Terms & Conditions for Customers
AT A GLANCE
Here, at indexAR, we want to make your Augmented Reality (“AR”) as engaging and useful as possible, while providing the best possible service. That is why we want you (we also refer to you as the “Audience” in this document) to take a minute to review the main features of our product, indexAR (the “Mobile App”) as well as understand how you can use it properly.
When you accept these terms and conditions, we consider that you understand how the Mobile App works. If you have any questions about the Mobile App, e-mail us at firstname.lastname@example.org
Who we are. The Mobile App is operated by Mo’Real Universe SRL, a company registered in and operated from Romania. You can learn more about us visiting our website (https://indexar.tech/), or e-mailing us at email@example.com. We may also refer to ourselves as “we”, “us”, “our company” in this document.
What is the Mobile App? The Mobile App is a free AR mobile application, which you need to download from the Mobile Apple Mobile AppStore to access it. The Mobile App allows you to:
• interact with different types of experiences / content that we have categorized in this modules: Entertainment, Discovery, Learning, Art, Lifestyle (furniture, real estate and home decorations)
What can you do with the Mobile App? The Mobile App is designed to help you see 3D digital models of objects in your real surroundings and, as a result, help you better understand how they look and integrate in the reality around you. The Mobile App can be used to interact with Authors that own or distribute content that you can view in AR. For your ease, while using the Mobile App, you will receive some tips about how it works, which you can freely dismiss at any time. You can learn more about what you can and cannot do with the Mobile App in Section 2.3 below.
Who is the owner of the objects you can see in AR? All objects available in the Mobile App are owned and/or distributed by the Authors. We are constantly working with them to make sure all objects are presented as they look like in reality. We also provide you with ways to let us know if you find some errors about the objects. You can learn more about the content of the Mobile App in Section 3 below.
We strive to maintain this information as accurate as possible. As the Mobile App evolves, these Terms of Service may also change. If any changes that seriously impact your experience in the Mobile App occur, we will inform you in advance about this, using the contact details you have provided to us.
The following terms are used regularly throughout these Terms of Service and have a particular meaning:
1.1. Mobile App means the indexAR Mobile Application accessible from:
1.1.1. the AppStore, operated by Apple Inc. (by accesing the URL: https://itunes.apple.com/us/app/indexar/id1334247225?ls=1&mt=8 or searching the name of the Mobile App);
1.1.2. Google Play, operated by Google LLC. (by accesing the URL:  or searching the name of the Mobile App);
1.1.3. the homepage of indexAR, available at https://indexar.tech/, and then downloading the Mobile App following the buttons provided there.
1.2. Terms of Service means theses terms and conditions, regulating the use of the Mobile App, as updated from time-to-time, which can be found at [https://indexar.tech/terms-and-conditions.html#customers].
1.3. AR means augmented reality, an enhanced version of reality created by the use of technology to overlay digital information on an image of something being viewed through a device (such as a smartdevice camera);
1.4. Product means any digital media element that can be accessed, viewed, or interacted-with via the Mobile App as an AR element, and includes without limitation:
1.4.1. 2D or 3D images, whether animated, moving or static;
1.4.2. Computer games (or elements of games);
1.4.5. 2D or 3D text whether animated, moving or static;
1.4.6. A combination of the above; and
1.4.7. Any other form of audio-visual media capable of being accessed via the Mobile App.
1.5. Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Romania.
1.6. indexAR means Mo’Real Universe SRL, a company registered and functioning in accordance with Romanian laws, wits its headquarters in Timiș county, Timișoara, 2-4 Circumvalatiunii Street, office 104, registered in the Trade Registry under no. J35/1269/2015, Sole Identification Code RO34568081, e-mail address: firstname.lastname@example.org. indexAR is the exclusive owner of all rights over the Mobile App.
1.7. Content means any media content accessible via the Mobile App, made available by Authors or indexAR and includes Products and, if the case, Triggers.
1.8. Authors means an entity or a pearson that, with indexAR’s help and based on their commercial collaboration, uses the Mobile App as an interface for 3D digital models of Products to make Products available to the Audience.
1.9. Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property;
1.10. Marker means a two dimensional image used to project an Product in AR via the Mobile App.
1.11. Site means indexAR's website available at https://indexar.tech
1.12. Trigger means (a) any action made by the Audience in the Mobile App; and/or (b) data provided by the Audience in the Mobile App; and/or (c) data collected by the Mobile App from the Audience, that will lead to the deployment of a Product in AR;
1.13. Audience/ Audience member means any user that uses the Mobile App, regardless of whether they are creating an account or not in order to use the Mobile App.
1.14. Audience’s Content means any designs, graphics, wireframes, images, videos, audio, information, documents or other data that is downloaded by the Audience from the Mobile App after being created using the Mobile App, by the Audience.
1.15. Stories means a set of actions that an Author may define in the Web Platform, based on the provisions of the Agreement and during the time of the Agreement, unless a longer timeframe is specified in the Agreement.
1.16. Collection are the predeffined types of content that can be delivered trough the Mobile App ( ex. Entertainment, Discovery, Learning, Art, Lifestyle)
1.17. Category is a predefined way of classifying content insde a Story
1.18. Section is a customisable way of classifying content inside a Story
2. USING THE MOBILE APP
2.1.1. The Audience agrees that all use of the Mobile App is subject to these Terms of Service.
2.1.2. The Mobile App is free to use subject to the Audience's compliance with this Terms of Service.
2.1.3. indexAR may update these Terms of Service from time-to-time at its discretion. IndexAR will notify the Audience of any significant changes, which will Mobile Apply from the next time the Audience uses the Mobile App or according to what is indicated in indexAR’s notice. If you do not accept the updated Terms of Service, the new version of the Mobile App may not fully or partially work on your mobile device.
