Terms of Use

1. Introduction

Welcome to Splatware. By accessing or using our platform, services, or tools (collectively, the "Services"), you agree to be bound by these Terms of Use (the "Terms"). If you do not agree to these Terms, you must not access or use Splatware. These Terms constitute a legally binding agreement between you and Splatware, governing your use of our Services.

2. Definitions

For purposes of these Terms:

Services means all products, applications, tools, documentation, and features provided by Splatware.
User Content means any data, models, images, videos, or other materials submitted, uploaded, or otherwise made available by users through Splatware.
Splatware refers to the company providing the Services, including its affiliates, directors, employees, and contractors.
Platform means the Splatware website, applications, and all associated domains and services.
Account means the registered user profile created to access and use Splatware Services.

3. Eligibility

You may use the Services only if you are at least eighteen (18) years of age or older and capable of entering into a legally binding agreement under applicable law. By using the Services, you represent and warrant that you meet these eligibility requirements.

If you are accessing or using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and in such case, references to "you" shall refer to both you and the entity.

If you do not meet these requirements, you must not access or use the Services.

4. Account Registration and Security

In order to access and use certain features of the Services, you may be required to register for an account. You agree to provide true, accurate, current, and complete information during the registration process and to keep your information up to date at all times.

You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree not to disclose your password to any third party and to notify Splatware immediately of any unauthorized use of your account or any other breach of security.

You are responsible for all activities that occur under your account, whether or not you know about them. Splatware is not liable for any loss or damage arising from your failure to comply with the above obligations.

5. License to Use Splatware

Subject to your compliance with these Terms, Splatware grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, professional, or internal business purposes, strictly in accordance with these Terms and applicable laws.

You may not use the Services for any purpose other than as expressly permitted under these Terms. All rights not expressly granted to you are reserved by Splatware and its licensors. You agree that you have no rights in or to the Services other than the license explicitly granted herein.

Any unauthorized use of the Services will terminate the license granted to you and may result in legal action.

6. User Content

You retain all ownership rights to any data, models, images, videos, or other content ("User Content") that you submit, upload, or otherwise provide through the Services. Splatware does not claim ownership of your User Content.

By submitting or uploading User Content, you grant Splatware a non-exclusive, worldwide, royalty-free, fully-paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content solely for the purpose of providing and improving the Services, including but not limited to processing, hosting, displaying, and sharing your User Content through the Platform.

You represent and warrant that you own or have the necessary rights and permissions to grant the above license and that your User Content, and Splatware's use of such User Content as permitted under these Terms, does not and will not infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You are solely responsible for your User Content and for ensuring that it complies with all applicable laws, rules, and regulations. Splatware assumes no liability for any User Content posted, uploaded, or transmitted through the Services.

7. Usage Restrictions

You agree to use the Services solely as permitted under these Terms and applicable law. Without limiting the foregoing, you agree not to:

Access, tamper with, or use non-public areas of the Services, Splatware’s computer systems, or the technical delivery systems of Splatware’s providers without authorization.
Attempt to probe, scan, or test the vulnerability of any Splatware system or network or breach any security or authentication measures.
Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code or underlying ideas or algorithms of any part of the Services.
Scrape, harvest, or collect information about users or content on the Services without prior written consent from Splatware.
Host, upload, publish, transmit, or distribute any content that is unlawful, harmful, offensive, obscene, defamatory, hateful, or otherwise objectionable as reasonably determined by Splatware.
Resell, lease, rent, sublicense, or otherwise make available the Services to a third party without Splatware's prior written consent.

Violation of any of the above may result in immediate termination of your access to the Services and may subject you to civil, criminal, and injunctive remedies.

8. Prohibited Conduct

You agree that you will not engage in any of the following prohibited activities in connection with your use of the Services:

Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
Impersonating any person or entity, falsely claiming an affiliation with any person or entity, or accessing accounts of others without permission.
Uploading, transmitting, or distributing viruses, malware, corrupted data, or other harmful, disruptive, or destructive files or content.
Violating any applicable local, state, national, or international law, regulation, or court order.
Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Services, or which, in Splatware's sole judgment, exposes Splatware or any of its users to any liability, damage, or detriment of any type.

