Creator Terms

Invitational Phase (Closed-Alpha)

The period in which Hardsurface is being developed and tested with invited Creators before commercial operations begin.

Launch Phase (Closed-Beta)

The period beginning when Hardsurface commences commercial operations, including offering work for sale to Customers.

Creator

• A Creator is an individual invited to participate on Hardsurface.
• During the Invitational Phase, Creators participate voluntarily in the development, testing, and curation of Hardsurface. No compensation for participation or Creator Work is guaranteed during this phase.
• During the Launch Phase, commercial Assignments are performed by Creators as independent contractors of Hardsurface, subject to the Creator meeting any applicable legal, tax, registration, and business requirements.
• No payment, publication, sale, or commercial success of Creator Work is guaranteed.
• A Creator is not an employee, partner, agent, or representative of Hardsurface.
• Nothing in these Terms creates employment, partnership, joint venture, or agency.
• The Creator controls how they perform the work, subject to Assignment requirements, technical requirements, and quality standards.
• The Creator is responsible for their own equipment, software, workspace, taxes, registrations, and other obligations applicable to them.
• A Creator may choose whether to Request and work on an Assignment.
• A Creator may determine their own delivery date for each Assignment, Stage and Revision based on their personal availability and the time they voluntarily choose to allocate to Hardsurface. Creators are encouraged to provide Hardsurface with a reasonable estimate of their expected timeline so that Assignments can be planned accordingly.

Hardsurface

• Hardsurface is the trading name under which the Platform and related services are currently operated by Stef Willemse, an individual based in Spain, who is the contracting party during the Invitational Phase.
• During the Invitational Phase, Hardsurface and Creators operate on a voluntary, non-commercial basis for the development, testing, and curation of the Platform. Hardsurface does not guarantee that the Platform will successfully launch, that Creator Work will be commercially published or sold, or that any Creator will receive payment.
• From the commencement of the Launch Phase, Hardsurface will commence commercial operations. At that time, Stef Willemse will operate Hardsurface as a registered self-employed individual (autónomo). This does not create a separate legal entity, and Stef Willemse will remain the contracting party under these Terms.
• At a later stage, Hardsurface may be operated by a separate registered legal entity, including a Spanish Sociedad Limitada (S.L.). Creators agree that Hardsurface may assign or transfer these Terms and the associated rights and obligations to such entity in accordance with the Transfer of Agreement provisions
• Hardsurface provides the Platform and production pipeline.
• Hardsurface assigns Departments (Modeling, Surfacing, and Rigging) to Creators based on the Creators' assessed skills.
• Hardsurface manages Assignment Requests to assign each Creator to a Vehicle and Stage suited for them and for Hardsurface.
• Hardsurface Reviews submitted Creator Work and provides Feedback.
• Hardsurface decides whether Creator Work meets its requirements and whether it is suitable for potential publication.
• During the Launch Phase, Hardsurface may publish, offer, and sell approved Creator Work to Customers in accordance with these Terms.

Platform

The website, software, systems, and related services operated by Hardsurface through which Creators and Customers access and use Hardsurface.

Customer

A person or entity that creates or maintains an account on Hardsurface for the purpose of accessing or purchasing products and services offered by Hardsurface.

Vehicle

The collection of 3D digital Stages and their associated Products corresponding to a single real-world vehicle, made available or intended to be made available by Hardsurface.

Stage

A defined production area of a Vehicle to which a Creator may be assigned. The Hardsurface Stages are Modeling, Surfacing, and Rigging.

Product

A digital product or component of a Stage, made separately available by Hardsurface for purchase or licence, including individual Stages and separable components such as textures, shaders, materials, variants, or other digital assets. Currently, Surfacing is the only Stage divided into multiple Products: Texturing and Shading, both of which form part of the Surfacing Department’s obligations.

Modeling

The Stage covering the creation and development of the Vehicle's 3D geometry, including meshes, curves, UVs, scene hierarchy, and other geometric attributes and components.

Surfacing

The Stage covering the creation and development of the Vehicle's visual surface, including textures, shaders, materials, grooms, lights and related surface properties. The Surfacing Stage combines the work commonly associated with texturing and look development in the visual-effects industry and is intended to bring the Vehicle to a photorealistic rendered appearance.

Rigging

The Stage covering the creation and development of systems that control and enable the animation of the Vehicle. It includes joints, curves, controls, constraints, mathematical systems and formulas, and other related Rigging components.

Creator Work

The artistic and technical work created by the Creator in connection with one or more Stage Assignments for Hardsurface.

Department

A category of production work assigned to a Creator by Hardsurface that provides access to the corresponding Stage or Stages.

Request

A Request submitted by a Creator to Hardsurface seeking Approval to add a Vehicle to the Hardsurface database or to undertake an Assignment.

Assignment

A specific piece of work that a Creator is assigned to within a particular Stage of a Vehicle.

Submission

The digital files, comments, or other materials the Creator delivers to Hardsurface for review as part of an Assignment.

Feedback

Comments, instructions, images, videos, corrections, or other information provided by Hardsurface regarding Creator Work, including changes required to meet applicable requirements or quality standards.

Revision

A modification to Creator Work made in response to Hardsurface Feedback or to bring the work into compliance with the applicable requirements.

Approval

The acceptance by Hardsurface of a Request, Assignment or Submission following the applicable Review process.

Commission

The amount payable to a Creator based on the Creator’s applicable Commission Rate, Eligible Sale Revenue attributable to the Stages or Products of a Vehicle completed by the Creator.

