Terms and Conditions

I. Scope of application

1. These General Terms and Conditions outline the conditions under which the services offered by inAR GmbH in connection with the inAR Software can be used . inAR GmbH operates the services under domain theinar.com and under mobile software applicating inAR

2. By using and/or registering with inAR Software application, you agree to these General Terms and Conditions. inAR reserves the right to change or adapt the General Terms and Conditions at any time with immediate effect. The users will be informed of such changes by being sent the new General Terms and Conditions to the email address provided by the relevant user upon registration. If the General Terms and Conditions are amended, the user of software application or clients of inAR GmbH are entitled to terminate the contractual relationship in writing within a period of 14 calendar days of being sent the amended General Terms and Conditions. If the user does not terminate the contractual relationship within that 14 calendar period, the amended General Terms and Conditions are considered to be agreed on.

II. Services of inAR GmbH

1. inAR is synthesis of cloud server with Data Centre in France that is operated by inAR GmbH as an independent portal and enables users to submit and publish their own 3D, Augmented and Mixed reality content, exchange their views on such content with others by means of native sharing,share content as well with other communities . The services provided by inAR GmbH include the 3D visualisation of products, providing Augmented and Mixed reality solutions to the clients of inAR GmbH and the users of inAR software application, integration with the shopping card of the client online shop, deep linking of products, posted in various social media.

2. inAR GmbH respects the intellectual property of third parties, personal integrity and personal privacy, especially that of the persons portrayed in the content, and asks its users to do the same.

3. The user is entitled to use and publish screenshots of inAR contents for non-commercial purposes, provided that the user ensures that every time such content is displayed, it is accompanied by a clearly visible link to inAR GmbH or a Brand that owns the certain products depicted on the screenshot.

III. Registration

1. inAR software application requires prior registration and the camera access in order to perform AR and MR experience and providing information about the regional sales .

2. Each user may only register once and create only one user profile.

3. Only users with full legal capacity or those acting with the approval of their legal representatives are entitled to use inAR software application.

4. Users are requires to keep their password confidential and not to disclose it to others If a user learns that third parties have gained knowledge of or are using their password, the relevant user must notify inAR GmbH immediately

5. After registering, a contract is established between inAR GmbH and the user, which is governed by these General Terms and Conditions and the Privacy Policy.

6. By registering in inAR , the user agrees to being sent inAR and the inAR clients (furniture brand) newsletters to the email address specified during the registration process.

7. Registration and use of inAR software application are free of charge, unless individual services are expressly designated as being subject to a fee according to inAR licence agreement signed with the clients additionally . There is no obligation for a registered user to use any services of inAR GmbH that are subject to a fee.

IV. Storage of Contents, Responsibility and Prohibited Contents

1. inAR GmbH provides the users with storage space on inAR cloud server with Datacenter Region in France for their content .

2. The user is solely responsible for their content uploaded. The user assures that the contents are in the public domain or that the user can exercise the required rights of the rights holders (including, without limitation, copyrights, trademark rights, rights to names and signs) and that no privacy rights are infringed . This applies to the user’s texts, images and plans . The user also assures that the contents placed on inAR are neither contrary to statutory provisions nor to good morals. In particular, contents must not be of a nature that glorifies violence or that is threatening, abusive, racist, defamatory, harassing, offensive, pornographic or morally harmful to youth in any other way.

3. Users are expressly made aware of the provisions of the Pornography Act. The user undertakes to comply with those legal regulations and assumes sole responsibility towards inAR GmbH for compliance with those legal regulations. The user also undertakes to indemnify inAR GmbH against any other damage resulting from the data put into circulation by the user, including, without limitation, from private criminal actions on the grounds of defamation, insult or damage to credit reputation from proceedings under the Media Act, the Copyright Act or for defamation of character and/or damage to credit reputation under civil law.

4. Users are not allowed to submit contents to inAR that intend to disseminate political or ideological views (in particular by using symbols or signs representing such views) or that pursue political or ideological aims (such as petitions, calls for opinions, gatherings, etc.).