2.2. Features of the Mobile App
The Mobile App may enable an Audience to:
2.2.1. view and interact with AR Products via their mobile device, by (a) aiming the camera of their mobile device at their surroundings and placing the Product in that surrounding; or (b) otherwise providing the Mobile App with any other Trigger that may be available in the Mobile App, depending on the version of the Mobile App; or (c) aiming the camera of their mobile device at their surroundings and receiving visual information in AR related to their surrounding
2.2.2. view any other Content provided by an Author
2.3. Using the Mobile App
2.3.1. In order to view and interact with a Product via the Mobile App, the Audience must provide the Mobile App with a Trigger or no trigger at all, depending on the Author’s intention regarding that Product.
2.3.2. The most common way that an Audience may interact with a Product is by positioning it in the Audience’s surroundings, using the camera of their mobile device. The Audience may also aim the camera of their mobile device at their surroundings and receiving visual information in AR related to their surroundings.
2.3.3. The Mobile App requires permissions to use various services and features of the Audience's mobile device to function correctly, including but not limited to access to the mobile device's camera, or GPS data. Failure to grant the Mobile App permission to those services may result in the Audience not being able to fully or partially use the Mobile App.
2.3.4. Triggers may be provided to the Audience by indexAR or an Author, based on an Author’s option, and indexAR or the said Author may impose additional rules on the use by the Audience of indexAR’s or Author's Triggers, Products and other Content.
2.3.5. If Products are provided by indexAR, this will be made visible in the description or associated information of that Product in particular.
2.3.6. indexAR shall not be responsible for any Trigger, Product or other Content made available to an Audience by an Author.
2.3.7. indexAR is under no obligation to provide the Audience with a Trigger in order to use the Mobile App, but may make Triggers available based on indexAR's and/or the Authors’ option.
2.3.8. The correct functioning of the Mobile App depends on the hardware used by the Audience and the environment conditions at the time of operation. Currently, the Mobile App can run on the following types of devices and operating systems:
220.127.116.11. Devices: iPhone 6s and 6s Plus, iPhone 7 and 7 Plus, iPhone SE, iPhone 8 and 8 Plus; iPhone X; iPad Pro (9.7, 10.5 or 12.9) – both first-gen and 2nd-gen, iPad (2017); Asus Zenfone AR, Asus ZenFone Ares, Google Pixel 2, Google Pixel 2 XL, Google Pixel, Google, Pixel XL, Huawei P20, Moto Z2 Force, OnePlus 5, Samsung A5, Samsung A7, Samsung A8, Samsung A8+, Samsung Note8, Samsung S7, Samsung S7 Edge, Samsung S8, Samsung S8+;
18.104.22.168. Operating Systems: iOS 11 and later; Android 7.0 (Nougat) and later.
2.3.9. The list mentioned in point 2.3.7 above may be subject to changes depending on updates made by the developers and producers of the mentioned operating systems and devices, changes which are outside of indexAR’s influence.
2.3.10. The Audience must exercise caution and maintain an awareness of their surroundings when using the Mobile App, as hazards may exist in the Audience's immediate environment that may not be detectable via the Mobile App.
2.3.11. indexAR accepts no responsibility if an Audisnce’s member cannot use the Mobile App due to:
22.214.171.124. Environmental conditions;
126.96.36.199. Failure by the Audience to provide the Mobile App access to the various services and features of the mobile device required and requested for the Mobile App to operate correctly;
188.8.131.52. Incorrect operation by the Audience;
184.108.40.206. Lack of access to a Trigger, Product or any other Content.
2.3.12. For the avoidance of doubt, the Audience acknowledges that the Mobile App will only present the Audience access to a Product when the Mobile App is:
220.127.116.11. Correctly operated by the Audience;
18.104.22.168. Has access to all necessary services of the mobile device; and
22.214.171.124. provided with a Trigger, if requested by the Author or indexAR.
2.3.13. indexAR is under no obligation to guarantee any Audience member with an AR experience.
2.4. Limitations on Use
2.4.1. IndexAR may limit or restrict access to the Mobile App from time-to-time on any basis as it sees fit, including (but not limited to):
126.96.36.199. Location. indexAR may restrict access to the Mobile App from a or any location;
188.8.131.52. Use of Content: indexAR may restrict access to the Mobile App, or hold the Audience liable if the Audience posts any material that the Audience knows, or ought to know cannot be legally distributed, or that infringes indexAR’s activity, regardless of the medium where such content is placed, to the extent indexAR can identify which Audience member has posted such content.
3.1. Content is the sole responsibility of the person or entity that contributed the content to the Mobile App (including an Audiences’ member) by uploading or otherwise posting, inserting or providing it.
3.2. The Audience may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part).
3.3. The Audience may download Content from the Mobile App for personal use, which will then become Audience Content. Audience Content may freely be used by the Audience, for instance, sharing it on social media or communicating it via e-mail to its friends. The Audience may not make representations that they have created the Audience Content individually, and indexAR reserves its right to initiate legal action against Audience members that, through their actions using the Audience Content, damage indexAR’s and/or the Mobile App’s image or reputation.
3.4. The Audience acknowledges that Audience accesses Content via the Mobile App at its own risk, and that by using the Mobile App that the Audience may be exposed to Content that he may find offensive, indecent or objectionable.
3.5. In case of any Content that the Audience qualifies as being offensive, indecent, objectionable or otherwise disturbing, the Audience has the possibility of informing indexAR by e-mailing indexAR at email@example.com. indexAR shall have full discretion in assessing the request and deciding to act upon it in any particular way.
3.6. To the extent permitted by law, under no circumstances will indexAR be liable in any way for any Content, including but not limited to:
3.6.1. Errors or omissions in any Content;
3.6.2. Editing, restricting or removing Content; or
3.6.3. Loss or damage of any kind incurred as a result of the use of any Content accessed via the Mobile App.
4. GENERAL CONDITIONS
4.1.1. By accepting these Terms of Service, the Audience is granted a free, limited, non-exclusive and revocable licence to access and use the Mobile App for the duration of these Terms of Service, in accordance with the terms and conditions of these Terms of Service.
4.1.2. IndexAR may revoke or suspend the Audience's licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in these Terms of Service by the Audience.