Splatware reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

9. Payment Terms

Certain features of the Services may require payment, such as subscriptions to Pro or Enterprise plans. By purchasing a subscription or other paid service, you agree to pay the applicable fees as set forth at the time of purchase and in accordance with any additional terms specified on the Platform.

Subscription fees are billed on a recurring basis (e.g., monthly or annually) and will be automatically charged to the payment method you provide until you cancel your subscription. You may cancel your subscription at any time through your account settings; however, no refunds will be issued for any unused portion of the subscription term.

All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you are responsible for the payment of all such taxes, levies, or duties, excluding only taxes based solely on Splatware’s income.

Splatware reserves the right to change subscription fees or introduce new charges upon reasonable notice to you, which may be provided by email or by posting on the Platform.

10. Marketplace Terms

The Marketplace allows users to buy and sell 3D models and related digital content ("Marketplace Content"). By listing or purchasing Marketplace Content, you agree to the following terms:

Sellers must have all necessary rights, licenses, and permissions to list, sell, and distribute their Marketplace Content. By offering Marketplace Content, Sellers grant to Buyers the license rights described at the time of sale.
Buyers acquire only the rights expressly specified in the purchase details and do not acquire ownership of the intellectual property unless explicitly stated.
Splatware does not act as an agent, broker, or insurer for any user. Splatware is not a party to transactions between users and disclaims all liability arising from or related to such transactions.
Splatware may charge a commission or service fee on sales made through the Marketplace, as disclosed at the time of the transaction.
All transactions are subject to applicable laws and regulations, and users are solely responsible for compliance.

Splatware reserves the right to remove any Marketplace Content or suspend Marketplace access for users who violate these Terms or any applicable law.

11. Intellectual Property

All intellectual property rights in and to the Services, including but not limited to the platform, website, software, documentation, designs, graphics, logos, branding, trademarks, and any related technologies (collectively, "Splatware Assets") are and shall remain the exclusive property of Splatware or its licensors. The Services are protected by copyright, trademark, and other intellectual property laws, both domestically and internationally.

Nothing in these Terms grants you any rights in or to any Splatware Assets, except for the limited license expressly set forth in Section 5. You agree not to copy, modify, distribute, sell, or lease any part of the Services or Splatware Assets, nor may you reverse engineer or attempt to extract the source code of any software, unless applicable laws prohibit such restrictions or you have our express written permission.

You may not use any Splatware trademarks, logos, or other branding materials without our prior written consent. Any unauthorized use may violate applicable laws and result in legal consequences.

All feedback, suggestions, ideas, or other submissions you provide regarding the Services are non-confidential and shall become the sole property of Splatware. We may use such submissions without any obligation to you.

12. Third-Party Services

The Services may integrate, incorporate, or otherwise interact with third-party services, products, software, or applications, including but not limited to Firebase (by Google), artificial intelligence engines, hosting providers, analytics tools, and payment processors ("Third-Party Services").

Your use of any Third-Party Services through or in connection with Splatware is subject to the separate terms and conditions and privacy policies of those third parties. You are solely responsible for reading, understanding, and complying with all applicable third-party terms. Splatware does not control, endorse, or assume any responsibility for any Third-Party Services, and your dealings with such third parties are solely between you and the applicable third party.

You acknowledge that Splatware shall not be liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Services. Without limiting the foregoing, services such as Firebase, used for data storage, authentication, and hosting functionalities, are governed by Google’s terms of service and privacy policies, which you agree to comply with.

If you do not agree to the terms of any Third-Party Service, you must not use the aspects of the Services that rely upon such Third-Party Services.

13. Disclaimers and Limitation of Liability

The Services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Splatware disclaims all warranties, express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Splatware does not guarantee that the Services will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components. Splatware makes no warranties regarding the accuracy, completeness, or reliability of any content available through the Services or the results obtained from using the Services.

To the maximum extent permitted by law, Splatware, its affiliates, directors, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content.

