Terms and Conditions of Use for the ARTY Application
Legal Notice for the ARTY Application
Publisher of the Application: SAS ARTY
Phone Number (France): 0676925529
Contact Email: contact@ary.eu
Data Protection Officer for the Application: Mrs Karen Crevecoeur
Hosting of the Application: The application is hosted by Microsoft Azure, with its headquarters for France located at the following address: Microsoft France – SAS, 37-39 Quai du Président Roosevelt – 92130 Issy-les-Moulineaux
ARY, a simplified joint-stock company registered with the Registry of Commerce and Companies of Versailles under number 913 109 435, operates the ARTY application. The application is designed to provide users with the ability to create and share scenes incorporating virtual elements or objects into real environments.
The key functionalities of the application include:
Access to a library of 3D objects or elements for placement in both indoor and outdoor environments.
The ARTY application, inclusive of software components, files, logos, images, and data, is accessible to individual and professional users. It is available for download from the Android (https://play.google.com/store/apps?hl=en&gl=US) and Apple (https://www.apple.com/app-store/) stores.
The comprehensive list and detailed descriptions of services provided by ARTY through the application can be accessed at any time within the application interface. All offerings and services available on the application collectively constitute the “Services.”
Consequently, these General Terms and Conditions of Use (hereinafter referred to as the “Terms”) govern the relationship between ARTY and any user who has downloaded and utilized the application. Their primary objective is to regulate access to and the terms of use of the application. Additionally, they establish the terms and conditions under which ARTY provides users with the Services described herein, outlining the rights and obligations of both parties.
These Terms represent the entire agreement between the parties, superseding any prior agreements, letters, offers, or other written or oral documents pertaining to the same subject matter. Supplementary conditions of use may be added, if necessary, and in the event of a conflict, such supplementary conditions shall prevail over these General Terms.
Users declare that they have obtained all necessary information regarding the quantitative and qualitative characteristics of the Services offered through the application.
ARTICLE 1: Definitions
The terms and expressions starting with a capital letter in these Terms and Conditions, whether used in the singular or plural depending on the context, will have the following meanings:
Application: Refers to the ARTY augmented reality Application developed and published by the company ARY, available for download by the User on the Google (Android) and Apple stores. This Application uses technology to display a fixed or animated virtual image (“the Element”) superimposed on a real physical object or environment via a smartphone or tablet. The Application is provided to the User by ARY in the form of a usage license. The Application includes the technical and software infrastructure (including the search engine) as well as its content, including texts, sounds, still or animated images, videos, databases, logos, hyperlinks, structure and layout, tabs, and navigation menu, etc.
Library(s): Refers to the part of the Application that allows the User to access a predetermined list of Elements. These Elements can be saved in the Library either by ARTY (Elements offered for free and for testing purposes), by the Client, or by the User themselves. In any case, the Elements provided by the Client or ARTY will be clearly identified as such in the relevant Library(s).
Client: Refers to the professional User who has previously entered into a separate agreement with ARTY. This agreement may involve providing a list of specific Elements for certain Users, particularly for commercial purposes. In this case, the Client will be the administrator of the Elements provided.
Account: Refers to all the data (including personal data) related to the User, including their identifiers (email address and password required to access the Application), the list of accessible Services, any permissions granted, as well as login and activity data on the Application. Only one Account can be created per User.
Terms and Conditions: Refers to the present document that governs the rights and obligations of the parties.
Data: Refers to the information (including Personal Data) that the User owns and/or is responsible for, which they enter, provide, transmit, collect, store, and/or process in the context of their use of the Services.
Element: Refers to any object, Data, or 3D content.
Hosting: Refers to the subcontractor hosting the Data stored within the Application. In this case, the company providing Hosting for the Application is Microsoft AZURE.
Incident: Refers to any anomaly encountered by the User in their normal use of the Services.
Service(s): Refers to the service(s) available and selectable by the User via the Application. The content of each Service is detailed in the Application. A Service may be paid or free. If it is paid, the Service will also require validation of separate Terms and Conditions of Sale from this document. Certain Services (including certain features) of the Application may vary depending on the contract entered into by the Client with ARTY.
User: Refers to any adult person who has downloaded the Application and subscribed to ARTY’s Services by accepting these Terms and Conditions. The User can be a private individual or a professional under French law. The User also includes the Client when they use the Application.
