General Terms and Conditions

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 Service is offered exclusively to entrepreneurs within the meaning of § 1 UGB (B2B). The Provider does not conclude contracts with consumers. Where, in an individual case, a contract is nevertheless concluded with a consumer, mandatory consumer protection provisions take precedence over any conflicting clause in these GTC.

1.3. The Service is sold and invoiced directly by the Provider. Invoices are issued in the Provider’s own name and are payable to the Provider. Where the Provider uses a payment service provider to collect payments, that provider acts solely as a payment processor and does not become a party to this contract.

1.4. Deviating or conflicting terms and conditions of the Customer shall not become part of the contract, even if the Provider does not expressly object to them.

1.5. Changes to these GTC will be communicated to the Customer in text form at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance. If the Customer does not accept the change, they may terminate under Clause 3.3 with effect from the date the change takes effect.

1.6. Relationship to other terms: These GTC govern the AR Button Service in its entirety, including individual development services under Clause 13. The “Allgemeine Auftragsbedingungen Augmented Area” (AAB) do not apply to the AR Button Service. They apply only to design and media projects commissioned separately from the Provider outside the AR Button Service. In the event of doubt as to which set of terms applies to a given service, these GTC prevail for everything concerning the AR Button Service.

1.7. Versions: Each version of these GTC is published under its own permanent address and remains retrievable there. The version applicable to a contract is the version in force at the time the contract was concluded, subject to changes under Clause 1.5. The version applicable to an invoice is stated on that invoice.

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, or by an individually agreed scope confirmed in text form. 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.

2.4. Exceeding Plan Limits: If the Customer’s usage exceeds the AR Views or Domains included in their plan, the Service will not be throttled, suspended or interrupted. Instead, the Provider is entitled to move the Customer to the plan corresponding to the actual usage, effective from the beginning of the next billing period, after giving the Customer at least 14 days’ notice in text form. If the Customer does not wish to continue on the adjusted plan, they may terminate under Clause 3.3 before the adjustment takes effect.

2.5. Provider Branding: Plans that include a reference to the Provider within the button or viewer require that this reference remains visible and unaltered. Removing, hiding or obscuring it constitutes a material breach. White-label use requires a plan that expressly includes it.

2.6. Free Plan: A free starter plan may be offered at the Provider’s discretion. It carries no availability commitment and no support entitlement, includes Provider branding, and may be modified or discontinued at any time with 14 days’ notice.

3. Contract Formation, Term, and Termination

3.1. Contract Formation: A contract is concluded when the Customer orders a subscription through the Provider’s website or Customer Dashboard, or when the Customer confirms an offer of the Provider in text form. Individual and Enterprise contracts may be concluded by separate written agreement.

3.2. Term: Subscriptions are concluded for an indefinite period and renew automatically (monthly or annually) unless terminated. No minimum term applies unless expressly agreed in text form.

3.3. Cancellation: The Customer may cancel the subscription at any time with effect from the end of the current billing period, via the Customer Dashboard or in text form to office@ar-button.com. The Service remains active until the end of that period, after which the contract terminates. No partial refunds will be issued for pre-paid periods. The Provider asks the Customer to state the reason for cancellation; stating a reason is not a condition for the cancellation to take effect.

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 after a reminder with a grace period of at least 14 days, breach of domain limits, removal of Provider branding contrary to Clause 2.5, security compromise, or misuse of the API Key.

3.5. Plan Changes: A change of subscription plan for a given registered Domain may be made once every six (6) months. Adjustments initiated by the Provider under Clause 2.4 and upgrades to a higher plan are not subject to this restriction.

3.6. Effect of Termination: Upon termination the API Key is deactivated and the web component ceases to render. The Customer is responsible for removing the integration snippet from their website.

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 only if the usage threatens the stability or security of the Service (Fair Use protection), or in the cases set out in Clause 3.4. Exceeding the included AR Views alone does not lead to suspension; Clause 2.4 applies.

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 Taxes

6.1. Invoicing: The Provider issues invoices for each billing period. Subscription fees are payable in advance for the respective billing period. Unless stated otherwise on the invoice, payment is due within 14 days of the invoice date without deduction.

6.2. Payment Methods: Payment is made by SEPA credit transfer to the account stated on the invoice. Further payment methods may be offered and are then shown on the invoice. The Provider does not charge a surcharge for any payment method.

