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End user license agreement

Each BiteTheBytes product has its own license agreement. Choose a product to read the terms that apply to it.

Material Creator end user license agreement

Version: 1 October 2026

Provider and licensor

BiteTheBytes GmbH
Mainzer Str. 9
36039 Fulda
Germany

Commercial Register: Local Court of Fulda, HRB 5804
Managing Director: Stefan Kraus
Support: support@bitethebytes.com

Material Creator (the Software) is developed and authored by Steven Koch (the Developer). BiteTheBytes GmbH (the Publisher) distributes the Software, contracts with end users in its own name and grants end-user licenses under its exclusive distribution and sublicensing rights. Copyright and ownership of the Software remain with the Developer, subject to the rights granted to the Publisher and any lawful successor. The Material Creator product name and associated product marks belong to the Publisher.

1. Scope and acceptance

This End-User License Agreement (Agreement) is between you and the Publisher. It governs your installation and use of the Software and any updates supplied under this Agreement.

Acceptance must occur through a legally valid agreement process in which this Agreement is made available to you. If you do not agree, do not accept this Agreement or install or use the Software; any statutory rights concerning your purchase remain unaffected. The order confirmation or storefront terms state the purchased license term, number of authorized users or seats, price, payment terms and any additional purchase conditions. Mandatory pre-contract information and withdrawal instructions provided at checkout are not replaced by this Agreement.

You means the natural person or legal entity acquiring the license. A person accepting for an entity must have authority to bind it. Individually agreed terms and mandatory law take precedence. These terms apply to existing purchases only where validly agreed; they do not retroactively remove acquired rights.

Official storefront purchases are processed by FastSpring as merchant of record. The seller identified in your order confirmation contracts with you for the purchase; the Publisher provides licensing and support. Keep account information accurate and credentials secure. Company seat administration does not permit unrestricted sharing of personal credentials.

2. License grant, Individual and Company tiers

Subject to payment of the applicable price and compliance with this Agreement, the Publisher grants you a non-exclusive, non-sublicensable license to install and use the Software. Transfers are subject to Section 4 and mandatory law. Use is permitted:

  1. for personal or commercial work;
  2. for the license term and number of users, seats or devices stated in your order confirmation; and
  3. to create, edit and export materials, textures, images and other files (Output).

You may make a backup copy where this is necessary to secure future use and permitted by mandatory law. Rights not expressly granted under this Agreement are reserved.

There are only two license tiers:

  • Individual: for one natural person, including a freelancer or sole trader acting in their own name. Only that person may use the seat. Personal and commercial work are permitted. The Individual tier is available only while the annual revenue that you, together with any business you operate, earn from work created with the Software does not exceed USD 200,000.
  • Company: for a company, organization or other entity, with the number of seats stated in the order. Authorized employees and contractors may use assigned seats for the entity's work. Each active user requires an available seat, and the entity is responsible for their compliance. A Company license is required where more than one person uses the Software for the same business or where the revenue limit of the Individual tier is exceeded.

Both tiers include the same Software feature set. If the conditions for the Individual tier cease to apply, you must change to a Company license for further use within a reasonable period after becoming aware of this. Individual licenses must not be pooled to avoid the Company seats required for an organization's users. Separately identified third-party services or add-ons may have their own terms.

Each Individual license or assigned Company seat may be activated on up to two devices. These activations serve the authorized user and do not create two user seats. Concurrent users must not exceed the purchased seat count. An old device can be deactivated through the available device-management interface or customer portal; the freed activation is then available immediately. To prevent misuse, an activation may be freed in this way at most once within any period of seven days for each Individual license or Company seat. Support may permit additional changes in justified cases, such as hardware failure or theft. The license covers supported operating systems, with device limits applying across platforms.

An internet connection is required for sign-in, activation, downloads and periodic license verification. The current signed offline confirmation remains valid for up to fourteen days after a successful online check and never extends an expired license term. Reconnect to refresh it. Separately agreed offline arrangements are governed by their written terms.

3. Your Output

As between you, the Publisher and the Developer, you own the Output you create with the Software. Neither the Publisher nor the Developer claims royalties or ownership rights in your Output merely because it was created with the Software.

You may use, reproduce, modify, publish, share, license and sell your own original Output, including standalone materials and textures, texture packs and other assets sold through marketplaces or asset stores, without an additional fee or approval from the Publisher. This also includes your original graphs, custom nodes and renders, work for clients, and use in games, films, visualization and other commercial projects. Subscription expiry does not revoke these rights in lawfully created Output.

You are responsible for ensuring that content, reference images, meshes, fonts, data and other assets you import or use are lawful and do not infringe third-party rights. This section does not transfer to you any rights in third-party content or in components supplied with the Software.

