Terms of Service

These Terms are a contract between you and Nukxon, LLC, a Delaware limited liability company ("Nukxon", "we", "us"), registered at 131 Continental Drive, Suite 305, Newark, DE 19713, USA.

By creating an account or using the Service you agree to these Terms. If you are agreeing on behalf of a company, you confirm you have authority to bind it, and "you" means that company.

1. What the Service is

Nukxon turns 3D scenes exported from design software into interactive projects that open in the browser from a link: walkable interiors, exteriors, objects and 4D scenes (animations). You place capture points in your own software using our exporter plugins, upload the resulting .nukxon file, and we process it in the cloud into a viewable Project.

Definitions. "Content" means anything you upload, including 3D geometry, images, camera data and text. "Project" means the interactive experience we generate from your Content and host for you: a walkable interior, an exterior, an object or a 4D scene. "Splat File" means the Gaussian splat file we generate from your Content, which you can download for interiors, exteriors and objects; 4D scenes have no downloadable file for now. "Publish" means one cloud processing run that turns Content into a Project. "Plugins" means our exporter add-ons for Blender, 3ds Max, SketchUp, Unreal Engine and other software. "Nukxon Engine" means our software that draws Projects in the browser.

The Splat File and the Project are not the same thing. The Splat File is the reconstructed 3D capture of your space or object, a single file you can download and use anywhere. The Project is the hosted, interactive experience built around it — the viewer and the Nukxon Engine, navigation, floor plans, links and hosting. The Project is a service we host. It is not downloadable.

2. Your account

You must be at least 18 and provide accurate details. You are responsible for your credentials and for everything done under your account. Tell us promptly at legal@nukxon.com if you believe your account has been compromised.

3. Subscriptions, payment and credits

3.1 Merchant of record. Payments are processed by Dodo Payments, which acts as merchant of record and is the seller for the transaction. The Service itself is provided to you by Nukxon under these Terms. Dodo Payments' Buyer Terms and Privacy Policy apply to the payment. Dodo Payments is responsible for calculating, collecting and remitting applicable sales tax and VAT.

3.2 Plans. Paid plans renew automatically for successive periods until cancelled. Prices are those published at nukxon.com/pricing when you subscribe.

3.3 Credits are consumed. Each plan includes an allowance of credits per period. A credit is consumed when processing begins, whether or not you are satisfied with the result, because it uses cloud GPU capacity we pay for at that moment. Plan credits you don't use do not carry over to the next period. Top-up credits you buy separately never expire, stay yours if you change plan, and are not refundable.

3.4 Cancellation. You may cancel at any time. Cancellation takes effect at the end of the current billing period. You keep access until then.

3.5 Refunds. Governed by our Refund Policy, which forms part of these Terms. Please contact us before disputing a charge with your bank or card issuer.

3.6 Price changes. We may change prices with at least 30 days' notice by email. Changes apply from your next billing period. If you don't accept, cancel before it takes effect.

3.7 Founding price. If you subscribed at a founding price, that price does not change for as long as your subscription stays active, including when prices change under 3.6. If you cancel, you keep it if you subscribe again within 15 days after your last paid period ends. After that, the price for new subscribers applies.

3.8 Disputes and chargebacks. While a dispute or chargeback on a payment is open we may suspend the paid features of the account. If a payment is reversed, the plan and the credits that payment bought are removed and the account moves to the Free plan. We may answer a dispute with the record of the account's use. Repeated or unfounded disputes are a material breach of these Terms.

4. Non-payment, deactivation and deletion

4.1 Grace period. If a payment fails we will retry for 14 days. Your Projects stay live during that period and we will email you.

4.2 Deactivation. If payment has not succeeded after 14 days we may deactivate your account: Projects stop being publicly viewable and the account becomes read-only. Your Content is retained. You may restore full access at any time by bringing the account current.