4.2. Modification of Terms
4.2.1. The terms of these Terms of Service may be updated by indexAR from time-to-time, and the Audience is required to review this section to observe any changes that may have occured.
4.2.2. Where indexAR substantially modifies the terms, it will provide the Audience with written notice, and the Audience members will be required to accept the modified terms in order to continue to fully or partially use the Mobile App.
4.3.1. The Audience agrees and accepts that the Mobile App is:
184.108.40.206. hosted by indexAR and shall only be installed, accessed and maintained by indexAR, accessed using the Internet or other connection to indexAR servers and is not available 'locally' from the Audience's systems; and
220.127.116.11. managed and supported exclusively by indexAR from indexAR-accesible servers and that no 'back-end' access to the Mobile App is available to the Audience unless expressly agreed in writing.
4.3.2. As a hosted and managed service, indexAR reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Mobile App.
4.4.1. indexAR provides user support for the Mobile App via the email address firstname.lastname@example.org.
4.4.2. indexAR shall endeavour to respond to all support requests in due time for the Audience’s experience in the Mobile App to not be affected.
4.5. Use & Availability
4.5.1. The Audience agrees that it shall only use the Mobile App for legal purposes, according to its destinated use-cases and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by indexAR in its discretion.
4.5.2. The Audience agrees that indexAR shall provide access to the Mobile App to the best of its abilities, however:
18.104.22.168. Access to the Mobile App may be prevented by issues outside of its control; and
22.214.171.124. It accepts no responsibility for ongoing access to the Mobile App.
4.7.1. Security. indexAR takes the security of the Mobile App and the privacy of its Audience very seriously. The Audience agrees that the Audience shall not do anything to prejudice the security or privacy of indexAR's systems or the information on them.
4.7.2. Transmission. IndexAR shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the Audience to ensure that any transmission standards meet the Audience’s operating and legal requirements.
4.7.3. Access. The data made available in and/or generated by the Mobile App is accesible by the following people and for the following purposes:
126.96.36.199. indexAR’s senior management, to monitor the usage of the Mobile App;
188.8.131.52. indexAR’s development team, to identify any malfunctions of the Mobile App before they happen, or intervene in case indexAR’s senior management signals a malfunction of the Mobile App;
4.7.5. Storage. Data is stored by indexAR on one Linux operating system server, Ubuntu, with 8 cores of processing power, 28 GB of RAM (random access memory).
4.8. Intellectual Property
4.8.1. Trademarks. indexAR has moral & registered rights in its indexAR trademark and the Audience shall not copy, alter, use or otherwise deal with the mark without the prior written consent of indexAR.
4.8.2. Proprietary Information. indexAR may use software and other proprietary systems and Intellectual Property for which indexAR has appropriate authority to use, and the Audience agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The Audience warrants that it shall not infringe on any third-party rights through the use of the Mobile App.
4.8.3. The Mobile App. The Audience agrees and accepts that the Mobile App is the Intellectual Property of indexAR and the Audience further warrants that by using the Mobile App the Audience will not:
184.108.40.206. Copy the Mobile App or the services that it provides for the Audience 's own commercial purposes; and
220.127.116.11. Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Mobile App or any documentation associated with it.
4.8.4. Content. All content provided in the Mobile App is the Intellectual Property of indexAR or of a Audience, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the Audience memberor any other party with respect to the Mobile App.
4.9. Liability & Indemnity
4.9.1. The Audience agrees that it uses the Mobile App at its own risk.
4.9.2. The Audience acknowledges that indexAR is not responsible for the conduct or activities of any Audience member and that indexAR is not liable for such under any circumstances.
4.9.3. The Audience agrees to indemnify indexAR for any loss, damage, cost or expense that indexAR may suffer or incur as a result of or in connection with the Audience 's use of or conduct in connection with the Mobile App, including any breach by the Audience of these Terms.
4.9.4. In no circumstances will indexAR be liable for any direct, incidental, consequential or indirect damages, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Audience 's access to, or use of, or inability to use the Mobile App, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not indexAR knew or should have known of the possibility of such damage, loss, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise.
4.9.5. If the Audience suffers any damage as a result of its interactions with the products available in the Mobile App, the Audience may be compensated by the Author who made the said Product available in the Mobile App, indexAR bearing no responsability to this extent.
Terms & Conditions for Companies
1.1. indexAR operates and provides the Website and, as part of it, the Web Platform, for the management of 3D digital models, uploaded by Authors, to be shown in Augmented Reality through the Mobile App to their Audience
1.2. The Web Platform is accesible by any individual who wishes to use it for the purpose described in point 1.1. above, regardless of its position (including freelancers, creative artists, Author or others). At the same time, indexAR, based on its agreements with other parties, may also use the Website in order to manage its own 3D digital models.
1.3. Use of the Website and the Web Platform is subject to these Terms of Service, as they may be amended from time to time.
1.4. Terms written in capital letters in this section shall have the meaning ascribed to them in Section 2 below.
2.1. Agreement means any agreement concluded in writing between indexAR and a Author, which, along these Terms of Service, (de spus ca si aceste T&C tin loc de contract) forms the entire agreement between indexAR and that Author.
2.2. App or Mobile App means the indexAR mobile application, developed and owned by indexAR, which is capable of deploying an Product in Augmented Reality for the Audience to interact with.
2.3. App Terms or Mobile App Terms means the terms of service that apply to the use of the Mobile App accessible at https://indexar.tech/terms-and-conditions.html#Author as updated from time-to-time.
2.5. AR means Augmented Reality.
2.6. Product means any digital media element that is uploaded within the Web Platform for deployment via the App as an AR element, and includes without limitation:
2.6.1. 2D images or 3D digital models, whether animated, moving or static;
2.6.2. 2D or 3D text whether animated, moving or static;
2.6.3. a combination of the above; and
2.6.4. any other form of audio-visual media capable of being deployed via the App.
2.7. Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Romania.
