GENERAL TERMS AND CONDITIONS (GTC)
for the use of the Software-as-a-Service product “AR Button”

Peter Podluczky, Karmeliterplatz 5/7, 1020 Vienna, Austria (hereinafter “Provider” or “we”)

Version: 1.1 (Updated: November 2025)

1. Scope and Applicability
1.1. These General Terms and Conditions (hereinafter “GTC”) apply to all business relationships and contracts between the Provider and any customer (hereinafter “Customer”) regarding the use of the „AR Button“ Service.

1.2. The GTC apply to both consumers (B2C) and entrepreneurs (B2B).

1.3. The Service is sold and billed through our authorized reseller Lemon Squeezy (acting as Merchant of Record). While Lemon Squeezy handles payments, invoicing, and tax processes, these GTC govern the use, scope, license, and liability related to the software service itself. In case of conflict, these GTC take precedence regarding the Service usage.

1.4. Deviating or conflicting terms and conditions of the Customer shall not become part of the contract.

1.5. Changes to these GTC will be communicated to the Customer. Continued use of the Service after the effective date of the changes constitutes acceptance.

2. Service Description and Limits
2.1. AR Button is a cloud-based Software-as-a-Service (SaaS) platform that provides dynamic Augmented Reality (AR) product previews via a web component or API.

2.2. The functional scope, the maximum monthly AR Views, and the allowed number of Domains are defined by the specific subscription plan (Tier) selected by the Customer, as published in the current Pricing List and Service Description on the Provider’s website. These limits are an essential component of the contract.

2.3. The Customer receives a non-exclusive, non-transferable, and revocable right to use the Service strictly within the limits of their purchased subscription.

3. Contract Formation, Term, and Termination
3.1. Contract Formation: Subscriptions are primarily concluded via the Lemon Squeezy checkout. Individual Enterprise contracts may be concluded via separate written agreement.

3.2. Term: Subscriptions are generally concluded for an indefinite period and renew automatically (monthly or annually) unless terminated.

3.3. Cancellation: The Customer may cancel the subscription at any time via the Customer Dashboard or the Lemon Squeezy Customer Portal. The Service remains active until the end of the current billing period, after which the contract terminates. No partial refunds will be issued for pre-paid periods.

3.4. Termination for Cause: The Provider is entitled to terminate the contract and suspend API access immediately if the Customer violates a material contractual obligation, including but not limited to: non-payment, breach of domain limits, security compromise, or misuse of the API Key.

4. API Keys, Domains, and Usage
4.1. The Customer receives an API Key, which is required for integration. The Customer must keep the API Key strictly confidential and prevent unauthorized access by third parties.

4.2. Domain Binding: The API Key is bound to the domains registered by the Customer in their dashboard. Use on domains not registered is a breach of contract.

4.3. Usage Limitations: The Customer is prohibited from reverse engineering, decompiling, modifying, or redistributing the software, web components, or 3D assets delivered via the Service.

4.4. Provider’s Right to Suspend: The Provider is entitled to temporarily suspend API access without prior notice if the usage volume exceeds the agreed limits or if the usage threatens the stability or security of the Service (Fair Use protection).

5. Customer Obligations and Indemnification
5.1. The Customer is responsible for the lawful use of the Service.

5.2. Content Liability: The Customer guarantees that any images, textures, or configuration data provided by them for use with the AR Button do not violate third-party rights (including copyrights, trademarks, and personality rights) or applicable laws.

5.3. Indemnification: Should a third party assert claims against the Provider due to the Customer’s breach of any contractual or legal obligation (e.g., copyright infringement based on Customer-supplied content), the Customer shall fully indemnify and hold the Provider harmless from all claims, damages, and costs (including reasonable legal fees).

5.4. No Uploads: The Service does not involve the hosting or storage of Customer-uploaded files.

6. Fees, Payment, and Offsetting
6.1. All payments are processed by Lemon Squeezy. Subscription fees are payable in advance for the respective billing period.

6.2. Price Adjustments: The Provider may adjust prices with 30 days’ notice. Continued use after the notice period constitutes acceptance of the new price.

6.3. Default: In case of payment failure, the Provider reserves the right to immediately suspend the Service until the outstanding amount is settled.

6.4. No Right to Offset: The Customer is not entitled to offset any claims against claims of the Provider, unless such counterclaims have been legally established by a court or explicitly acknowledged by the Provider in writing.

7. Availability, Warranty, and Support
7.1. Best Effort Availability: The Service is provided under a best-effort model. The Provider offers no guaranteed uptime (SLA) or guaranteed response times for support.

7.2. Maintenance: The Provider reserves the right to perform maintenance or updates at any time, which may lead to temporary interruptions of the Service. These do not constitute a defect.

7.3. Support: Support is provided via email only. The Provider aims to respond within reasonable business hours.

8. Intellectual Property (IP)
8.1. All software, web components, APIs, 3D models, templates, and documentation provided remain the exclusive intellectual property of the Provider.

8.2. No Transfer of IP: No ownership or copyright is transferred to the Customer. The granted usage license ends automatically upon termination of the contract.

9. Liability
9.1. Exclusion of Liability: The Provider excludes all liability for damages to the maximum extent permitted by law, including but not limited to direct or indirect damages, consequential damages, data loss, loss of profits, and business interruption.

9.2. Limitation of Liability (Entrepreneurs/B2B): For Entrepreneurs, the Provider’s liability is excluded for slight negligence (leichte Fahrlässigkeit).

9.3. Damage Cap: In all cases where liability cannot be legally excluded, the Provider’s total liability for any claim arising out of this contract shall be capped at the total amount paid by the Customer for the Service during the three (3) months prior to the event giving rise to the claim.

9.4. Mandatory Liability: The limitations in this section do not apply to damages resulting from injury to life, body, or health, or from intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit).

10. Marketing and References
10.1. Reference Rights: The Provider is entitled to name the Customer as a reference and use the Customer’s logo and company name on the Provider’s website and marketing materials to indicate the business relationship. 10.2. The Customer may revoke this consent in writing at any time.

11. Governing Law and Jurisdiction
11.1. Applicable Law: This Agreement is governed by the laws of the Republic of Austria, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

11.2. Jurisdiction (B2B): For Entrepreneurs, the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is the court competent for the Provider’s registered office in Vienna, Austria.

12. Final Provisions
12.1. Should individual provisions of these GTC be invalid, the remaining provisions shall remain effective.