4.3 Deletion. Ninety (90) days after deactivation we may permanently delete your Content, including scenes, Projects and generated files. We will email notice to your account address before deleting. Deletion is permanent and we cannot recover deleted Content.

4.4 You can always take your Splat Files. On a paid plan, you may download the Splat File for any publish at any time while your account exists, including throughout the deactivation period. You are responsible for keeping your own copies of anything you need. We are not a backup service.

Note what this does and does not preserve. Downloading Splat Files means the captures of your spaces survive deactivation. It does not preserve the Projects — those stop being viewable, and cannot be exported or self-hosted. See section 6.5.

5. Your clients and end viewers

5.1 Your relationships are yours. Projects you publish may be viewed by your clients, colleagues and other third parties. Your relationship with those people is yours alone. You are solely responsible for any commitment you make to them about a Project's availability, content or duration.

5.2 No third-party rights. We provide the Service to you, not to them. No third party has any right under these Terms and nothing here creates a third-party beneficiary relationship.

5.3 We are not liable for unavailability. If a Project becomes unavailable — because you deleted it, changed sharing settings, cancelled, or your account was deactivated for non-payment — we are not liable to you or to any third party for that unavailability or any loss arising from it, including lost fees, lost business or claims by your clients.

5.4 If you resell. If you sell, license or otherwise provide a Project to a client, you are responsible for ensuring they have whatever access you promised.

Understand what that requires before you promise it. A Project is hosted by us and cannot be handed over as a file. The only way your client keeps a working Project is if you keep an active subscription. You can give them the Splat File instead, but that is the raw capture, not the project — they would need their own viewer for it. If you promise a client permanent access and then stop paying, that is between you and them.

5.5 Indemnity. You will indemnify and hold us harmless against any claim brought by your clients or end viewers arising out of your use of the Service, your Content, or any agreement between you and them.

6. Your Content

6.1 You own it. You keep all rights in your Content. We claim no ownership.

6.2 Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, adapt and transmit your Content solely to operate and provide the Service — which includes processing it into Projects and delivering those Projects to people you share them with. This licence ends when you delete the Content, except for copies in routine backups which age out.

6.4 Marketing. We will not publish your Projects or name in our marketing without your written permission. If you give permission, you grant us a licence to display that material in marketing until you withdraw permission in writing.

6.5 Generated output — what you can and cannot take with you.

You can download the Splat File. It is yours to keep and use anywhere, including after you cancel, and we place no restriction on where you host it or what you do with it, with one exception: you may not use it to train or build a model or tool that replicates the Service (section 8). It opens in standard Gaussian splat tools. 4D scenes have no downloadable file for now. This is deliberate: we sell the processing, not custody of your work, and we do not want you locked in.

You cannot download the Project. The interactive experience — the viewer, navigation between capture points, the floor plan, anchors and hosting — is a service we run, not a file we hand over. If your account is deactivated or you cancel, your Projects stop being viewable, even though you keep the Splat File. Section 4 sets out the grace and retention periods, and section 5 is what that means for anyone you shared a Project with.

7. Sharing and links

There are two ways to share a Project, and they behave differently. Choose deliberately.

7.1 Public links. A public link is accessible to anyone who has it. It is not authenticated, it is not secret, and it may be forwarded, indexed by search engines or shared beyond your intent. Do not publish a Project containing confidential or sensitive material as a public link.

7.2 Client links. A client link is protected by a password you set and share only with the people you choose. It is intended for work you do not want publicly visible.

A password is an access control, not a security guarantee. Anyone you give the password to can pass it on, and we cannot prevent that. Treat it as you would any shared credential, and do not rely on it alone for material whose disclosure would seriously harm you or your client.

7.3 What we publish differs between the two, and this matters.

• Public links are served a reconstruction of your geometry, generated from the capture rather than from your uploaded model. Your original 3D model is not served on a public link.
• Client links are served your actual geometry, because a client reviewing real work needs the real thing.