2.8. Stories means a set of actions that an Author may define in the Web Platform, based on the provisions of the Agreement and during the time of the Agreement, unless a longer timeframe is specified in the Agreement.
2.9. Collection are the predeffined types of content that can be delivered trough the Mobile App ( ex. Entertainment, Discovery, Learning, Art, Lifestyle)
2.10. Category is a predefined way of classifying content insde a Story
2.11. Section is a customisable way of classifying content inside a Story
2.13. Author means an individual ora legal entity, with which indexAR may have concluded an Agreement and which can access the Web Platform to upload its Products and/or deliver/promote it’s Stories . Author include freelancers, creative artists or other individuals, regardless of their form of organisation, which create an account on the Web Platform.
2.14. Audience means a registered or non-registered user of the Mobile App, which may interact with Products uploaded by the Authors and/or indexAR, and whose such interactions may be seen by the Authors;
2.15. IndexAR means Mo’Real Universe SRL, a Author registered and functioning according to Romanian laws, having its headquarters in Timișoara, 2-4, office 104, Calea Circumvalatiunii, Timiș county, registered with the Trade Registry under no. J35/1269/2015, Sole Registration Number 34568081, e-mail address email@example.com.
2.16. Confidential Information means any written or verbal information that:
2.16.1. is about a party’s business or affairs;
2.16.2. is about the conduct of a party under the Agreement, during the term of the Agreement;
2.16.3. a party to the Agreement informs the other party that it considers to be confidential and/or proprietary;
2.16.4. a party would reasonably consider to be confidential in the circumstances; and
It does not include information that a party can establish:
2.16.5. was in the public domain at the time it was given to that party;
2.16.6. became part of the public domain, without that party’s involvement in any way, after being given to the party;
2.16.7. was in party's possession when it was given to the party, without having been acquired (directly or indirectly) from the disclosing party; or
2.16.8. was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
2.17. Fee means any fee charged by indexAR to the Author for access and use of the Web Platform, according to the Agreement with that Author (where such agreement is concluded) and/or these Terms of Service, under a paid plan to use the Web Platform.
2.18. Intellectual Property means all copyright, patents, inventions, trade secrets, know- how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property;
2.19. Services means any consulting, content creation, display and content promotion or development services provided by indexAR to an Author, as provided in the Agreement with that Author (where such an agreement is concluded) and includes (without limitation) the activation and promotion of one or more Campaigns in the Mobile App.
2.20. Website means the website available at the indexar.tech domain name;
2.21. Web Platform means the platform available on the Website,which may be used by Authors and/or indexAR for the following purposes:
2.21.1. uploading, editing and managing Products;
2.21.2. communicating with the Audience through a messaging system, about any aspects related to the Products;
2.21.3. handling any notices regarding problems related to Products (such as lack of conformity or appropriateness of the Products);
2.21.4. providing statistical data on the way Audience interacts with the Products.
3. USING THE WEB PLATFORM
3.1. To use the Web Platform, any individual may create an account with an e-mail address and a password. If the individual is the representative of an Author , the creation of an account on the Web Platform may trigger additional functionalities according to the Agreement with indexAR.
3.2. Once registered, the individual may access the following sections available in its user profile:
3.2.1. Storyboard which offers an overview of the Stories uploaded in the Mobile App, along with various statistics, the amount of storage and traffic used under the active subscription plan, the number of visits and interactions with the Author’s Products, as well as a list of all Products that the Author has uploaded on the Web Platform, organised in the Product Gallery;
3.2.2. My Account, where changes may be made to the active subscription plan, the details of the individual’s account and payment details, as well as contact details of the individual in charge with the account; an option to delete the account is also active;
3.2.3. Product Gallery, where an Author may load new Products or manage, review and edit already uploaded Products;
3.2.4. Messages, which stores both the conversations with Audiences, and any problem reports related to the Products made by the Authors or indexAR;
3.2.5. Statistics, which provides an in-depth analysis of aggregated actions taken by Audiences on various Products available in the Mobile App.
3.3. Author are exclusively responsible to allow only authorised representatives access to an account on the Web Platform that would enable said representatives to act on behalf of indexAR and by uploading and managing Products.
3.4. Author are responsible to pay the applicable Fees, according to information on the invoice issued by indexAR. Invoices will be issued by indexAR and submitted to the Author via e-mail, using the contact details in the Author’s account on the Web Platfor.
3.5. In order to make a Product available in the Mobile App, the Author must fill in a form with details about the Product, as well as upload a 3D model zip file. If the zip file does not correspond to the requirements of the Web Platform, an error message will be displayed.
3.6. After the Product is uploaded in the Web Platform, the Author may freely choose the moment when the Story is published and available in the Mobile App, as well as unpublishing it further on.
3.7. Based on Author requests and according to the Agreement between the Author and indexAR, indexAR may also provide services related to 3D modelling of Products, if the Author does not have the Products in the required format for it to be uploaded in the Web Platform.
3.8. For all the Products made available in the Mobile App, via the Web Platform, the Author grants indexAR a non-exclusive, worldwide licence for the entire duration of the account on the Web Platform, to use the name, description and image of the Products in promoting the Web Platform and the Mobile App.
3.9. The Author acknowledges and agrees that:
3.9.1. it is responsible for the Products that it makes available in the Mobile App, via the Web Platform;
3.9.2. it indemnifies indexAR, and will hold indexAR harmless against any claim by a Audience or another third-party in relation to indexAR Products deployed in the Mobile App, via the Web Platform;
3.9.3. the correct functioning of the Web Platform depends on the Author’s access to the internet, the hardware used by the Author and the environment conditions at the time of operation;
3.9.4. indexAR may remove access to any Product that indexAR receives written information from a third-party that it breaches copyright, is illegal, offensive, indecent or objectionable;
3.10. The Author agrees to not make any Product available in the Mobile App via the Web Platform that:
3.10.1. Is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading;
3.10.2. infringes the intellectual or other proprietary interests of third parties;
3.10.3. contains computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Web Platform or any other computer software, hardware or other electronic equipment of indexAR or Audiences;
3.10.4. violates any law, statute or regulation;
3.10.5. encourages or incites any other person to engage in any of the above behaviour.