ARTICLE 2: Purpose/Description of the Services Offered via the Application
2.1 Purpose of the Application
The purpose of the Application is to optimize access to augmented reality for each User, allowing them, in particular, to:
Create Scenes with virtual Elements transposed into a real environment, with the understanding that the creation of Scenes via the Application is entirely the responsibility of the User;
Easily transform an Element into a 3D Object using a scanning tool.
To this end, the Application offers the User the following features, all accessible from the home page of the Application:
Access to a scanning feature for Elements. It is specified that, for scanning to be performed properly, each Element must first be placed on a white surface; furthermore, the User must slowly rotate around the Element during the Scene capture to ensure optimal rendering.
Access to a Scene or photo creation feature.
Access to a search tab.
Access to various Element Libraries, allowing them to be viewed at different scales (a 1:1 scale indicates the Element is life-size):
Elements provided natively by ARTY on the Application. These Elements are offered for testing the Application;
Elements possibly created by the Client;
Elements created by the User themselves;
Elements created by other Users.
Access to a feature that allows publishing Elements and/or Scenes. These publications will be accompanied by a description written by the User, possibly accompanied by tags. Once published, they will be visible to all Accounts that have chosen to follow the User.
Access to a help section for using the Application (including a FAQ and technical documentation). This section also includes a contact form.
Description of the Application
The Application offers the following features:
Augmented Reality: Integration of virtual objects into the real world.
Scenario Setup: Placement of one or more objects for visualization.
Content Creation: Capture of photos and videos from the setup.
Sharing: Publication of content within the Application or on external platforms.
Organization: Organizing objects into folders.
Target Audience: Artists and furniture stores, to display their creations and products to end customers.
The Application also provides access to a page for configuring the User’s Account by filling out a set of fields (first name/last name, User pseudonym, height, date of birth, email address, password, and, if purchasing paid Services, payment details).
Moreover, the Services offered by the Application are subject to change, which the User expressly acknowledges by accepting these Terms and Conditions. In this context, the User acknowledges that new features may appear in the Application, and some may be removed.
Furthermore, the User has full control over their data settings, configuration, or usage of Scenes and Elements based on their own criteria, provided they respect third-party rights and the rights and obligations stipulated in these Terms and Conditions.
Thus, each action or result presented via the Application is generated solely based on the User’s choices when using the Services, with no control by ARTY.
As a result, ARTY cannot be held liable in any way for the use of the Services offered on the Application or their suitability for the User’s intended purpose, and more generally, for the use the User wishes to make of the Application and the associated Services.
2.2 Availability of Services
It is noted that all Services are offered on the Application subject to their availability. Therefore, the presentation of Services on the Application at a given time does not imply or guarantee that these Services will always be available.
ARTY reserves the right to suspend the distribution or commercialization of any Service at any time.
Regarding specifically paid Services: Paid Services will be governed by separate Terms and Conditions of Sale, which the User must accept (in the case of payment via the Application).
ARTICLE 3: Acceptance and Scope of the Terms and Conditions
The purpose of these Terms and Conditions is to define the terms and conditions under which the User is authorized to use the Application once downloaded, as well as the terms of access to and operation of the Services offered on the Application. They take precedence over any other document that may have been communicated between the Parties. The User acknowledges that the Services offered by ARTY through the Application are intended to evolve and be modified.
These Terms and Conditions apply without restriction or reservation to any use or download of the Application. Accessing and using the Application thus implies full acceptance of these Terms and Conditions by checking the box “I acknowledge having read and accepted the Terms and Conditions of Use.”
Acceptance of these Terms and Conditions in the form of a “checkbox” when downloading the Application and/or creating the Account and/or placing the order constitutes proof that the User has read and accepted these provisions.
Any User of the Application acknowledges that they are fully informed and bound by all the provisions of these Terms and Conditions. These Terms are freely accessible on the Application on the Account.
Any condition or clause contrary to the Terms and Conditions raised by the User will therefore be unenforceable against ARTY unless expressly accepted in writing by ARTY.
ARTY reserves the right, at its sole discretion, at any time and without prior notice, to modify the Application, the Services, or modify these Terms and Conditions.
