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Terms of Use

These Terms of Use ("Terms") govern your access to and use of the websites, applications, cloud processing services, and related software provided by Pixality Inc., a Delaware corporation doing business as Foreal ("Pixality", "Foreal", "we", "us", or "our") (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy.

If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree, you must not use the Services.

1. License to Use the Services

Pixality grants you a limited, non-exclusive, revocable, non-transferable license to access and use the Services in accordance with these Terms.

We may modify, suspend, or discontinue any part of the Services at any time, temporarily or permanently, without liability.

2. Acceptable Use

You agree not to:

  • Use the Services for any unlawful, harmful, or fraudulent purpose;
  • Interfere with, disrupt, or attempt to gain unauthorized access to the Services or related systems;
  • Copy, distribute, sell, sublicense, or exploit the Services except as expressly permitted;
  • Upload or process content that infringes intellectual property rights, privacy rights, or applicable law.
  • Capture, upload, or process images or video of individuals without their knowledge and consent, or in violation of applicable privacy, biometric, or surveillance laws.

3. No Modification or Reverse Engineering

You must not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Services, except where permitted by applicable law.

4. Third-Party Services

The Services may include links or integrations with third-party services.

Pixality does not control and is not responsible for third-party content, services, or policies.

5. Indemnity

You agree to indemnify and hold harmless Pixality, its directors, officers, employees, and contractors from any claims, losses, damages, liabilities, and expenses arising from:

  • your use or misuse of the Services;
  • your User Content;
  • your breach of these Terms or applicable law.

6. Suspension and Termination

We may suspend or terminate your access to the Services at any time, with or without notice, including where we reasonably believe that:

  • you have breached these Terms;
  • your use poses a security or legal risk;
  • we are required to do so by law.

7. Content, Outputs, and Intellectual Property

7.1. Definitions

User Content means all photos, videos, 360° captures, images, annotations, related metadata that you upload to or capture through the Services and communications, messages, and annotations submitted through collaboration features of the Services ("Communications").

Generated Output means the 3D models, Gaussian splats, point clouds, reconstructions, previews, and other spatial representations created by the Services from your User Content using Pixality's AI technology.

7.2. How You May Submit User Content

You may submit User Content in two ways: (a) by uploading existing photos or videos through the Services, (b) by capturing content directly through the Foreal application, or (c) by communicating with teammates through project collaboration features. Communications may be visible to all teammates with access to the relevant project and may be retained after individual account termination to preserve project continuity. These Terms apply equally to all User Content regardless of how it is submitted.

When capturing content through the Foreal application, you are solely responsible for ensuring that you have the right to capture the space, objects, and any individuals that appear in your capture.

Users who invite guests to view a project are responsible for ensuring that sharing project content with such guests complies with applicable law and any confidentiality obligations. Guests may view project content solely for the purposes for which access was granted and may not copy or distribute such content without authorization.

7.3. Ownership of User Content

You retain full ownership of all User Content you submit to the Services. Nothing in these Terms transfers ownership of your User Content to Pixality.

7.4. Ownership of Generated Output

As between you and Pixality, you own the Generated Output created from your User Content, to the extent permitted by applicable law. Pixality retains all rights in the underlying AI models, algorithms, software, and technology used to create the Generated Output. Your ownership of Generated Output does not include any rights to Pixality's technology, methods, or systems.

7.5. Your License to Use Generated Output

Subject to these Terms, Pixality grants you a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, distribute, display, and create derivative works from your Generated Output for any purpose, including commercial purposes.

7.6. License You Grant Pixality to User Content

By submitting User Content, you grant Pixality a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to:

  • host, store, reproduce, process, modify, and transmit User Content for the purpose of providing the Services;
  • create derivative works from User Content, including technical representations such as point clouds, Gaussian splats, previews, and transformed formats;
  • train, fine-tune, and evaluate the machine learning and artificial intelligence models that power the Services;
  • analyze metadata, usage signals, and system performance in aggregated or anonymized form to improve the Services.