In no event shall Splatware’s aggregate liability exceed the greater of one hundred dollars ($100) or the amount you paid Splatware, if any, in the twelve (12) months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitation may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless Splatware, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:

Your access to or use of the Services.
Your User Content, including any allegation that your User Content infringes or misappropriates any intellectual property or other rights of a third party.
Your violation of these Terms or any applicable law or regulation.
Your gross negligence or willful misconduct.

Splatware reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with Splatware in asserting any available defenses.

15. Termination

Splatware may, in its sole discretion and without prior notice, suspend or terminate your access to the Services at any time for any reason, including but not limited to your violation of these Terms, illegal or fraudulent activity, prolonged inactivity, or harm to other users or to Splatware.

You may terminate your account at any time by following the instructions within your account settings or by contacting Splatware support. Termination will result in the deactivation or deletion of your account and the forfeiture and relinquishment of all content associated with your account, subject to applicable laws and our data retention policies.

Upon termination, your right to access and use the Services will immediately cease. Splatware shall not be liable to you or any third party for termination of your access to the Services or deletion of your data, provided that we comply with applicable data protection laws regarding the handling and disposal of personal data.

Certain provisions of these Terms, by their nature, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Changes to the Terms

Splatware reserves the right to modify, update, or revise these Terms at any time, in its sole discretion. If we make material changes, we will provide you with notice through the Services, by email, or by posting updated Terms on our website, prior to the changes becoming effective.

It is your responsibility to review the Terms periodically. Your continued use of the Services after any changes to the Terms constitutes your acceptance of those changes. If you do not agree to the modified Terms, you must stop using the Services immediately.

The date of the last update will always be indicated at the top of the Terms of Use page.

17. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which explains how Splatware collects, uses, processes, discloses, and protects your personal information when you use the Services. The Privacy Policy is incorporated by reference into these Terms and forms an integral part of your agreement with Splatware.

By using the Services, you consent to the collection and use of information as outlined in the Privacy Policy. This includes, but is not limited to, the collection of usage data, device information, account details, and content you upload, all handled in accordance with applicable data protection regulations such as the General Data Protection Regulation (GDPR) if you are located in the European Economic Area.

We implement appropriate technical and organizational measures to safeguard your personal data against unauthorized access, disclosure, alteration, or destruction. However, no system is completely secure, and Splatware cannot guarantee the absolute security of your information. You acknowledge that you provide your personal data at your own risk.

If there is any conflict between these Terms and the Privacy Policy with respect to how Splatware collects, uses, or shares your information, the Privacy Policy will control.

18. Governing Law and Jurisdiction

These Terms of Use, and any disputes arising out of or related to the Services, shall be governed by and construed in accordance with the laws of [Insert Jurisdiction, e.g., the State of Delaware, United States], without regard to its conflict of laws principles.

You agree that any legal action or proceeding arising under these Terms or in connection with your use of the Services shall be brought exclusively in the courts located in [Insert Specific Location, e.g., Wilmington, Delaware, USA], and you hereby consent to the personal jurisdiction and venue therein.

If you are accessing the Services from a location outside of the United States, you are responsible for compliance with all local laws and regulations that may apply to your use of the Services.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

19. Dispute Resolution

In the event of any dispute, claim, question, or disagreement arising from or relating to the Services or these Terms, the parties shall use their best efforts to settle the dispute promptly and in good faith. You agree to first contact Splatware to attempt to resolve the dispute informally before resorting to any formal legal action.

If the dispute cannot be resolved through informal negotiations within thirty (30) days of initial contact, either party may submit the dispute to binding arbitration or, where applicable, to a competent court located in Berlin, Germany, as further specified in Section 18.

To the maximum extent permitted by applicable law, you and Splatware agree that any proceedings to resolve or litigate any dispute shall be conducted solely on an individual basis and not as a class action or other representative action. You hereby waive your right to participate in a class action, class arbitration, or consolidated dispute proceeding.

Certain claims may not be subject to arbitration where prohibited by law, in which case such claims shall be resolved by the courts located in Berlin, Germany.

20. Contact Information

If you have any questions about these Terms, need to report an issue, or wish to send legal notices, you may contact Splatware at:

Email: info@splatware.com
Address: Leydenallee 94, 12165 Berlin, Germany

We will endeavor to respond to inquiries promptly, but response times may vary depending on the nature of the request.