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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 ("Foreal", "we", "us", or "our") (collectively, the "Services").

By creating an account, which you do by selecting the acceptance checkbox at registration, or by otherwise accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy.

If an individual accepts these Terms for an organization, "you" and "your" in these Terms refer to that organization, and the individual represents that they have authority to bind it. If they do not have that authority, they must not accept these Terms or use the Services.

1. Definitions

Active Location means a Location that is available to the Workspace team for work. An Active Location counts toward the Jobsite Area.

Archived Location means a Location that has been removed from active work and kept in storage. An Archived Location does not count toward the Jobsite Area.

Billing Period means the monthly or yearly period for which a Plan has been paid.

Fair Usage Allowance has the meaning given in Section 4.1.

Frozen Location means an Active Location to which access is restricted under Section 3.6.

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 Foreal's AI technology.

Jobsite Area means the combined area of all Active Locations in a Workspace. Archived Locations do not count toward the Jobsite Area limit.

Location means a physical site or space that is captured, processed, and stored in a Workspace.

Order Form means a written order accepted by both you and Foreal that sets customer-specific commercial terms, including for Enterprise Plans.

Plan means the subscription tier of a Workspace, such as Free, Pro, or Enterprise, together with the Jobsite Area limit included in it. Each Jobsite Area level of the Pro Plan, for example "Pro (up to 500 m²)", is a separate Plan for billing. A move between levels is a change of Plan.

Refine Processing means Foreal's higher-quality cloud processing that creates detailed 3D reconstructions from User Content, including each repeat capture of an area that has been captured before. Refine Processing is measured by the area processed.

Workspace means an organization or a personal space in the Services to which a Plan, a Jobsite Area, Locations, and billing apply.

Workspace Owner and Billing Administrator mean the users designated with those roles in a Workspace.

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").

2. License to Use the Services

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

2.2. We may modify, suspend, or discontinue any part of the Services at any time, temporarily or permanently, without liability, except as stated in this Section 2.2. If we materially reduce the features, the Jobsite Area limit, or the Fair Usage Allowance included in a Plan, the reduction takes effect in accordance with Section 18.2. For a paid Plan, the reduction does not apply to a Billing Period that you have already paid for. A change that we must make at once to comply with law, to address a security risk, or to prevent fraud may take effect sooner.

3. Workspaces, Plans, and Billing

3.1. Workspaces and Plans. A Plan belongs to a Workspace. One user may belong to several Workspaces. A Plan in one Workspace does not change the limits of another Workspace.

3.2. Jobsite Area. Each Plan includes a Jobsite Area limit. The Jobsite Area of a Workspace is the combined area of its Active Locations. Scans of the same Location are combined into one area, and overlapping space is counted only once. Capturing the same physical area again does not increase the Jobsite Area. A capture that adds new physical area to a Location counts toward the Jobsite Area. Archived Locations do not count. You may archive a Location at any time. If restoring a Location would exceed the Workspace's Jobsite Area limit, you must archive other Locations or upgrade your Plan before restoring it. Archiving and restoring do not delete scans, threads, or media attachments.

3.3. Free Plan. The Free Plan includes the Jobsite Area shown on our pricing page. If a Free Workspace has no available Jobsite Area, you cannot activate a new Location until you archive another Location or upgrade your Plan.

3.4. Fees and renewal. We bill paid Plans in advance for each Billing Period. A paid Plan renews automatically for a further Billing Period of the same length until you cancel it. You authorize us to charge your payment method for each renewal. We show the price, the renewal terms, and the cancellation terms before you confirm payment. For a yearly Plan, we send you an email 15 days before each renewal. Prices do not include taxes. We add applicable taxes at checkout and show them before you confirm payment.

3.5. Cancellation and refunds. You may cancel a paid Plan at any time in the Workspace billing settings, including by selecting the Free Plan. Cancellation stops future renewals and takes effect at the end of the current Billing Period. You keep the paid Plan until then. When the Billing Period ends, the Workspace moves to the Free Plan, and Section 3.6 applies to Locations that exceed the Jobsite Area limit of the Free Plan. Fees already paid are not refundable, including for an unused part of a Billing Period, except where the law requires a refund or as stated in Section 3.10.

