Terms of service.

Welcome to the Terms of Service (these “Terms”) for the website located at https://www.twinbly.com (the “Website”), and the related mobile applications, application programming interfaces (“APIs”), and proprietary rendering engines, including the Twinbly engine (collectively, the “Services”), operated by Rock Garden Inc, doing business as Twinbly (“Company,” “we,” “us,” or “our”).

These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you” or “User”), and the Company concerning your access to and use of the Services.

Enterprise Override: If you or your organization have entered into a separate Enterprise Services Agreement, Master Services Agreement, or similar business customer agreement with us (“Enterprise Agreement”), that Enterprise Agreement will govern your use of the Services and will supersede any conflicting provisions in these Terms.

By accessing, registering for, and/or using the Services, you agree to be bound by these Terms. If you do not understand or agree to all of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

• “User Content” means any spatial data, photographs, videos, point clouds, metadata, text, graphics, and the resulting 3D models (including but not limited to Gaussian Splats, meshes, and textures) uploaded, generated, transmitted, or displayed via the Services by a User.
• “Public Content” means User Content explicitly designated as “Public” or “Published” within the Service settings, making it discoverable via URL, search indexing, spatial search, and third-party sharing.
• “Private Content” means User Content designated as “Private,” which is not indexed by search engines or discoverable via the Services’ public directories or search APIs. Access to Private Content is restricted to the account owner and third parties to whom the account owner provides a unique, non-guessable “Secure Link.” For the purposes of these Terms, a “Secure Link” refers to an obfuscated, high-entropy URL or an authenticated access token generated by the Services. The User acknowledges and agrees that the confidentiality, security, and distribution of any such Secure Link is the sole responsibility of the User. Twinbly shall not be liable for any unauthorized access, disclosure, or use of User Content resulting from the User’s sharing, distribution, or accidental exposure of a Secure Link.
• “Aggregated Works” means any derivative works, datasets, or global mapping environments (including the Legend Guide spatial index) created by Twinbly that incorporate Public Content merged, aligned, synthesized, or contextualized with other spatial, environmental, or platform data.

3.1 Eligibility

The Services are not intended for users under the age of 13. By using the Services, you represent and warrant that you are at least 13 years of age. If you are under the age of majority in your jurisdiction, you must have the permission of, and be directly supervised by, a parent or legal guardian to use the Services.

3.2 Account Creation

To access certain features, you must register for an account. You agree to provide true, accurate, current, and complete information during registration and to update such information to keep it accurate.

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at legal@rockgarden.io of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to safeguard your password.

3.4 Corporate Authority

If you are using the Services on behalf of a company, real estate brokerage, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

4.1 Twinbly Intellectual Property

Excluding your User Content, the Services and all materials therein, including software, rendering algorithms, APIs, UI/UX designs, text, graphics, logos, and trademarks (“Company IP”), are owned by or licensed to Rock Garden Inc. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Company IP.

4.2 Your Ownership

You retain all right, title, and interest in and to your User Content. We do not claim ownership of your original imagery or the specific 3D output generated solely from that media.

4.3 Limited License for Services (All Content)

By uploading User Content, you grant the Company a non-exclusive, worldwide, royalty-free, fully paid, sub-licensable, and transferable license to host, store, compute, optimize (including SH0 stripping, downsampling, memory-management pruning, and Level of Detail generation), display, reproduce, modify, format, and distribute your User Content solely for the purpose of operating, securing, and providing the Services to you.

4.4 License for Public Content

When you designate User Content as Public Content, you grant the Company, its affiliates, and successors a non-exclusive, perpetual, worldwide, royalty-free license to incorporate such Content into Aggregated Works. This license covers three categories of use:

(a) Spatial integration.

Stitching, merging, geolocating, and aligning your 3D models with other spatial data so that your Public Content can appear in Twinbly’s ecosystem products, including the Legend Guide global spatial index. This integration is a core function of publishing content and is necessary for Public Content to be displayed, searched, and browsed within the Services and partner surfaces.

