TERMS AND CONDITIONS
The following Terms and Conditions (hereinafter “the Terms”) for the use of the Mobile Application “VectAR” (hereinafter the Mobile Application, VectAR) are an offer of Sewist Sarl, CHE-425.169.284, location: Chemin du Grand-Puits 75, 1217 Meyrin (hereinafter “the Copyright Holder”) to conclude an agreement on the terms set out below.
IMPORTANT: Before using the Mobile Application, please read these Terms. By using the Mobile Application, you agree to comply with these Terms. You may not use VectAR if you do not have the right, due to legal restrictions, to assume obligations to comply with these terms of the User
Agreement.
1. GENERAL TERMS
1.1. Installing the Mobile Application on your device indicates acceptance and full consent to the provisions of these Terms. The Mobile Application is designed for Users to open files in OBJ format using augmented reality.
1.2. Using the Mobile App, you agree that:
1.2.1. You have read these Terms in full before using the Mobile Application;
1.2.2. You confirm that you are at least 14 years of age (or more, depending on the age at which you are allowed to use our services without parental consent in your country), and otherwise you have the rights to accept the terms, conditions, obligations, confirmations, representations and warranties set out in these Terms. If you do not have these rights, these Terms must be accepted by your legal representatives on your behalf. If you do not have the consent of your legal representatives, you may not use the mobile app.
1.2.3. Getting started using the Mobile Application in any form means that you accept these Terms in full without any exceptions and restrictions on your part. The use of the Mobile Application under other conditions is not allowed;
1.2.4. If you do not agree to these Terms or do not have the right to enter into it, you should immediately stop any use of the Mobile Application;
1.2.5. These Terms (including any of its parts) may be changed by the Copyright Holder without any special notice and without payment of any compensation in this regard. The new version of the Terms and / or the mandatory documents specified therein shall enter into force from the moment it is posted at https://VectAR.app/terms.pdf unless otherwise provided in the new version of the Terms, and the User undertakes to monitor changes in the Terms regularly and independently. The User’s continued use of the Mobile Application after posting changes to these Terms will constitute the User’s acceptance of these changes.
1.3. This User Agreement, the procedure for its conclusion and execution, as well as issues not regulated by these Terms, are governed by the current legislation of the the Swiss Confederation. All disputes under these Terms or in connection with it are subject to consideration in court at the location of the Copyright Holder in accordance with the current procedural law of the the Swiss Confederation.
2. TERMS AND DEFINITIONS
2.1. In these Terms, the words and expressions have the following meanings, unless otherwise expressly defined below:
2.1.1. Content is images, text materials, and other files contained in the Mobile Application.
2.1.2. Copyright Holder is Sewist Sarl, CHE-425.169.284 (location: Chemin du Grand-Puits 75, 1217 Meyrin);
2.1.3. User is a legally capable individual who has accepted these Terms in his own interest or acting on behalf of and in the interests of the person represented by him.
2.1.4. These Terms and Conditions set out the rules for using the Mobile Application.
2.1.5. Mobile Application is a computer program “VectAR” owned by the Copyright Holder, which allows users to open files in OBJ format using augmented reality technology. To do this, the Mobile Application requires the front camera of the mobile device to be activated. The Mobile Application also requires a physical marker to be printed out and placed in front of the front camera of the mobile device in order to be able to show the file in augmented reality.
2.1.6. Commercial use is beyond the scope of the functional use permitted under this agreement and / or the rights granted to use fragments of the Mobile Application, as well as other intellectual property objects by an individual for the purpose of generating income (profit), and by an individual entrepreneur or organization for the purpose of extracting business benefits, including their provision or provision of access to them on a paid basis, i.e. for a fee or any counter-provision of goods, works, services, or with the simultaneous provision of goods, works, services on a paid basis in one form or another. Commercial use of the Mobile Application, as well as other intellectual property objects owned by the Copyright Holder or in its use, may be authorised by the Copyright Holder only on the basis of a separate agreement with the User.
