Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of freegaussian.ai and the related upload, processing, and download services (the "Service"), operated by OVER Holding S.r.l. ("OVER", "we", "us"), Viale Tricesimo n. 200, Udine, Italy, VAT no. IT02945890305.

By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

FreeGaussian.ai allows you to upload 360° video footage which we process on our infrastructure to reconstruct a 3D Gaussian Splat scene ("Output") that you can download or embed.

The Service is provided in two modes:

• a Free Tier, subject to the specific conditions in Section 6;
• a Paid Tier (where available), subject to the order, pricing, and any supplemental terms agreed at purchase.

We may add, change, suspend, or remove features at our discretion.

2. Eligibility

You must be at least 16 years old (or the higher minimum age set by the law of your country) to use the Service. By using the Service, you represent that you meet this requirement.

If you use the Service on behalf of an organization, you represent that you have authority to bind it to these Terms.

3. Accounts

To use most features you must create an account. You agree to:

• provide accurate, current, and complete information;
• keep your credentials confidential;
• be responsible for everything that happens under your account;
• notify us promptly at [email protected] of any unauthorized use.

We may suspend or terminate accounts that violate these Terms or pose a risk to the Service or its users.

4. Your Uploads — Your Warranties

You retain ownership of the videos you upload ("Uploads"). However, by uploading any content, you represent and warrant that:

1. You own the Upload, or have all rights, licenses, consents, and permissions necessary to upload it and to grant the licenses set out in Sections 5 and 6;
2. The Upload does not infringe any third party's intellectual property, privacy, publicity, or other rights;
3. Where the Upload depicts identifiable individuals, you have obtained any consents required by applicable law (including parental consent for minors) and have informed those individuals about the processing as required by GDPR;
4. The Upload does not contain unlawful, defamatory, hateful, sexually explicit, harassing, or otherwise prohibited content (see Section 9);
5. You have a lawful basis to upload any video captured in private spaces or restricted-access locations.

You are solely responsible for your Uploads and for any consequences of uploading them.

5. License to OVER — All Tiers

To operate the Service, you grant OVER a worldwide, royalty-free, non-exclusive license to host, store, copy, transmit, transcode, process, and display your Uploads and Outputs strictly to the extent necessary to provide the Service to you (e.g., running the reconstruction pipeline, returning the Output, allowing you to embed or share it).

This minimum license applies to both Free and Paid Tiers.

6. Free Tier — Barter Arrangement and License

The Free Tier is a barter arrangement. You receive the Service — including compute, storage, and reconstruction processing — at no monetary cost. In exchange, you grant OVER the rights set out in this Section over your Uploads and Outputs. Those rights are the consideration OVER receives for providing the Service. Without them, OVER would not and could not offer the Free Tier.

By submitting content via the Free Tier, you grant OVER a worldwide, royalty-free, non-exclusive, fully sublicensable and transferable, perpetual, and irrevocable license to:

• store the Uploads and Outputs indefinitely;
• use them to train, evaluate, fine-tune, and improve OVER's 3D reconstruction, NeRF, Gaussian Splatting, and related machine-learning models;
• create derivative datasets and modified versions (including annotated, processed, aggregated, and de-identified datasets) for any purpose;
• use them for internal and external research and development;
• use them in non-commercial and commercial demonstrations of OVER's technology, including marketing materials, case studies, conference presentations, and public showcases;
• license, sell, assign, disclose, distribute, and otherwise commercialize Uploads, Outputs, and derivative datasets to third parties — including AI/ML companies, research institutions, AR/VR and spatial-computing companies, and other commercial partners — for those third parties' own purposes, with the right to grant sublicenses through multiple tiers;
• retain insights, model weights, and aggregate results derived from them indefinitely.

6.1 De-identification before external sharing

Before OVER discloses, licenses, or sells Free Tier content to any third party, OVER applies de-identification measures designed to reduce the likelihood of identifying individuals, including automated blurring or removal of detected faces and vehicle license plates. Recipients are contractually prohibited from attempting to re-identify individuals in the shared data.

De-identification reduces but does not eliminate re-identification risk, and it is applied to external disclosures — not necessarily to copies retained internally by OVER for model training and research.

6.2 Your warranties

You represent and warrant that:

• you have all rights necessary to grant the license in this Section, including with respect to any third parties identifiable in the Uploads;
• granting this license does not violate any contract, law, intellectual property right, or privacy right of any person;
• you have obtained any consents required by applicable law from individuals identifiable in the Uploads, or you have another lawful basis to upload footage of them;
• the Uploads do not contain content prohibited under Section 9 (Acceptable Use).

You indemnify OVER for any breach of these warranties.

6.3 Nature of the rights granted

The rights in this Section are granted as part of a contract under Article 6(1)(b) GDPR, not as consent under Article 6(1)(a). They are part of a completed exchange of value: you receive the Service, OVER receives the rights. Those rights are therefore not dependent on consent that can be unilaterally withdrawn, and they survive termination of your account, deletion of your Uploads, and discontinuation of the Service.

6.4 Statutory data-protection rights

Nothing in this Section limits the mandatory data-protection rights you have under GDPR and other applicable law. Those rights — including access, rectification, restriction, portability, objection, erasure, and complaint to a supervisory authority — are set out in the Privacy Policy.