It is specified that the applicable Terms and Conditions are those in effect at the time of the User’s use of the Application. Therefore, in case of modification, the Terms and Conditions in effect on the day of order placement or Account creation will apply.
Moreover, ARTY reminds Users that they must have a functioning email address. Without a valid email address, ARTY will be unable to fulfill its obligations and cannot be held responsible for this failure to perform.
Specifically, ARTY will not be able to respond to any inquiries made through the contact form and will be unable to process any Service orders or Account creations.
Similarly, these Terms and Conditions are available only in French and English and apply to any Service used and/or ordered.
Any use of the Application by the User after any modifications to the Terms and Conditions constitutes acceptance of the new Terms and Conditions. The Terms and Conditions available online on the Application prevail over any printed version with an earlier date. The User may at any time choose to stop using the Application but will remain responsible for any previous use.
Finally, ARTY’s failure to enforce a provision of these Terms and Conditions at any given time should not be interpreted as a waiver of the right to enforce that provision at a later time.
It is specified that, unless proven otherwise, the data recorded in the Application’s computer system constitutes proof of all transactions concluded with the User.
ARTICLE 4: Access, Security, and Continuity of the Application
4.1 Access to the Application
Once downloaded from a mobile application store (Google Play or the App Store), the Application is accessible to the adult User via the internet from a mobile device with an up-to-date web browser.
It is specified that the User commits, upon downloading, to comply with the general terms and conditions of the respective mobile application stores.
Downloading, accessing, and using the Application are free of charge.
Ordering a Service from the store or from the Application may incur a fee; in this case, it will be conditioned upon validating a separate document, namely the ARY terms and conditions of sale.
It is specified that any use of the Application’s Services requires registration and the creation of an Account (with an email address and password), along with acceptance of these Terms and Conditions, which inform Users about the nature of their commitments.
4.2 Availability of the Application
The ARTY Application is accessible 24/7.
Due to the nature and complexity of the internet network, and in particular, its technical performance and the response times for consulting, querying, or transferring information, ARY makes reasonable efforts to enable access to and use of the Application and the Services offered. However, ARY is not obligated to ensure that access is always successful. Therefore, given the inherent uncertainties of the internet network and the numerous third-party technical providers (technical operators, access providers, applications enabling QR Code functionality, etc.), ARY cannot guarantee that the Application and Services will function without interruption or that the servers providing access or third-party sites linked to the Application are free from viruses.
ARY will be released from any liability if access to the Application and Services is impossible due to a force majeure event, as defined by Article 1218 of the French Civil Code, or due to an event beyond its control (e.g., issues with the User’s equipment, technical problems, internet network disruptions, etc.).
In particular, ARY reserves the right, without notice or compensation, to temporarily close or restrict access to the Application or to one or more of the Services, especially for maintenance, updates, modifications, or limiting the Application’s hours of accessibility, without this list being exhaustive.
In the event of temporary or prolonged unavailability of the Application, notably due to “bugs,” ARY will not be held responsible for any damages other than those resulting directly from its failure to fulfill its obligations as outlined in these Terms and Conditions.
4.3 Technical Requirements for Using the Application and Benefiting from the Services
Furthermore, ARY cannot be held responsible for the proper functioning of the User’s computing equipment or their access to the internet.
For optimal functioning of the Application, ARY recommends that each User uses computing equipment with the following minimum configuration:
Chrome: Version 85.0 and later (access via browser for help page)
Apple Safari: Version 14.0 and later (access via browser for help page)
iOS: Minimum iOS 17.0
Android: Minimum Android 11.0
Additionally, for optimal functioning of the Application, the User must ensure they have the following equipment:
A sufficient internet connection;
Computing equipment (smartphone or tablet) with technical capabilities to support the use of the Application.
Moreover, the file formats supported by the Application are:
For videos: Mp4/mov;
For photos: Heic, jpeg;
For objects: Glb, Obj, fbx, animated objects 4ds.
It is further specified that devices equipped with LiDAR (Light Detection and Ranging technology that uses laser beams) provide an enhanced user experience.
THE USER ACKNOWLEDGES THAT ACCESSING AND USING THE APPLICATION AND ASSOCIATED SERVICES MAY BE COMPLEX OR IMPOSSIBLE DUE TO THE LACK OF THESE TECHNICAL REQUIREMENTS.