6.3. Price Adjustments: The Provider may adjust prices with 30 days’ notice in text form. Continued use after the notice period constitutes acceptance of the new price. If the Customer does not accept the new price, they may terminate under Clause 3.3 with effect from the date the new price takes effect.

6.4. Default: In the event of late payment the Provider is entitled to default interest at the statutory rate for business transactions (§ 456 UGB) and to reimbursement of reasonable costs of collection. The Provider may suspend the Service after a reminder with a grace period of at least 14 days has expired without result, until the outstanding amount is settled. Suspension does not reduce the fees owed for the affected period.

6.5. 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.

6.6. Taxes: Invoices are issued in accordance with Austrian value added tax law. For supplies to entrepreneurs established in another EU Member State, the reverse-charge mechanism applies; the Customer shall provide a valid VAT identification number and keep it current, and shall notify the Provider without delay of any change. Supplies to Customers established outside the EU are invoiced as not subject to Austrian VAT. If information provided by the Customer turns out to be incorrect and the Provider therefore owes tax, the Customer shall reimburse the Provider for that amount.

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. Assistance with the integration of the Service into the Customer’s website is included in paid plans only; it is not part of the Free Plan under Clause 2.6.

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.

8.3. Customer Materials: Materials supplied by the Customer (CAD files, technical drawings, textures, photographs, product images) remain the property of the Customer. The Customer grants the Provider a non-exclusive right to use them for the purpose of creating and operating the agreed AR representation for the term of the contract.

8.4. Custom Models: Where the Provider creates a 3D model, parametric configuration, texture set or other asset for the Customer, whether or not based on Customer Materials and whether or not separately remunerated, all rights in that asset remain with the Provider. The Customer receives a non-exclusive, non-transferable and non-sublicensable right, limited to the term of the subscription, to use that asset exclusively through the Provider’s Service. No asset files are handed over and no use outside the Service is permitted. Any one-off fee remunerates the creation of the asset, not a transfer of rights.

8.5. Reuse and Components: The Provider remains entitled to reuse, for other customers and in other projects, the know-how, methods, parametric logic and construction techniques as well as the individual components created in the course of such work, including sub-models, geometry modules, materials, textures, maps and shaders, together with designs derived from them, and to combine them into new arrangements. The Provider will not, however, make the Custom Model available to another customer in the specific overall composition created for the Customer. This reuse right does not extend to the Customer’s distinctive product designs or trade marks, and the Provider will not make Customer Materials as such available to third parties.

9. Data Protection

9.1. The Provider processes personal data in accordance with the Privacy Policy published on the Provider’s website.

9.2. The Service does not host or store files uploaded by end users. Product images are read from the Customer’s own sources at the time of rendering.

9.3. Operating the Service requires processing technical usage data, in particular the registered domain, the number of AR Views, timestamps and error messages. The Provider processes this data to operate the Service, to detect faults and to bill the agreed fees.

9.4. Where the Provider processes personal data on behalf of the Customer, the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR. The Provider shall provide such an agreement on request in text form.

10. Liability

10.1. 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.

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

10.3. 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.

10.4. 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).

11. Marketing and References

11.1. 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.

11.2. The Customer may revoke this consent in text form at any time. Where a discount was granted in return for a reference or a backlink, revocation entitles the Provider to apply the undiscounted price from the beginning of the next billing period.

12. Governing Law and Jurisdiction

12.1. 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).

12.2. 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.

13. Individual Development Services

13.1. Services beyond the standard Service, in particular the creation of models, assets and integrations, are provided on the basis of a separate offer which becomes binding upon the Customer’s confirmation in text form.

13.2. Fixed prices in such offers assume that the Customer Materials described in the offer are supplied in usable form. If they are not, the Provider will notify the Customer of the resulting additional effort before starting the affected phase.

13.3. Unless agreed otherwise, 40% of the agreed fee is due upon order and the remainder as set out in the offer.

13.4. The result is deemed accepted if the Customer does not object in text form within 14 days of being given access to a preview.

13.5. Clause 8 applies to all results of such services.

14. Final Provisions

14.1. Should individual provisions of these GTC be invalid, the remaining provisions shall remain effective. The invalid provision shall be replaced by a valid provision that comes closest to its economic purpose.

14.2. Amendments and supplements to the contract require text form. This also applies to any waiver of this form requirement.