Terms of Use

These Terms govern the usage of the Services provided by RealTwin. These Terms form a binding agreement between you and RealTwin and become binding either upon express acceptance or upon indirect acceptance by starting to use the Services.

General

The following capitalised terms used herein have the meaning attached to them below:

  1. FAB means the Fab marketplace (https://www.fab.com/) provided by Epic Games, Inc.;
  2. Plugin means the tool for Unreal Engine made available by RealTwin via the FAB marketplace;
  3. RealTwin means RealTwin OÜ, a company incorporated in Estonia, registry code 16731510, address 4. Lõõtsa tn 2a, Tallinn 11415, Estonia, email ops@realtwin.org;
  4. Services means free and paid virtual production cloud services available via the Plugin and/or API by RealTwin;
  5. Terms means these terms of use along with any additional terms and conditions applicable to usage of the Services, including Unreal Engine terms and FAB terms;
  6. Unreal Engine means the 3D computer graphics game engine developed and provided by Epic Games, Inc.;
  7. User or you means an individual using the Services.

Use of the Services

Subject to all restrictions contained in these Terms, RealTwin grants you a limited, non-transferable, revokable right to access and use the Services. The Services are available via the Plugin to Users that have access to the FAB marketplace and have installed the Plugin on their device. Additionally, for the AI generation to function, you need to register as a user in the RealTwin web app and obtain an API key under your account.

Access to the Services allows you to use its functionalities. The functionalities are subject to change on the sole discretion of RealTwin. Refer to the listing in the FAB marketplace for up-to-date information about the functionalities. Some functionalities may be available only for paid Users, i.e. active subscription or available credits. The functionalities available for paid Users are displayed on the Plugin listing and/or in the Plugin itself.

You agree to adhere to any instructions provided by RealTwin regarding the proper usage of the Services. You also agree to adhere to instructions related to the FAB marketplace. It is Your responsibility to ensure that the hardware and software (e.g. Unreal Engine; Plugin) you use are up-to-date and enable usage of the Services.

Payment

The Services are available through a free or paid subscription, whereas the base Services may be provided free of charge and additional features may be offered with a paid subscription model. A detailed breakdown of all functionalities available to free and paid Users is available on the marketplace listing for the Plugin. You can manage additional features of the Services via the Plugin interface.

For subscription Services, an upfront monthly subscription fee applies. The subscription activates upon RealTwin receiving the fee for the first month, this calendar day also marking the monthly payment due date. You may terminate the subscription Services before the arrival of the next payment date, in which case the subscription terminates on the next payment date. If you have not terminated the subscription, it auto-renews for the next month. The active subscription may automatically grant you monthly credits for using credit-based Services. If you terminate the active subscription, you retain the number of credits you have on your account at the subscription termination date. You may also purchase additional credits in addition to the credits granted with the monthly subscription.

For credit-based Services, you can purchase a predetermined number of credits. Once RealTwin has received the payment, credits will be added to your account. You can use the credits for AI content generation by submitting requests via the Plugin. The total amount of credits used up with each content generation request is displayed in the Plugin. If you do not have sufficient credits, you cannot submit any more requests. All credits are non-refundable, except in the cases explicitly detailed in these Terms. Credits expire upon termination of access to the Plugin.

Payments are non-refundable except as explicitly provided in these Terms. According to Article 16(m) of the EU Consumer Rights Directive, digital content is exempt from the right of withdrawal after access is provided, if you proceed with the purchase and agree to waive any right to cancellation. You authorize RealTwin to charge your debit or credit card for the fees. RealTwin works with third-party payment providers to offer you the most convenient payment methods and to keep your payment information secure. See the Privacy Policy for more details.

Prompts and Intellectual Property

All intellectual property rights, as defined under applicable laws, in and to the Plugin and Services, including but not limited to future modifications and updates, are the sole property of RealTwin or its licensors. These Terms do not transfer or convey any intellectual property rights from RealTwin to the User, nor does it grant the User any exclusive rights in or to the intellectual property rights of RealTwin.

Some Services utilise artificial intelligence capabilities and enable AI content creation based on input content in the prompt. As between you and RealTwin and to the extent permitted by applicable laws, you retain any right, title, and interest to (i) the content you input to the AI generation tool as a prompt; and (ii) the AI generated output you receive in return.

Artificial intelligence and large language models are frontier technologies that are still improving in accuracy, reliability and safety. When you use the Services, you acknowledge and agree that:

  1. Outputs may not always be accurate and may contain material inaccuracies even if they appear accurate because of their level of detail or specificity;
  2. You should not rely on any outputs without independently confirming their accuracy;
  3. The Services and any outputs may not reflect correct, current, or complete information;
  4. Outputs may contain content that is inconsistent with RealTwin’s views.

You must ensure that you have all rights, licenses, and permissions that are necessary for RealTwin to process the input materials in accordance with these Terms. You must ensure that the input content does not violate these Terms or applicable laws.

RealTwin may use your input prompted to AI to provide, maintain, and improve the Services and to develop other products and services. RealTwin will not train AI models on any content that is not publicly available.

Liability

Unless explicitly stated otherwise, to the maximum extent permitted by applicable law, RealTwin, its employees, partners, and agents, are not liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with your use of the Services, including use of content.

Without limiting the foregoing, the liability of RealTwin shall be strictly limited to damages arising directly from its own gross negligence or wilful misconduct. RealTwin shall not be liable for any acts, errors, or omissions that do not constitute gross negligence or wilful misconduct as defined under applicable laws.

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages and thus certain limitations set out in these Terms may not apply. If any exclusions or limitations are held inapplicable or unenforceable for any reason, RealTwin’s maximum liability for any type of damages shall be limited to 50 USD.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND, OTHER THAN EXPRESSLY SET OUT IN THE TERMS, WITHOUT WARRANTIES OF ANY KIND. REALTWIN DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE AND UNINTERRUPTED, NOR DOES REALTWIN GIVE ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

REALTWIN DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. WHILE REALTWIN STRIVES TO PROVIDE USEFUL AND ACCURATE INFORMATION, YOU ARE ADVISED THAT THE CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO DATA, TEXT, GRAPHICS, AND LINKS, MAY CONTAIN INACCURACIES OR ERRORS, INCLUDING CONTENT THAT HAS BEEN AI-GENERATED.

Privacy

The Privacy Policy of RealTwin applies to usage of the Services, as it may be changed from time to time. The Privacy Policy is made available via the Marketplace or Plugin.

Term and Termination

These Terms become legally binding to you once you have signed up and RealTwin has given you access to the Services. These Terms have been entered into for an unspecified time.

RealTwin retains the right to suspend, restrict, or terminate your access to any or all of the Services and/or deactivate or cancel your credits and these Terms for any reason, by giving notice 30 days in advance. In this event, RealTwin shall reimburse you for fees paid for the running month and fees paid for credits, if any.

If you breach these Terms, RealTwin has the right to unilaterally terminate the Terms with immediate effect without any refunds.

Final Provisions

The User may not transfer or otherwise assign any of their rights or obligations arising from the Terms to a third party without the prior written consent of RealTwin.

If any provision of the Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

These Terms are governed by and construed in accordance with the laws of the Republic of Estonia, without giving effect to the conflict of laws rules.

Should any disputes related to these Terms, including matters of existence, validity, or termination, prove to be immune to resolution through mutual negotiations, the Parties agree to submit the matter to the exclusive jurisdiction of Harju County Court in Tallinn. The foregoing does not deprive the Users of any consumer rights granted under international or national laws for seeking redress in applicable courts.