2.2. In this User Agreement, as well as documents arising from or related to it, other terms and definitions may be used that are not specified in clause 2.1. of these Terms. In this case, the interpretation of such a term is made in accordance with the text of these Terms. If there is no unambiguous interpretation of the term or definition in the text of these Terms, as well as documents arising from or related to it (unless otherwise expressly provided), it should be guided by its interpretation, determined primarily by the legislation of the Swiss Confederation, and, subsequently, by business practices and scientific doctrine.
3. EXCLUSIVE RIGHTS
3.1. The Mobile Application as a whole and computer programs, databases and other text materials, images and other objects of copyright and/or related rights included in it or used together with them, as well as objects of patent rights, trademarks, commercial designations and trade names, as well as other parts of the Mobile Application (regardless of whether they are part of it or are additional components, and whether they can be extracted from it and used independently) separately (hereinafter referred to as — “Intellectual Property Objects”) are protected in accordance with the Federal Act on Copyright and Related Rights 231.1 of 9 October 1992 and belong to the Copyright Holder on the exclusive right, unless otherwise specified in the notice of rights and other agreements.
3.2. The rights and methods of using the Mobile Application that are not explicitly granted/permitted to the User under this User Agreement are considered not granted/prohibited by the Copyright Holder.
4. LICENSE TERMS AND CONDITIONS
4.1. The use of the Mobile Application is allowed strictly under the conditions set out in this User Agreement. If the User does not accept the terms of These Terms in full, the User has no right to use the Mobile Application for any purpose. The use of the Mobile Application in violation (non-fulfillment) of any of the terms of These Terms is prohibited.
4.2. The Copyright Holder grants the User the right to use the Mobile Application under the terms of a simple (non-exclusive) non-transferable license on the territory of all countries of the world in the ways specified in this section:
4.2.1. Functional use of the Mobile App
The User has the right to use the Mobile Application for its intended functional purpose and for this purpose to install it on desktop or handheld personal computers, smartphones or other devices (hereinafter referred to as “Devices”).
In accordance with this clause, the User has the right to install the Mobile Application on an unlimited number of Devices, as well as to store or install copies of the Mobile Application on a data storage device (for example, on a network server) intended and used exclusively for installing and running the Mobile Application on other Devices.
The User has the right to use the Mobile Application for its intended functional purpose on an unlimited number of Devices in accordance with these Terms.
4.2.2. Launching a Mobile App
The User has the right to reproduce the Mobile Application, copies of which are distributed by the Copyright Holder, for non-commercial purposes free of charge on any Devices and other types of material media, provided that the combination, composition and content of the Mobile Application are preserved unchanged compared to how they are provided and recommended for use by the Copyright Holder.
4.2.3. Mobile App Distribution
The User has the right to distribute the Mobile Application by transferring its copies, reproduced in accordance with paragraph 4.2.2 of these Terms, for non-commercial purposes, free of charge and subject to their integrity, unless otherwise provided by the written permission of the Copyright Holder.
4.3. The User is allowed to use the Mobile Application free of charge, under these Terms, exclusively for personal, non-commercial purposes. Due to the provision under this User Agreement of the right to use the Mobile Application for non-commercial purposes at no charge, the provisions of the legislation on consumer protection do not apply to the relations of the parties under this User Agreement.
5. SPECIAL CONDITIONS
5.1. Some functions of the Mobile App can only be performed if you have access to the Internet. The user independently receives and pays for such access on the terms and at the rates of their telecom operator or Internet service provider.
5.2. The Copyright Holder reserves the right to unilaterally change the Mobile Application (or part of it), to make updates at any time without prior notice to the User.
5.3. This User Agreement and all relations related to the use of the Mobile Application are governed by the laws of the Swiss Confederation.
5.4. The Mobile Application can interact with special software and hardware to check for updates to the Mobile Application, including modifications to the Mobile Application, additional modules to it, as well as database updates (hereinafter referred to as “Updates”).
5.5. By installing the Mobile Application, the User agrees to the possibility of making requests by the Mobile Application, as well as receiving and installing Updates automatically.
