Terms of Use
Intellectual Property, ScanMeNow Experience, and Permitted Uses
For clarification purposes, all the following conditions do not introduce requirements that differ from or extend beyond existing legislation. They simply summarize and transparently explain how intellectual property and data protection rights apply in practice to the ScanMeNow Experience. Even if these conditions were not expressly accepted, the general rules derived, among others, from the Consolidated Text of the Spanish Intellectual Property Law, the regulations on image rights, and personal data protection laws would still apply. Acceptance of these terms is therefore primarily informative in nature and offered for user clarity, without prejudice to the rights granted to the user by law.
1. Ownership and Applicable Regulations
All content generated as part of the volumetric scanning service —including, but not limited to, captured photographs, 3D models, point clouds, volumetric representations, Gaussian splatting, textures, meshes, intermediate files, and any other technical components (hereinafter, the "Technical Elements"), as well as demo videos and other final content provided to the user (jointly, the "ScanMeNow Experience")— constitutes works protected under intellectual property law and belongs exclusively to ScanMeNow S.L. ("ScanMeNow"), which holds all exploitation rights over such content.
These rights are protected under, among others, the applicable legislation on intellectual property and related rights (including Real Decreto Legislativo 1/1996 approving the Consolidated Text of the Intellectual Property Law), the regulations on the right to honor, privacy, and personal image (Ley Orgánica 1/1982), and personal data protection laws (Regulation (EU) 2016/679 – GDPR, and Ley Orgánica 3/2018).
2. License to Use the ScanMeNow Experience
ScanMeNow grants the user a limited, non-exclusive, non-sublicensable, and non-transferable license to use the ScanMeNow Experience (including the demo video and visualizations as delivered through the platform) freely within the scope of legitimate or good-faith ("fair use") purposes, whether personal, professional, or commercial.
In particular, the user may, without requiring additional authorization:
- (a) reproduce the ScanMeNow Experience or the demo video in presentations, websites, social networks, portfolios, advertising campaigns, and the user's own promotional materials;
- (b) incorporate the ScanMeNow Experience or the demo video, as delivered, into communication and marketing content in which the user wishes to showcase or promote their own image, brand, products, or services.
Under no circumstances may the user present, advertise, or communicate the ScanMeNow Experience, demo video, or generate content as if they were created, developed, or produced by the user or by third parties designated by the user. Whenever reasonably applicable, the user agrees not to hide or misrepresent the origin of the service and to avoid creating any impression of authorship over the technology and production developed by ScanMeNow.
3. Restrictions on Technical Elements, Isolated Components, and Other Visualization Experiences
The above license refers exclusively to the ScanMeNow Experience and/or the demo video as generated and delivered by ScanMeNow.
Any use of the Technical Elements or isolated components of the Content (e.g., sets of individual photographs, point clouds, meshes, raw Gaussian splatting, textures, or working files) outside the ScanMeNow Experience is expressly prohibited without prior written authorization from ScanMeNow, including but not limited to:
- (a) extracting, decompiling, disassembling, or performing any form of reverse engineering on the ScanMeNow Experience to obtain the Technical Elements, the original dataset, or to reconstruct the internal functioning of the system;
- (b) using the Technical Elements, in whole or in part, as a dataset or training material for artificial intelligence systems, algorithmic models, or analytical tools, whether owned by the user or third parties;
- (c) using the Technical Elements in research, academic, or educational projects, or incorporating them into other products or services intended for third parties, outside the ScanMeNow Experience;
- (d) assigning, sublicensing, reselling, systematically redistributing, or making the Technical Elements or any part of the ScanMeNow Experience available to third parties for their use as a technical resource, dataset, or base material;
- (e) integrating, importing, or reusing the Technical Elements (particularly 3D models, meshes, point clouds, volumetric representations, or Gaussian splatting) in other visualization experiences, platforms, applications, 3D viewers, graphics engines, or virtual, augmented, or mixed-reality environments, or interactive services different from the ScanMeNow Experience, whether belonging to the user or third parties;
- (f) in general, modifying, transforming, adapting, editing, or creating derivative works from the Technical Elements or any of their components, outside the functions and features provided directly within the ScanMeNow Experience itself.
4. Image Rights and Data Protection
Nothing in this clause limits or affects the user's rights over their own image, as recognized by the Spanish Constitution and Ley Orgánica 1/1982, nor their rights under personal data protection laws (Regulation (EU) 2016/679 and Ley Orgánica 3/2018). The user remains free to use their own image as they deem appropriate. The above restrictions apply exclusively to the files, Technical Elements, and content generated by ScanMeNow and protected under intellectual property law.
5. Prevention of Abusive Uses, Disproportionate Requests, and Already-Deleted Data
Without prejudice to the user's rights under personal data protection laws, ScanMeNow reserves the right to adopt reasonable measures to prevent abusive uses of the ScanMeNow Experience or of channels intended for the exercise of rights or technical-information requests.
In particular:
- (a) Under Article 12.5 of Regulation (EU) 2016/679 (GDPR), when a user's requests are clearly unfounded or excessive, especially due to their repetitive nature, ScanMeNow may:
- require payment of a reasonable fee based on the administrative costs of providing the requested information or copy, or
- refuse to act on the request, informing the user of the reasons for the refusal and their right to lodge a complaint with the competent supervisory authority.
- (b) The right of access and the right to obtain a copy of personal data, as recognized in Articles 15 and following of the GDPR and Ley Orgánica 3/2018, shall apply only to personal data actually processed and retained by ScanMeNow at any given time, in accordance with the principles of data minimization and storage limitation under Article 5.1(c) and (e) of the GDPR. This right does not entail any obligation to provide the user with all Technical Elements, internal working files, system configurations, or materials constituting trade secrets or part of ScanMeNow's know-how, pursuant to Article 15.4 of the GDPR and Recital 63, provided that the user receives an authentic and intelligible copy of their personal data.
- (c) Any request that effectively seeks to obtain a complete technical dataset, training material for artificial intelligence systems, access to the internal functioning of the platform, or reserved technical or commercial information shall be considered outside the ordinary exercise of data-protection rights and will be deemed an additional service. In such cases, any potential response will be subject to specific negotiation, a prior quotation, and express written acceptance by ScanMeNow, with no obligation on ScanMeNow to accept.
- (d) In application of the principles of minimization and storage limitation, ScanMeNow may automatically or periodically delete certain raw capture data (including, among others, original camera images, intermediate files, and technical material used solely for processing). Once such data have been destroyed in accordance with ScanMeNow's retention policies, and reproduction would require new processing or capture, ScanMeNow will not be required to reconstruct or regenerate such data in order to respond to access or copy requests —without prejudice to providing the user with access to personal data that do exist and are retained at the time of the request.
In any event, the limitations in this section shall be interpreted strictly and may not be used to unjustifiably hinder or impair the lawful exercise of the user's rights regarding personal data protection, nor to evade any legal obligations of information, access, rectification, or erasure applicable to ScanMeNow.