SplatKing End User License Agreement

1. Agreement

By downloading, installing, or using the App, you agree to this End User License Agreement (“Agreement”). If you do not agree, do not use the App.

The App is licensed, not sold. This Agreement is between you and Rubloff & Co LLC (“Company,” “we,” “us”), not Apple.

2. Eligibility

You must be at least 18 years old or the age of legal majority in your jurisdiction.

By using the App, you represent that you have the legal authority to enter into this Agreement and that you will comply with all applicable laws, including privacy, biometric, export, and intellectual property laws.

3. License Grant

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App on Apple devices you own or control, in accordance with Apple’s Usage Rules.

No ownership rights are transferred to you.

4. License Restrictions

You may not:

• Copy, distribute, sublicense, lease, resell, or commercially exploit the App itself
• Reverse engineer or attempt to extract source code except where prohibited by law
• Circumvent technical or security safeguards
• Use the App to develop or support a competing product
• Use the App in violation of privacy, recording, biometric, surveillance, export, or intellectual property laws
• Use the App to harass, defame, or invade the privacy of others

5. User Content and Capture Responsibility

The App enables you to capture images, video, spatial data, and generate 3D Gaussian splat reconstructions (“User Content”).

You retain ownership of your User Content.

You are solely responsible for obtaining all required permissions, releases, and consents from individuals captured and for complying with applicable privacy, biometric (including laws such as BIPA), publicity, surveillance, and property laws.

We do not review, monitor, or assume liability for User Content.

6. No Professional Guarantee

The App is a technical capture tool. It does not provide legal, engineering, surveying, biometric compliance, or regulatory certification services.

You are responsible for determining whether your use complies with applicable laws.

7. Privacy

Your use of the App is subject to the Gaussian Splatking Privacy Policy available at https://radiancefields.com/splatking/privacy-policy.

8. Third-Party Services

If you export or integrate with third-party platforms, those services are governed by their own terms and privacy policies.

We are not responsible for third-party services, storage providers, rendering systems, or external processing tools.

9. Updates and Support

We may update, modify, or discontinue features at any time.

We are not obligated to provide maintenance or support unless separately agreed in writing.

Apple has no obligation to provide maintenance or support for the App.

10. Disclaimer of Warranties

To the maximum extent permitted by law, the App is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.

We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, or data integrity.

We do not guarantee that capture output will be accurate, uninterrupted, or suitable for commercial use.

11. Limitation of Liability

To the maximum extent permitted by law, Rubloff & Co LLC and its affiliates, members, officers, and contractors are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost data, or business interruption.

Our total liability shall not exceed the greater of (a) $100 USD or (b) the amount you paid for the App in the prior 12 months.

12. Indemnification

You agree to defend, indemnify, and hold harmless Rubloff & Co LLC and its affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from:

• Your capture or use of User Content
• Your violation of privacy, biometric, publicity, surveillance, or intellectual property laws
• Your breach of this Agreement

13. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute arising out of or relating to this Agreement or the App shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

Arbitration will take place in New York, New York, unless otherwise agreed.

You and the Company agree to resolve disputes only on an individual basis and waive any right to participate in a class action, class arbitration, or representative proceeding.

You waive the right to a jury trial.

14. Enterprise and Commercial Use Carve-Out

If you are using the App on behalf of a company, studio, research institution, or other entity, you represent that you have authority to bind that entity.

Enterprise customers may be subject to separate written agreements that supersede this EULA in the event of conflict.

Absent a separate written enterprise agreement, all commercial and enterprise use remains subject to this EULA, including indemnification and liability limitations.

15. Termination

Your license terminates automatically if you materially breach this Agreement.

Upon termination, you must stop using and delete the App.

16. Export Compliance

You agree to comply with applicable U.S. export control laws and regulations and represent that you are not subject to trade sanctions.

17. Apple-Specific Terms

This Agreement is between you and Rubloff & Co LLC, not Apple.

Apple is a third-party beneficiary and may enforce this EULA where applicable.

Apple is not responsible for maintenance, support, or claims relating to the App.

18. Governing Law

This Agreement is governed by the laws of the State of New York, without regard to conflict of law principles.

Any court proceedings not subject to arbitration shall be brought exclusively in New York County, New York.

Contact

contact@radiancefields.com