Third-Party Assets

Any digital assets, materials, content, or other intellectual property incorporated into Creator Work that is owned or controlled by a person or entity other than the Creator or Hardsurface.

Pending Commission

Commission resulting from a completed Customer purchase of a Stage or Product that has been received by Hardsurface but has not yet been successfully paid to the Creator. Pending Commission remains subject to the Creator meeting all applicable payment eligibility requirements and to any applicable refunds, chargebacks, adjustments, or deductions.

Earned Commission

Commission that has been successfully paid to the Creator following an eligible Customer purchase of a Stage or Product.

Unearned Commission

Potential Commission that may arise from future Customer purchases of a Stage or Product but has not yet been generated by a Customer purchase.

Commission Reduction
A reduction of Commission that would otherwise be payable to a Creator, applied in accordance with these Terms.

Commission Forfeiture
The loss of a Creator’s entitlement to Commission that would otherwise have been payable or may have become payable under these Terms.

• These Terms apply to each Creator who is invited to participate on Hardsurface and accepts these Terms.
• These Terms govern the Creator’s participation in Hardsurface, including their use of the Platform, Requests and performance of Assignments, Submission of Creator Work, and participation in the applicable commercial and payment systems.
• These Terms do not govern Customers, whose relationship with Hardsurface is subject to separate Customer Terms.
• By accepting these Terms, the Creator agrees to be bound by them for as long as they participate on Hardsurface.

• Acceptance of these Terms through the Platform constitutes the Creator’s electronic acceptance of the Agreement.
• Hardsurface may retain electronic records of the Creator’s acceptance as evidence of the Agreement.
• Updated Terms may require the Creator to provide renewed acceptance where applicable.

• Access to Hardsurface is invite-only and limited to artists selected by Hardsurface based on their demonstrated skills and experience.
• Hardsurface provides eligible artists with a unique invite code required to create a Creator Account.
• A Creator will be assigned one or more Departments depending on their demonstrated skills and experience.
• Hardsurface may add, remove, or change a Creator’s assigned Departments based on their skills, experience, performance, or the needs of Hardsurface.
• Creators must be 18 years of age or older to become or remain a Creator on Hardsurface.
• Upon registration, Creators must provide truthful, accurate and current information.

• Creators are responsible for maintaining the security of their account credentials.
• Creators must promptly notify Hardsurface if they believe their account has been compromised or accessed without authorization.

• Creator Accounts are personal to the Creator and may not be shared, transferred, or used by another person.

• Hardsurface may suspend or terminate a Creator Account in accordance with these Terms.

• Hardsurface aims to give Creators the opportunity to work on Vehicles they are interested in, while maintaining a balanced and curated catalog. In addition to Vehicles already available in the catalog, Creators may submit Database Requests for Vehicles they would like to work on that are not currently included.
• Only real-world vehicles are eligible for Submission as Database Requests.
• Hardsurface has sole discretion to approve or reject Database Requests based on factors including market demand, intellectual property rights of third party rights holders, existing and anticipated supply, sales data, and the overall balance of its Vehicle catalog.

• Assignment Requests are the means facilitated by the Hardsurface Platform through which Creators are Assigned to Creator Work for their Modeling, Surfacing and Rigging Departments.
• Creators may submit Assignment Requests only for Departments assigned to them by Hardsurface.
• Creators are required to provide an accurate expected delivery date for each Requested Stage when submitting an Assignment Request. This delivery date is considered the deadline for submitting Creator Work for the respective Stage.
• Creators may submit an expression of interest for Surfacing and Rigging Assignments which depend on the Approval of the Modeling Stage. When the Modeling Stage has not yet been created or approved, Hardsurface may not be able to reasonably require an expected delivery date. Once the model has been approved, Hardsurface will contact all Creators who expressed interest and will request an expected delivery date as usual.
• Hardsurface may receive Assignment Requests from multiple Creators per Vehicle Stage and may approve or reject Requests in its sole discretion based on the requirements of the Assignment, the Creator's skill level, experience, and the needs of Hardsurface.

• Creators may submit existing work together with an Assignment Request. Any such Submission is considered part of the Assignment Request as a whole and will be assessed accordingly.
• Any such Submission is subject to the requirements and conditions set out in Section 5. Submitting Work.

• Once an Assignment Request is approved for one or more Vehicle Stages, the Creator will be Assigned to those Stages.
• A Creator may only be Assigned to one Vehicle at a time but may be Assigned to multiple Stages of that Vehicle simultaneously.

• Hardsurface Standards define the technical and quality requirements applicable to each Stage and may be developed, updated, or supplemented as Hardsurface’s production pipeline evolves.
• Hardsurface will communicate applicable requirements and technical standards to Creators through Platform communications, Vehicle Guidelines, Creator community discussions, or other designated communication channels.
• During the Invitational Phase, Hardsurface will develop and refine its Vehicle Guidelines based on established industry practices and the requirements of professional visual effects and entertainment production workflows. These Guidelines may include requirements relating to Modeling, Surfacing, UVs, texturing, shading, rendering, Rigging, animation, file formats, and other technical aspects necessary to ensure professional production compatibility.
• Where Hardsurface introduces a material change to the applicable Standards or materially expands the expected scope of an Assignment after work has commenced, any applicable Delivery Dates may be adjusted reasonably at the Creator's discretion to reflect the additional work required.
• A Creator may withdraw from an Assignment where a material change to the scope of the Assignment after its commencement would result in significant additional work. In such circumstances, Hardsurface will reasonably limit the consequences of the Creator’s voluntary withdrawal as set out in Section 13.1.

