Welcome to SQUARS. The following Terms and Conditions (“Terms”) are entered into between you (“User”, “You” or “Your”) and Virnect Europe GmbH (“Virnect”, “we”, “us”) at Austria Campus 2, Jakov-Lind-Straße 2, Stiege 1, 5.OG, 1020 Vienna, FN 579504, and govern your use of
- the SQUARS.io website (“Website”),
- the Services of SQUARS (“Services”), in particular offering “Content Authoring & Result Sharing Services”
hereinafter together the “SQUARS Services”.
Please read these Terms carefully and make sure that you understand them before using any of the SQUARS Services. When signing up to the SQUARS Services, you will be prompted to accept these Terms. If you refuse to accept these Terms, you will not be able to use our SQUARS Services.
These Terms constitute the entire agreement and the exclusive legal basis for the contractual relationship between the User and Virnect. Virnect does not accept any deviating terms and therefore such terms do not become part of the contractual relationship between the User and Virnect. These Terms are published on the Website at SQUARS.io, where they can be downloaded and printed. The conclusion of the contract and communication within the scope of the SQUARS Services shall take place exclusively in English.
1. Subject of SQUARS Services
SQUARS offers “Content Authoring & Result Sharing Services” subject to these Terms. SQUARS.io is a platform which enables its Users to access and share content stored on 3rd party services (such as Sketchfab Asset Store or Unity3D Asset Store) to create, edit and share augmented reality content.
SQUARS.io offers users different modules with different features, namely (i) a free plan to use the Website and Services for private Users, (ii) a paid plan to use the Website and Services for business Users.
2. Changes to the Terms of Service
Changes to these Terms require the User's acceptance, except in the cases specified in this Section 2. If the User's acceptance is required, Virnect will notify the User of the planned changes and ask the User to accept the new Terms. The notification will be sent to the email address provided at registration.
If the User does not agree to the amended Terms, the User may no longer use the SQUARS Services.
Changes to these Terms arising from changes in the law, changes in case law, or changes in Virnect's economic circumstances (bankruptcy, insolvency) do not require the User's consent. In such cases, the User will also be notified by e-mail of the planned changes to the Terms and his/her right to object. From the time of notification, the user has a period of two months to object to the planned changes to the Terms. If the User continues to use the SQUARS Services after the expiry of this period without objecting, this shall be deemed to be acceptance of the amended Terms.
3. Availability of SQUARS Services
Virnect takes every reasonable effort to keep the SQUARS Services operational, however, there is no right of the User to a minimum level of availability of the SQUARS Services.
Virnect reserves the right to temporarily restrict or suspend access to the SQUARS Services or individual functionalities if this is necessary in view of capacity limits, the security or integrity of the servers or for the implementation of technical measures and this serves the proper or improved provision of the SQUARS Services. Virnect will keep these periods as short as possible.
4. Registration to SQUARS Services
In order to use the SQUARS Services, the User must register on the Website SQUARS.io in order to create a user account. The creation of a user account is free of charge.
Creating a user account requires the User to provide a username, password, the User's email address, and acceptance of these Terms, as well as acknowledgement of our Privacy Policy. The creation of a user account is only permitted to natural persons, provided they are eighteen years of age or older and have full legal capacity. If the user is a legal entity, the registration must be made by a natural person authorized to represent the entity. A person may only register once as a User on the Website and, by registering, confirms that he or she is not already registered on the Website. Successful registration requires confirmation of the User's identity by the User by means of a link sent by e-mail. Only upon confirmation of this link is the contract for the use of the SQUARS Services between the User and Virnect are concluded.
The User chooses a password for his/her user account. The User is fully responsible for maintaining the secrecy of his/her password and for all actions under his/her user account. The user is obligated to inform Virnect immediately if he/she becomes aware or if there are concrete indications that unauthorized third parties have become aware of his/her password. In such cases, the User must also change his or her password immediately. The User is liable for any misuse of his or her User account by third parties if it is his or her fault. Virnect assumes no liability for the actual identity of the user, as the identification of persons on the Internet is only possible to a limited extent.
If the User's name, address, or other data provided during registration for the SQUARS Services changes, the User should notify Virnect of these changes in order to enable Virnect to communicate with the User. This may be done in writing by mail or e-mail (support@squars.io), or by the member himself or herself in the user account. The User expressly agrees that legally relevant statements from Virnect (e.g., notices of contract termination) may only be sent in writing by mail to the address last provided by the User or, if the User has agreed to this, only by e-mail to the e-mail address last provided by the User.