5.6. These Terms may be changed or terminated by the Copyright Holder unilaterally without prior notice to the User and without payment of any compensation in this regard.
6. USAGE RESTRICTIONS
6.1. The user does not have the right to independently or with the involvement of third parties:
6.1.1. hack the technology, emulate, create new versions, modify, decompile, disassemble, decrypt and perform other actions with the Mobile Application aimed at violating the system of protection of the Mobile Application from unauthorized use, as well as obtaining information about the implementation of algorithms used in the Mobile Application;
6.1.2. remove or modify in any way the trademarks, industrial designs and notices of copyright and any other rights included in the Mobile Application;
6.1.3. use the Mobile Application (or any part of it) for political, public and religious purposes, without the written consent of the Copyright Holder;
6.1.4. use the Mobile Application (or any part of it) for Commercial Purposes without the written consent of the Copyright Holder.
6.2. For the avoidance of doubt, the User is prohibited from extracting and using in any form and in any way text materials, images and other objects of copyright and / or related rights, as well as objects of patent rights, trademarks, commercial designations and trade names contained in the Mobile Application and being part of it, as well as other parts and computer programs or databases included in it or used in conjunction with it (regardless of whether they are part of the Mobile
Application or are its additional components, and whether it is possible to extract them from its composition and use them independently).
7. RESPONSIBILITY
7.1. The User fully understands and confirms that:
7.1.1. Uses the Mobile App entirely at his own risk. The mobile app is provided “as is” and “what is”. The Copyright Holder specifically emphasizes the absence of any guarantees, both expressed and not expressed, including, but not limited to, guarantees of the quality of the Mobile Application, its suitability for a particular purpose.
7.1.2. The Copyright Holder does not guarantee that a) the Mobile Application will meet the user’s requirements; b) the Mobile Application will be delivered uninterrupted, on time, error-free and secure; c) the results obtained as a result of using the Mobile Application will be reliable or safe; d) any errors in the software will be corrected.
7.1.3. Downloading and otherwise receiving any Content in the course of using the Mobile Application is done at the risk of the user, who is fully responsible for any damage to his mobile device, including data loss, as well as any breakage/damage, damage to other personal items that occurred during the use of the Mobile Application.
7.1.4. No recommendations or information received by the user orally or in writing from the Copyright Holder or through the Mobile Application shall impose on the Copyright Holder any guarantees other than those stipulated in these Terms.
7.2. The User fully understands and confirms that the Copyright Holder is not responsible for any direct, indirect, incidental, special, consequential or punitive damages, including, but not limited to, loss of data or any other material / non-material losses, damage to reputation or other damage (even if the copyright holder has been notified of the possibility of such damage), arising from:
- use or inability to use the Mobile App;
- changes to the terms of the Terms,
- receiving data through the Mobile Application, or as a result of file downloads and other information received from the Mobile Application or through the Mobile Application;
- any other case related to the service provided.
8. OTHER INFORMATION
8.1. The materials contained in the Mobile Application are protected by copyright. Copyright laws prohibit the copying, reproduction, use and distribution of data, logos, graphics, illustrations, product design and related documents (manuals, official documents, tables, etc.) in whole or in part without the permission of the Copyright Holder. Copyright laws prohibit the use, copying, leasing, modification, and distribution of the software, in whole or in part, without the permission of the copyright holder.
8.2. All logos used in the Mobile App are copyrighted property of their respective Copyright Holders. The texts, graphics, images, and product designations included in the Mobile App are the property of the respective authors of these elements.
8.3. The use of the Mobile Application under the terms of the relevant license agreements does not imply the transfer to Users of any proprietary or non-proprietary rights to use the components of the Mobile Application.
8.4. The customer must observe the industrial property rights (patents, trademark rights and copyrights, among other things) when downloading files for use in the Mobile Application. The Copyright Holder cannot be made liable for the violation of any patent or other property rights.
8.5. When using the sample files provided in the application library the customer merely obtains the rights of use stipulated in these Terms and Conditions. Only the Copyright Holder is entitled to all other industrial property rights.