Terms of Service

Effective date: September 1, 2026

1. Introduction

Welcome to Superscenic. Superscenic is a service operated by Hyperscene, Inc. (“Hyperscene,” “we,” “us,” or “our”).

Our goal is to allow everyone to capture and share in 3D by building powerful and intuitive 3D reconstruction software. The Superscenic mobile app, the Superscenic website at superscenic.app, and all related features are referred to together in these Terms as the “Service.”

These Terms of Service (the “Terms”) are a binding agreement between you and Hyperscene. By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Please read our Privacy Policy, which describes how we collect, use, and share personal information when you use the Service.

2. Eligibility

To use the Service, you must:

• be at least 18 years old;
• have the legal capacity to enter into these Terms; and
• not be barred from using the Service under the laws of the United States or any other applicable jurisdiction, including U.S. export control and sanctions laws.

The Service is not intended for anyone under 18.

3. Your Account

You need an account to use most features of the Service. By creating an account, you agree to:

• provide accurate account information and keep it up to date;
• keep your sign-in credentials secure and not share your account with anyone else; and
• notify us promptly at hi@superscenic.app if you suspect unauthorized use of your account.

You are responsible for all activity that occurs under your account.

You do not need an account to view content that another user has shared on our website, but these Terms still apply to you when you access the Service without an account.

4. Your Content

Recordings. “Recordings” are the data the app captures and uploads to our servers, such as images, depth maps, camera information, and location.

Scenes. When you upload a Recording, the Service creates a “Scene” for it and processes the Recording into a 3D representation. A Scene includes that 3D representation, together with any titles, descriptions, and other information you add to it. A Scene exists even if processing of the Recording has not completed or was unsuccessful.

Your Content. Your Recordings and Scenes are “Your Content.”

You own Your Content. As between you and Hyperscene, you retain all rights you have in your Recordings. To the extent we have any right, title, or interest in your Scenes, we assign it to you.

License to us. You grant Hyperscene a worldwide, non-exclusive, fully-paid, royalty-free license — sublicensable to our service providers — to use, reproduce, modify, distribute, display, perform, and create derivative works of Your Content solely for the purposes of operating and improving the Service, including displaying Your Content to others in accordance with your sharing settings.

Your responsibilities. You are solely responsible for Your Content. You represent that you have all rights necessary to submit your Recordings, add information to your Scenes, and grant the license above, and that Your Content — and our use of it as permitted by these Terms — does not violate any law or infringe any third party’s rights, including intellectual property, privacy, and publicity rights. In particular, you are responsible for ensuring that you have any consents required to capture and upload images of identifiable people or of private property.

5. Sharing

Your Scenes are private by default, and can optionally be shared. When you share a Scene, we display it, together with your profile information, to the audience you have shared it with.

We may, but are not obligated to, review, moderate, or remove any shared content. We may remove or restrict content that we reasonably believe violates these Terms or the law. To report content, contact us at hi@superscenic.app.

Viewing shared content. Scenes that other users share remain theirs. You may not copy, redistribute, modify, or otherwise use shared content without the permission of the user who owns it, except as permitted by applicable law.

6. Credits

Credits may be used to perform certain actions within the Service, for example processing a Recording into a 3D representation. We grant credits each month as part of the free tier, and as part of paid subscription plans.

Unless we state otherwise when credits are granted, credits expire one month after the date they are granted and do not roll over. Credits have no monetary value, are not redeemable for cash, are non-transferable, and are forfeited when your account is closed. We may change how the credit system works, including credit amounts and costs; changes affecting a paid plan take effect no earlier than your next renewal.

7. Subscriptions and Payment

Subscriptions are purchased through the Apple App Store and are billed by Apple, not by us. Your purchase is also subject to Apple’s terms, including its Media Services Terms and Conditions.

• Auto-renewal. Subscriptions renew automatically at the end of each billing period unless you cancel at least 24 hours before the period ends.
• Cancellation. You can cancel at any time in your App Store subscription settings. Cancellation takes effect at the end of the current billing period; you keep access to paid features until then.
• Refunds. Refunds are handled by Apple under Apple’s policies. Except where required by law or by Apple’s policies, we do not provide refunds for subscription fees or for unused credits.
• Price changes. If a subscription price changes, the change will apply through the App Store’s price-change process, and you will be notified in accordance with Apple’s procedures before it takes effect.

8. Acceptable Use

You agree not to:

1. use the Service in violation of any applicable law or regulation;
2. upload or share content that is unlawful, defamatory, harassing, hateful, sexually explicit, exploitative of minors, gratuitously violent, or that promotes illegal activity;
3. upload or share content that infringes any third party’s intellectual property, privacy, publicity, or other rights;
4. perform any fraudulent activity, including impersonating any person or entity or misrepresenting your affiliation with any person or entity;
5. use the Service to stalk, surveil, or harass any person;
6. introduce any viruses, destructive files or data, or malicious or harmful code into the Service;
7. access or scrape the Service or other users’ content by automated means without our prior written consent;
8. attempt to gain unauthorized access to, interfere with, damage, or disrupt the Service or any computer, software, database, or network connected to the Service;
9. attempt to circumvent usage limits, security measures, or access restrictions;
10. reverse engineer, decompile, or attempt to extract the source code underlying the Service, except to the extent this restriction is prohibited by law;
11. engage in any other conduct that we reasonably believe harms, or exposes to material risk, the Service, Hyperscene, our users, or any third party.

We may investigate suspected violations and may suspend or terminate accounts as described in Section 13.

9. Feedback

We appreciate your feedback. If you choose to send us feedback, ideas, or suggestions, you agree that we may use them however we choose without compensation to you.