4. FEES, PAYMENTS & REFUNDS
4.1. In order to access the Services in the Web Platform, the Author need to pay the applicable Fees, as displayed in the quotation . Depending on the lenght of a Story the Fees may be monthly, unless otherwise specified.
4.2. If the Author does not pay the required Fee in the timeline mentioned in the invoices received via e-mail, a grace period of 10 (ten) days will begin to lapse and the Author’s Products will be unpublished from the Mobile App. “Unpublishing”, in this context, means Products will not be available anymore in the Mobile App, but will be visible on the Web Platform however without a possibility to make it available in the Mobile App.
4.3. If, even after the expiry of the grace period mentioned in point 4.2, the required Fee is not paid, the Author’s Products will be erased irreversibly from the Mobile App and the Web Platform, without further notice from indexAR.
4.4. If a Author upgrades from the free plan to one of the paid subscription plans, the Author has 5 (five) days to pay the Fee according to the invoice issued by indexAR and sent via e-mail.
4.5. For avoidance of doubt, when requesting a Story, the Author will be presumed to have read and agreed with all provisions regarding payment of fees.
4.6. If the Author chooses the wrong Collection, upon the Author’s written request, indexAR has full discretion in deciding whether to reimburse the Author, or consider the payment as part of the total payment needed for a subscription to the correct plan. If indexAR decides to reimburse the Author for the error made, the Author will bear all additional costs related to the reimbursement (such as bank commissions). In any case, the reimbursement may not be made earlier than 30 (thirty) calendar days after indexAR has decided to accept the reimbursement request from the Author.
5. GENERAL CONDITIONS
5.1. In order to use the Web Platform, a Author (or an individual using a free account) is granted a limited, non-exclusive and revocable licence to access and use the Web Platform for the duration of the Agreement with indexAR, if the case, or as long as the account is active on the Web Platform.
5.2. IndexAR may revoke or suspend the Author’s licence in its absolute discretion for any reason that it sees fit, including for breach of these Terms of Service and/or the Agreement, if the case. Such reasons include:
5.2.1. misplaced, inappropriate, fake Products, or Products that infringe on third-party copyright, in which case, based on a Audience’s, a Author’s or any other third-party’s report, indexAR may decide to revoke or suspend said licence, or may limit to eliminating the Product in question from the Web Platform and the Mobile App;
5.2.2. as a result of not paying the required Fees, according to these Terms of Service;
5.2.3. if requested by any competent authority, until the Author settles any potential claim with said authority;
5.3. These Terms of Service may be updated by indexAR from time to time, including the value of Fees. In case of any substantial changes, indexAR will inform Author beforehand. In case of Fee changes, indexAR will notify the Author in writing with 15 fifteen) days in advance.
5.4. The Author agrees and accepts that the Website and the Web Platform are:
5.4.1. hosted by the IndexAR and shall only be installed, accessed and maintained by the IndexAR, accessed using the internet or other connection to the IndexAR servers and are not available ‘locally’ from the Author’s systems; and
5.4.2. managed and supported exclusively by indexAR from indexAR servers and that no ‘back-end’ access to the Website and/or Web Platform is available to the Audience unless expressly agreed in writing.
5.5. IndexAR provides user support for the Website and/or Web Platform via the email address firstname.lastname@example.org.
5.6. The Author is solely responsible for the security of its username and password for access to the Web Platform. The Author shall notify indexAR as soon as it becomes aware of any unauthorised access of its Web Platform account.
5.7. The Author is solely responsible for the way it uses any piece of information received via the Messages section in the Web Platform, from Audiences of the Mobile App. indexAR will not be held liable for any misuse by the Author of any of the said information.
5.8. The Author is also solely responsible for the way it uses any information made available to it in the Web Platform, during the time the Author has an active account on the Web Platform. In case any third-party claims indexAR’s responsibility for any information available to a Author on the Web Platform, indexAR may direct that third-party to the Author in order for the third-party to solve their claim.
5.9. The Author understands that indexAR has access to all the information stored and made available in the Web Platform, without limitation. However, unless specifically requested in writing by the Author (such as in order to move an Product to another module/category), indexAR will not access such information, except information related to statistics about the Products.
5.10. The Author agrees that indexAR shall provide access to the Web Platform to the best of its abilities, however:
5.10.1. access to the Website and/or Web Platform may be prevented by issues outside of its control;
5.10.2. it does not warrant ongoing access to the Website and/or Web Platform; and
5.10.3. the Author must provide real data when creating an account on the Web Platform, indexAR having full discretion in limiting access to the Web Platform of any fake accounts.
7.1. IndexAR takes the security of the Website and the privacy of its Author very seriously. The Author agrees not to do anything to prejudice the security or privacy of indexAR’s systems or the information on them.
7.2. IndexAR shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the Author to ensure that any transmission standards meet the Author’s operating and legal requirements.
8. Disclaimer of Third Party Services & Information
8.1. The Author acknowledges that the Website is dependent on third-party services, including but not limited to services available at: www.facebook.com; www.google.com; https://developer.apple.com/arkit/; https://developers.google.com/ar/
8.2. The Author agrees that indexAR shall not be responsible or liable in any way for interruptions to the availability of the Website due to third-party services.
Here, at indexAR (the “Mobile App”), we want to make your Augmented Reality (“AR”) expereinces as engaging and useful as possible, while providing the best possible service. In doing so, we need to access several pieces of data that refer and/or belong to you.
That is why we want you (we also refer to you as the “Audience” in this document) to take a minute to review several aspects about the connection between our Mobile App and your data.
What data are we referring to? The Mobile App collects data from you both directly (i.e. from your input in textboxes or forms across the Mobile App, such as the account registration form or the contact form) and indirectly (i.e. while you are using the Mobile App, without your direct input).