Example projects, templates, textures, meshes, HDR environments and comparable content supplied with the Software (Supplied Assets) may be used and modified within your own work, subject to their identified licenses. For assets owned by the Publisher or Developer, you may distribute original Output incorporating them where the distribution does not expose the underlying Supplied Assets for independent extraction or reuse. You must not resell or redistribute those Supplied Assets themselves, unchanged or modified, as a standalone library, asset pack or source-content substitute without permission. Merely copying or superficially modifying a supplied asset does not make it your independently created Output. Creating your own material with the Software's procedural tools does not by itself make it a restricted Supplied Asset.

Separate asset licenses take precedence for the relevant asset. In particular, this Agreement does not restrict permissions independently granted under CC0 or an applicable open-source license. Your rights in your own Output remain distinct from rights in incorporated content.

4. Restrictions

Except where and only to the extent that mandatory law expressly permits an act despite this restriction, you must not:

  1. reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, protected implementation, shader logic or internal structure of the Software;
  2. circumvent, disable or tamper with licensing, activation, access-control or technical-protection measures;
  3. copy, redistribute, sublicense, rent, lease, lend, sell or otherwise make the Software available to a third party, except for a transfer expressly authorized by the Publisher or required by mandatory law;
  4. modify, adapt, translate or create derivative works of the Software itself, except as expressly permitted by the Software or mandatory law;
  5. remove, alter or obscure copyright, trademark, attribution or license notices; or
  6. use protected elements of the Software or information obtained in breach of this Agreement to copy its implementation or create an infringing competing product.

Nothing in this Agreement restricts rights that cannot lawfully be excluded. In particular, acts strictly necessary to achieve interoperability of an independently created computer program may be permitted under Section 69e of the German Copyright Act (UrhG) when its statutory conditions are met. Information obtained through such lawful decompilation may be used and disclosed only within the limits established by applicable law. Sections 69d to 69g UrhG remain unaffected.

The restrictions on modifying the Software do not prohibit creating and distributing your own graphs, custom nodes, scripts or extensions through supported facilities within the scope of your license.

5. Ownership and notices

The Software is licensed, not sold. The Developer remains the author and owner of the copyright and the Software, subject to the distribution, sublicensing, continuity and other rights granted to the Publisher. The Publisher owns the Material Creator product designation and associated product marks.

No provision of this Agreement transfers ownership of the Software, source code, trademarks or other intellectual property to you. You receive only the license expressly described in Section 2.

6. Third-party components

The Software includes third-party and open-source components. Their applicable licenses, attribution notices and any differing terms are provided with the Software in the licenses directory. Those third-party terms govern the relevant components and prevail over conflicting terms in this Agreement to the extent required by their licenses.

7. Updates, maintenance and support

License tiers are distinct from purchase models. The purchase model stated in the order controls:

  • Perpetual: a one-time purchase grants ongoing use of the Software versions covered by the license. Twelve months of updates and upgrades are included, unless the order expressly grants a longer period. Optional maintenance renewals provide the additional update period described in the renewal offer. Maintenance expiry does not end the right to use versions already covered by the perpetual license.
  • Subscription: use of the Software and access to included releases require an active subscription. You may cancel renewal through the designated purchase or account service. Access continues until the end of the paid term; further use then requires renewal or another valid license. Your project files and rights in your own work remain yours.
  • Lifetime or promotional grant: this is not a third license tier. It exists only where expressly granted by the Publisher and remains either Individual or Company. An express Lifetime grant includes ongoing use of covered versions and future versions of Material Creator generally released by the Publisher for as long as it distributes the product. Any content entitlements, seat count, testing obligations or other promotion conditions must be stated in the grant; no entitlement to unrelated products or third-party subscriptions is implied. Ending distribution does not revoke the right to use already licensed versions.

Unless validly accompanied by separate terms, corrections, updates and upgrades are covered by this Agreement. An update may require a supported operating system, graphics driver or other technical environment.

Support is provided through the Publisher's designated customer portal or support channel. Apart from the entitlements stated above or in the order, no particular future feature, release date or service level is guaranteed. Mandatory statutory obligations, including necessary updates and remedies, remain unaffected.

8. Privacy and customer data

The Publisher is the controller responsible for personal data collected from end users in connection with purchase, licensing, the customer portal and support. The applicable privacy notice explains the purposes, legal bases, retention periods and your data-protection rights. The Developer may process customer data on the Publisher's behalf where necessary for support or maintenance.

Account, device-registration and licensing information is processed as described in the applicable privacy notices. The merchant of record and any external services have the roles explained in their own notices.

You are not required to provide project files for ordinary use. Files you choose to provide for support may be used by authorized personnel for troubleshooting, subject to confidentiality and applicable data-protection requirements. Providing them does not transfer ownership or grant a marketing or AI-training license. Voluntarily submitted product suggestions may be used to improve the Software without compensation; this does not transfer rights in project files or waive expressly agreed confidentiality.