10. Our Intellectual Property

The Service — including its software, machine learning models and weights, design, text, graphics, and the Superscenic and Hyperscene names and logos — is owned by Hyperscene or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, we reserve all rights in the Service. We grant you a limited, non-exclusive, non-transferable, revocable license to use the app and the Service for their intended purposes in accordance with these Terms.

11. Copyright Complaints

We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). If you believe content on the Service infringes your copyright, send a notice containing the information required by 17 U.S.C. § 512(c)(3) to:

Hyperscene, Inc.
Attn: Copyright Agent
4379 30th St, Suite 4
San Diego, CA 92104

Email: copyright@hyperscene.com

We may remove allegedly infringing content, forward notices to the affected user, accept counter-notices as provided by the DMCA, and terminate the accounts of repeat infringers.

12. Apple App Store

Because the app is distributed through the Apple App Store, the following applies:

• These Terms are between you and Hyperscene only, not Apple. Apple is not responsible for the app or its content, and has no obligation to provide maintenance or support for the app.
• In the event the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• Apple is not responsible for addressing any claims by you or any third party relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims under consumer protection or similar laws.
• In the event of any third-party claim that the app or your possession and use of it infringes that third party’s intellectual property rights, Hyperscene, not Apple, is responsible for the investigation, defense, settlement, and discharge of the claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
• You represent that you are not located in a country subject to a U.S. government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. government list of prohibited or restricted parties.

13. Termination

By you. You may delete your account at any time in the app settings. Deleting your account does not automatically cancel an App Store subscription — cancel it separately in your App Store settings, or it will continue to renew.

By us. We may suspend or terminate your account or access to the Service if you materially breach these Terms, if we are required to do so by law, or if we reasonably believe your use poses a risk to the Service, other users, or third parties. Where practicable, we will give you notice and an opportunity to cure before terminating. In urgent situations — for example, to prevent abuse or to address a security, legal, or operational risk — we may suspend access immediately and give notice afterward. We may also close accounts that have been inactive for at least 24 months and have no active subscription. We will email you at least 30 days before doing so, and you can keep your account open by signing in.

Effect. When your account is closed, your right to use the Service ends, remaining credits are forfeited, and your Recordings and Scenes will be deleted. We will not refund fees except where required by law or by Apple’s policies. Sections that by their nature should survive termination — including Sections 4, 9, 10, 12–16, 18, and 19 — survive.

14. Disclaimers

THE SERVICE AND ALL CONTENT PROVIDED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT CONTENT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE, OR THAT ANY CONTENT WILL BE PRESERVED WITHOUT LOSS.

The 3D representations in Scenes are approximate reconstructions. Dimensions, geometry, and appearance may be inaccurate, and you should not rely on them for measurements or for any safety-critical, engineering, legal, or insurance purpose without independently verifying their accuracy.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. If you are a consumer in the European Economic Area, United Kingdom, or Switzerland, you have legal guarantees under your local law that these Terms do not limit.

15. Limitation of Liability

In these Terms, “Hyperscene Parties” means Hyperscene and its officers, directors, employees, and agents.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. NONE OF THE HYPERSCENE PARTIES OR OUR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
2. THE TOTAL AGGREGATE LIABILITY OF THE HYPERSCENE PARTIES AND OUR SERVICE PROVIDERS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE SERVICE, WHETHER TO US OR THROUGH THE APPLE APP STORE, IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, AND (B) US $100.

These limitations do not apply to liability that cannot be limited under applicable law, including liability for our gross negligence, willful misconduct, or fraud, or, for consumers in jurisdictions that do not permit such limitations, to the extent the limitation is not permitted.

16. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless the Hyperscene Parties from and against any third-party claims, and associated damages, liabilities, and reasonable costs (including attorneys’ fees), arising out of (a) Your Content, (b) your breach of these Terms, or (c) your violation of any law or third-party right in connection with your use of the Service. We may, at our expense, assume the exclusive defense and control of any matter otherwise subject to indemnification, in which case you agree to cooperate with our defense. This obligation does not apply to the extent a claim arises from our own breach of these Terms or violation of law.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you before they take effect — for example, by email or an in-app notice — and update the effective date above. The updated Terms will apply from their effective date. If you do not agree to the updated Terms, stop using the Service before they take effect; continuing to use the Service after the effective date constitutes acceptance.

18. Governing Law and Disputes

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of California, without regard to its conflict-of-laws rules. You and Hyperscene agree to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, and waive any objection to venue in those courts.

If you are a consumer with your habitual residence in the European Economic Area, United Kingdom, or Switzerland, this section does not deprive you of the protection of mandatory provisions of the law of your country of residence, or of your right to bring proceedings in the courts of that country.

Before filing a claim, we ask that you contact us at hi@superscenic.app so we can try to resolve the dispute informally.

19. General

• Entire agreement. These Terms are the entire agreement between you and Hyperscene regarding the Service and supersede any prior agreements on that subject.
• Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, sale of assets, or by operation of law.
• No third-party beneficiaries. Except as stated in Section 12 (Apple), and except that the Hyperscene Parties and our service providers may enforce Sections 15 and 16 to the extent those Sections protect them, these Terms create no third-party beneficiary rights.
• Notices. We may provide notices to you using the email address or other contact information associated with your account, and notices provided this way satisfy any legal notice requirements.
• Legal requests. We may access, preserve, and disclose information as described in our Privacy Policy, including to comply with law or valid legal process.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

20. Contact

Hyperscene, Inc.
4379 30th St, Suite 4
San Diego, CA 92104

Email: hi@superscenic.app