TERMS OF USE

ABOUT THE CONDITIONS OF USE OF THE PLATFORM: ITS ACCEPTANCE, MODIFICATIONS AND VALIDITY.

These general conditions regulate the use of the service(s) associated with the web platform https://volinga.ai/ hereinafter, “the Platform” or “the Volinga Suite”), under the ownership of Arquimea Group S.A. (hereinafter, “Volinga” or “we”), an entity with address at C/ Avenida de los Premios Novel 53, Torrejón de Ardoz, 28850, Spain, and registered in the Mercantile Registry of Madrid, volume 37293, page 107, sheet M665049, first inscription.

The Volinga Suite is a platform for the transformation of NeRF files (which are incompatible with 3D software) and sets of photographs into the first universal NeRF file (.nvol), in order to be able to use the resulting universal NeRF files in 3D software and work with them.

WE RECOMMEND THAT YOU READ THESE CONDITIONS OF USE CAREFULLY, SINCE THEY MAY UNDERGO MODIFICATIONS FOR LEGAL AND/OR TECHNICAL REASONS, AMONG OTHERS.

1.1 Platform Users: Freemium, Indie and Enterprise

  1. All Users of the Platform have to accept these three documents/agreements:
    Terms of use of the Volinga Suite
  2. Volinga Suite privacy policy
  3. Volinga Desktop end user agreement (hereinafter, the “EULA”). The EULA must be signed by each of the Users for the use of Volinga Desktop Application.

All these documents must be accepted by the Users to understand that they agree with the terms of use of the Platform.

All Users of the Platform must be at least (18) years of age, so you assume responsibly compliance with this condition, and the Users are classified in these three (3) types:

  • Freemium: a Freemium user is defined as a user that does not pay any subscription plan for Volinga Suite. Freemium has the right to perform up to five (5) conversions from a “.ckpt” file or a “.ply” file to a “.nvol” file monthly, and to process images and video to generate up to 3 “.nvol” files monthly. Freemium has the right to receive support from our community forums on Discord (https://discord.gg/XxVdfWvcge). Freemium can use Volinga Installer functionality (i.e., support to install the different plugins for Volinga Suite) from Volinga Desktop. Freemium cannot use Volinga Suite for commercial purposes. The data of Freemium will be used for service improvement and R&D.
  • Indie: an Indie user is defined as a user that pays an Indie subscription plan, whose price is defined at https://volinga.ai/pricing. Indie has the right to perform up to fifty (50) conversions from a “.ckpt” file or a “.ply” file to a “.nvol” file monthly, and to process images and video to generate up to 10 “.nvol” files monthly. Indie has the right to receive support from our community forums on Discord (https://discord.gg/XxVdfWvcge ) and by direct email, through help@web.volinga.ai. Indie can use Volinga Installer functionality (i.e., support to install the different plugins for Volinga Suite) from Volinga Desktop. Payment of the Indie subscription plan will be made using Stripe services at (URL por definir). Indie can use “.nvol” file generated
    Version 2.0. July 27, 2023
    www.web.volinga.ai
    using Volinga Suite for commercial purposes only in Volinga Suite. In order to use a “.nvol” file generated from the conversion of a “.ply” file for commercial purposes, the user must count with a commercial license granted by INRIA (https://github.com/graphdeco-inria/gaussian-splatting/blob/main/LICENSE.md ). The data of Indie will not be used for service improvement and R&D.
  • Enterprise: an Enterprise is a user belonging to a company who reached an agreement for a custom Enterprise plan, negotiated beforehand with Volinga. The amount of “.ckpt” file to “.nvol” conversions and “.nvol” processing using images or videos will be regulated by the custom Enterprise plan. Enterprise has the right to receive support from our community forums on Discord (https://discord.gg/XxVdfWvcge ) and by direct email, through help@web.volinga.ai and direct communication through Discord or Slack. Enterprise can use all the functionalities from Volinga Desktop (Volinga Installer, Volinga Exporter and Volinga Desktop) that are included in the custom Enterprise plan. Enterprise can use “.nvol” file generated using Volinga Suite for commercial purposes only in Volinga Suite. In order to use a “.nvol” file generated from the conversion of a “.ply” file for commercial purposes, the user must count with a commercial license granted by INRIA (https://github.com/graphdeco-inria/gaussian-splatting/blob/main/LICENSE.md ). The data of Enterprise will not be used for service improvement and R&D. The payment for the Enterprise plan subscription will be regulated by the custom Enterprise plan agreement

1.2 Validity and Modifications

The declaration of any of the conditions of use as null, invalid or ineffective, will not affect the validity or effectiveness of the rest of the conditions and documents/agreements which will continue to be binding between the parties.