5. The user is responsible for ensuring that the contents s/he places on the storage space on inAR are free from viruses, worms, Trojans or other programs that could jeopardise or adversely affect the proper functioning or existence of inAR or the systems of other users.

6. inAR GmbH is entitled to remove contents that violate the conditions set out in these General Terms and Conditions. The user has no right to demand that a ban be lifted or that contents that have already been removed be resubmitted by inAR GmbH. inAR GmbH is entitled to exclude the user from future use of the services offered on inAR and/or to assert claims (including, without limitation, claims for damages) against that user.

7. inAR GmbH is neither responsible, nor does it endorse or accept liability for forum posts made by users and/or links or linked third-party websites posted to the forums.

V. Duration of the right of use

1. The user can terminate his/her membership at any time by giving notice to inAR GmbH.

2. inAR GmbH is entitled to terminate a user’s right to use the services if the user fails to comply with the obligations set forth in these General Terms and Conditions and License agreement.

3. In the case of termination, inAR GmbH is entitled to delete the contents submitted by the user. The user is not entitled to demand that the contents submitted by the user be returned or provided to him/her in any other way.

4. Notwithstanding the foregoing, inAR GmbH is entitled to discontinue inAR software application, the services offered through inAR or parts thereof at any time and without prior notice. The user’s right of use automatically expires to the corresponding extent.

VI. Grant of rights

1. The user permits inAR GmbH to use the submitted contents to provide the services accessible on inAR app and grants inAR GmbH the rights to the contents required for that purpose at no charge. The user has the right to object to the publication, reproduction, dissemination or transmission to third parties by inAR of the contents generated by the user (the „User-Generated Contents“).

2. inAR GmbH is entitled to place advertisements – if appropriate also in a personalised manner by means of social and/or behavioural targeting or by other means – in the surrounding areas of the contents that have been made publicly accessible and by using such contents and/or to carry out other promotional activities (collectively the „Promotional Activities“). The user herewith expressly agrees to the above.

3. As inAR is an open community, the user agrees that third parties are entitled to link or otherwise refer to published and shared user-generated content from external sources. Also, the purpose of the community requires that any user-generated content shared or published by the user and therefore made public is freely available to third parties and can be used by third parties for their own purposes. The user is solely responsible for the content submitted/shared/published by him/her.

4. The user also permits inAR GmbH to edit the submitted contents and also to adapt them to the format specifications required for use, to improve their display quality and to use them internally to improve the inAR software.

5. The rights granted to inAR GmbH by the user expire upon removal of the contents from the range of services offered by inAR.

6. The user guarantees to inAR GmbH that they holds all required rights to the submitted contents and that he/she neither infringes any third-party rights of whatever kind, nor violates any statutory provisions, and indemnifies inAR GmbH, its affiliates as well as the representatives, employees, shareholders and any agents of inAR GmbH or affiliates of inAR GmbH upon first request against all claims that are brought against inAR GmbH by third parties based on the allegation that the contents submitted to inAR by the user infringe their rights or violate statutory provisions – this also includes the reasonable costs of legal defence.

7. inAR GmbH permits the user during his/her membership to use the services offered on inAR app by inAR GmbH and grants the user the non-transferrable right of use for that purpose.

8. End-Users of inAR software application consent to the (i) collection, storage, and use by PTC company and its affiliates and service providers of Statistics and, if Licensee Product uses the Cloud Recognition Service, Camera Views from the Software; (ii) transfer of Statistics and, if applicable, Camera Views between PTC and its Affiliates and

9. End-user is advised of the hazards of using a camerabased application while driving, walking, or otherwise by being distracted or disoriented from real-world situations; and

10. If the Licensee Product uses the Cloud Recognition Service, end-user will not use the Licensee Product to capture Camera Views that comprise, constitute or depict (i) profanity, nudity, pornographic images or explicit sexual themes, or defamatory or libellous statements, material that infringes the intellectual property of any person or entity, material that infringes upon the privacy or data protection rights of any person, or material considered illegal or objectionable; or (ii) facial images except if and to the extent that Licensee has obtained consent of the subject in advance, provided that such consent must be documented by the Licensee Product.