If the user account is misused for reasons for which the User is responsible, all content attributable to the misuse will be deleted and access to SQUARS Services will be suspended with immediate effect. Virnect may terminate the contractual relationship at any time for good cause. Good cause exists in particular in the event of a serious violation of these Terms, such as misuse of the user account, as well as culpable deception, harassment, or harm to employees or other customers of Virnect.
In the event of a serious violation of these Terms or misuse of the user account for which the User is responsible, Virnect reserves the right to claim all damages incurred by Virnect.
5. User Content
With regard to the use of the SQUARS Services and the content uploaded or/and created by the User (the "User Content"), the User undertakes
- not to upload, store, publish, transfer or process any racist, offensive, discriminatory, defamatory, sexual, violent or otherwise unlawful content and not to bully, intimidate or harass other Users;
- not to upload any malicious code and not to engage in any disruptive interference with the Website, including but not limited to hacking attempts, brute force attacks, denial of service attacks, introduction of viruses/worms/Trojans;
- not to post advertisements or unsolicited messages (spam) or send them to other Users;
- to upload, store, publish, transmit and distribute any content only if and to the extent the User is authorized to do so, that is to say (i) either the User owns the necessary rights of use or (ii) if the User is not the owner of the rights to any content posted by the User, the User warrants to Virnect that the User has duly obtained all necessary rights, licenses, consents and the like. This applies in particular to copyrighted content as well as company names and trademark;
- not to infringe any industrial property rights, copyrights, personal rights or other rights of third parties;
- not to enter, save or send hyperlinks or content to which the User is not authorized, in particular if these hyperlinks or content are illegal.
In order to ensure the proper functioning of the SQUARS Services, Virnect reserves the right to (i) issue warnings in case of violations of these Terms by the User, (ii) delete the User's content, (iii) temporarily block the User or (iv) terminate the contractual relationship with immediate effect for good cause and permanently exclude the User from the SQUARS Services (permanent block).
6. Rights to User Content
The User warrants to Virnect that he/she has the rights to post, upload, share, store, or otherwise use the User Content within the SQUARS Services. With regard to the processing of personal data the User warrants that, with regard to any personal data that is uploaded or processed when using the SQUARS Services, the User has provided for the required legal basis and fulfilled the respective information obligations towards the affected data subjects. The User warrants the aforementioned in particular for User Content and personal data that he/she has not created himself/herself but that had been created or provided by third parties. The User alone shall be responsible for verifying the existence of the necessary rights to the User Content and personal data created or provided by third parties.
The User grants Virnect the revocable, royalty-free, non-exclusive, worldwide, transferable, sub-licensable right to use and modify all User Content (i) within the scope of and for the purpose of providing the Squars Services for the term of these Terms as well as (ii) for the purpose of presenting and advertising the SQUARS Services and/or related services by Virnect or its group companies publicly on their websites and any other media and communication channels (the "License").
The SQUARS Services offer the possibility to upload, create and store User Content (i) in your own personal user account in a manner that is not viewable by any other User except you (“Personal Content”), (ii) in a manner that only certain specified users can view (for example, a private upload to one or more other users) (“Limited Audience Content”) or (iii) which publicly accessible through the Website and/or in a manner that more than just you or certain specified users can view (“Public Content”). The differences in the aforementioned settings regarding the audience do not affect the License granted to Virnect by the User.
7. Trademarks
The company name, the term “SQUARS” (and Virnect Europe GmbH) and all related names, logos and slogans are trademarks and/or intellectual property of Virnect. Users may not use them without our prior express written permission.
Free Subscription
A User may use selected features and functionalities of the Services based on a trial subscription (a “Free Subscription“) for an unlimited period of time. The Trial Subscription includes the use of the Services in accordance with these Terms for "1 work group, 1 group member, up to 200MB storage, up to 3 AR projects, up to 1 publishing project, up to 200 AR views".
Trial Subscriptions are available for Users to determine whether to purchase a Paid Subscription Plan to the Services. Trial Subscriptions may not include all functionality and features accessible as part of a Paid Subscription Plan. If User does not enter into a Paid Subscription Plan, one month after signing up to the trial subscription, Virnect has the right to terminate the Trial Subscription at any time for any reason.