• The Creator consents to Hardsurface publicly identifying the Creator as working on a particular Vehicle and Stage during an Assignment, allowing Platform visitors to see the progress and collaboration taking place on Hardsurface.
• Hardsurface may display the Creator’s name, profile, the relevant Vehicle and Stage, and the status of the Assignment for the purpose of showing the production activity taking place on Hardsurface.
• Hardsurface will not publicly disclose confidential files, WIP files, or other confidential information as part of such disclosure.

• To avoid the unlawful acquisition, use or disclosure of sensitive, confidential or protected information relating to real-life vehicles, including military or defence vehicles and vehicles incorporating confidential or trade-secret information, Creators must only use reference materials and information that they are legally entitled to access and use for the creation of a Vehicle Stage.
• Hardsurface may also provide Creators with reference materials and information to assist them in performing an Assignment. Such materials are provided solely for the purposes of the relevant Assignment and shall be treated as confidential. They may include, without limitation, reference images, 3D geometry, scan data, point clouds, Gaussian splats, textures, 3D Vehicle files, technical information, documentation and other materials required or helpful to perform an Assignment.
• Creators may not distribute, sell, transfer, publish, or otherwise provide confidential materials to any third party, or use them for any purpose outside the applicable Assignment.
• Creators do not receive any ownership or other rights in Hardsurface-provided materials except as expressly permitted under these Terms.
• Creators may share images, videos or other visual representations of their WIP online, provided that such sharing does not disclose confidential information or confidential files provided by Hardsurface.
• A breach of this requirement may result in the consequences set out in Section 13.1.
• Where the breach causes loss or damage to Hardsurface, the Creator may also be responsible for resulting documented losses, damages, costs, and reasonable legal expenses, subject to applicable law.
• When a Creator becomes aware of an unauthorized disclosure, the Creator must promptly notify Hardsurface and take reasonable steps to remove the disclosed materials and prevent further distribution.

• Creators must notify Hardsurface as soon as reasonably possible if they expect to miss an agreed delivery date.
• Creators may request an extension to an agreed delivery date where circumstances prevent them from completing an Assignment on time.
• Hardsurface may approve or reject an extension at its discretion.

• Creators must use legally licensed software when creating or submitting Creator Work.
• Creators must ensure that their software licences permit the creation, use, modification, and commercial distribution of the resulting Creator Work by Hardsurface.
• A breach of this requirement may result in the consequences set out in Section 13.1.

• Creators may use Third-Party Assets only where they have the necessary rights and licences to incorporate them into Creator Work.
• Creators must disclose any Third-Party Assets included in a Submission when requested by Hardsurface.
• Creators must not include Third-Party Assets that restrict Hardsurface’s intended use, modification, distribution, or commercialisation of the Creator Work.
• A breach of this requirement may result in the consequences set out in Section 13.1.

• Creators must not knowingly or negligently submit files containing malware, malicious code, or other components that may compromise the security, systems, or data of Hardsurface or any third party.
• Creators must take reasonable steps to ensure that files submitted to Hardsurface are free from malware and other malicious or harmful components.
• Creators must promptly notify Hardsurface if they become aware that a submitted file contains malware, malicious code, or another security risk.
• A breach of this section may result in the consequences set out in Section 13.1.
• A Creator who breaches this section may be liable for a contractual penalty proportionate to the nature, severity, and consequences of the breach.
• The contractual penalty does not limit Hardsurface’s right to recover additional losses or seek other remedies to the extent permitted by applicable law.

• Creators must submit all files required for the applicable Assignment and in the formats specified by Hardsurface.
• Required files may include .mb, .fbx, texture files, and other files or formats specified by Hardsurface.
• If not specified by Hardsurface, Creators must ensure that submitted files are complete, functional, logically organised, and meaningfully named, suitable for review and further production.

• Hardsurface will review each Submission to determine whether it meets the applicable requirements and quality standards.
• Hardsurface may approve, reject, or request Revisions to a Submission.
• Approval of a Submission does not guarantee Platform publication or sale.

• Hardsurface may create, commission, publish, and offer digital representations of real-world Vehicles that incorporate third-party intellectual property, including trademarks, logos, distinctive designs, trade dress, and other protected elements associated with the Vehicle or its manufacturer.
• Hardsurface does not claim ownership of third-party intellectual property incorporated into or associated with a Vehicle, and nothing in these Terms transfers or grants ownership of such rights to Hardsurface or the Creator.
• Creators acknowledge that the inclusion of such third-party intellectual property may be included to accurately represent a Vehicle and does not, by itself, make the Creator responsible for owning or licensing those rights.

• The Creator represents that they have the necessary rights, except for Third-Party Vehicle IP expressly contemplated or permitted under these Terms or the applicable Assignment, to the work and materials they independently create or otherwise have rights to, and to grant Hardsurface the rights and licence set out in these Terms.
• A breach of this requirement may result in the consequences set out in Section 13.1.

• The Creator retains ownership of the work they independently create as part of Creator Work, subject to the licence granted to Hardsurface under these Terms.

