Terms of Service

1. About these Terms

These Terms of Service ("Terms") are an agreement between you and 3D Nova ("3D Nova", "we", "us"). They apply to the 3D Nova website at 3dnova.app, the dashboard, the tour builder, published tours, business cards, galleries and every other part of the service (together, the "Service").

By creating an account, selecting "Agree & Continue", or using the Service, you agree to them and to our Privacy Policy. If you use the Service for a company or other organisation, you confirm that you are allowed to accept these Terms for it, and "you" includes that organisation. If you do not agree, do not use the Service.

2. Who may use 3D Nova

• You must be at least 18 years old, or the age of majority where you live if that is higher. The Service is not meant for children, and we do not knowingly collect personal information from anyone under 18.
• By creating an account or agreeing to these Terms, you confirm that you meet this age requirement.
• If we learn that an account belongs to someone under 18, we will close it and delete its data.
• You may not use the Service if you are barred from doing so by the law that applies to you, including trade sanctions.

3. Your account

• Give accurate information and keep it up to date. You are responsible for everything that happens in your account, so keep your password safe and tell us straight away at hello@3dnova.app if you think someone else has used it.
• One person or organisation may hold only one free (Basic) account.
• You can try the builder without an account ("guest mode"). A guest tour that is not saved to an account is deleted automatically after about 24 hours.
• Until you confirm your email address, some features (such as saving, publishing and sharing) are not available.

4. Your content, and the rights you need for it

"Your content" means everything you upload or enter: 360° photos and other images, floor plans, logos, music and audio, 3D scans, text, hotspots, links, your profile and business-card details (including any profile photo), and the information your tours collect.

• You own your content. We do not claim ownership of it.
• Permission you give us. You give 3D Nova a worldwide, non-exclusive, royalty-free licence to host, store, copy, process (for example compress, resize, tile and make thumbnails), display and transmit your content, only to run, secure and improve the Service, to show your content where you choose to publish, share or embed it, and for the showcase use described in the next point. This permission ends when you delete the content or your account, except for copies kept for a limited time in backups and logs as described in the Privacy Policy.
• Showcasing public tours. We may show tours and cards that you have published publicly, for example in our website, social media posts, presentations and other marketing, and say that they were made with 3D Nova. This never applies to tours that are private, password-protected or unpublished, or to tours that hide the 3D Nova branding (white-label). You can opt out at any time by emailing hello@3dnova.app; we will then stop using your content in new marketing and remove it from our own channels within a reasonable time. We cannot recall copies that others have already shared or saved.
• You confirm you have the rights. You confirm that you own your content or have every permission needed to upload and publish it, including from photographers, music rights holders, logo owners and the owners or occupants of the properties you show.
• People in your content. If a person can be identified in a photo, scan or profile picture you upload, you confirm that they agreed to it, or that you otherwise have a legal right to publish it. Where needed, remove or blur faces, licence plates, documents and other private details before publishing. Do not upload photos of other people as your profile or card photo without their permission.
• Accuracy. You are responsible for your listings and tours being accurate and lawful, including the laws on advertising property and on consumer protection that apply to you.
• We do not review content before it is published and are not responsible for content that users publish, but we may remove content as described in section 11.

5. Acceptable use

You agree not to use the Service to upload, publish or do any of the following:

• anything illegal, or anything that infringes someone else's copyright, trademark, privacy or other rights;
• any sexual content involving minors (we report it to the authorities), or sexually explicit content;
• content that threatens, harasses, or promotes violence or hatred against people or groups;
• images or recordings of people made or shared without their consent, or someone else's private information;
• false or misleading listings, fraud, phishing, or pretending to be another person or business;
• malware, or anything designed to harm, track or take control of visitors' devices;
• spam, including through lead forms or team invitations;
• testing, probing or attacking the security of the Service without our written permission, or getting around plan limits or access controls;
• copying, decompiling or reverse engineering the Service's software, or using the Service to build a competing product;
• collecting tours, photos or other data from the Service with bots, scrapers or similar tools, including to train artificial intelligence or machine-learning models, without our written permission;
• overloading or disrupting the Service, or reselling or renting access to it without our written permission.

6. Visitor information your tours collect

Some features collect information from the people who view your tours, such as lead capture forms (name, email, phone, interest) and viewing statistics. For that information:

• you decide what to collect and why, and you are responsible for it as the "controller" under data protection laws;
• we process it only on your behalf, to provide the Service, under the customer data terms in section 12 of our Privacy Policy, which are also available as a separate Data Processing Agreement you can download and keep;
• you must tell visitors who you are and how you will use their details (for example with your own privacy notice), have a lawful reason to collect them, and answer their requests about their data;
• do not use lead forms to collect sensitive information (such as health, financial account or government ID numbers), and only contact people in ways the law allows.

