
5.1. Prices are stated in US dollars, unless the Pricing page states otherwise, and include all taxes that we are required to charge as a Ukrainian individual entrepreneur. Your bank may charge currency conversion or cross-border fees; such fees are not controlled by us.
5.2. Payments are processed by our payment provider (currently the acquiring service of JSC "Universal Bank", monobank). We do not receive or store full card numbers.
5.3. Downloads and AI Credits are credited to your Account after the payment is confirmed. The terms of Subscriptions, renewals, cancellation and refunds are set out in the Purchase, Subscription and Refund Policy, which forms part of these Terms.
6. Acceptable use
You agree not to:
- (a) resell, sublicense or redistribute Assets, Packs or the Service except as expressly permitted by the License Agreement;
- (b) copy, scrape, crawl or systematically extract Assets, presets, parameters or catalog content, including by automated means outside the official API and MCP server;
- (c) reverse engineer, decompile or attempt to extract the source code, generation algorithms or models of the Service, except to the extent such restriction is prohibited by applicable law;
- (d) circumvent Download or AI Credit limits, rate limits, payment or any technical protection, including by creating multiple Accounts;
- (e) share your Account or API keys with third parties, or use one Subscription for more people than the Plan allows;
- (f) use the Service to build a competing generator, asset library or dataset;
- (g) use the Service or the API to train, fine-tune or evaluate machine-learning models, except models used solely inside your own game or product;
- (h) submit Content that is unlawful, infringes the rights of others, contains malware, or is harmful, hateful, sexually explicit or violent;
- (i) interfere with or disrupt the Service, its servers or networks, or place an unreasonable load on them;
- (j) use the Service in violation of applicable law, including export control and sanctions laws.
7. Your Content
7.1. You retain all rights to your Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, process and transmit your Content solely to operate and improve the Service for you, including sending prompts to AI providers as described in the Privacy Policy.
7.2. You are responsible for your Content and confirm that you have the rights necessary to submit it.
8. Intellectual property
8.1. The Service, including its software, generation algorithms, presets, textures, design, texts, trademarks and the "FoliMesh" name and logo, belongs to us or our licensors and is protected by the laws of Ukraine and international treaties.
8.2. Your rights to use Assets are defined exclusively by the License Agreement. Nothing in these Terms transfers ownership of the Service or of our intellectual property to you.
9. API and MCP access
9.1. API and MCP access is available on Plans that include it. API keys are personal to your Account and must be kept secret. You are responsible for all requests made with your keys.
9.2. We may apply rate limits and fair-use limits to protect the Service. Automated agents acting on your behalf are subject to these Terms as if they were you.
10. Suspension and termination
10.1. You may stop using the Service and delete your Account at any time by writing to support@folimesh.com.
10.2. We may suspend or terminate your Account, with or without notice, if you materially breach these Terms, the License Agreement or the law, if required by a court or authority, or if your use creates a security risk. Where the breach is remediable, we will first ask you to remedy it.
10.3. Upon termination, your right to use the Service ends. Licences to Assets that you obtained lawfully and paid for before termination survive, unless termination resulted from your breach of the License Agreement. Unused Downloads and AI Credits are forfeited if termination results from your breach.
11. Disclaimer of warranties
To the maximum extent permitted by law, the Service and Assets are provided without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement and compatibility with any specific engine, software or hardware. We do not warrant that Assets will meet your performance budgets in every engine or project. Nothing in this section limits rights that cannot be limited under the consumer protection law applicable to you.
12. Limitation of liability
12.1. To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, lost profits, lost revenue, loss of data or business interruption arising from or related to the Service or Assets.
12.2. Our total liability for all claims relating to the Service in any twelve-month period is limited to the amount you paid us during that period, or 50 US dollars if you have not paid anything.
12.3. These limitations do not apply to liability for death or personal injury caused by our negligence, for fraud, or to any other liability that cannot be excluded or limited by law.
13. Indemnity
You agree to indemnify and hold us harmless from claims of third parties arising from your Content, your games or products, or your breach of these Terms or the License Agreement, including reasonable legal costs.
14. Changes to the Terms
14.1. We may update these Terms. The current version is always published at folimesh.com/terms with its effective date. For material changes we will notify registered users by email or in the Service at least 14 days in advance.
14.2. Changes do not apply retroactively. If you do not agree with the new Terms, stop using the Service and cancel your Subscription before they take effect; your existing licences to Assets are not affected.
15. Governing law and disputes
15.1. These Terms are governed by the laws of Ukraine.
15.2. We will try to resolve any dispute amicably. Please contact support@folimesh.com first; we answer within 14 days.
15.3. If the dispute is not resolved within 30 days, it shall be settled by the competent court in Kyiv, Ukraine. If you are a consumer, you also keep the protection of the mandatory consumer law of your country of residence and may bring a claim in its courts where that law allows. Consumers in the European Union may also use the online dispute resolution platform at https://ec.europa.eu/consumers/odr.
16. Miscellaneous
16.1. If any provision of these Terms is found invalid, the remaining provisions remain in force.
16.2. Our failure to enforce any right is not a waiver of that right.
16.3. You may not transfer your rights under these Terms without our written consent. We may transfer them to a successor of the Service, and will notify you.
16.4. These Terms are published in several languages. The Ukrainian and English versions are authentic. For consumers resident in Ukraine the Ukrainian version prevails; in all other cases the English version prevails. Other translations are provided for convenience.
16.5. Notices to us must be sent to support@folimesh.com. Notices to you are sent to the email address of your Account.
17. Contact
ФОП Волянський Філіпп Андрійович (individual entrepreneur Voliansky Filipp Andriyovych) 9 Boryspilska Street, Kyiv, 02099, Ukraine ІПН 3346817571 Email: support@folimesh.com