3.6. Non-payment and downgrade. If we cannot collect a payment for a paid Plan after 7 days of attempts and email notices, the Workspace moves to the Free Plan. If a Workspace moves to a Plan with a smaller Jobsite Area limit, whether through a failed payment, by your choice, or under Section 4.5, and the Jobsite Area of its Active Locations exceeds the new limit, the excess Locations become Frozen Locations. A Frozen Location remains visible in the Workspace list, but you cannot work in it. A Frozen Location counts toward the Jobsite Area until you archive it. You can restore access by archiving Locations or by upgrading to a Plan with a larger Jobsite Area limit. Freezing does not delete any content. Before a change of Plan takes effect, we warn you if the Jobsite Area limit of the new Plan is smaller than the area that your Workspace currently uses, and we ask you to confirm the change.

3.7. Enterprise. For an Enterprise Workspace, the Jobsite Area, the Fair Usage Allowance, and other commercial terms are set in the Order Form. Section 21 applies if the Order Form differs from these Terms.

3.8. Plan levels and units. The Pro Plan is offered in several levels, each with monthly or yearly billing, its own Jobsite Area limit, and its own price, for example "Pro (up to 500 m²)". The levels, limits, and prices that apply when you purchase are shown on our pricing page and at checkout. A Workspace uses either square meters or square feet, and the Jobsite Area limit and the Fair Usage Allowance are expressed in that unit.

3.9. Changing level. You may move to a level of the Pro Plan with a larger Jobsite Area limit at any time. The change takes effect immediately. We charge the difference between the prices of the two levels for the rest of the current Billing Period. If we cannot collect that amount, the change does not take effect.

A move to a level with a smaller Jobsite Area limit takes effect at the start of the next Billing Period. If the Jobsite Area of your Workspace exceeds the new limit, Section 3.6 applies from the date the change takes effect. We do not refund or credit the difference in price for the current Billing Period.

You may switch between monthly and yearly billing at any time. The switch takes effect at the start of the next Billing Period.

3.10. Yearly Plans. If you choose yearly billing, we charge the yearly fee in one payment for twelve months in advance, and the Plan renews automatically for a further twelve months until you cancel it. Cancellation takes effect at the end of the paid year, as described in Section 3.5. Fees already paid are not refundable, including for unused months, except as stated in this Section 3.10 or where the law requires a refund.

If we move a Workspace on a yearly Plan to the Free Plan under Section 4.5, the move takes effect immediately. We refund to the payment method that you used, within 14 days, the part of the yearly fee that corresponds to the unused remainder of the paid year. It is calculated pro rata by time, from the moment the move takes effect to the end of the paid year. Section 3.6 applies to Locations that exceed the Jobsite Area limit of the Free Plan.

4. Fair Usage

4.1. Fair Usage Allowance. For a Workspace on a paid Plan, the "Fair Usage Allowance" is twelve (12) times the Jobsite Area included in the then-current Plan of the Workspace. For an Enterprise Workspace, the Fair Usage Allowance is the amount stated in the Order Form.

4.2. Usage calculation. Foreal counts the Refine Processing of a Workspace over a rolling ninety (90) day period. On any day, we add up the area processed in the 90 days before that day and compare the total with the Fair Usage Allowance. If the Plan of the Workspace changed during those 90 days, the Fair Usage Allowance is the time-weighted average of the Fair Usage Allowances that applied during those 90 days.

4.3. Repeat captures. Repeat captures of the same area are included in your Plan up to the Fair Usage Allowance. Refine Processing counts toward the Fair Usage Allowance for the full 90 days after it is performed, even if you later archive or delete the related Location or capture. Processing that fails because of an error on the side of Foreal does not count.

4.4. Offer of a larger Plan. Where Foreal determines that the actual usage of a Workspace exceeds the Fair Usage Allowance of its current Plan, Foreal will offer the Workspace Owner a Plan with a Jobsite Area that fits that usage. If the Workspace Owner confirms that the excess was a one-off event and the usage of the Workspace returns within the Fair Usage Allowance, Foreal may take no further action.

