Terms and Conditions of Enhance XR Platform
Effective Date: 7th of January 2023
Introduction
Enhance XR, located at Calle Cervantes 34, Madrid, VAT No B72959166 ("we," "our"), manages and operates the Enhance XR Platform. This platform grants customers ("you") capabilities to:
1.Place 3D models of products on the Enhance XR Platform.
2.Use the Enhance XR 3D Viewer / Configurator for sharing and embedding 3D models across websites.
3.Utilize the Enhance XR app or other compatible AR technologies to display products in augmented reality (AR).
4. Additional functionalities of the Enhance XR Platform ("Service") are accessible per the terms and pricing outlined at our pricing page.
In addition, our specialized 3D Creation Service is available to produce custom 3D models of your products for an agreed-upon fee.
Acceptance of these Terms of Service (ToS) is a prerequisite for utilizing both the Service and the 3D Creation Service.
Service Access and Use
We confer a non-exclusive right for you to use the Service for your business activities. Details of the Service are subject to change and are periodically updated on our website.
Our goal is to maintain the Service's availability round-the-clock; however, continuous access cannot be guaranteed. Access may be suspended temporarily without notice for maintenance, data protection reasons, or other significant causes.
You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.
Subscription Terms, Payments, and Fees
You may choose from monthly or annual subscription plans or bespoke developments. Subscription management can be conducted through the Service or by contacting info@ienhance.co.
Fees for the subscription are payable at the start of each period, detailed on our pricing page. Note that prices listed do not include VAT, which will be applied to the invoice as applicable.
If your needs exceed the limits of your selected plan or you request additional services, we will bill these according to our listed rates.
Intellectual Property and Ownership
The customer is entitled to use Enhance XR's solutions for the duration of the subscription and/or within the context of the broader commercial relationship. However, the customer will not own the code, which remains the intellectual property of Enhance XR, nor will they own the solutions provided by Enhance XR.
Additionally, the customer will not have exclusivity or ownership over any assets produced by Enhance XR, except for the 3D models of the products for which they have paid. These models remain the sole intellectual property of the customer and will typically be supplied in a format of Enhance's choosing, provided it is a commonly used format.
Privacy of Personal Data
We process personal information according to our Privacy Policy, available at Enhance XR Privacy Policy.
Confidentiality Assurance
We commit to protecting any confidential information you provide during the use of our services and will not disclose such information except as necessary for providing the Service under confidentiality agreements.
Term, Termination, and Cancellation
Service rights are conditional on the subscription period. We reserve the right to terminate your account for violations of these ToS.
Limitations on Liability
The Service is provided without warranty of continuous availability. We are not responsible for indirect, incidental, or consequential damages, and our liability is limited to the fees paid by you within the period of any incurred breach.
Legal Compliance and Dispute Resolution
These ToS are governed by the laws of Spain. Disputes arising under these ToS shall be attempted to be resolved through negotiation, and if necessary, by arbitration in Madrid according to the rules of the Chamber of Commerce.
Modifications to Terms
We may modify these ToS and will provide notice of significant changes. Always refer to the most current version on our website.
This document outlines the terms agreed upon as reflective of Enhance XR's current operational practices as of 1st of January 2024.
