Terms of Service

1. Introduction and Acceptance

These Terms of Service (the “Terms”) form a binding agreement between you (“you” or “User”) and Superspatial, Inc. (“Superspatial,” “we,” “us,” or “our”) and govern your access to and use of the website at superspatial.io, our augmented reality experiences, mobile and wearable applications, software, APIs, and any related products or services (collectively, the “Services”).

By accessing or using the Services, creating an account, or clicking a button or checkbox indicating your acceptance, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to both you individually and that organization.

2. Eligibility

You must be at least 13 years old (or the minimum age required in your jurisdiction) to use the Services. If you are under 18, you may use the Services only with the involvement of a parent or legal guardian who agrees to these Terms on your behalf. The Services are not intended for children under 13.

You may not use the Services if you are barred from doing so under applicable law or have been previously suspended or removed from the Services.

3. Accounts

Some features require you to create an account. You agree to provide accurate, current, and complete information when registering and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

Notify us promptly at the contact email below if you suspect unauthorized use of your account. We are not liable for losses caused by unauthorized account use that resulted from your failure to safeguard your credentials.

4. The Services

Superspatial provides augmented reality experiences that combine historical research, dramatic performance, and spatial computing technology. The Services may include website content, software, AR experiences delivered via headsets or glasses, and related materials.

We may modify, suspend, or discontinue any part of the Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

5. Subscriptions, Fees, and Payment

5.1 Pricing

Certain Services are offered on a paid basis. Prices, billing frequency, and features for paid plans are described at the point of purchase or in a separate order form. All fees are stated in U.S. Dollars unless otherwise specified, and are exclusive of applicable taxes, which you are responsible for paying.

5.2 Payment

You authorize us (and our third-party payment processor) to charge your designated payment method for all fees you incur. If a payment fails, we may suspend or terminate your access to paid features until payment is received.

5.3 Auto-Renewal

Subscription plans automatically renew at the end of each billing period at the then-current rates unless you cancel before the renewal date. You can cancel auto-renewal at any time through your account settings or by contacting us.

5.4 Refunds

Except where required by applicable law, all fees are non-refundable. We may, at our sole discretion, issue refunds or credits in cases of service errors or other extraordinary circumstances.

5.5 Price Changes

We may change pricing at any time. Price changes for ongoing subscriptions take effect at the next renewal period after we provide notice.

6. License to Use the Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use, or, if you are using the Services on behalf of an organization, for that organization’s internal business use.

This license does not include any right to resell, redistribute, modify, reverse engineer, decompile, or create derivative works from the Services or any part of them, except to the limited extent permitted by applicable law.

7. User Content

7.1 Your Content

You may submit, upload, or otherwise make available content through the Services, including text, images, audio, video, scripts, comments, feedback, and other materials (collectively, “User Content”). You retain all ownership rights you have in your User Content.

7.2 License to Superspatial

By submitting User Content, you grant Superspatial a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, adapt, publish, translate, distribute, publicly perform, publicly display, and create derivative works from your User Content for the purpose of operating, providing, improving, and promoting the Services. This license continues even if you stop using the Services, to the extent necessary to maintain backups, comply with legal obligations, or for materials you have made publicly available.

7.3 Your Representations

You represent and warrant that you own or have the necessary rights, licenses, and consents to submit your User Content and to grant the license above, and that your User Content does not violate the rights of any third party or applicable law.

7.4 Removal

We may, but are not obligated to, review, monitor, or remove User Content at our discretion, including content we believe violates these Terms or applicable law.

8. Acceptable Use

You agree not to:

• Use the Services in violation of any law or regulation.
• Infringe or misappropriate the intellectual property, privacy, publicity, or other rights of any person or entity.
• Upload or transmit malware, viruses, or other harmful code.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Services, accounts, computer systems, or networks connected to the Services.
• Use any robot, scraper, data-mining tool, or similar automated means to access or extract data from the Services, except as permitted by our robots.txt or with our prior written consent.
• Reverse engineer, decompile, or disassemble any portion of the Services, except to the limited extent permitted by applicable law.
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity.
• Use the Services to harass, threaten, defame, or harm any person.
• Submit content that is unlawful, defamatory, obscene, sexually explicit, hateful, or otherwise objectionable.
• Use the Services to develop a competing product or for any commercial purpose not expressly authorized.

9. Intellectual Property

The Services, including all software, designs, text, graphics, audio, video, scripts, characters, performances, and other content (other than User Content), and all intellectual property rights in them, are owned by Superspatial or our licensors and are protected by U.S. and international copyright, trademark, patent, trade secret, and other laws.

Superspatial and our logos are trademarks of Superspatial. You may not use them without our prior written permission.

We welcome feedback and suggestions about the Services. By submitting feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use it for any purpose without obligation to you.

10. AR Safety Notice

Augmented reality experiences require your active attention to your surroundings. Use of the Services may involve walking, head and body movement, and interaction with physical environments. To use the Services safely:

• Maintain situational awareness at all times. Do not use AR experiences while driving, cycling, operating machinery, crossing streets, or in any environment where reduced awareness could be hazardous.
• Watch for trip hazards, traffic, other people, pets, and obstacles. AR overlays can obscure parts of your visual field.
• Use the Services only in environments that are safe, well-lit, and free of hazards. Do not use them near stairs, ledges, water, or fragile objects.
• If you experience dizziness, motion sickness, eye strain, headaches, fatigue, seizures, or any discomfort, stop using the Services immediately and consult a medical professional if symptoms persist.
• Take regular breaks. Do not use AR experiences for extended periods without rest.
• AR experiences may not be suitable for individuals with certain medical conditions, including epilepsy or photosensitivity. Consult a medical professional if you have concerns.
• Supervise minors using the Services and ensure their use is age-appropriate.