So a public link cannot be used to obtain your model, but a client link can. If you are working with third-party assets whose licence prohibits redistribution, that distinction is the one to pay attention to — see section 6.3.

8. Acceptable use

You may not, and may not help or allow anyone else to:

• upload Content you don't have the rights to, or that infringes anyone's intellectual property
• upload unlawful, defamatory, or sexually exploitative material, or material depicting minors inappropriately
• upload malware, or files crafted to attack, overload or exploit our systems or other users
• attempt to gain unauthorised access to any part of the Service or another account
• copy, scrape or extract scenes, splat data, the viewer or the Nukxon Engine from a Project, beyond viewing it in the browser as intended
• copy, modify, port, adapt or translate any part of the Service, including the viewer, the Nukxon Engine and our cloud processing
• reverse engineer, decompile or disassemble the Service, or otherwise try to work out its source code, file and data formats, algorithms or methods, including by recording or studying what goes into the Service and what comes out of it in order to recreate it. If the law where you are gives you a right to decompile for interoperability, ask us first at legal@nukxon.com: we will either give you the information you need or set reasonable conditions
• use the Service, or anything it produces, to reverse engineer or replicate the Service or any of its features, including by using it or its output (Splat Files included) to create, train, fine-tune, test or improve any machine learning or artificial intelligence model, algorithm or system intended to do what the Service does
• resell or sublicense access to the Service itself (as distinct from Projects you create with it)
• use automated means to place unreasonable load on the Service

Two things stay outside these limits. Plugins distributed under an open source licence are governed by that licence, which permits studying and changing them (section 9). And none of this limits what you do with your own Content (section 6).

This section also applies to anyone who opens a Project, with or without an account. We may remove Content and suspend or terminate accounts that breach this section, with or without notice depending on severity.

8.1 Security research. We want to hear about vulnerabilities. If you are researching in good faith we will not treat it as a breach of this section, and we will not pursue legal action against you, provided you:

• test only against your own account and your own Content
• do not access, modify or retain anyone else's data, and stop as soon as you confirm a vulnerability exists
• do not degrade the Service, exfiltrate data, or run denial-of-service or spam testing
• report what you find to security@nukxon.com and give us reasonable time to fix it before disclosing publicly

We will confirm receipt and keep you updated. We do not currently pay bounties, and we will credit you if you would like us to.

9. Plugins

The Plugins are provided free of charge, including to people who never create a Nukxon account.

9.1 Licensing. The Plugins are not all licensed the same way.

Where a Plugin is distributed under an open source licence, that licence governs it and overrides anything in these Terms that conflicts. For the Blender extension that means GPL-3.0-or-later, which grants you the right to use, study, modify and redistribute it on the terms of that licence, and nothing in these Terms restricts those rights.

9.2 They collect nothing. The only network connection the Plugins make is the Blender add-on’s update check, which reads a version file from downloads.nukxon.com once a day while Blender’s online access is allowed. They do not transmit your scene, your files, or any information about you or your machine. A .nukxon file is written to a folder you choose and stays on your computer until you upload it. See the Privacy Policy.

9.3 Third-party software. Plugins run inside software licensed by others (Autodesk, Chaos, Epic, Trimble and more). You are responsible for holding valid licences for that software. We may change or discontinue any Plugin.

10. Intellectual property

The Service, including its software, the Nukxon Engine, the viewer, the processing pipeline, designs and trade marks, is owned by Nukxon and protected by law. The Nukxon Engine and our processing pipeline are confidential trade secrets of Nukxon. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service, and nothing else. NUKXON is our trade mark.

11. Copyright complaints

We respond to copyright notices under the DMCA. See our DMCA Policy. We terminate the accounts of repeat infringers.

12. Service availability

We aim to keep the Service available but do not promise uninterrupted operation. We may perform maintenance, change features, or discontinue parts of the Service. If we discontinue the Service entirely we will give at least 60 days' notice so you can download your Splat Files.