7. Teams

On plans with team seats, the account owner can invite others to the owner's workspace. Tours created in a workspace belong to the owner's account. The owner decides who has access, and is responsible for their team members' use of the Service. Team members must accept these Terms with their own account.

7A. Nova+ (agencies and their agents)

Nova+ is for agencies that share tours with their sales team. These rules apply on top of the rest of these Terms.

• The agency is the customer. The person who registers the agency (and anyone they make an admin) acts for the agency, confirms they have the authority to do so, and is responsible for the agency's use of Nova+, for what it uploads, and for paying for it. Agents are invited by the agency and must accept these Terms with their own account.
• The agency owns the library and the links. Tours and files in the agency's library, and the agent links built from them, belong to the agency's account. The agency decides which tours each agent can share and can pause, remove or restore agents. Agents keep the rights to their own name, photo and details.
• What an agent link shows. An agent link (for example plus.3dnova.app/company/agent) is public: anyone with the link can see it. It shows the business card the agent filled in: name, job title, phone, WhatsApp, public email, photo and a short description, next to the agency's tour. Agents choose what to put on their card, should only add details they are happy to make public, and must not use anyone else's name, photo or details without permission. The agency is responsible for making sure it has each agent's agreement to this.
• Removing an agent. When an agency removes an agent, their link stops working straight away and their seat is freed. Their page and details are kept for 30 days so they can be restored with the same link, and are then deleted permanently, or sooner if the agency deletes them. An agent can also leave an agency from their own dashboard.
• Seats and price. A seat is one agent. The number of seats you buy sets one price per seat for all of your seats, and larger volumes cost less per seat; the current prices are on the Nova+ page. You can buy up to 1,000 seats online; for more, contact us. Adding seats mid-period is charged straight away, and removing seats gives a credit, both pro rata through Polar, and the other billing rules in section 8 (renewal, cancellation, refunds, price changes) apply to Nova+ plans in the same way.
• Trial. A new agency can try Nova+ for 30 days with up to 300 agents, without entering a card. When the trial ends, agent links are paused until a plan is active. We do not delete the agency's data at the end of a trial.
• If a plan ends or a payment fails. Agent links are paused. The tours, agents and details are kept, and links work again when the plan is active.
• Deleting the agency account. Deleting the agency account stops all agent links and deletes the agency's data as described in section 12 and in the Privacy Policy.
• Visitor details. Where an agent link collects details from visitors (for example a lead form), the details go to the agent and the agency can see them. In that case the agency is the controller under section 6, the agent acts for the agency, and 3D Nova is the processor under the Data Processing Agreement.

8. Plans, billing and cancellation

• Who you pay. Paid plans are sold through Polar (polar.sh), which acts as the merchant of record and reseller. Polar charges your payment method, adds any sales tax or VAT, and sends your receipts and invoices. Polar's buyer terms also apply to your purchase. We never see or store your full card details.
• Billing period. Paid plans are billed in advance, monthly or yearly, depending on what you choose at checkout.
• Automatic renewal. Your plan renews automatically at the end of each billing period, at the price shown at the time, until you cancel. You authorise these recurring charges when you subscribe.
• Cancelling. You can cancel at any time from the Subscription page in your dashboard. Cancelling stops the next renewal; you keep your paid features until the end of the period you have already paid for.
• Refunds on yearly plans. If you pay for a yearly plan (the first payment or a yearly renewal) and ask us for a refund within 30 days of that payment, at hello@3dnova.app, you get the full amount back. The plan then ends and your account moves to the free Basic plan.
• Monthly plans. Monthly payments are not refunded, but you can cancel at any time and keep your plan until the end of the month you paid for.
• Payment problems. If you were charged by mistake or twice, or the Service was not provided, contact us within 14 days and we will work with Polar to put it right. Refunds are made through Polar to the payment method you used. None of this limits any right to a refund that consumer law gives you.
• Price changes. We will tell you about a price change at least 30 days before it applies to your next renewal, so you can cancel first.
• Failed payments and downgrades. If a payment fails or your plan ends, your account moves to the free Basic plan. Your tours are kept, but Basic limits then apply; for example, only one tour can stay published, and features such as white labelling, custom domains and team seats stop working.
• We may change or discontinue features of the free plan at any time.

9. Copyright complaints

We respect intellectual property. If you believe content on 3D Nova infringes your copyright, email hello@3dnova.app with the subject "Copyright notice" and include:

• your name, address, phone number and email;
• a description of the copyrighted work, and the link to the content you say infringes it;
• a statement that you believe in good faith that the use is not authorised by the owner, its agent or the law;
• a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorised to act for the owner;
• your physical or electronic signature.

We will remove or disable the content and tell the person who posted it. If you believe your content was removed by mistake, you can send a counter-notice to the same address with your contact details, the removed content, a statement under penalty of perjury that it was removed by mistake or misidentification, your consent to the jurisdiction of the appropriate court, and your signature. We close the accounts of people who repeatedly infringe others' rights.