The User acknowledges having verified that the computing configuration they possess is adequate, free from viruses, and in good working order. The equipment (tablet, mobile phone, software, telecommunications means, etc.) required to access the Application is the sole responsibility of the User, as are the telecommunications fees associated with their use.
ARTICLE 4: Modifications and Developments of the Application
4.1 Technological Developments
ARY reserves the right to complete or modify, at any time, the Application and the Services available therein depending on technological advancements.
It is the User’s responsibility to ensure that the computer and transmission means at their disposal are capable of adapting to the developments of the Application and/or the Services.
Considering the points outlined in this article, the User acknowledges that ARY’s obligation regarding the availability of the Application constitutes a mere obligation of means.
4.4 Compliance with General Usage Rules – User’s Obligations
The User can enjoy the features offered by the Application once they meet the technical prerequisites outlined in section 4.3 above.
In general, the User undertakes not to engage in any acts that are contrary to the law, that would harm public order, or infringe on the rights of ARY or third parties, when using the Application and its features (library, chatbot, etc.).
In particular, without this list being exhaustive, the User agrees to:
Provide mandatory fields during registration: username, height, email, and date of birth. If Service purchases are offered through the Application, the User must provide their bank details beforehand.
Choose a username, a password, and confirm it. For the password: minimum 6 characters, including at least one uppercase letter, one lowercase letter, one number, and one special character. The username can be chosen by the User, but if the username already exists, ARY will inform the User to choose another one.
Providing these details and ARY’s validation of the registration are essential to using the Services.
In any case, the User agrees to:
Provide accurate and sincere information to ARY. In case of changes to the provided information, the User undertakes to update the data on their Account.
Not use a false identity to deceive ARY or others and provide accurate information when using the Application.
Comply with applicable laws and respect the rights of third parties, as well as the provisions of these Terms and Conditions. Specifically, the User agrees not to infringe upon the privacy rights or image rights of other Users or any third parties. IT IS REMINDED THAT SCANNING AND USING DIGITIZED ITEMS IN THE APPLICATION IS UNDER THE FULL RESPONSIBILITY OF THE USER. ALL ELEMENTS IN THE APPLICATION (WHETHER PROVIDED BY ARY, THE CLIENT, OR USERS) MUST BE USED IN COMPLIANCE WITH APPLICABLE REGULATIONS AND MUST NOT INFRINGE ON THE RIGHTS OF OTHERS, GOOD MORALS, OR PUBLIC ORDER.
Use the Application and Services in a fair manner, in accordance with their intended purposes and in compliance with legal, regulatory provisions, and industry practices. Notably, Users are expressly prohibited from submitting content that could constitute an offense under the “press offense” laws, particularly under the law of July 29, 1881, as amended, regarding freedom of the press via the Chat of the Application.
Not enter or attempt to access any property or location that the User is not authorized to access in any way.
Respect intellectual property rights related to content provided by ARY, as well as the intellectual property rights of other Users or third parties, such as the Application creator or any intermediaries used in providing the Services. The User is prohibited from reproducing or communicating any content to the public through the Application without the authorization of the content rights holders when required.
Not misuse or attempt to misuse any feature of the Application beyond its intended use as defined in these Terms and Conditions.
Not upload, send, distribute, or transmit any content that could be false, defamatory, or confidential.
Not overload the Application in any way.
Not collect information from the Application in a massive or unauthorized manner.
Not use any robotic software or automated tools (scraping or similar techniques) to navigate the Application.
Not use the Services, or any part of them, for commercial purposes or in a manner not authorized by these Terms and Conditions.
Not spread data, information, or content that would disrupt or prevent the normal use of the Application.
Not engage in advertising actions without prior explicit consent from ARY.
In case of any violation by a User of one or more of these rules, ARY reserves the right to suspend and/or unilaterally terminate these Terms and Conditions and any associated contracts or specific terms, and/or to block the User’s orders, Services, and/or access to all or part of the Application, without any compensation, according to the terms outlined in these Terms and Conditions.
Finally, it is reminded that articles 323-1 and subsequent of the French Penal Code punish fraudulent access and maintenance within an automated data processing system by sentences of up to five (5) years of imprisonment and a fine of 150,000 euros, including:
Unauthorized access and maintenance within an automated data processing system.