• By submitting Creator Work to Hardsurface, the Creator grants Hardsurface a worldwide, perpetual, irrevocable, transferable, sublicensable licence to use, reproduce, store, modify, adapt, create derivative works from, distribute, display, publish, commercialise, and otherwise use the Creator Work, whether complete or incomplete, for the operation, development, publication, and commercialisation of Hardsurface and its products and services.
• This licence includes the right to retain and use submitted files after an Assignment ends or a Creator ceases to participate on Hardsurface.
• Hardsurface may provide submitted files or derivative versions of them to other Creators, contractors, or service providers where reasonably necessary to continue, complete, maintain, modify, review, or develop the work.
• Hardsurface may use submitted files as reference material for the creation or development of other Creator Work.
• The licence does not transfer ownership of the Creator Work to Hardsurface.

• Creators may display their Creator Work in personal portfolios, reels, websites, and professional presentations.
• Where Creator Work includes contributions from other Hardsurface Creators, the Creator must provide appropriate credit to those Creators where reasonably practicable.
• Portfolio and reel presentations of approved Creator Work must identify the work as being created “In collaboration with Hardsurface.”

• For the purposes of this section, “External Distribution” means making Creator Work or files derived from Creator Work available for download, licensing, sale, or other third-party use outside Hardsurface. External Distribution does not include displaying or showcasing Creator Work in a portfolio, reel, website, social media post, video, presentation, or other promotional material where the work is presented for viewing only and is not made available for third-party use or download.
• A Creator may engage in External Distribution of Creator Work only where all Stages or Products represented in the distributed work were created solely by that Creator.
• External Distribution of work created before the relevant Hardsurface Vehicle Stage Assignment may continue unchanged.
• After Hardsurface approves a Creator’s Stage, any new External Distribution of Creator Work from that Stage must be identified as being made in collaboration with Hardsurface and must include the following statement:
  “In collaboration with Hardsurface, independently distributed by [Your Business].’’
• Additionally, where permitted by the external platform or marketplace, the Creator must include a direct link to the Hardsurface website and add a reasonably discernable Hardsurface logo in each uploaded Vehicle preview image.
• Any External Distribution must clearly identify which Stages or Products were created in collaboration with Hardsurface.
• These requirements also apply to modifications, adaptations, and derivative works based on the approved Creator Work Submissions.
• A Creator may not engage in External Distribution of any work that incorporates contributions from another Hardsurface Creator, except when expressly agreed by the respective Creator.
• Unauthorized External Distribution of Creator Work may result in the consequences set out in Section 13.1.

• Creators must not use generative AI to create or materially generate any part of the final Creator Work submitted to Hardsurface, including geometry, UVs, textures, shaders, joints, curves, or other final production data.
• Creators may use generative AI for reference, research, concept development, or other purposes that do not result in generative AI output being incorporated into the final Creator Work.
• Hardsurface may approve the use of generative AI in final production workflows in the future, based on factors including the nature of the workflow, output quality, technical requirements, and Customer production requirements.
• Unauthorized use of Generative AI in final Creator Work may result in the consequences set out in Section 13.1.

• Neither Hardsurface nor the Creator may use Creator Work, uploaded files, or other data submitted through the Platform to train, fine-tune, or otherwise develop generative AI models.
• The Creator must not knowingly submit Creator Work to any third-party AI service where the submitted data may be used for AI model training, unless Hardsurface has expressly approved such use.
• Unauthorized use of Creator Work, uploaded files, or other Platform data for AI training or development may result in the consequences set out in Section 13.1.

• Hardsurface will provide Feedback through Messages, Images, videos, and other media available through the Platform or third-party channels.
• Creators are expected to communicate clearly and promptly regarding the progress of their Assignments and any issues that may affect delivery or compliance with the applicable Assignment requirements.

• For each Revision, the Creator must provide an updated expected delivery date.

• Creators acknowledge that Assignments may involve iterative Feedback, review, and Revisions, particularly during the Invitational Phase as Hardsurface develops and refines its Vehicle Guidelines and production standards.
• Creators are expected to consider and implement reasonable Feedback relating to the quality, accuracy, technical standards, and production compatibility of their Creator Work. Where Feedback requires substantial additional work beyond the original scope of an Assignment, Hardsurface will communicate the additional requirements to the Creator.
• Creators must raise any questions or concerns about Feedback promptly so that they can be resolved before the applicable delivery date.
• If a Creator has a different view or opinion regarding Feedback, they are encouraged to raise the matter with Hardsurface. During the Invitational Phase, constructive disagreement and discussion are welcomed where they may contribute to the development of robust, industry-standard Vehicles.

• A Creator may voluntarily withdraw from an Assignment by notifying Hardsurface.
• Upon withdrawal, Hardsurface may retain, modify, reassign, and continue using the Creator Work in accordance with the licence granted under these Terms.
• If another Creator is assigned to continue or complete the Creator Work following withdrawal, Hardsurface may determine how Creator credits are displayed based on the respective contributions of the Creators.
• Withdrawal from an Assignment may result in any of the consequences set out in Section 13.1.

• Review issues include:
  • Failure to deliver by the indicated delivery date.
  • Failure to communicate promptly about material issues affecting the Assignment or delivery.
  • Failure to meet the Hardsurface Vehicle Standards.
  • Inability to continue working on the Assignment.
  • Repeated failure to comply with applicable Assignment requirements.
• Hardsurface will consider the circumstances of each case, including unforeseen circumstances, Force Majeure events, and circumstances outside the Creator’s reasonable control. Issues that arise from circumstances the Creator could not reasonably prevent or mitigate will not, by themselves, be treated as Review Issues.
• Depending on the circumstances, Hardsurface may require Revisions, extend or reset delivery dates, suspend, cancel, or reassign the Assignment, restrict future Assignments, or apply the consequences set out in Section 13.1.