10. Reporting illegal or harmful content

Anyone, including people without an account, can report a tour or business card they believe is illegal or breaks these Terms: use Report this tour on a tour's cover screen or Report this card at the bottom of a card, or email hello@3dnova.app with the subject "Content report". Please include the link, what is wrong and why, and your name and email (you may report child sexual abuse material anonymously). For copyright, see section 9.

• We confirm that we received your report, review it promptly, carefully and objectively, and tell you what we decided.
• Reports are reviewed by people. We do not use automated systems to decide whether to remove content.
• We may stop handling reports from someone who often sends reports that are clearly unfounded, after warning them.
• Authorities and users can contact us about this at hello@3dnova.app, in English.

11. Removing content and suspending accounts

We may remove or disable content, unpublish tours, or suspend or close an account if we reasonably believe it breaks these Terms or the law, puts visitors, other users or the Service at risk, or if we are required to by law. In serious cases (for example illegal content, fraud or a security threat) we may act without notice, and if we suspect a crime that threatens someone's life or safety we tell the authorities.

• We tell you why. When we remove or restrict your content or account, we tell you what we did, which content it concerns, the facts and the rule in these Terms or the law it was based on, whether it followed a report, and how you can challenge it. We may leave this out only where the law requires us to, or for spam and similar deceptive content sent in large amounts.
• You can ask us to look again. Reply to hello@3dnova.app within six months. Someone who was not involved in the first decision will review it, and we will reverse it if it was wrong.
• Other options. If you live in the European Union, you can also take a dispute about our decision to an out-of-court dispute settlement body certified under the EU Digital Services Act, and you can always go to court.
• We may suspend, after a warning, accounts that often publish content that is clearly illegal.

12. Deleting your account

You can delete your account at any time from Account Settings. When you do, your account and its data are deleted straight away, your tours stop being available and your shared links stop working; the stored photos and files are removed from our storage within 30 days, as described in the Privacy Policy. Tours you move to Trash stay there for 30 days and are then deleted permanently, together with their photos. We may also close an account after giving notice, for example if we stop offering the Service; if you have paid in advance for a period you will then not be able to use, you will receive a pro-rata refund.

13. Other companies' services

Tours and cards can include content from other services, such as YouTube and Vimeo videos, Google Maps, and links to other websites. Those services are run by other companies under their own terms and privacy policies, and we are not responsible for them.

14. Availability and changes to the Service

We work to keep 3D Nova fast and reliable, but we do not promise that it will always be available, uninterrupted or free of errors. We may need to pause it for maintenance, and we may add, change or remove features. Keep your own copies of your original photos and files.

15. Disclaimer

To the extent the law allows, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Tours are for illustration. Tours, floor plans, measurements, automatically placed hotspots and other content made with the Service show a space as it was photographed, scanned or described. They are for illustration only: they are not a survey, valuation or inspection, may be incomplete or out of date, and are not a promise about a property's size, condition or features. Anyone relying on a tour should check the details for themselves.

16. Limitation of liability

To the extent the law allows:

• 3D Nova will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, business, data or goodwill, even if we were told they were possible;
• our total liability for all claims relating to the Service is limited to the greater of the amount you paid us for the Service in the 12 months before the claim arose, or 100 US dollars.

Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud, or your statutory rights as a consumer.

17. Your responsibility for claims

To the extent the law allows, you will defend and compensate 3D Nova for any claims, damages, losses and costs (including reasonable legal fees) brought by others that arise from your content, your use of the Service, your handling of your visitors' information, or your breach of these Terms or of the law.

18. Changes to these Terms

We may update these Terms. If a change is important, we will tell you by email or in the app before it takes effect, and we may ask you to accept the new Terms before you continue using the Service. The date at the top shows when they last changed. If you do not agree to new Terms, you can stop using the Service and delete your account.

19. Disputes

If you have a problem with the Service, please contact us first at hello@3dnova.app. Most issues can be solved quickly this way, and we both agree to try in good faith to resolve a dispute informally for at least 30 days before starting any formal proceedings.

To the extent the law allows, any claim relating to the Service must be brought within one year after the facts that caused it happened, or it can no longer be brought. This does not apply where the law does not allow such a limit, including to many claims by consumers.

20. General

• These Terms, together with the Privacy Policy, are the whole agreement between you and us about the Service.
• If you send us ideas, suggestions or other feedback about the Service, we may use them freely, without paying you or owing you anything for them.
• If any part of these Terms cannot be enforced, the rest stays in effect.
• If we do not enforce a right straight away, we do not give it up.
• You may not transfer your account or these Terms to someone else without our permission. We may transfer them as part of a merger, sale or reorganisation of our business.
• We are not responsible for delays or failures caused by events outside our reasonable control.

21. Contact

Questions about these Terms: hello@3dnova.app