You assume all risk associated with your use of the Services in physical environments. Superspatial is not responsible for injuries, damages, or losses resulting from your failure to maintain awareness of your surroundings or to follow these safety guidelines.

11. Beta and Pre-Release Features

We may offer features identified as alpha, beta, preview, experimental, or similar (collectively, “Beta Features”). Beta Features are provided “as is” without warranties of any kind. They may be changed, suspended, or discontinued at any time without notice and are not subject to the same service levels or support as generally available Services. Information about Beta Features is confidential until publicly released.

12. Third-Party Services

The Services may integrate with or contain links to third-party websites, applications, or services. We do not control and are not responsible for those third parties or their content, products, or practices. Your use of any third-party service is subject to that third party’s terms and policies.

13. Privacy

Your use of the Services is also governed by our Privacy Policy, available at superspatial.io/privacy-policy, which is incorporated into these Terms by reference.

14. Termination

You may stop using the Services at any time, and you may close your account by contacting us. We may suspend or terminate your access to the Services, with or without notice, if we believe you have violated these Terms, if required by law, or for any other reason at our discretion.

On termination, your right to use the Services ends immediately, but Sections 7.2 (license to User Content), 9 (Intellectual Property), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnification), 22 (Dispute Resolution), and any other provisions that by their nature should survive will remain in effect.

15. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUPERSPATIAL DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECT WILL BE CORRECTED. YOU USE THE SERVICES AT YOUR OWN RISK.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUPERSPATIAL OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

17. Indemnification

You agree to defend, indemnify, and hold harmless Superspatial and its directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or rights of a third party.

18. DMCA Copyright Policy

Superspatial respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA).

18.1 Notices of Infringement

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, please send a written notice to our designated DMCA agent containing the following:

• A physical or electronic signature of the copyright owner or person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing and where it is located on the Services, with sufficient detail to allow us to locate it.
• Your contact information, including address, telephone number, and email.
• A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

DMCA Agent: dmca@superspatial.io

18.2 Counter-Notices

If you believe content you posted was removed or disabled by mistake or misidentification, you may submit a counter-notice to our DMCA agent containing the elements required by 17 U.S.C. § 512(g).

18.3 Repeat Infringers

We will terminate the accounts of users who are determined to be repeat infringers in appropriate circumstances.

19. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by updating the “Effective Date” above and, where appropriate, by additional notice (such as email or a prominent notice on the Site). Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

20. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the State of California, without regard to its conflict-of-laws rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

21. Informal Dispute Resolution

Before initiating any formal proceeding, you and Superspatial agree to first try to resolve any dispute informally. You must send a written notice of dispute to legal@superspatial.io describing the nature of the claim and the relief sought. The parties will attempt in good faith to resolve the dispute within 60 days of receipt of the notice. If the dispute is not resolved within that period, either party may proceed to arbitration as set out in Section 22.

22. Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

22.1 Agreement to Arbitrate

You and Superspatial agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or our relationship (each, a “Dispute”) that is not resolved informally under Section 21 will be resolved exclusively through binding individual arbitration administered by JAMS under its then-current rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

22.2 Class Action Waiver

YOU AND SUPERSPATIAL EACH AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

22.3 Arbitration Procedure

Arbitration will take place in San Francisco County, California, or another location mutually agreed by the parties, or, at your election if you are a consumer, in the U.S. county where you reside. Arbitration may also be conducted by telephone or videoconference where permitted. The arbitrator’s decision will be final and binding, and judgment may be entered on the award in any court of competent jurisdiction.

22.4 Exceptions

Either party may bring an individual claim in small-claims court for disputes within that court’s jurisdiction. Either party may also seek injunctive or other equitable relief in court to protect intellectual property rights or to prevent unauthorized access to or use of the Services.

22.5 Right to Opt Out

You may opt out of this arbitration agreement by sending written notice to legal@superspatial.io within 30 days of first accepting these Terms. Your notice must include your name, the email associated with your account (if any), and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other portion of these Terms.

22.6 Severability

If the class action waiver in Section 22.2 is found to be unenforceable as to any claim, that claim will be severed from arbitration and litigated in the courts identified in Section 23. The rest of this Section 22 will remain in effect.

23. Venue for Non-Arbitrable Claims

For any Dispute not subject to arbitration under Section 22, you and Superspatial submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and waive any objection to venue or inconvenient forum.

24. Miscellaneous

24.1 Entire Agreement

These Terms, along with the Privacy Policy and any order forms or supplemental terms referenced here, constitute the entire agreement between you and Superspatial concerning the Services and supersede any prior or contemporaneous understandings.

24.2 Severability

If any provision of these Terms is held to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

24.3 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

24.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under them, in whole or in part, without our prior written consent. We may assign these Terms without restriction. Any prohibited assignment is void.

24.5 Notices

We may provide notices to you by email, by posting on the Site, or through the Services. You may give notice to us at legal@superspatial.io.

24.6 Force Majeure

We are not liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network or power failures, or labor disputes.

24.7 Relationship of the Parties

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Superspatial.

24.8 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including those of the United States. You may not use the Services if you are located in a country subject to U.S. embargo or are on any U.S. government restricted-party list.

25. Contact

If you have questions about these Terms, contact us:

• Company: Superspatial, Inc.
• Legal: legal@superspatial.io
• Privacy: privacy@superspatial.io
• DMCA: dmca@superspatial.io
• Website: superspatial.io