(b) Display and distribution.

Displaying, distributing, and syndicating your Public Content within the Rock Garden Inc ecosystem and through third-party partners who embed or reference Twinbly via standard web mechanisms (iframes, OpenGraph previews, oEmbed, and similar).

(c) Machine learning and algorithmic improvement.

Using Public Content to train, refine, and improve spatial AI models, rendering algorithms, and machine learning systems operated by Twinbly and its affiliates. You may opt out of this specific use at any time via the “Exclude from AI training” toggle in your account settings. Opting out will remove your Public Content from future training data sets; it will not affect content already used in training runs that have completed prior to the opt-out date.

For clarity: Twinbly does not sell your raw User Content to third-party AI companies, and does not license your Content to third parties for independent commercial use outside the Twinbly ecosystem without a separate written agreement with you.

4.5 Persistence of Derivative Works

The integrity of a global spatial map depends on continuity. When you delete your account or original Public Content files:

(a) Your raw uploads and attributed 3D models.

These will be removed from public directories within 24–48 hours and permanently deleted from our active systems within 30 days, subject to short-term backup retention as described in the Privacy Policy.

(b) De-identified derivative data.

Data already incorporated into Aggregated Works (such as anonymized spatial index layers in the Legend Guide) may persist in that de-identified, derivative format to maintain system and map integrity. “De-identified” means the derivative retains no link to your account, username, profile, or original file name, and cannot reasonably be used to re-identify you as the source.

(c) EU/UK data subjects.

If you are a data subject under GDPR or UK GDPR, you may request full erasure including from derivative works by contacting legal@rockgarden.io. We will honor such requests to the extent technically feasible and consistent with our legitimate interests under Art. 17(3) GDPR.

4.6 Moral Rights Waiver

To the maximum extent permitted by applicable law, you hereby waive any and all “moral rights” or similar rights you may have in your User Content with respect to our permitted uses under these Terms.

You agree to use the Services only for lawful purposes. You represent, warrant, and agree that you will not capture, upload, or process User Content, or otherwise use the Services, in a manner that:

1. Infringes Rights: Infringes or violates the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party.
2. Lacks Consent: Captures imagery of private property, interiors, or individuals without the express legal consent of the property owner or the individuals depicted.
3. Restricted Areas: Captures restricted government facilities, military installations, critical infrastructure, or any location where photography or 3D scanning is legally prohibited.
4. Aviation Laws: Violates FAA regulations or local laws governing the operation of drones or Unmanned Aerial Vehicles (UAVs) used to capture source imagery.
5. Malicious Code: Introduces viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, specifically including code designed to bypass the Twinbly engine’s memory-management or iOS WebKit constraint protocols.
6. Data Scraping: Uses any robot, spider, crawler, scraper, or other automated means to access, harvest, or extract data, 3D assets, or metadata from the Services without our prior written consent.
7. Reverse Engineering: Deciphers, decompiles, disassembles, or reverse engineers any of the software or algorithms comprising the Services.
8. Fraudulent Misrepresentation: Intentionally alters or manipulates the “Ground Truth” or scale of a 3D model for the purpose of fraud, deception, or misrepresentation in real estate or commercial transactions.

We reserve the right, but are not obligated, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending content and suspending or terminating accounts.

6.1 Paid Tiers

Certain features of the Services (e.g., Twinbly Plus and Twinbly Pro) require a paid subscription. Free tier users may access basic processing features and purchase wallet top-ups, subject to any applicable limits.

6.2 Wallet and Processing Costs

• Top-ups: Users may add funds to their wallet balance at any time.
• Cost estimates: Before a 3D model is created, the Services will provide an approximate billing cost for that specific model based on file size, complexity, and resource requirements.
• Fund requirement: Processing will only begin if your wallet has sufficient balance. If your balance is insufficient, you must top up to proceed.
• No expiration: Unless otherwise specified in an Enterprise Agreement, wallet balances do not expire as long as your account remains active.