9. Statutory warranty rights

If you are a consumer, your mandatory statutory rights concerning defects, conformity, updates and digital products remain fully unaffected. Nothing in this Agreement excludes or shortens those rights.

If you acquire the Software for purposes relating predominantly to your trade, business or profession, the limitation period for claims based on defects is twelve months from the statutory start of the limitation period. This shorter period does not apply to claims for damages based on intent or gross negligence or on injury to life, body or health, to claims under the German Product Liability Act, to fraudulently concealed defects or an express guarantee, or where a longer period is mandatory by law. No warranty is given that the Software will be uninterrupted, error-free or suitable for a purpose that was not expressly agreed. Any expressly agreed specifications and mandatory statutory rights remain unaffected.

You are responsible for maintaining appropriate backups of projects, source assets and exported Output.

10. Liability

The Publisher is liable without limitation:

  1. for intent and gross negligence;
  2. for culpable injury to life, body or health;
  3. under the German Product Liability Act;
  4. where the Publisher has fraudulently concealed a defect or expressly guaranteed a characteristic; and
  5. in any other case where liability cannot legally be excluded or limited.

For ordinary negligence, the Publisher is liable only for breach of an essential contractual duty whose performance is necessary for proper execution of the contract and on which you may ordinarily rely. In that case, liability is limited to the foreseeable damage typical for this type of agreement.

Subject to the preceding paragraphs, liability for ordinary negligence is excluded. These limitations also apply to the Publisher's legal representatives, employees and agents. They do not reduce any mandatory statutory warranty or consumer right.

11. Term and termination

This Agreement begins when you accept it and continues for the license term stated in your order confirmation. A valid end-user license is not terminated merely because the commercial relationship between the Publisher and Developer ends, changes or is transferred. Existing end-user rights continue within their agreed scope and may be administered by the party or lawful successor entitled to continue distribution and customer service.

The Publisher may terminate your license for a material breach of this Agreement if the breach is not remedied within a reasonable period after notice, unless immediate termination is permitted by law or the breach cannot reasonably be remedied. Upon termination, you must stop using and delete all copies of the Software. Your rights in Output lawfully created before termination remain unaffected.

If payment fails or is reversed, the Publisher may suspend the affected entitlement after notice and a reasonable opportunity to resolve the issue, unless immediate action is legally justified. Exercising statutory withdrawal, refund or defect rights is not itself unauthorized use. After the licensed term ends, no new downloads or new use of restricted Supplied Assets are permitted without an applicable entitlement. Lawful incorporation of such assets in existing Output, and independently applicable third-party licenses, remain unaffected.

Mandatory rights to terminate, withdraw, reduce the price or claim other remedies remain unaffected.

12. Changes to this Agreement

An amended Agreement applies to an existing license only where it has been validly agreed or where a change is required by law and may lawfully be made without renewed consent. New versions, upgrades or separately purchased licenses may be offered under updated terms disclosed before acquisition or use.

13. Governing law and jurisdiction

This Agreement is governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

If you are a consumer, this choice of law does not deprive you of mandatory protections of the country in which you have your habitual residence. Statutory rules on jurisdiction for consumers remain unaffected.

For merchants, legal entities under public law and special funds under public law, and in any other case where a jurisdiction agreement is legally permitted, the exclusive place of jurisdiction is Fulda, Germany. Otherwise, the statutory rules on jurisdiction apply.

14. Severability

If any provision of this Agreement is invalid or unenforceable, the remaining provisions remain in effect. The invalid or unenforceable provision is replaced only to the extent and in the manner permitted by applicable law. This does not reverse the burden of proof or limit mandatory consumer rights.

15. Connected tools and AI/MCP integrations

The Software may provide interfaces, including MCP, for tools or AI clients that you choose to connect. Their access must remain within your authorized license and seats. Review the permissions you grant and the resulting operations; you remain responsible for the instructions and content you provide.

An external tool or provider may receive or process data you make accessible to it under its own terms and privacy practices. An interface does not include a third-party AI subscription or guarantee the confidentiality, accuracy, ownership or suitability of third-party outputs. This does not exclude the Publisher's own statutory responsibilities.

16. Refunds and statutory remedies

The accompanying Material Creator Refund Policy explains statutory withdrawal and refund rights and how to request them. No additional voluntary money-back guarantee, satisfaction guarantee or discretionary refund entitlement is offered. Subscription cancellation is distinct from withdrawal from a purchase.

Mandatory rights concerning defects, conformity, necessary updates, non-delivery, withdrawal, price reduction, contract termination and damages remain unaffected. Installation or acceptance of this Agreement alone does not supply the separate consent and acknowledgement required for early expiry of a statutory digital-content withdrawal right.

17. Contact

Questions about licensing, purchases, privacy or support should be directed to:

BiteTheBytes GmbH
Mainzer Str. 9
36039 Fulda
Germany
Email: support@bitethebytes.com