Paid Subscription Plan
The use of the Services is subject to a subscription fee as published on Pricing page. When activating the Paid Subscription Plan, a valid billing address and an e-mail address for the delivery of invoices must be selected.
The fees for Paid Subscription Plan are to be paid monthly and in advance by the User. For this purpose, Virnect sends the corresponding invoice to the user at the beginning of each payment period (i.e., at the beginning of each month) to the e-mail address provided by the User.
The amount of the fee will be displayed to the User on the Website accordingly. All fees are in Euro including all taxes and duties. Payment can be made via credit card.
9. Limitation on Liability & Warranty
Virnect is liable to the User for any harm or damages inflicted on the User based on the applicable statutory law, regardless of the legal reason (pre-contractual, contractual, non-contractual), only if Virnect caused deliberately or as a result of gross negligence. In case of slight negligence Virnect is not liable towards businesses and towards consumers only with regard to injury to life, body and health. Any liability of Virnect towards businesses for consequential damages, pure financial losses, lost profits as well as damages from claims of third parties is excluded. The foregoing also applies in particular to damages caused by errors, viruses, loss of data or in connection with cybercrime.
Virnect provides the Users with possibilities on the Website to provide content to third parties and thus to publish such content in a public forum. The respective User is solely liable for such content (“Your Content”). With regard to these contents, Virnect has the role of a purely technical disseminator/host. According to Section 16(1) of the Austrian E-Commerce Act, Virnect can only be held liable if Virnect has become aware of illegal content and does not remove/block such content immediately after having become aware of it.
The Website may contain hyperlinks to contents (websites etc.) of third parties. Virnect does not assume any liability for the contents of these websites, especially since Virnect does not control the linked information and does not create the contents and information provided there. The use of these contents is at the User's own risk. Virnect will immediately remove the hyperlinks concerned as soon as Virnect becomes aware of any illegal activity or information in connection with such hyperlinks.
Virnect is not liable for the functionality of the Internet connection or the device of the User. Virnect therefore assumes no warranty for hardware and software that is beyond its control (outside its sphere).
Virnect is not liable for the up-to-dateness and correctness of the content that Virnect makes available within the SQUARS Services. Virnect is also not liable for the correctness of the content of any information that Users communicate to other Users within the SQUARS Services.
10. Indemnification
The User agrees to indemnify Virnect from all claims raised by third parties against Virnect due to an infringement of their rights by the upload, creation and/or any processing of User Content or by other use in connection with the SQUARS Services. In such a case, the User shall also bear the costs of the necessary legal defense of Virnect, including all court and attorney fees in the statutory amount. This does not apply if the User can provide sufficient proof that he/she is not responsible for the infringement.
In the event of a claim by a third party, the User is obligated to immediately, truthfully, and completely provide Virnect with all information available to him/her that is necessary for an investigation of the claims and an appropriate defense. Further claims for damages by Virnect against the User remain unaffected by this.
11. Term and Termination
By accepting these Terms, the Parties agree to enter into an agreement for provided the SQUARS Service or a selection thereof for an indefinite period of time (the “Agreement”).
In case of Trial Subscription, the User may terminate the Agreement at any time by deleting the user account on the Website. By deleting the user account, the Agreement is terminated. If the User does not have a user account, the Agreement shall be terminated automatically upon termination of the use of the Website.
After deletion of the account and thus termination of the Agreement by the User, all personal data associated with the User's Account will be deleted by Virnect after expiration of the respective deletion period as indicated in the Privacy Policy.
Virnect may terminate the Agreement with the User at any time without stating reasons by giving four weeks' notice to the last day of the month. Both parties have the right to terminate the Agreement with immediate effect for good cause. Virnect shall be entitled, among other things, to terminate the Agreement for cause if the User violates these Terms.
12. Governing Law and Dispute Resolution
This Agreement and any non-contractual obligations arising out of or in relation to this Agreement shall be governed by, and construed in accordance with, the laws of Austria, without reference to or application of any conflict of law rules and excluding the UN sales law (“UN-Kaufrecht”).
Any disputes, controversies or claims arising out of or in relation to this Agreement including the validity, invalidity, breach or termination thereof, shall be finally settled exclusively by the courts of Vienna, first district, having subject matter jurisdiction in commercial disputes. A consumer shall retain the right to file lawsuits against Virnect at the place and with the courts as provided by the applicable mandatory law.
Your Comments and Concerns
Please submit all inquiries to support@squars.io
Thank you for using SQUARS.