Interfering with this system.
Fraudulent deletion, modification, or addition of data in this system.
ARTICLE 5: Account Creation on the Application / Unsubscription
5.1 Registration
To access the Services offered on the Application, the User must first download it from the stores and accept the associated Terms and Conditions.
Next, the User must provide a certain amount of information to create an Account, including a username, a password that meets the previous requirements, date of birth, and height. All this information is mandatory.
A validation code is automatically sent to the corresponding email, and it must be entered in the Application to “activate” the Account. In case of a lost password, the User uses the “forgot password” link, enters their email, and receives a code. If the email is unknown, no message will be sent.
Once in the Application, the User can indicate and modify their gender (M/F – undefined).
Upon first login, the User is prompted to read and accept these Terms and Conditions.
During and after their registration on the Application, the User agrees to:
Provide accurate, up-to-date, and complete information to ARY.
Regularly maintain and update registration data to keep it accurate and complete.
Notify ARY of any errors or irregularities in the registration information as soon as they become aware, especially after the account creation confirmation.
If the information provided is false, inaccurate, outdated, or incomplete, ARY has the right to close the Account and deny immediate future access to the Service.
ARY reserves the right to cancel the registration if any necessary information is missing or inaccurate and will not be held responsible for failing to honor the registration under such circumstances.
When the User continues using the Application and Services after completing the registration process, they irrevocably accept:
The registration performed on the Application.
The entirety of the applicable Terms and Conditions for this registration, fully and without reservation.
ARY reserves the right to cancel any registration of a User with whom a dispute exists regarding the use of the Application, a Service, or a previous registration.
5.2 Managing Identifiers and Passwords
The User agrees to take all necessary measures to maintain the confidentiality of their access to the Application.
The User must ensure the security and confidentiality of the personal identifiers associated with their Account. The User acknowledges and fully agrees that they may be held responsible for any damages caused by the use of Services and the Application from their Account, and that ARY cannot be held responsible for any fraudulent use by the User or a third party through the User’s Account.
In case of fraudulent use of their Account, the User agrees to immediately inform ARY and change their access password without delay. Any costs resulting from unauthorized use will be borne by the User.
ARY shall not be responsible for any material or immaterial damages resulting from the use of the Account by a third party, with or without the User’s authorization.
5.3 Unsubscribing from the Application
The User can unsubscribe from the Application at any time by requesting the deletion of their Account.
To do so, via the Account, the User can use the “delete account” feature and confirm the request.
Afterward, the Application will close.
The data associated with the User will be deleted (posts/Library). Conversation data will be retained as long as the third party has not deleted their Account. The username will be renamed “Deleted Account + increment” and will appear this way in the conversation.
The User acknowledges that unsubscribing from the Application results in the deletion of all their data and content in the Application, except for data that must be kept due to legal obligations or for evidentiary purposes, and except for Elements that have been shared with another User in the Application’s Chat. These Elements will be deleted from the User’s Account but will remain visible to other Users in their conversation histories if they were intentionally shared with others before the Account’s closure date. If there is difficulty deleting these Elements when closing the Account, the User can contact ARY under the conditions set out in Article 12 of these Terms to determine a specific strategy in case these Elements violate i) intellectual property or industrial rights and/or ii) data privacy rights.
However, unsubscribing from the Application does not cancel or suspend payment of any sums owed to ARY for services subscribed to by the User within the scope of their relationship with ARY (service orders).
5.4 Deletion of Inactive Accounts
The User is informed that ARY reserves the right to delete inactive Accounts without any objection from the User. A User’s Account is considered inactive if it has not been used for a total and successive period of twelve (12) months (no login).
In any case, the User will be notified by ARY one (1) month before the Account deletion.
ARTICLE 6: Warning Regarding Application Use, Digitization of Items, and Content Sharing
6.1 Application Use and Digitization of Items
The User is solely responsible for their choices related to the use and possible configuration of the Application’s features and their adequacy with their needs, so that ARY’s responsibility cannot be sought in this regard.
Specifically, it is reiterated that digitizing and using the Digitized Items in the Application is done under the User’s full responsibility.
The User must obtain all necessary rights and authorizations before digitizing an Item in the Application, as ARY does not perform any prior control in this regard. The intellectual or industrial property rights of the Items integrated into the Application will be considered fully respected by the User.