• After Approval, Hardsurface may make final technical, formatting, optimization, presentation, or other production adjustments to Creator Work as necessary to prepare it for publication.
• Hardsurface may make such adjustments directly or through other Creators, contractors, or service providers.
• Such adjustments do not transfer ownership of the original Creator Work from the Creator.

• Approval means that the Creator Work has met Hardsurface’s requirements and is eligible for publication.
• Hardsurface may decide when and how to publish approved Creator Work based on production schedules, catalog needs, market considerations, and other Platform requirements.
• Hardsurface may delay or decide not to publish Creator Work where reasonably necessary due to changes in production requirements, technical issues, legal or licensing concerns, or other circumstances affecting its suitability for publication.
• Hardsurface will not unreasonably withhold publication of Creator Work that has received Approval.

• Hardsurface may display the Creator’s name, profile picture, and a link to the Creator’s public profile alongside the published Vehicle, Stage or Product.
• Hardsurface will provide appropriate credits to Creators whose work is included in a published Vehicle.

• Hardsurface may create, display, reproduce, and distribute renders, images, videos, animations, and other presentation or marketing materials based on Creator Work for the purpose of presenting, promoting, and marketing the Vehicle, Hardsurface, or the Platform.
• Hardsurface may make adjustments to lighting, composition, camera angles, materials, animation, or other presentation elements as necessary to create such materials.
• Hardsurface may use such materials on the Platform, websites, social media, advertising, promotional materials, and other media or channels.

• Hardsurface determines pricing for each Stage or Product based on the Creator Work required for that Stage or Product and the applicable Customer licence tier.
• As a general pricing guideline, and reflecting the average relative amount of work typically required across the Stages, Hardsurface may allocate approximately: 45% of the total Vehicle price to the Modeling Stage, 45% to the Surfacing Stage, and 10% to the Rigging Stage. These percentages are indicative only and may vary depending on the specific Vehicle, Product, scope of work, and other factors relevant to the pricing of a particular Stage or Product.
• Pricing may consider factors including the real-world value of the Vehicle, comparable real-world rental costs, the value of the digital Product, and the costs incurred by Customers to produce equivalent work in-house.
• Hardsurface may offer Customers discounts, promotions and bundles for Vehicles, Stages and Products at its discretion.
• Hardsurface may offer Customers free access to Vehicles, Stages and Products with the objective to gain valuable feedback for the Platform, Hardsurface Vehicle Guidelines and general development of the business.
• Any such discounts, promotions, bundles, or free offers will be reflected in the calculation of Eligible Sale Revenue in accordance with the Commission System.

• Customers may purchase tiered licences from Hardsurface based on their company employee count for individual Stages or Products.
• Creators do not enter into separate licence agreements with Customers and have no direct payment obligations to or from Customers in connection with their use of any Stage or Product.

• Hardsurface may change the visibility, presentation, or availability of a published Stage or Product when reasonably necessary for Platform, technical, legal, catalog, or business reasons.
• Hardsurface may temporarily suspend or permanently delist a Stage or Product where reasonably necessary, including due to licensing concerns, technical issues, quality concerns, or changes to Platform requirements.
• Delisting or suspension does not by itself affect any Commission already earned and payable under these Terms.

• A Creator will be compensated by Hardsurface for Creator Work included in published Stages or Products through a Commission calculated as a percentage of each sale made on the Platform.
• Hardsurface Customers may purchase individual Stages or Products.
• A Creator’s Commission applies only to the Stage or Product that includes the Creator Work for which the Creator completed the relevant Assignment.
• Where a Stage is divided into multiple separately purchasable Products, the applicable Commission is allocated between those Products according to the proportion defined by Hardsurface. Currently, Surfacing is the only Stage divided into multiple separately purchasable Products: Texturing and Shading. The Commission for a Customer purchase of either the Texturing Product or the Shading Product is 50% of the Commission that would otherwise apply to the complete Surfacing Stage.

• Each Creator starts with an initial Commission Rate of 60%.

• Creators may increase their Commission Rate by completing designated milestones.
• Each milestone may unlock an additional percentage increase to the Creator’s Commission Rate.
• For example, Hardsurface may award an additional 2.5% for every two Vehicle Stages successfully completed and approved.

• A Creator’s Current Commission Rate is their Initial Commission Rate plus all Commission Rate increases they have unlocked through completed milestones.

• A Creator’s Commission Rate is subject to a maximum Commission Cap.
• The Commission Cap is determined by the Hardsurface phase in effect when the Creator registers their Creator Account.
• The applicable Commission Cap is:
  • 75% for Alpha Creators,
  • 70% for Beta Creators,
  • 65% for Post-Beta Creators.

• Hardsurface may introduce additional milestones or achievements that allow eligible Creators to increase their Commission Cap.
• Any such milestones, eligibility requirements, and increases will be communicated by Hardsurface when introduced

• Eligible Sale Revenue is the amount actually received by Hardsurface from a Customer for a Stage or Product, after deducting:
  • VAT and other applicable taxes;
  • Discounts and promotional reductions;
  • Refunds and chargebacks;
  • Payment processing fees; and
  • Currency conversion costs.