Volinga will notify the Users of any modifications of the Platform in order for such Users being able to install such updates of Volinga Suite. The terms and conditions for installing such modifications of Volinga Suite will be included in the corresponding notification.

1.3 Duration

Access to the contents of the Platform are defined in section 1.1 above for each type of Users. e.
Volinga is authorized to terminate or suspend the provision of services or the development of actions through the Platform at any time in accordance with the applicable conditions regulated in section 1.1 above for each type of User: Freemium, Indie or Enterprise, although in full compliance with the applicable regulations in these cases.

2. GENERAL CONDITIONS OF ACCESS AND USE OF THE PLATFORM.

Access and/or navigation through the Platform by Users is free of charge in the terms and conditions established for each type of Users in section 1.1. above.

Access and/or navigation through the Platform does require the prior subscription or registration of Users, as well as to the completion by the User of the corresponding data forms.

Volinga assumes that all data entered by Users will be accurate, current and truthful, so the User will be solely responsible for any false, inaccurate or outdated statements made and the damages that this could cause to Volinga or third parties.

The agreements with each type of Users in accordance with section 1.1. above will be subject to confidentiality.

3. USES NOT ALLOWED.

It is FORBIDDEN to the Users of the Platform:

Access and/or navigation through the Platform by Users is free of charge in the terms and conditions established for each type of Users in section 1.1. above.

  1. Use any of the services or content provided through the Platform for illegal purposes or effects, prohibited in these conditions, harmful to the rights and interests of Volinga, or third parties.
    Illegal purposes will be considered, among others, the use by Users of the services or content provided for a lucrative, commercial purpose different than the ones regulated in section 1.1. above as per type of Users, theft of secrets or business, promotional, advertising “know how”, among others.
  2. Damage, disable, overload, deteriorate or prevent the normal use of the services through the Platform, as well as cyberattack the Platform, associated systems or processes in any way.
  3. Transmit, communicate or make available to third parties information, data, content, messages and, in general, any kind of content that may violate the use of the Platform and/or is contrary to Law.
  4. Users may not share the corresponding plugin with third parties/persons. The correspondin plugin code are unique and non-transferable.
  5. Users may not disassemble, reverse engineer, decompile or analyze the corresponding plugin code, or take any other action that may involve deciphering in any form, output or sample the plugin code.

In case of non-compliance in the use of the Platform, Volinga reserves the right to exclude, prohibit or deny access to the Platform and its services, without prejudice to the possibility of exercising by Volinga any legal and/or judicial actions deem necessary.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY.

All brands, names, distinctive signs, content architecture (design, navigation, ordering and taxonomy of the Platform and its contents, etc.), any other analogue or similar, and the contents or software of any kind that are incorporated into the Platform are the property of Volinga, or third parties, (https://github.com/nerfstudio-project/nerfstudio/blob/main/LICENSE) without it being understood that the use or access to the Platform and/or the contents or services, attributes to the User any right over the aforementioned trademarks, trade names and/or distinctive signs, as well as over any other elements arranged through it.

In accordance with the terms and conditions established for each type of Users in section 1.1. above Volinga reserves the right to use the data/images or any contents incorporated by Freemium into the Platform for learning/improvement of the system (such as for training, teaching or any other purpose Volinga considers appropriate).

5. EXCLUSION OF GUARANTEES AND RESPONSIBILITIES.

Volinga does not guarantee the availability and continuity of the operation of the Platform and the services provided through it, whether owned or provided by third parties.

Nor does Volinga guarantee the usefulness of the Platform and of the contents and services provided through it for the performance of any activity or specific purpose that the User of the same intends.

Volinga does not control or guarantee the absence of viruses or other elements in the contents that may cause alterations in your computer system (software and hardware)
www.web.volinga.ai or in the electronic documents and files stored in your computer system, although it will adopt preventive and corrective measures necessary in this area.

The Users of the Platform (and, where appropriate, their respective legal managers) are, in general, solely responsible for the actions, evaluations, opinions, comments, content and information that they publish, transmit, communicate or contribute through the platform.

In all the above cases, Volinga excludes any liability, damages or losses that occur or could occur, to the full extent permitted by the applicable legal system, whether it is against the user, their respective legal representatives or against any other third party.

6. LAW, APPLICABLE JURISDICTION

These conditions are governed, in each and every one of its extremes, by the applicable Spanish law, resulting from the Platform, in case of conflict or divergence in the interpretation and/or execution thereof, or any other of the particular conditions provided on the Platform, waiving any other jurisdiction that may correspond to the parties, to the competent Courts and Tribunals of Santa Cruz de Tenerife.