It is strictly prohibited:
To integrate or share in the Application any Items containing personal data of third parties without their express and prior consent.
To infringe upon the privacy of third parties via the Application, including other Users.
To capture the image or voice of third parties without their express and prior consent and introduce or share this capture through the Application. It is reminded that authorization must be requested to use someone’s image (as well as their voice and name), if they are identifiable. This authorization must be specific (duration, territory, modalities, etc.) to ensure the person has consented to all uses of their image. Violations of image rights can be subject to civil and criminal penalties.
Additionally, all Elements in the Application (whether provided by ARY, the Client, or an User) must be used in compliance with applicable regulations and should not infringe on the rights of others, public order, or good morals. The law prohibits exposing minors to harm (e.g., articles 227-23 and 227-24 of the French Penal Code prohibit the production, distribution, or sharing of pornographic material featuring minors).
In this context, offensive or explicit content (nudity, pornography, hate content, etc.) should be reported by any User to ARY, who may close the concerned User’s account without compensation or prior notice.
Finally, as previously mentioned, in the case of the purchase of paid Services through the Application, the User must first accept separate general terms and conditions from these Terms of Use.
## 6.2 Sharing Content or Items Generated via the Application on Other Platforms or Social Networks
The Application natively offers a feature that allows the sharing of generated Items on other platforms or social networks as provided by the User’s device.
The sharing function operates under the full and sole responsibility of the User.
Furthermore, this sharing must be done:
– In accordance with the rights and obligations set forth in these General Terms and Conditions;
– In accordance with the rules set forth in the general conditions, codes of conduct, or charters of the concerned platforms and social networks.
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## ARTICLE 7: Duration and Termination
These General Terms and Conditions are concluded for an indefinite period starting from their acceptance by the User and as long as the Application is available by ARY, which retains the ability to remove access to the Application at any time with a three (3) month notice, unless specific conditions contrary to this are agreed with a Client.
The User also retains the option to delete their Account at any time. To do this, they simply need to:
– Use the “delete my account” option in the Account settings;
– Contact ARY’s IT support via the following email address: artycontact@ary.eu
After this action, the User agrees to lose all their Account Data and waive any access to the Application and Services after the deletion is confirmed. A confirmation message of the Account deletion will then be sent to the User by email.
### ▪ Termination in Case of User’s Breach of These General Terms or Fraudulent Use of the Application and/or Services
These Terms may be terminated by ARY at any time and by right, without formality or notice, due to fraudulent or unlawful use by the User of the Application and/or Services or failure to comply with these General Terms, without prejudice to any damages ARY may claim due to these actions. The User will be informed of this termination by a registered letter notifying the termination of the Agreement and the closure of their Account. The User will not be entitled to any compensation due to this termination.
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## ARTICLE 8: Liability
### 8.1 Limitation of ARY’s Liability with Regard to the Services and the Application
ARY accepts no liability toward the User regarding the provision of Services and is exempt from any obligation other than those of a public order nature that are strictly imposed on it, which the User expressly acknowledges and accepts.
THE USER FURTHER ACKNOWLEDGES AND ACCEPTS THAT THE SERVICES AND THE APPLICATION ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
ARY does not control the content integrated into the Application by the User in the context of using the Services, including the Elements digitized by the User in the Application. The content and Data transmitted, as well as their effects and implications, therefore remain under the full responsibility of the User, in accordance with the provisions of Article 6.
Additionally, it is reminded that the User must take all appropriate measures to protect their own computer systems from unauthorized intrusions, destruction or alteration actions, or possible contamination by viruses, trojans, or other systems causing security flaws on the Internet.
### 8.2 Exclusion of ARY’s Liability under Applicable Regulations
The User undertakes to take responsibility for complying with regulations, including, but not limited to, fiscal, social, administrative, and civil laws, which may apply to them as a user of the Services.
ARY’s liability cannot be engaged due to the User’s non-compliance with the applicable regulations.
### 8.3 General Exclusion of ARY’s Liability
More generally, and unless expressly stated otherwise, under no circumstances will ARY or its executives, employees, or agents be held responsible to the User for any direct or indirect damage resulting from the use of the Application and the Services offered therein, any content of the Application (including the Elements), accessible or downloaded from the Application, even if ARY has knowledge or has been informed of the possibility of such damages occurring.
