Terms of Service & Privacy Policy

Terms and Conditions

Last Updated: 01-05-2025

Welcome to Exaflop Labs (“Company,” “we,” “us,” or “our”). Please read these Terms of Service (“Terms”) carefully before using our SaaS application (the “Service”). By accessing or using the Service in any way, including by signing in through Google OAuth or uploading any content, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting to our website or application. Your continued use of the Service after we post updated Terms will constitute your acceptance of those changes.

1. Eligibility

1. Age Requirement
   You must be at least 13 years of age (or the minimum legal age in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet this age requirement.
   
2. Authority
   If you are using the Service on behalf of a company, organization, or other entity, you represent and warrant that you are authorized to bind such entity to these Terms. In such a case, “you” will refer to that entity as well as you, the individual acting on behalf of the entity.
   

2. Account Registration

1. Google OAuth Sign-In
   To access certain features of the Service, you may be required to sign in through Google OAuth. When you do so, we collect certain information, including your name and email address, as described in our Privacy Policy.
   
2. Account Security
   You are responsible for maintaining the confidentiality of your account credentials, including any passwords or third-party OAuth tokens. You agree to notify us immediately if you suspect any unauthorized use of your account.
   
3. Accuracy of Information
   All registration information you submit must be truthful, accurate, and current. You are responsible for updating this information promptly if it changes.
   
4. Email Communications
   By creating an account, you also consent to automatically receive marketing, promotional, and other informational emails from us. You can unsubscribe from these emails at any time by clicking the “unsubscribe” link in the email or by contacting us directly.
   

3. Description of the Service

1. 3D Model Generation
   Our Service allows you to upload images that we then convert into 3D models. We store both your uploaded images and generated 3D models on our servers.
   
2. Service Modifications
   We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, including the availability of any feature, database, or content, without notice or liability.
   

4. User Content

1. Definition of User Content
   “User Content” includes any images, text, or other materials you upload or otherwise provide through the Service, as well as any resulting 3D models that we generate based on your uploaded images.
   
2. Ownership
   You retain any and all rights you may already hold in the User Content. By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, create derivative works (specifically for generating the 3D models), and display such User Content for the purpose of operating and improving our Service.
   
3. Responsibility for User Content
   You represent and warrant that you own or have the necessary rights to use and upload the User Content and that its use does not violate or infringe upon the rights of any third party. You assume all risks associated with your User Content, including anyone’s reliance on its accuracy or claims relating to intellectual property rights.
   
4. Prohibited Content
   You agree not to upload any content that is unlawful, defamatory, libelous, harassing, threatening, pornographic, obscene, or otherwise objectionable. We reserve the right, but not the obligation, to remove any User Content that we determine violates these Terms or is otherwise inappropriate.
   

5. Prohibited Uses

You agree not to use the Service to:

1. Engage in any activity that violates any applicable laws or regulations.
2. Upload or transmit viruses, malware, or any other harmful or disruptive code.
3. Interfere with or disrupt the integrity or performance of our Service or any related systems or networks.
4. Attempt to gain unauthorized access to any user accounts or computer systems or networks.
5. Collect or harvest any personally identifiable information from the Service for any commercial or unlawful purposes.
6. Impersonate any person or entity or misrepresent your affiliation with a person or entity.

6. Intellectual Property Rights

1. Company Content
   All content provided by us, including but not limited to software, text, graphics, logos, and other material (“Company Content”), is protected by intellectual property laws. You may not use, copy, or distribute Company Content without our prior written consent, except as permitted by these Terms.
   
2. Trademarks
   All trademarks, service marks, and trade names are the property of their respective owners. Nothing in these Terms grants you any right or license to use any trademark, service mark, or trade name.
   

7. Fees and Payments

1. Pricing
   Certain features of the Service may require payment of fees. All fees are stated in U.S. Dollars unless otherwise indicated.
   
2. Billing
   We use a third-party payment processor to bill you for the use of paid features of the Service. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor.
   
3. Refunds
   Refund policies will be clearly stated in our pricing or purchase flow. Unless otherwise stated, all fees are non-refundable.
   

8. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

1. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
2. THE RESULTS OR OUTPUT (INCLUDING 3D MODELS) GENERATED BY THE SERVICE WILL BE ACCURATE OR RELIABLE.
3. ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

1. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to defend, indemnify, and hold harmless Exaflop Labs and its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your User Content, or your violation of these Terms.

11. Termination

1. Termination by You
   You may stop using the Service at any time. If you wish to delete your account, you can contact us at the information provided below.
   
2. Termination by Us
   We may suspend or terminate your access to the Service at any time for any reason, including if we believe you have violated these Terms. Upon termination, you lose the right to access or use the Service.
   

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts, and you consent to personal jurisdiction in such courts.

13. Changes to Terms

We reserve the right to modify these Terms at any time. The updated version of the Terms will be effective immediately upon posting. Your continued use of the Service after any such modification constitutes your acceptance of the updated Terms.

14. Miscellaneous

1. Entire Agreement
   These Terms and any policies or operating rules posted by us on the Service constitute the entire agreement and understanding between you and Exaflop Labs.
   
2. Severability
   If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms.
   
3. No Waiver
   Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
   

Assignment
You may not assign these Terms or any rights or licenses granted hereunder without our prior written consent. We may assign these Terms without restriction.