Part of this data is personal data (i.e. data that can lead to your identification). Part of the personal data is needed to make the Mobile App work as intended (i.e. deliver you the service you requested and expected when downloading the Mobile App), while another part is used with your express consent, which we request before we need to access and use that specific piece of personal data. You can find out more about the specific personal data we process in Section 3 below.
Who can access your data and from where? First, the entity operating the Mobile App: Mo’Real Universe SRL, a company registered in and operated from Romania. You can learn more about us visiting our website (http://indexar.tech/), or e-mailing us at email@example.com. We may also refer to ourselves as “we”, “us”, “indexAR” in this document.
Second, in developing and operating the Mobile App, we use products and services provided to us by third-parties. They may access some parts of your personal data strictly to provide us with their products and services. These include: data hosting services; social media services; development services. All these third-party providers, which process personal data on our behalf and based on our indications (i.e. our uses of their products) are identified in Section 5.6 below.
Third, some of your personal data may be seen by our Authors (i.e. parties that make available the 3D digital objects you find in the Mobile App). You can find out more about how these third-parties have access to your data in Section  below.
All your personal data is stored and processed in the European Union. To this extent, we are committed to work only with third-parties that access your personal data and use it through devices and software located in the European Union, and we are using hosting services that allow us to store your personal data in the European Union, to the extent such service providers make accurate representations according to the above.
Why do you need your personal data? Some parts of your personal data are needed to provide you with the services in the Mobile App (such as your e-mail address, which is used to keep you updated about how you can use the Mobile App, as its functionalities evolve and the number of Audience members in the Mobile App increases, as well as to avoid the creation of duplicate accounts). Without this data, the Mobile App cannot function as designed
Other pieces of personal data (such as the location of your phone) allow the enhancement of certain features of the Mobile App (in case of location data, the ability to show you relevant points of interest that Authors have uploaded in your surroundings)
Finally, some pieces of personal data (such as the type of interaction with a specific object, for instance viewing or downloading an object) allow us to provide our Authors with data about the interest shown by you in their Products, and available versions of them. Before we do this, we make sure we allow our Authors to either only see aggregated information (such as how many clicks, views or downloads an object received, and not who specifically clicked/viewed/downloaded an object) or see only parts of your personal data which may not, without any input from us, allow them to identify you (such as connecting your username with the action you took regarding an object in the Mobile App). You can find out more about how your personal data is specifically used in Section 5 below.
1. PURPOSE OF OUR POLICY
1.1.1. provide the Mobile App and services that we offer in the space of AR technology applied to Entertainment, Discovery, Learning, Art, Lifestyle experiences / content; and
1.1.2. the normal day-to- day operations of our business.
1.2.1. Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the „Directive”, in force until 24 May 2018); and
1.2.2. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC („General Data Protection Regulation” or „GDPR”, applicable starting with 25 May 2018).
2. WHO AND WHAT THIS POLICY APPLIES TO
2.2. We handle personal information for our own uses, in connection with the Mobile App, and also for and on behalf of our Authors.
2.4. If, at any time, you provide personal information or other information about someone other than yourself, it means you have the capacity and/or authority to do so. We will not contest this, and you are responsible for the way in which you use the personal information that you provide us with.
3. THE INFORMATION WE COLLECT
3.1. In the course of business it is necessary for us to collect personal information. This information allows us to identify who an individual is for the purposes of our business, share personal information when asked of us, contact the individual in the ordinary course of business and transact with the individual. The type of information we collect is:
3.1.1. personal information: e-mail address, username, location, preferences related to your use of the Mobile App (such as objects you click/view/download, textures/patterns/colours of objects you choose), your profile picture when you login using a social media account, the device type you are using to access the Mobile App;
3.1.2. non-personal information: other information that we receive from you excluding any personal information that may be made available by you when filling in that contact form;
4. HOW INFORMATION IS COLLECTED
4.1. We collect information from you using forms (such as the account registration form) or other textboxes (such as the contact form available in the Mobile App). We collect information each time you contact us, either through the Mobile App or outside the Mobile App, namely when you e-mail us.
4.2. Also, we also have access to and store conversations that you may have with an Author through the Mobile App, but we do not use it in any way. In case we decide to use such information, we will inform you in advance if we deem the impact on personal data of such use as being substantial.
4.3. We also collect information with the help of third-parties that have products and services integrated in our Mobile App. These third-parties are social media networks (which provide us with personal data when you register in the Mobile App using your social media profile), hosting services providers (which allow us to store all data generated by or in connection with the Mobile App), and development services providers (which provide access to tools and services we use in order to technically develop the Mobile App)
4.4. When you access the Mobile App, we do not collect information about unique identifiers in your device, such as the device ID that enables identification of the type of device you use when accessing the Mobile App
4.5. If this section changes, we will inform you in advance of any such changes, including the impact of the change on your use of the Mobile App and, where the case, whether an explicit consent from your end is required for such changes to effect.
4.6. Where we obtain personal information without the Audience’s knowledge, we will either delete/destroy the information, or inform the individual that we hold such information, according to legal provisions in force at that moment.
5. HOW PERSONAL INFORMATION IS USED & DISCLOSED. LEGAL GROUNDS. STORAGE PERIOD
5.1. In general, the primary principle is that we will not use any personal information other than for the purpose for which it was collected, and if we do so we will either ask for your permission or use it in accordance with other legal basis in force and, in any case, inform you in advance.
5.2. The purpose of collection and processing is determined by the circumstances in which the information was collected and/or submitted and based on the legal ground used for the collection and processing, as follows:
5.2.1. your username and e-mail address are collected so that we can create your profile in the Mobile App, which allows you to later login and keep all your preferences and activity in one place; at the same time, because we are continually improving the Mobile App and adding new functionalities, we want to be able to communicate with you both about these new functionalities and the existence of new Author’s content in the Mobile App, but also to receive your feedback about future improvements we have planned. As a result, we are using such personal data in order to provide you with the service you expect when downloading the Mobile App in order to use it.
