Gaussian Splatting — Service Terms (Draft for legal review)
Last updated: June 2026
Draft — these terms are pending review by legal counsel and may change.
1. Overview, Parties & Scope
These Terms govern the Gaussian Splatting service provided by Eryk Czekalski, operating under the brand Cognitra Studio, based in Gliwice, Poland (address: Górne Wały 23b/29, 44-100 Gliwice; email: cognitra.adm@gmail.com) (the "Provider"), to the client identified in the relevant order or quote (the "Client"). The service consists of capturing real-world spaces and objects and reconstructing them as photoreal, navigable, real-time 3D scenes using Gaussian Splatting techniques, for use in product presentation, property marketing, and web embedding. These Terms apply together with each accepted quote, order or statement of work, which prevails over these Terms in case of conflict on commercial specifics. This is a draft document and should be reviewed by the Client's legal counsel before signing.
2. Services & Deliverables
The Provider performs on-site or studio capture of the agreed space(s) or object(s) using photography, video and/or scanning, then processes the data into one or more Gaussian Splatting scenes optimised for real-time rendering. Standard deliverables include a trained splat scene (e.g. ply/.splat or equivalent format agreed in the quote), a web-embeddable real-time viewer or build, and any agreed exports such as preview images, fly-through video or platform-specific packages. Each quote specifies the captured subject, target output resolution/quality tier, number of scenes, supported viewing platforms (e.g. desktop and mobile web), and the agreed number of review rounds. Items not listed in the quote — for example additional scenes, post-capture object removal, CAD/measurement data, app development, or ongoing hosting — are out of scope unless added in writing.
3. Project Process, Scope Changes & Timelines
A typical engagement runs in phases: briefing and site assessment, capture session(s), processing and training, Client review, and final delivery. Timelines stated in the quote are good-faith estimates that depend on site access, lighting and environmental conditions, capture complexity, and the timeliness of Client feedback; capture days affected by weather, occupancy or access problems may be rescheduled. The quote includes a defined number of review rounds (e.g. two); changes requested after sign-off of a phase, additional review rounds, or new requirements affecting scope are handled as change requests and may affect price and schedule. Re-capture necessitated by changes to the physical space after the capture session is billable as a new capture.
4. Fees, Estimates & Payment Terms
Fees, the pricing basis (fixed project price, daily capture rate, or per-scene), and any travel, equipment or location costs are stated in the quote. The Provider currently issues bills (rachunki), not VAT invoices, and is not a VAT payer, so the fees are not subject to VAT. Unless the quote states otherwise, the Provider may bill an advance/deposit (e.g. 50%) before the capture session, with the balance due on delivery; bills are payable within [payment term, e.g. 14] days from the bill date by bank transfer to the account indicated. Estimates are valid for the period stated in the quote and assume the conditions described in the brief; materially different conditions on site may require re-estimation. Statutory interest for late payment applies, and the Provider may suspend processing or withhold final files until overdue amounts are settled.
5. Client Responsibilities & Required Materials
The Client must provide safe, timely and unobstructed access to the space or objects to be captured, including any permits, keys, parking, power, or escort needed, and must ensure the scene is in the desired state (clean, staged, lit) for the agreed capture window. The Client confirms it has the right to allow capture of the location and all depicted objects, brands and artworks, and is responsible for the privacy of any people or sensitive information present (which should be removed or cleared before capture). The Client must supply any brand assets, reference materials and approvals on the agreed schedule and nominate a single contact authorised to give feedback and sign off on deliverables. Delays, missing approvals, or access restrictions caused by the Client may extend timelines and incur additional cost (for example a wasted-trip charge for a cancelled capture day).