Because OVER's processing under this Section is based on performance of a contract (Art. 6(1)(b) GDPR) rather than consent, the practical scope of those rights is shaped accordingly:

• the right to object under Art. 21 GDPR does not apply to contract-based processing of your own data;
• the right to erasure under Art. 17 GDPR is subject to the exceptions in Art. 17(3), including where processing is necessary for the performance of a contract, for the establishment, exercise, or defence of legal claims, or for research and statistical purposes;
• restriction under Art. 18 GDPR is a temporary measure pending verification of a dispute and does not compel deletion;
• access, rectification, and portability do not require OVER to stop using, delete, or recall content.

Where OVER is required by law to act on a lawful request, OVER will stop further internal processing and further external disclosure of the specific Upload and Output going forward, remove the source files from active storage (subject to legal-retention and defence-of-legal-claims needs), and exclude the content from future training runs and future dataset releases.

OVER does not reverse what has already taken place. In particular, OVER does not recall copies already delivered to third parties, does not remove contributions already incorporated into trained model weights or already-distributed de-identified datasets, and does not undo compute, storage, or engineering effort already invested. These outcomes follow from the nature of the processing and are consistent with the exceptions provided by GDPR.

6.5 Alternative

If you do not want to grant OVER these rights over your content, do not use the Free Tier. The Paid Tier (where available) is a separate, monetary-payment arrangement under which OVER processes your content solely to deliver the Service to you, without the rights granted in this Section.

7. Output — Your License to Use

Subject to your compliance with these Terms, OVER grants you a worldwide, non-exclusive, royalty-free license to use the Outputs generated from your Uploads for your own personal or commercial purposes.

OVER does not claim ownership of your Outputs. However:

• the underlying models, software, and infrastructure remain the exclusive property of OVER;
• the Outputs are provided "as is" and we make no warranty as to their accuracy, completeness, or fitness for any particular purpose.

8. OVER's Intellectual Property

The Service, including the website, software, models, pipelines, designs, trademarks, and logos, is owned by OVER or its licensors and protected by intellectual property law. You may not copy, modify, reverse-engineer, decompile, or create derivative works of the Service, except where this restriction is prohibited by mandatory law.

The "OVER" and "FreeGaussian" names and related logos are trademarks of OVER. You may not use them without prior written permission.

9. Acceptable Use

You agree not to use the Service to upload, generate, or distribute content that:

• is unlawful, fraudulent, defamatory, or misleading;
• infringes the intellectual property, privacy, publicity, or other rights of any third party;
• depicts minors in any sexual or exploitative manner (zero tolerance — this will be reported to authorities);
• contains sexually explicit material, gratuitous violence, hate speech, harassment, or content inciting violence or discrimination;
• contains personal data of third parties for which you have no lawful basis;
• captures the interior of private spaces, restricted-access areas, or sensitive sites without authorization;
• includes biometric identifiers intended for surveillance or identification of specific individuals without their consent;
• contains malware, exploits, or anything intended to disrupt the Service or its users.

You also agree not to:

• use bots, scrapers, or other automated means to access the Service beyond what we publicly permit;
• attempt to bypass quotas, rate limits, authentication, or other technical restrictions;
• resell, sublicense, or commercially redistribute the Service itself.

We may remove content and suspend or terminate accounts that violate this Section, with or without notice.

10. Service Availability — "As Is"

The Service is provided "as is" and "as available". To the maximum extent permitted by law, OVER disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement.

We do not guarantee:

• continuous, uninterrupted, or error-free operation;
• any specific quality, fidelity, or accuracy of the Outputs;
• preservation of Uploads or Outputs (you should keep your own copies);
• that the Service will meet your requirements.

We may suspend or discontinue the Service, in whole or in part, at any time.

11. Limitation of Liability

To the maximum extent permitted by law:

• OVER will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, or business opportunity;
• OVER's total aggregate liability arising out of or relating to the Service or these Terms is capped at the greater of (i) the amount you paid OVER for the Service in the twelve months before the event giving rise to liability, or (ii) EUR 100.

Nothing in these Terms limits any liability that cannot be limited under applicable law (including liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence).

If you are a consumer resident in the European Union, your statutory rights are not affected.

12. Indemnification

You agree to indemnify and hold harmless OVER, its affiliates, officers, employees, and agents from any claim, demand, loss, or damage (including reasonable legal fees) arising out of:

• your Uploads;
• your breach of these Terms;
• your violation of any law or third-party right;
• your use of the Outputs.

13. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service, with or without notice, if you breach these Terms, if required by law, or if we discontinue the Service.

On termination:

• the licenses you grant for Paid Tier content survive only to the extent needed for legal compliance and aggregated analytics;
• the licenses you grant for Free Tier content under Section 6 survive termination, because they are part of a completed barter contract and not revocable consent; you retain, and can exercise, the statutory data-protection rights described in Section 6.4 of these Terms and Section 11 of the Privacy Policy;
• Sections that by their nature should survive (intellectual property, disclaimers, liability, indemnification, governing law, dispute resolution) will survive.

14. Changes to the Terms

We may update these Terms. We will notify material changes by email and/or in-app notice. Continued use of the Service after the effective date of the change constitutes acceptance of the updated Terms. If you do not accept the changes, you must stop using the Service.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of Italy, without regard to conflict-of-laws rules.

For disputes:

• if you are a consumer resident in the European Union, you may bring proceedings in your country of residence, and you may also use the European Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/;
• in all other cases, the courts of Udine, Italy have exclusive jurisdiction.

16. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and OVER regarding the Service.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver. Our failure to enforce any right or provision is not a waiver of that right.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.