5.2.2. your location is used to provide you with certain functionalities of the Mobile App, namely the possibility to see different points of interest uploaded or GPS triggered content by our Authors , available in your surroundings. We do not store your location and/or in any way correlate it with any other personal data that belongs to you. At the same time, our Authors are not aware of your location when using the Mobile App. As a result, we are using such personal data based on our legitimate interest to be able to present you with other relevant functionalities of the Mobile App.
You always have the ability to turn off your location data from within the Mobile App, and this will not impact your general use of the Mobile App. However, the display of points-of-interest in your surroundings and GPS triggered content, will be disabled.
Please note you are fully responsible about how and when you plan to use the location settings and any potential impact thereof.
5.2.3. preferences related to your use of the Mobile App (such as objects you click/view/download, textures/patterns/colours of objects you choose) are used in order to provide our Authors with aggregated data about how the Audience (either having a registered account or not) interact with their objects. Aggregated data means your preferences are not nominally presented in connection with your other personal data. As a result, in particular since the impact of such processing is minimal to your personal data, we collect and process your preferences based on our legitimate interests to do so, in order to create added value for our Clients.
5.2.4. your profile picture when you login using a social media account
5.2.5. the device type you are using to access the Mobile App is processed for development and support purposes, meaning we use it to understand if any devices encounter problems while using the Mobile App, whether one type of device is more popular among our Audience than others, as well as to identify, based on your feedback or our own observations, whether the Mobile App is malfunctioning due to hardware problems arising from a particular device. Keeping the Mobile App functional at all times and in good shape is related, among others, to the hardware on which it is deployed; as a result we process information related to your device to be able to provide you with the service you expect when downloading the Mobile App;
5.2.6. personal data included in your billing details (if you use a paid version of the Mobile App), which you fill in for payment purposes, for instance a contact e-mail which is included in the invoice we issue to you. The law requires us to keep invoices stored for a period of 10 years after being issued, so we process any personal data that may be included in such invoices based on our legal obligation related to storage of invoices;
5.2.7. e-mail address is also used in order to provide you with information about our activity and other products / services similar or related to the Mobile App and AR technology, as well as keeping you updated about new features and/or objects available in the Mobile App. You will always have the option to unsubscribe from these e-mails in the footer of each e-mail you receive.
5.3. Authors see your username and profile picture (when you login in the Mobile App using your Facebook profile) associated with each of your actions related to an Asset they have uploaded in the Mobile App. However, an Author may not access any other personal information related to you unless given specific access from indexAR, in which case you will be informed in advance of such access.
5.4.1. the information you used to register and use your account (username and e-mail address, profile photo in case of logging in with Facebook, the device you use) is stored two years after you delete your account, so that you can easily have your preferences in one place while you are using the Mobile App, as well as allowing us to assess our success in re-activating you as an Audience member of the Mobile App; after you delete your account, your username will be pseudonymised, so that neither the Authors, nor us, can contact you further via the Mobile App; also, your e-mail address will be marked accordingly in our internal database to signify you are no longer an Audience member of the Mobile App;
5.4.2. your actions in the Mobile App related to objects in the Mobile App (viewing, clicking, downloading) are stored for two years after each action takes place, in order to provide this type of data from all the Audience members, in an aggregated manner, to Authors; after the expiry of this term, the data will only be used to market the capabilities and historical usage data of the Mobile App, in relation to third-parties and/or at conferences, events and other public contexts.
5.5. If it is necessary for us to disclose your Personal information to third parties in a manner compliant with applicable legal provisions in the course of our business, we will inform you that we intend to do so, or have done so, immediately, using the contact details you have provided to us.
5.6. We do not disclose or sell your personal information to Authors or unrelated third parties under any circumstances. This does not limit our ability to display to Authors the personal data related to your activity in the Mobile App (i.e. actions taken related to a certain object and the date & time the last action was made).
5.7. We utilise third-party service providers in order to process the personal data we receive from you and/or which is generated as a result of your use of the Mobile App. These third-party entities (called processors) are:
5.7.1. Facebook Ireland Ltd., each time you decide to sign-in with your Facebook profile in the Mobile App, so that we can process your e-mail address and profile photo and log you in the Mobile App.
5.7.2. Google LLC, for the ARCore product we use to deliver the AR experience on Android devices.
5.7.3. Apple Inc., for the ARkit product we use to deliver the AR experience on iOS devices.
6. THE SAFETY & SECURITY OF PERSONAL INFORMATION
6.1. We are continually aiming to minimise the quantity of personal data we process in order to maximise the security of your experience while using the Mobile App. To this extent, we are taking the following measures to secure your personal data:
6.1.1. The personal data made available in and/or generated by the Mobile App is accesible by the following people and for the following purposes:
18.104.22.168. indexAR’s senior management, to monitor the usage of the Mobile App;
22.214.171.124. indexAR’s development team, to identify any malfunctions of the Mobile App before they happen, or intervene in case indexAR’s senior management signals a malfunction of the Mobile App;
126.96.36.199. indexAR’s hosting service provider, in order to solve any problems related to the malfunctioning of the hosting system;
6.2. Based on the quantity of personal data we may process in the future, as well as the purposes of such processing, we may appoint a Data Protection Officer who will be the main contact person for you regarding any inquiries or issue you may have regarding your personal data. At the moment, you can direct any questions you may have, or exert your rights related to your personal data by e-mailing us at firstname.lastname@example.org.
6.3. We are not responsible for the privacy or security practices of any third party (including third parties that we disclose your Personal information to in accordance with this policy or any applicable laws). The collection and use of your personal data by such third parties is subject to those third parties’ privacy and security policies. We can only guarantee that we seek to constantly minimise the quantity and granularity of personal data that third parties (including Authors) can access via the Mobile App.
6.4. If you suspect any misuse or loss of, or unauthorised access to, your Personal information, you should let us know immediately by e-mailing us at email@example.com.