4.5. Move to the Free Plan. If the Workspace Owner declines the offered Plan and the Workspace continues to submit Refine Processing in excess of the Fair Usage Allowance, Foreal may move the Workspace to the Free Plan, effective as of the start of the next Billing Period. Section 3.6 then applies to Active Locations that exceed the Jobsite Area of the Free Plan. Frozen Locations remain visible and may be restored by archiving other Locations or by upgrading to a Plan with enough Jobsite Area. For a Workspace on a yearly Plan, the move to the Free Plan is governed by Section 3.10.

4.6. Overuse does not end the agreement. Exceeding the Fair Usage Allowance does not by itself give Foreal a right to terminate these Terms. The consequences of exceeding it are those in Sections 4.4 and 4.5. Termination is governed only by Section 9.

4.7. No duty to enforce. Foreal may apply this Section 4 but is not required to do so. A decision not to apply it in one case does not prevent Foreal from applying it in another case.

4.8. Scope. This Section 4 applies to Workspaces on a paid Plan. The Free Plan has no separate processing allowance. Section 5 applies to all Workspaces.

5. 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;
  • Submit content for processing and then promptly delete or archive it in order to avoid the measurement of your Refine Processing under Section 4, or to use processing capacity without it counting toward your Plan;
  • Use several related Workspaces, or create accounts or Workspaces, mainly to avoid the limits of a Plan, the Fair Usage Allowance, or any one-time offer made to new users.

6. 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.

7. Third-Party Services

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

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

8. Indemnity

You agree to indemnify and hold harmless Foreal, 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; and any claim by a third party, including your employees, contractors, guests, and other persons on site, arising from reliance on Generated Output or from site conditions or work carried out at a site you captured.

9. Suspension and Termination

9.1. Termination by you. You may stop using the Services and cancel your Plan at any time, as described in Section 3.5.

9.2. Immediate suspension or termination. We may suspend or terminate your access to the Services immediately and without prior notice where:

  • (a) you commit fraud or use the Services for an unlawful purpose;
  • (b) your use poses a security risk to the Services, to other users, or to third parties; or
  • (c) we are required to do so by law or by an order of a court or authority.

9.3. Non-payment. If a payment fails, Section 3.6 applies. The move to the Free Plan under Section 3.6 does not terminate these Terms.

9.4. Other breaches. If you breach these Terms in a way that Sections 9.2 and 9.3 do not cover, we will notify you and give you 14 days to correct the breach, where it can be corrected. If you do not correct it, we may suspend or terminate your access to the Services. A breach of Section 5 that relates to avoiding the Fair Usage Allowance is handled under this Section 9.4.

9.5. Fair Usage. Exceeding the Fair Usage Allowance is governed only by Section 4. It does not by itself give a right to suspend or terminate under this Section 9.

9.6. Survival. Provisions of these Terms that by their nature should continue after termination continue to apply after termination.

10. Your Content After a Plan Change or Termination

10.1. Move to the Free Plan. When a Workspace moves to the Free Plan, Locations that exceed the Jobsite Area of the Free Plan become Frozen Locations under Section 3.6. The move does not delete your content.

10.2. Export after termination. If these Terms are terminated, we will give you 30 days after termination to export your User Content and Generated Output, except that this period does not apply where we terminate under Section 9.2. In those cases, we keep the content in accordance with Section 10.3, and you may ask us in writing for a copy of your own content once the reason for termination no longer applies.

10.3. Retention. We retain the Frozen Locations and Archived Locations of a Workspace that has moved to the Free Plan under Section 3.6 or 4.5, and the content of a Workspace whose access has been terminated, for 24 months from the date of the move or of the termination. If the Workspace has not returned to a paid Plan by the end of that period, we may delete that content.

11. Content, Outputs, and Intellectual Property

11.1. How You May Submit User Content

You may submit User Content in three 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.

11.2. 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 Foreal.

11.3. Ownership of Generated Output

As between you and Foreal, you own the Generated Output created from your User Content, to the extent permitted by applicable law. Foreal 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 Foreal's technology, methods, or systems.

11.4. Your License to Use Generated Output

Subject to these Terms, Foreal 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.