• A Creator’s Commission is calculated as:

Commission Rate × Eligible Sale Revenue

• Example: A Customer purchases all Stages and Products comprising a Vehicle for a total of €1,500 under the applicable licensing tier based on the Customer's employee count. For the purposes of this example, the pricing is calculated in accordance with the general 45% / 45% / 10% allocation guideline described above, reflecting the relative average amount of work typically required for each Stage. The Customer's purchase consists of:
• Modeling Stage: €675
• Surfacing Stage: €675
  • Texturing Product: €337.50 (50% of the Surfacing Stage price)
  • Shading Product: €337.50 (50% of the Surfacing Stage price)
• Rigging Stage: €150
• Assume that the same Creator completed the Creator Work associated with each of the above Stages and Products and has a Current Commission Rate of 60%.
• After deducting €22.75 in payment processing fees, the total Eligible Sale Revenue is €1,477.25. For simplicity, the payment processing fee is allocated proportionally across the purchased Products.
  • Modeling: €664.01 × 60% = €398.41
  • Texturing: €332.01 × 60% × 50% = €99.60
  • Shading: €332.01 × 60% × 50% = €99.60
  • Rigging: €147.73 × 60% = €88.64
  • Total Creator Commission: €686.25

• During the Launch Phase, Hardsurface provides Creators with periodic sales reports showing relevant Customer purchases and Commission information.
• Creators may notify Hardsurface of suspected errors or discrepancies in a sales report within 7 days.
• Hardsurface may review and correct reported sales, Commission calculations, refunds, chargebacks, or other adjustments where necessary.

• The Payout System becomes active when the Launch Phase begins.
• Commissions may accrue from sales made during the Launch Phase, but no payout will be issued until the Creator satisfies the applicable Payment Eligibility requirements.

• Business Registration
  • To receive any payment from Hardsurface during the Launch Phase, a Creator must be registered as a freelancer, self-employed professional, or business entity and legally permitted to carry out the relevant professional or business activity in their jurisdiction.
  • Creators who are not appropriately registered are not eligible to receive Commission or other payments from Hardsurface during the Launch Phase.
  • The Creator is responsible for maintaining their required business, self-employment, tax, and other registrations for as long as they receive payments from Hardsurface.
• Tax and VAT information
  • Creators are responsible for complying with their applicable tax and reporting obligations.
  • Creators must provide Hardsurface with the tax and VAT information required to process payments and comply with applicable tax obligations.
  • Creators established in an EU Member State other than Spain must provide a valid EU VAT identification number.
  • Creators must promptly notify Hardsurface if any registration or information provided to Hardsurface changes, expires, or becomes invalid.
• Business and Payment Information
  • Before issuing a Payout, Hardsurface may require the Creator to provide accurate and complete business, legal, tax, identification, and payment information.
  • This information may include the Creator’s legal or registered business name, business address, country of establishment, business registration details, VAT identification number, and payment information.
  • Hardsurface may use this information to process payments, comply with applicable legal and tax requirements, and prepare self-billed invoices or other payment documentation.
  • Hardsurface may delay or withhold payment until all required information has been provided and, where applicable, verified.

• Payouts are processed through Stripe.
• Stripe may require additional identity, business, tax, or other verification information. (KYC)
• The Creator is responsible for being legally permitted to use Stripe and receive payments through it.
• The Creator must provide accurate and complete information required by the payment provider.

• Commission from each sale of published Creator Work becomes available for payout 15 days after the date of sale, subject to applicable refunds, chargebacks, payment reversals, or other adjustments.
• The 15-day period is intended to align with the applicable European consumer withdrawal period for digital products, which is generally 14 days where the Customer has not waived the right of withdrawal by consenting to immediate access.
• Hardsurface processes Creator payouts once per month, combining all eligible accrued Commission into a single payout.
• Commission that has not yet completed the 15-day period remains pending and will be included in a subsequent payout cycle.
• Hardsurface may delay or adjust a payout where reasonably necessary to account for refunds, chargebacks, payment reversals, payment ineligibility, self-billing disputes, or other amounts affecting the applicable Commission.

• Refunds, chargebacks, payment reversals, or other adjustments relating to Customer purchases may reduce the Commission otherwise payable to the Creator.
• Where such an adjustment occurs after Commission has already been credited to the Creator’s payable balance, Hardsurface may deduct the applicable amount from the Creator’s current or future payable Commission.
• These adjustments may cause the Creator’s payable balance to become negative.
• Hardsurface will not require the Creator to repay or otherwise reimburse Hardsurface for a negative payable balance. Any negative balance will instead be carried forward and offset against future Commission otherwise payable to the Creator.

• General Self-Billing Agreement
  • Where permitted by applicable law, Hardsurface may issue self-billed invoices on behalf of the Creator for amounts payable under these Terms.
  • By participating in the Payout System, the Creator agrees to Hardsurface issuing such self-billed invoices where applicable.
• Individual Self-Billed Invoices
  • Each self-billed invoice will be made available to the Creator by e-mail, through the Platform, or another designated method.
  • The Creator must review each self-billed invoice and notify Hardsurface of any error or dispute within 7 days of it being made available.
  • If the Creator does not reject or dispute the invoice within that period, the invoice will be treated as accepted.

• Hardsurface may suspend or terminate a Creator Account in accordance with these Terms.

• Following termination, the Creator may not undertake new Assignments, continue or complete existing Assignments, or earn future Commission, except where otherwise stated in these Terms.

• Any Assignment in progress at the time of suspension or termination may be suspended, cancelled, or reassigned by Hardsurface.

• Hardsurface may retain and continue using Creator Work already produced in connection with an Assignment in accordance with the licence granted under these Terms.

• Hardsurface may continue to display Creator credits for Creator Work completed before suspension or termination where appropriate.