13. Warranty disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or that a Project will accurately represent your design. Projects are a visualisation, not a survey, and must not be relied on for measurement, construction, compliance or safety decisions.

Some jurisdictions do not allow these exclusions, in which case they apply to the extent permitted.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

Nothing here limits liability that cannot be limited by law, including for death or personal injury caused by negligence, or for fraud. If you are a consumer, your statutory rights are unaffected.

15. Indemnity

You will defend, indemnify and hold harmless Nukxon and its officers and contractors from any claim, damage, loss or expense (including reasonable legal fees) arising out of: your Content; your breach of these Terms; your infringement of anyone's rights; or any dispute between you and your clients or end viewers.

16. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you materially breach these Terms, if required by law, or if your account is deactivated for non-payment under section 4. On termination, sections 5, 6.3, 10, 13, 14, 15 and 17 survive.

17. Disputes

17.1 Talk to us first. Before starting any formal proceeding, contact us at legal@nukxon.com describing the dispute. We will try in good faith to resolve it within 30 days. Most disputes end here.

17.2 Binding arbitration. If we cannot resolve it informally, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA). Judgment on the award may be entered in any court with jurisdiction.

Which AAA rules apply depends on who you are:

• If you use the Service primarily for personal, family or household purposes, the AAA Consumer Arbitration Rules apply.
• Otherwise — which will be the case for almost every user, since Nukxon is a professional tool — the AAA Commercial Arbitration Rules apply, seated in Delaware.

17.2.1 Costs and venue for consumers. Where the Consumer Rules apply:

• You pay no more than the filing fee the AAA Consumer Rules set for consumers. We pay the rest, including all remaining AAA administrative fees and the arbitrator's fees, regardless of who wins. If the AAA requires us to pay your share up front, we will.
• You will not have to travel. The arbitration will be conducted by document submission, by telephone or by video, or, if you ask for an in-person hearing, in the county where you live.
• If the arbitrator finds your claim was frivolous or brought in bad faith, they may reallocate fees as the Consumer Rules allow.
• If a court finds this arbitration agreement unenforceable as to you because of its cost or venue, we waive the defect rather than the clause: we will pay whatever is necessary, or arbitrate wherever the Consumer Rules require, to cure it.

17.2.2 What arbitration does not cover. Either party may bring an action in court, without first arbitrating, for injunctive or other equitable relief to stop actual or threatened infringement or misuse of intellectual property.

17.2.3 The arbitrator's powers. The arbitrator may award any relief a court could award to you individually, including statutory damages and attorneys' fees where the law provides them, subject to section 14.

17.3 CLASS ACTION WAIVER. YOU AND NUKXON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any representative or class proceeding. If this paragraph is unenforceable, the whole of section 17.2 is void.

17.4 Jury waiver. If a dispute proceeds in court, you and Nukxon each waive any right to a jury trial.

17.5 Small claims. Either party may instead bring an individual claim in small claims court.

17.6 Opt out. You may opt out of 17.2 and 17.3 by emailing legal@nukxon.com within 30 days of first accepting these Terms, stating your name and that you are opting out. Opting out affects nothing else.

17.7 Governing law. Delaware law governs, without regard to conflict of law rules. Where arbitration does not apply, the state and federal courts of Delaware have exclusive jurisdiction.

17.8 Consumers. If you are a consumer resident in the EU, UK or another jurisdiction whose law gives you non-waivable rights, nothing in this section removes your right to bring proceedings in your local courts or under your local law.

18. General

Changes. We may update these Terms. For material changes we will give at least 30 days' notice by email or in the product. Continuing to use the Service after that means you accept them.

Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger or sale of assets.

Entire agreement. These Terms, plus the Privacy Policy, DMCA Policy and Refund Policy, are the entire agreement between us.

Severability. If any provision is unenforceable, the rest stands.

No waiver. Failing to enforce a provision is not a waiver of it.

Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control.