11.5. License You Grant Foreal to User Content

By submitting User Content, you grant Foreal 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, Foreal will use reasonable measures to anonymize or aggregate such content so that it cannot reasonably be linked back to you.

11.6. License You Grant Foreal to Generated Output

You grant Foreal 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 Foreal's AI models and reconstruction technology, in anonymized or aggregated form.

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

11.7. Public Display

Foreal 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.

11.8. 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.

12. Intellectual Property

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

13. Disclaimer of Warranties

13.1. No 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.

13.2. Accuracy of generated outputs. 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.

13.3. Site safety and reliance. The Services create approximations of physical spaces. Generated Output may contain errors, distortions, gaps, or inaccurate dimensions, and it may not show hidden or obstructed items such as pipes, wiring, structural elements, or hazards. Generated Output is not a survey, an engineering or architectural drawing, a safety inspection, or a substitute for professional judgment. Before you or anyone else relies on Generated Output for any physical work, including drilling, cutting, demolition, installation, ordering materials, or entering or working in a space, you must have qualified persons verify the relevant conditions and dimensions on site. You are solely responsible for site safety and for compliance with applicable safety laws, including for your employees, contractors, guests, and other persons on site. You must inform anyone to whom you give access to Generated Output of these limitations. Foreal is not responsible for any loss, damage, or injury arising from reliance on Generated Output in place of on-site verification.

14. Limitation of Liability

To the maximum extent permitted by law, Foreal shall not be liable for any indirect, incidental, special, or consequential loss or damage.

Foreal'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, Foreal's total liability shall not exceed USD 100.

Nothing in these Terms limits liability for fraud or for any other liability that cannot be excluded under applicable law.

15. 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.

16. Feedback

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

17. 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 Foreal in accordance with these Terms.

18. Changes to These Terms

18.1. We may update these Terms from time to time. We post the updated Terms with a new "Last updated" date and keep earlier versions, which we provide on request.

18.2. If a change is materially adverse to a Workspace, including a reduction of the Jobsite Area limit or the Fair Usage Allowance of a Plan, a reduction of the Free Plan, an increase in the price of a Plan, or a new mandatory fee, we will notify the Workspace Owner and the Billing Administrator by email at least 30 days before the change takes effect. For a paid Workspace, the change takes effect at the start of the first Billing Period that begins after that notice period. For a Free Workspace, the change takes effect when the notice period ends. If you cancel your Plan under Section 3.5 before the change takes effect, the change does not apply to you. If you continue to use the Services after the change takes effect, you accept the change. A change that we must make at once to comply with law, to address a security risk, or to prevent fraud may take effect sooner.

18.3. We will notify you of any other change by email or in the Services at least 7 days before it takes effect. Continued use of the Services after a change takes effect constitutes acceptance of the updated Terms.

19. 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.

20. Notices

20.1. We give notices under these Terms by email to the Workspace Owner and the Billing Administrator, at the email addresses in the Workspace, and we may also show them in the Services. A notice is deemed to be given when we send it.

20.2. You are responsible for keeping those email addresses current. You may give notice to us at support@foreal.ai.

21. Entire Agreement and Order of Precedence

21.1. These Terms, together with the Privacy Policy, the Plan and pricing information shown to you when you purchased the Plan, the billing settings of the Workspace, and any Order Form, constitute the entire agreement between you and Foreal regarding the Services and supersede all prior agreements or understandings.

21.2. If these documents conflict, the following order applies: first, the Order Form, for customer-specific commercial terms; second, these Terms; third, the Plan and pricing information and the billing settings of the Workspace that applied when you purchased the Plan. A later change to a web page does not change an Order Form or a Plan that you have already purchased for the current Billing Period.

22. Waiver

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

23. Severability

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

24. 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.

25. 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.

26. Assignment

You may not assign or transfer these Terms or any rights or obligations under them without Foreal's prior written consent. Foreal may assign these Terms without your consent in connection with a merger, acquisition, corporate reorganization, 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.

27. 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 Foreal. Neither Party has authority to bind the other or to incur any obligation on the other's behalf.

28. Contact

Pixality Inc.

doing business as Foreal

611 South Dupont Highway, Suite 102, Dover, DE 19901

Email: support@foreal.ai