VII. Availability of services

1. The user accepts that inAR GmbH itself does not assume any guarantee or warranty for the availability of the services offered on inAR by inAR GmbH. inAR GmbH reserves the right to discontinue inAR software application or the services offered through inAR in whole or in part or to limit their availability, even without prior notice - applicable for all users who use the platform for free.

2. inAR GmbH does not assume any responsibility for the availability of the offered services for use by the users at any time and/or without any interruptions. inAR GmbH does also not warrant that contents submitted by the users can be accessed, displayed or edited again later.

VIII. Liability

1. inAR GmbH excludes, all liability for damage incurred by the user himself/herself or by third parties in connection with inAR.It is the user who is responsible for using inAR in a manner that ensures that no damage is suffered by the user or third parties, regardless of whether or not the services of inAR were used in accordance with their intended purpose, and regardless of whether or not the services of inAR were functioning properly at all times from the viewpoint of inAR GmbH. Any liability for consequential damage and lost profit as well as compensation for damage to property is also excluded by mutual agreement. The liability of inAR GmbH for injury to life, body and health and the liability under the Product Liability Act remain unaffected. The preceding limitations of liability also apply in the case of a breach of duty by the legal representatives or agents of inAR GmbH.

2. Any other claims for damages against inAR GmbH become time-barred after 12 months from the date on which they arose, except where the claims are based on an intentional or unlawful act or where they involve liability under the Product Liability Act.

3. The preceding limitations of liability also apply to affiliates of inAR GmbH and to any personal liability of the employees, representatives, shareholders and vicarious agents of inAR GmbH and/or affiliates of inAR GmbH.

4. Any liability on the part of inAR GmbH for products acquired by the user from third parties is excluded in any event, even if such third party was named or such acquisition was arranged by inAR GmbH.

IX. Independent service providers

1. Services offered through inAR by third parties (Internet content providers, ICPs) may be subject to additional conditions and fees for the user. The user must inform themselves about the general terms and conditions and the fees of ICPs before using their services. The contractual relationship regarding the services offered by an ICP is established exclusively between the ICP and the user, but not with inAR GmbH.

2. inAR GmbH does not assume any liability whatsoever for services provided by ICPs.

X. Notification of legal violations

1. If users submitted contents to inAR which you believe to be in violation of these General Terms and Conditions or of statutory provisions, please inform us at inf@theinar.com

XI. Industrial property rights of inAR GmbH

1. The user recognises that all trademark and other industrial property rights and all signs relating to the services offered by inAR belong exclusively to inAR GmbH and may not be used without the prior written consent of inAR GmbH. Also, no software associated with the services offered may be copied, decompiled or altered in any other way, unless inAR GmbH has given its express consent.

XIII. Place of performance, place of jurisdiction, choice of law & contract language

1. The place of performance is Baden AG.

2. These General Terms and Conditions and the contract between the user and inAR GmbH are exclusively governed by Swiss law, excluding the conflict-of-laws rules of private international law .

3. The contract language is English or German.

XIV. General provisions

1. If individual provisions in these General Terms and Conditions are ineffective, the effectiveness of the remaining provisions remain unaffected Ineffective or void provisions are to be replaced by provisions whose contents and purpose most closely correspond to the commercial intent of the parties. This applies in case any provisions are missing in these General Terms and Conditions.

2. Unless mandatory statutory provisions provide otherwise, all legally binding statements in connection with the contractual relationship between the user and inAR GmbH must be made in writing and sent to the other party’s e-mail address If a statement is sent to the e-mail address last made known in writing, the relevant party is deemed to have received such statement.

XV. Right of withdrawal

1. A user who is a consumer may withdraw from a distance contract within a period of 3 month before the expiration of the active one year License agreement. Note that the first year license agreement can not be terminated. The client can terminate the next year license agreement not later then within the period of 3 months till the end of active license agreement .It is sufficient if the statement of withdrawal is sent within that period.

2. To exercise the right of withdrawal, the user must inform inAR GmbH of his/her decision to withdraw from the contract concluded with inAR GmbH on the basis of the registration by an unequivocal statement (e.g. by letter, fax or e-mail). For that purpose, the user may send an email to inAR GmbH.

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