This license survives termination of your account. Where User Content is used for AI model training, Pixality will use reasonable measures to anonymize or aggregate such content so that it cannot reasonably be linked back to you.

7.7. License You Grant Pixality to Generated Output

You grant Pixality a non-exclusive, worldwide, royalty-free license to use Generated Output solely for the following purposes:

  • operating, maintaining, and improving the Services;
  • developing and evaluating Pixality's AI models and reconstruction technology, in anonymized or aggregated form.

Pixality will not sell or publicly display your identifiable Generated Output to third parties without your permission.

7.8. Public Display

Pixality will not publicly display or showcase identifiable User Content or Generated Output without your permission, except where such content has been anonymized or aggregated so that it can no longer reasonably be linked to you.

7.9. Your Responsibilities

You represent and warrant that: (a) you own or have all necessary rights and permissions to submit User Content and grant the licenses described above; (b) your User Content does not infringe the intellectual property, privacy, or other rights of any third party; and (c) where your capture includes individuals, you have obtained all necessary consents. You are solely responsible for your User Content and any consequences of submitting it.

8. Intellectual Property

All intellectual property rights in the Services, excluding User Content, belong to Pixality or its licensors. You acquire no rights except as expressly granted under these Terms.

9. Disclaimer of Warranties

The Services are provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

3D models, reconstructions, and other outputs generated by the Services using artificial intelligence are provided for informational and creative purposes only. Pixality does not warrant the accuracy, completeness, dimensional precision, or fitness for any specific purpose of generated outputs, including but not limited to outputs intended for architectural, engineering, construction, or safety-critical applications. You are solely responsible for verifying all outputs before relying on them for any decision or purpose.

10. Limitation of Liability

To the maximum extent permitted by law:

  • Pixality shall not be liable for any indirect, incidental, special, or consequential loss or damage;
  • Pixality's total liability arising out of or in connection with the Services shall not exceed the fees paid by you in the twelve (12) months preceding the claim. Where the Services are provided free of charge, Pixality's total liability shall not exceed USD 100.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.

11. Errors and Changes

We do not warrant that the Services will be error-free or uninterrupted. We may correct errors or update the Services at any time.

12. Feedback

Any feedback or suggestions you provide are non-confidential and may be used by Pixality without restriction or compensation.

13. Privacy and Data Protection

We process personal data in accordance with our Privacy Policy and applicable data protection laws. You must ensure that any personal data you upload or capture through the Services is lawfully collected and may be shared with Pixality in accordance with these Terms.

14. Changes to These Terms

We may update these Terms from time to time. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

15. Eligibility and Age Requirements

You may only use the Services if you are of legal age to enter into these Terms according to the applicable laws and regulations in your jurisdiction. The Services are not intended for users under the age of 16. By using the Services, you represent and warrant that you meet the applicable age requirements and are legally capable of entering into these Terms.

16. Entire Agreement

These Terms constitute the entire agreement between you and Pixality regarding the Services and supersede all prior agreements or understandings.

17. Waiver

Failure to enforce any provision of these Terms does not constitute a waiver.

18. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms or the Services shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

20. Force Majeure

Neither Party will be liable for any failure or delay in performance under these Terms to the extent caused by circumstances beyond that Party's reasonable control, including natural disasters, acts of government, power failures, internet disruptions, or other similar events (each a "Force Majeure Event"). The affected Party shall use reasonable efforts to mitigate the effects of the Force Majeure Event and shall resume performance as soon as reasonably practicable.

21. Assignment

You may not assign or transfer these Terms or any rights or obligations under them without Pixality's prior written consent. Pixality may assign these Terms without your consent in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets or business. Any purported assignment in violation of this section is void. These Terms will be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.

22. Relationship of the Parties

The Parties are independent contractors. These Terms do not create a partnership, joint venture, agency, fiduciary, or employment relationship between you and Pixality. Neither Party has authority to bind the other or to incur any obligation on the other's behalf.

23. Contact

Pixality Inc.

doing business as Foreal

c/o ZenBusiness Inc., 611 South Dupont Highway, Suite 102, Dover, DE 19901

Email: support@foreal.ai