• Upon suspension or termination, the Creator must promptly return or permanently delete Hardsurface-provided confidential files and materials in their possession or control, including copies, backups, or locally stored versions, unless retention is required by law or otherwise approved by Hardsurface.

  Table of Consequences

• The following table sets out the potential consequences of specific events under these Terms. The consequences may apply in addition to any other rights or remedies available to Hardsurface under these Terms or applicable law. Hardsurface will consider the circumstances of each case when determining the appropriate consequences.

• Unless otherwise stated, the Commission consequences set out below generally apply to sales of the affected Vehicles, Stages, or Products. Depending on the circumstances and severity of the event, including its impact on Hardsurface, Hardsurface may also apply the consequences to Commission arising from other Vehicles, Stages, or Products where reasonably related to the event, including where the documented costs, damages, or reasonable legal expenses arising from the event exceed the Commission associated with the affected Vehicles, Stages, or Products.

• The consequences listed in this table are maximum consequences that Hardsurface may apply for the specified events. They are not automatic or mandatory. Hardsurface will determine the appropriate consequence based on the circumstances, nature, severity, impact, and whether the relevant issue can be remedied.

• All consequences set out in this table are subject to applicable law, including Spanish law and applicable European Union law. Nothing in this section authorizes Hardsurface to impose or enforce a consequence to the extent that doing so would be prohibited or restricted by applicable law.

Event	Pending Commission	Earned Commission	Unearned Commission	Account Status
Creator voluntarily withdraws from Assignment.	N/A	N/A	Reduced or Forfeited	N/A
Assignment rejected by Hardsurface	N/A	N/A	Reduced or Forfeited	N/A
Assignment reassigned to another Creator	N/A	N/A	Reduced or Forfeited	N/A
Review Issues	Retained	Retained	Reduced or Forfeited	Suspension
Use of unlicensed software	Withheld	Retained	Withheld	Suspension
Unauthorized use of Third-Party Assets	Withheld	Subject to Recovery	Withheld	Suspension
Failure to have necessary rights to Creator Work	Forfeited	Subject to Recovery	Forfeited	Suspension or Termination
Unauthorized External Distribution	Subject to recovery	Subject to Recovery	Withheld	Suspension or Termination
Malware or malicious code submitted negligently	Forfeited	Subject to Recovery	Forfeited	Suspension or Termination
Unauthorized use of generative AI in Creator Work	Withheld	Subject to Recovery	Withheld	Suspension or Termination
Unauthorized submission of Creator Work or Platform data to AI services for training	Forfeited	Subject to Recovery	Forfeited	Suspension or Termination
Malware or malicious code submitted knowingly	Forfeited	Subject to Recovery	Forfeited	Termination
Breach of Confidentiality Obligations	Forfeited	Retained	Forfeited	Suspension or Termination

Additional definitions

Withheld

Commission temporarily held by Hardsurface while the Creator is given an opportunity to remedy the relevant breach or issue. The Commission will remain Withheld until the relevant issue has been resolved, the Creator Work complies with these Terms, or Hardsurface determines that the issue cannot or will not be resolved.

If the relevant issue is not resolved, Hardsurface may apply another consequence permitted under the applicable event in the table.

Recovery

Commission previously paid to the Creator may be recovered by Hardsurface to the extent necessary to satisfy documented costs, damages, and reasonable legal expenses incurred by Hardsurface as a result of the breach, to the extent owed by the Creator under these Terms. If the amount owed exceeds previously paid Commission, Hardsurface may seek recovery of the remaining amount separately, to the extent permitted by applicable law.

Before seeking recovery, Hardsurface will notify the Creator of the amount to be recovered and the basis for the recovery, and will provide the Creator with a reasonable opportunity to respond or dispute the amount.

• Creators may receive confidential information from Hardsurface that is not otherwise publicly available, including:
  • Sales information
  • Pricing
  • Internal documentation
  • Customer information
  • Business strategy
  • Other Creators' Work
  • Unreleased Platform features
• Creators must keep Confidential Information confidential and may use it only as necessary to participate in Hardsurface.
• Creators must not disclose, publish, distribute, or otherwise make Confidential Information available to any third party without Hardsurface’s prior permission.
• These confidentiality obligations continue after the Creator stops participating on Hardsurface for as long as the information remains confidential.

• The Creator is responsible for claims, losses, damages, costs, and reasonable legal expenses arising from the Creator’s breach of these Terms, including claims arising from the Creator’s failure to have the rights necessary to grant the licence under these Terms, unauthorized use of Third-Party Assets, or submission of malware, malicious code, or other harmful components.
• Where a third party brings a claim against Hardsurface arising from the Creator’s failure to have the rights necessary to grant the licence under these Terms, unauthorized use of Third-Party Assets, or submission of malware, malicious code, or other harmful components, the Creator must indemnify and hold Hardsurface harmless to the extent the claim results from the Creator’s breach of these Terms or misconduct.
• Hardsurface is responsible for claims arising solely from Third-Party Vehicle IP that Hardsurface has approved or published as part of a Vehicle.
• Where a third party brings a claim against a Creator arising solely from such Third-Party Vehicle IP, Hardsurface will indemnify and hold the Creator harmless from resulting losses, damages, costs, and reasonable legal expenses.
• Neither party is responsible under this section to the extent a claim results from the other party’s breach, misconduct, or unauthorized use of intellectual property.