7. RIGHTS OF THE AUDIENCE MEMBERS
7.1. Audience members enjoy the following rights in connection with their personal data, which they may exercise by e-mailing us at firstname.lastname@example.org:
7.1.1. Right to access personal data
188.8.131.52. Any Audience member may ask us, for free, once every 6 months, to confirm that indexAR processes (or not) personal data related to the Audience member. In case indexAR processes such data, it must inform the Audience member about: purposes of processing; types of personal data being processed and, to the extent such data is not actual/up-to-date/relevant, the Audience member’s right to request the rectification, deletion or restriction of processing related to these personal data, or the right to oppose processing; the list of individuals / entities that may access personal data; duration of storage of personal data; the right to file a complaint with the National Authority of Personal Data Processing Surveillance, to the extent the Audience member considers it may not exert its rights and/or the indexAR’s answers to its requests were unsatisfactory.
184.108.40.206. indexAR may decide to ask for a fee for requests which are more frequent that mentioned in the article above.
7.1.2. Right to rectify personal data
220.127.116.11. Any Audience member may request indexAR, for free, to rectify its personal data which turns out to be incorrect. If it considers necessary, after indexAR’s response, the Audience member may request changes to the personal data, and indexAR may either make the changes itself, or instruct the Audience member on steps they may take to make the changes themselves.
7.1.3. Right to erase personal data
18.104.22.168. The Audience member may request us to erase their personal data, and indexAR will do so in any of the following situations:
22.214.171.124.1. if personal data whose deletion is requested is no longer needed by indexAR to fulfil the purposes in which they were collected or processed. In this respect, the company will send a reply to the Audience member, explaining the need for the processing of the personal data concerned in relation to the purposes of the processing, but also the consequences of deletion. In so far as the Audience member considers that such processing is no longer consistent with the purposes specified by indexAR, it may maintain its position on the deletion of personal data, assuming its liability for any effects related to the use of the Mobile App as a result of deleting those personal data;
126.96.36.199.2. if the Audience member withdraws their consent to the processing of personal data, if the personal data concerned is processed with your consent, as a legal basis (you can find more details about the legal bases according to which we process the data Personal Information in Section 5 above);
188.8.131.52.3. if the Audience member opposes the processing of personal data, in accordance with the provisions of this policy; indexAR will send a reply to the Audience member, indicating to what extent there are legitimate reasons for the processing of personal data further. If indexAR sends a newsletter to users or other methods of commercial communication, the Audience member will have any time and for any reason whatsoever, the possibility to opt out of receiving such communications;
184.108.40.206.4. if the Audience member considers that the processing of personal data has been carried out unlawfully; indexAR will send a reply to the Audience member, explaining to what extent there is a legal basis for the processing of personal data; in so far as the Audience member considers that such processing is no longer consistent with the purposes specified by indexAR, it may maintain its position on the deletion of personal data, assuming its liability for any effects related to the use of the Mobile App as a result of deleting those personal data;
220.127.116.11. indexAR may refuse to comply with the request of the Audience member if the personal data whose deletion is required cannot be deleted due to a legal obligation on indexAR's activity (in which case indexAR will indicate to the Audience member the basis of this legal obligation), or for the purposes of archiving or statistical (in which case indexAR will indicate to the Audience member what measures it may take to ensure that the Audience member's personal data is processed in a safe manner and, at the same time, that the processing does not occur than to provide aggregate information about users’ behavior in relation to the Mobile App).
7.1.4. Right to restrict processing of Personal Data
18.104.22.168. Audience members have the right to request indexAR to restrict the processing of personal data in one of the following cases:
22.214.171.124.1. The Audience member indicates that the personal data concerning them is not correct and indexAR cannot rectify the personal data indicated instantly, at the time of receipt of the information from the user;
126.96.36.199.2. The Audience member indicates that the processing is not legal, but does not wish to delete the data, wishing only to restrict the processing;
188.8.131.52.3. The Audience member indicates that they want personal data to be accessible within the Mobile App in order to be able to use them to defend/exercise/ascertain a right before an authority, but does not want personal data to be processed in other purposes;
184.108.40.206.4. The Audience member disputes the legitimate interest of the processing of personal data (which are processed on the basis of this legitimate interest) by indexAR, and indexAR cannot assess, at the time of receiving the request from the Audience member, to what extent the legitimate interest of the company prevails against the right exercised by the Audience member.
220.127.116.11. If the right to restriction of processing is respected, indexAR shall inform the Audience member, as appropriate, before the restriction of processing is no longer applicable, the personal data being processed again.
7.1.5. Right to request portability of personal data
The Audience member may ask indexAR to transmit all personal data that the Audience member has provided to indexAR (so only the personal data that the Audience member has entered directly within the Mobile App, or which relates to their preferences in the Mobile App), in a format that allows the Audience member to transmit this personal data to another entity (for example, to another AR display app), in order to be able to access new services or products. This right is exercisable only in the case of personal data processed with the Audience member's consent, or for the provision of the services to the Audience member.
7.1.6. Right of opposition
18.104.22.168. The Audience member has the right to oppose the processing of personal data that is processed on the basis of the legitimate interest of indexAR, as provided in this policy. In this respect, the Audience member can send an email to the company at email@example.com, stating the reason for opposition.
22.214.171.124. The Company shall reply to the Audience member within 30 days of receipt of the request, indicating to what extent it considers that the company's legitimate interest takes precedence over the reason for opposition indicated by the Audience member.
126.96.36.199. If the Audience member does not wish to receive marketing and/or promotion messages from indexAR (in so far as indexAR transmits such messages to the Audience member), they may express their choice at any time, without recourse from indexAR.
188.8.131.52. If the exercise of the right by the Client is legitimate, indexAR will also submit requests to other third parties that may have received that Audience member’s personal data, to stop processing the Audience member's personal data;
7.2. The Audience member can address National Authority for Personal Data Processing Surveillance, in so far as they consider themselves unjustified by indexAR’s response/lack of a response to its request for the exercise of one of the rights referred to in this policy.