6.3 Billing and Auto-Renewal

By providing a payment method, you expressly authorize us (or our third-party payment processor, e.g., Stripe) to charge the applicable subscription fees on a recurring basis. Subscriptions renew automatically at the end of each billing cycle unless cancelled via your account settings at least 24 hours prior to the renewal date.

6.4 Price Changes

We reserve the right to change our subscription prices or GPU rates at any time. We will provide notice of any price changes at least 30 days before the change takes effect. Your continued use of the Services after the price change constitutes your agreement to pay the modified amount.

6.5 Refunds

Except as strictly required by applicable law, subscription fees are non-refundable and we do not provide refunds or credits for partially used billing periods. Wallet balances remain on your account as long as it is active and can be spent at any time. Wallet balances are not automatically refundable to cash or bank transfer; if you wish to recover an unused balance, contact legal@rockgarden.io and we will review the request in good faith.

6.6 Downgrades

If you downgrade or cancel your subscription, you may lose access to certain features, storage capacity, or active hosting capabilities for your models. Your published splats remain accessible through the end of your billing period. Twinbly does not accept any liability for feature-access changes resulting from a downgrade.

Twinbly complies with the Digital Millennium Copyright Act (“DMCA”). If you believe that any content on the Services infringes your copyright, please submit a written notification to our Designated Copyright Agent at legal@rockgarden.io containing the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., the specific URL).
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Repeat Infringer Policy: In accordance with the DMCA, Twinbly has adopted a policy of terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers.

The Services and all included content are provided on an “as is” and “as available” basis without warranty of any kind, whether express or implied.

To the fullest extent permissible by applicable law, Twinbly, its affiliates, and licensors expressly disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the use of the Services (including 3D rendering accuracy) will be accurate or reliable; or (d) any errors in the Twinbly engine will be corrected.

To the fullest extent permitted by applicable law, in no event shall Twinbly, its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to your access to or use of, or your inability to access or use, the Services.

In no event shall Twinbly’s total cumulative liability to you for all claims arising out of or relating to these Terms or your use of the Services exceed the greater of: (a) the total amount paid by you to Twinbly in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

You agree to defend, indemnify, and hold harmless Twinbly, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorneys’ fees) arising from:

1. Your use of and access to the Services.
2. Your violation of any term of these Terms.
3. Your User Content, including claims that your User Content infringes the intellectual property, privacy, or physical property rights of a third party.
4. Your violation of any applicable law, rule, or regulation.

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

11.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Salt Lake City, Utah, before one arbitrator. The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules and Mediation Procedures. Judgment on the Award may be entered in any court having jurisdiction.

11.2 Class Action Waiver

You and Twinbly agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Twinbly agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

11.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an individual action in small claims court. In addition, either party may seek emergency injunctive relief before the state or federal courts located in Salt Lake City, Utah, in order to maintain the status quo or halt imminent intellectual property infringement pending arbitration.

11.4 Governing Law and Venue

These Terms and any action related thereto will be governed by the laws of the State of Utah without regard to its conflict of laws provisions. For any disputes not subject to the arbitration provision herein, you and Twinbly consent to the personal and exclusive jurisdiction of the state and federal courts located in Salt Lake City, Utah.

12.1 Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted under these Terms, for any failure or delay in fulfilling our obligations due to events beyond our reasonable control, including acts of God, flood, fire, earthquake, pandemics, war, terrorism, strikes, telecommunication or internet breakdowns, or governmental actions.

12.2 Modification of Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by updating the “Last Updated” date and/or via email. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

12.3 Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. The failure of Twinbly to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

12.4 Entire Agreement

These Terms, our Privacy Policy, and any Enterprise Agreement (if applicable), constitute the entire and exclusive agreement between Twinbly and you regarding the Services.