6. Intellectual Property & Licensing of Deliverables
The Client retains all rights in its own brand assets, reference materials and the underlying physical property and objects. On full payment, the Provider grants the Client a license to use the final delivered Gaussian Splatting scenes and exports for the purpose described in the quote (e.g. the Client's own product, property and web marketing); the scope (exclusive or non-exclusive, term, territory, permitted media) follows what the quote states, and where unspecified the license is non-exclusive, perpetual and for the Client's own commercial use. Until full payment, all deliverables remain the Provider's property and may not be published or used. Unless the quote states otherwise, the Provider retains ownership of its tools, pipelines, intermediate capture data and know-how, and may show non-confidential excerpts of the work in its portfolio and showreel; the Client may opt out of portfolio use in writing.
7. Third-Party Tools, Platforms & Hosting
Delivery and viewing of Gaussian Splatting scenes rely on third-party components such as rendering engines, WebGL/WebGPU browsers, viewers, content delivery or hosting services, and the Client's website or CMS, each governed by its own terms and beyond the Provider's control. The Provider does not guarantee that scenes will perform identically across every device, browser, GPU or platform, and is not responsible for changes, outages or deprecations in third-party software or hosting. Where the Provider arranges hosting, embedding or a viewer on the Client's behalf, this is only included if stated in the quote; ongoing hosting, maintenance or platform fees are separate and recurring. The Client is responsible for any third-party accounts, domains, plugins or licenses required to display the deliverables on its own properties.
8. Warranties, Disclaimers & Limitation of Liability
The Provider warrants that the services will be performed with professional skill and care and that deliverables will materially conform to the agreed quote; the Provider will correct material defects reported within [warranty period, e.g. 14] days of delivery within the agreed review rounds. Because output quality depends on the physical subject, lighting, reflective or transparent surfaces, motion and access conditions, the Provider does not warrant a specific visual result beyond the agreed quality tier, and aspects such as glass, mirrors, foliage or moving objects may reconstruct imperfectly. To the fullest extent permitted by Polish law, the Provider's total liability arising from the engagement is limited to the fees paid for the affected service, and the Provider is not liable for indirect, incidental or consequential losses (such as lost profits or data); nothing limits liability that cannot be excluded under mandatory law. The Client is solely responsible for how it uses and publishes the deliverables.
9. Confidentiality & Data Protection (GDPR / RODO)
Each party will keep the other's non-public information confidential and use it only to perform the engagement. Capture may incidentally record personal data (for example people, vehicles or identifying details on site); the Client must inform the Provider in advance of any such concerns, and the Provider will, where reasonable, blur, mask or omit incidental personal data on request. The parties act as independent controllers of personal data processed under these Terms and comply with the GDPR (Regulation (EU) 2016/679) / RODO; where the Provider processes personal data on the Client's behalf, the parties will conclude a separate data processing agreement. Personal data is processed only for the purposes of performing and documenting the service, retained no longer than necessary or as required by law, and data subjects may exercise their rights via the contact in Section 11.
10. Term, Termination & Post-Engagement
The engagement begins on acceptance of the quote and ends on final delivery, unless a longer term (such as hosting or maintenance) is agreed. Either party may terminate for material breach not cured within [cure period, e.g. 14] days of written notice; the Client may cancel before completion but remains liable for work performed and non-recoverable costs incurred up to cancellation (including booked capture days). On termination, the Provider delivers any deliverables already paid for, and the Client ceases use of any unpaid materials. Unless otherwise agreed, the Provider may retain raw capture data and project files for a reasonable archival period to support reuse or re-delivery but is under no obligation to archive them indefinitely; clauses on IP, payment, confidentiality, data protection and liability survive termination.
11. Governing Law, Changes & Contact
These Terms are governed by Polish law, and any disputes that cannot be resolved amicably will be settled by the Polish court competent for the Provider's place of residence. The Provider may update these Terms for new engagements; the version accepted with a given quote governs that engagement, and changes do not apply retroactively to work already commissioned. If any provision is found invalid, the remainder stays in effect and the parties will replace it with a valid provision of similar intent. For any notice, request or data protection matter, contact the Provider at cognitra.adm@gmail.com; this is a draft to be reviewed by the Client's legal counsel before signing.