• A party seeking indemnification must provide the other party with prompt written notice of any third-party claim for which indemnification may be sought. Failure to provide prompt notice will not relieve the indemnifying party of its obligations except to the extent that the delay materially prejudices its ability to defend the claim.
• The indemnifying party may assume and control the defence of the claim, including the appointment of legal counsel, provided that it acknowledges its obligation to indemnify the claim and conducts the defence reasonably and in good faith.
• The indemnified party must provide reasonable cooperation and information reasonably required for the defence of the claim. The indemnifying party will be responsible for the reasonable out-of-pocket costs incurred by the indemnified party in providing such cooperation.
• The indemnified party may participate in the defence through its own legal counsel at its own expense. Where the indemnified party reasonably determines that a conflict of interest exists between the parties, it may appoint separate legal counsel, with the reasonable costs of such counsel borne by the indemnifying party to the extent permitted by applicable law.
• The indemnifying party may not settle a claim without the indemnified party’s prior written approval where the settlement would require the indemnified party to admit liability, impose any non-monetary obligation on the indemnified party, restrict the indemnified party’s rights, or otherwise materially prejudice the indemnified party. Such approval must not be unreasonably withheld or delayed.
• Where a claim contains allegations or circumstances for which both parties may be responsible, or which are not solely attributable to either party, the parties will reasonably cooperate in the defence and allocation of the claim. Each party will be responsible only to the extent the claim, loss, damage, cost, or expense is attributable to that party’s breach, misconduct, or other conduct giving rise to the claim.
• Nothing in this section requires either party to indemnify the other for liability arising from the indemnified party’s own breach, misconduct, or unauthorized use of intellectual property.

• To the extent permitted by applicable law, Hardsurface is not liable for indirect, incidental, special, consequential, or similar losses arising from or related to the Creator’s participation on Hardsurface.
• Hardsurface is not liable for losses arising from Platform downtime, technical failures, delays, interruptions, loss of data, loss of anticipated sales, or missed opportunities, except to the extent caused by Hardsurface’s intentional misconduct or gross negligence.
• Hardsurface’s total liability to a Creator arising from or relating to these Terms will not exceed the total Commission actually paid to that Creator during the 12 months preceding the event giving rise to the claim, except where a higher amount is required by applicable law.
• Nothing in this section limits Hardsurface’s liability for matters that cannot legally be limited or excluded under applicable law.

• Hardsurface does not guarantee that any Vehicle will be published, that any Assignment will be offered or approved, or that any Creator Work will generate sales or Commission.
• Hardsurface does not guarantee any particular amount of sales, Commission, revenue, or other commercial results.
• Hardsurface does not guarantee continuous or uninterrupted availability of the Platform and may experience downtime, interruptions, or technical issues.
• Hardsurface does not guarantee that any Customer will purchase, access, use, or continue using any Vehicle, Stage, or Product.
• Unless expressly stated otherwise, Hardsurface does not represent or imply that it is endorsed by, affiliated with, sponsored by, or authorized by any real-world vehicle manufacturer or other owner of Third-Party Vehicle IP.

• These Terms and the relationship between Hardsurface and the Creator are governed by the laws of Spain and applicable European Union law, without regard to conflict-of-law principles.
• Nothing in these Terms prevents the Creator from relying on any rights or protections that cannot legally be excluded under applicable law.

• Any dispute arising from or relating to these Terms will be subject to the jurisdiction of the competent courts determined under applicable law.

• These Terms, together with any documents or policies expressly referenced in them, constitute the entire agreement between Hardsurface and the Creator regarding the Creator’s participation on Hardsurface and replace any previous agreements or understandings relating to the same subject matter.

• If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified or limited to the extent necessary to make it enforceable, where permitted by law. The remaining provisions will remain in full force and effect.

• A failure or delay by Hardsurface to enforce any provision or exercise any right under these Terms does not constitute a waiver of that provision or right.

• Hardsurface may assign or transfer its rights and obligations under these Terms to a separate legal entity that operates or acquires the Hardsurface business, including in connection with the establishment of a Hardsurface company, merger, acquisition, restructuring, sale of assets, or other transfer of the Hardsurface business.
• By accepting these Terms, the Creator agrees that Hardsurface may assign or transfer these Terms, together with the associated rights and obligations, to a separate legal entity established to operate Hardsurface, including a Spanish Sociedad Limitada (S.L.). Hardsurface will notify Creators when such transfer takes effect.
• An assignment or transfer by Hardsurface will not, by itself, affect any rights, obligations, Commissions, or other amounts accrued by the Creator before the effective date of the transfer.
• The Creator may not assign or transfer their rights or obligations under these Terms without Hardsurface's prior written consent.

• These Terms do not give any person or entity who is not a party to the Agreement any right to enforce or benefit from any provision of these Terms, unless expressly stated otherwise.

• Hardsurface may provide notices to the Creator by email, through the Platform, or by other reasonable electronic means.
• Notices may include communications regarding changes to these Terms, Account suspension or termination, payment issues, Assignments, or other matters relating to the Creator’s participation on Hardsurface.
• The Creator is responsible for keeping their email address and other contact information associated with their Creator Account accurate and up to date.

• Provisions that by their nature are intended to continue after termination or expiration of these Terms will remain in effect, including provisions relating to intellectual property, confidentiality, payment obligations, liability, and dispute resolution.

• Hardsurface may update or amend these Terms.

• Creators will be notified when material changes are made.

• Where required, the Creator must accept the updated Terms before continuing to use the Platform or participate in Assignments.
• If the Creator does not accept the updated Terms, Hardsurface may restrict or terminate the Creator’s access to the Platform.

• Previous versions of these Terms will remain applicable to activities and obligations governed by those versions, where applicable.