Terms & Conditions

By using the Service, including watching or driving a live demo or sending the design partner form, you agree that you have read, understood, and accepted these Terms and our Privacy Policy. You must be at least 18 years old. Disputes are resolved by binding arbitration under JAMS Rules, and you waive the right to a jury trial and to participate in a class action, subject to the opt-out in §14. If you do not agree, do not use the Service.

1. Nearglass Service overview

Nearglass is a product of Ground Plane Studio, LLC, a Delaware limited liability company. Nearglass is a framework for live video at scale. The website at nearglass.com describes it, hosts its documentation, and takes design partner requests. The live demos at demo.nearglass.com and nanorc.nearglass.com show it working (together, the "Service"). The software itself, if you are given it, comes under its own license; see §5.

2. Eligibility

You must be at least 18 years old to use the Service. If you accept these Terms on behalf of a company, you represent that you have authority to bind that entity. You also represent that your use of the Service is not prohibited by any applicable law.

3. Live demos

The demos are demonstrations, open to anyone, and can change, stop or go offline at any time.

• Everything on a demo is public. The display name you enter, your chat, and what you do while driving can be seen by everyone there. We never ask for your real name to watch, play or chat, so use one only if you want to. Other people may be watching the screen you are using.
• Keep secrets off them. Do not enter a password, a card number or personal information on any demo, including the shared remote computer. That computer is wiped between drivers, and it is not yours or private while you use it.
• Turns. We may end a turn, limit it, or remove anyone from a queue or chat at any time. On demos that drive physical equipment, control can be switched off at any time, and a command may not arrive.
• Conduct. Be decent in names and chat. We may hide, mute or ban anyone, and filter names and messages automatically.
• Numbers. Latency and quality shown on a demo are what that moment measured, on that link. They are not a promise of what you will see elsewhere.

4. Design partner requests

Sending the design partner form does not create an agreement, and does not guarantee you a place, a price, a date or a feature. We may close, pause or change the program at any time. Any work together is under a separate written agreement.

5. Licenses

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the website and the demos for your personal or internal business use. You may not:

• Modify, reverse-engineer, or create derivative works of the Service, except as permitted by applicable law or an open-source license covering a specific component.
• Reproduce, distribute, or publicly display the Service outside of its intended use.
• Sub-license, sell, or transfer your license to a third party.
• Remove or alter any proprietary notices.
• Circumvent security or access controls.

The Nearglass software development kit and any other software we release are governed by the license that comes with them, not by this section.

Feedback. If you send us ideas or suggestions, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use that feedback for any purpose, without compensation or attribution.

6. Ownership

The Service, including the Nearglass name and marks, website content, and designs, is owned by Ground Plane Studio, LLC or its licensors and is protected by copyright, trademark, and other intellectual-property laws. Video and game content on the demos belongs to its respective owners.

7. Third-party components and references

The Service incorporates open-source software licensed under its respective licenses. We will send a list of those components on request to hello@nearglass.com.

We reference third-party products by name for descriptive purposes only. Those names and associated trademarks belong to their respective owners. Comparison data reflects our own measurements or publicly documented specifications at the time of writing.

8. Prohibited conduct

You agree not to:

• Use the Service in any way that violates law or third-party rights.
• Scrape, harvest, or systematically copy content from the Service.
• Submit false information to our forms.
• Probe, scan, or test the vulnerability of our systems outside our responsible-disclosure program.
• Introduce malware or other harmful code, including on a demo's shared computer, or use that computer to reach anything else.
• Harass anyone, or post anything unlawful, in a name or in chat.
• Use the Service to commit fraud or other unlawful acts.
• Assist or encourage anyone else to do any of the above.

9. Modification of terms

We may update these Terms. Routine updates take effect when posted. Material changes (those that meaningfully reduce your rights or expand your obligations) will be posted here at least 30 days before they take effect.

10. Termination

You may stop using the Service at any time. We may suspend or terminate your access with or without notice for violation of these Terms. Sections §5 (Feedback), §6, §10, §11, §12, §13, §14, and §15 survive termination.

11. Indemnity

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Nearglass, Ground Plane Studio, LLC, and our officers, directors, employees, and agents from any third-party claim arising out of (a) your unauthorized use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right.

12. Disclaimers

The Service is provided "as is" and "as available." To the maximum extent permitted by law, Nearglass and Ground Plane Studio, LLC disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You use the Service at your own risk.

13. Limitation of liability

To the maximum extent permitted by law, Nearglass and Ground Plane Studio, LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages. Our aggregate liability for all claims is capped at the greater of (a) the total amount you have paid us in the 12 months preceding the claim or (b) one hundred US dollars ($100).

14. Disputes and arbitration

Read this section carefully. Most disputes will be resolved by binding arbitration rather than in court.

Informal resolution first

Before starting arbitration, send a written Notice of Dispute to hello@nearglass.com. If we can't resolve it within 30 days, either party may start arbitration.

Arbitration

Disputes will be administered by JAMS under its Streamlined Arbitration Rules. The arbitration will be conducted in the county where you live, or by video for claims under $10,000.

Class-action waiver

You and Nearglass each agree to bring claims only in an individual capacity, not as a plaintiff or class member in any class or representative proceeding.

Exceptions

Either party may bring an individual action in small claims court, or seek injunctive relief for intellectual-property infringement, without arbitration.

Right to opt out

You can opt out of arbitration within 30 days of first accepting these Terms by sending written notice to hello@nearglass.com.

15. Miscellaneous

• Governing law. The laws of the State of California, without regard to conflict-of-law rules.
• Venue. State or federal courts in San Francisco County, California, subject to §14.
• Entire agreement. These Terms supersede any prior agreements on the same subject. A separate written agreement with us governs what it covers.
• Assignment. You may not assign these Terms. Nearglass may assign them in connection with a merger, acquisition, or asset sale.
• Severability. If any part is found unenforceable, the rest remain in full effect.
• No waiver. Our failure to enforce any provision is not a waiver of that provision.
• Electronic communications. You consent to receive communications from us electronically.

16. Contact

• Email: hello@nearglass.com

California residents may contact the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or +1-800-952-5210.