Furthermore, ARY does not guarantee to the User that:
– The Services, which are continuously improved for performance and progress, will be free of errors, defects, or faults;
– The Services, being standard and not offered solely for the User based on their personal constraints, will specifically meet their needs and expectations.
ARY also disclaims any liability in case of potential loss of information accessible on the User’s Account, as the User is responsible for saving a copy of the information they consider necessary and cannot claim any compensation in this regard.
Finally, it is reminded that the purchase of paid Services on the Application is subject to specific operating rules described in separate terms and conditions of sale. The User agrees to refer to these rules when purchasing a paid Service.
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## ARTICLE 9: Application Maintenance
ARY reserves the exclusive right to make corrections to the Application to ensure that it functions as intended, which the User expressly acknowledges.
ARY selects the most appropriate means to correct any dysfunctions present in the Application. Whenever possible, ARY will inform the User in advance of any Application interruption via a popup (a small message appearing when the Application is opened).
ARY is not bound by any guarantee regarding the availability, maintenance, or accessibility of the Application to the User. It is also not bound by any maintenance obligations toward the User.
The User agrees not to hinder the maintenance operations of the Application and to follow any official recommendations from ARY participating in these operations.
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## ARTICLE 10: Help Service for Using the Application
If the User needs support or information regarding the Application or its Services, they have access to a tutorial available at any time at the bottom of the Application’s homepage.
They can use a help section available within the Application. The help section requires a web browser. The use of the chatbot allows the User to communicate with a virtual assistant if they have questions related to the Application.
In case of persistent difficulty or an Incident on the Application, the User can contact ARY via the contact form.
ARY assumes no responsibility toward the User regarding the provision of support services and the chatbot service possibly available in the Application. It is not bound by any guarantee of availability or quality of support toward the User, except for specific conditions previously validated with a Client.
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## ARTICLE 11: Intellectual Property of the Application
### 11.1 Intellectual Property Rights
Subject to strict compliance with these General Terms, ARY grants the User a personal, non-commercial, non-exclusive, non-transferable, non-sub-licensable, revocable, and limited license to download, view, display, and use the Application and its content solely for the intended and authorized use under these Terms.
These General Terms do not constitute a transfer of any intellectual property rights on elements owned by ARY to the User.
The content of the Application, its general structure, and the brands, designs, models, images (animated or not), texts, photographs, logos, graphics, software, search engines, databases, sounds, videos, domain names, design, know-how of ARY, and all other elements comprising the Application or any other information contained therein, without limitation, are the exclusive property of ARY or potentially its partners who have granted a usage right to ARY, and are protected by intellectual property laws recognized in force. This applies to Elements provided natively by ARY for testing purposes of the Application.
The development of the Application and its codes is fully the intellectual property of ARY or third parties from whom ARY has obtained a license.
Any reproduction and/or representation, in whole or in part, of any of these elements, without ARY’s express permission, is prohibited and would constitute, among other things but not limited to, an infringement sanctioned by the provisions of the Intellectual Property Code.
As a result, the User is prohibited from any action or act that could directly or indirectly infringe upon ARY’s or a third party’s intellectual property rights in relation to the Services.
This article will survive the termination of these Terms, regardless of the reason or motive.
ARY reserves the right to seek damages in case of infringement of its intellectual property rights.
### 11.2 Restrictions on Use Regarding Intellectual Property
Unless expressly agreed in writing by ARY, the User is prohibited, directly or indirectly, from:
– Correcting any potential errors present in the Services or the Application to make them conform to their purpose, ARY reserving this right exclusively under Article L. 122-6-1-I of the Intellectual Property Code;
– Making the Services or Application available to third parties;
– Decompiling, disassembling the Application, performing reverse engineering, or attempting to discover or reconstruct the source code, underlying ideas, algorithms, file formats, or programming interfaces of the Application, except to the extent permitted by Article L. 122-6-1 of the Intellectual Property Code, by any means whatsoever;
– Using the Application to make it interoperable with third-party software or software developed by the User;
– Integrating or associating the Application with other software or documents, or creating composite or derivative works using all or part of the Application and/or Services;
– Using the Application in any way other than as permitted under these General Terms.
### 11.3 User’s Intellectual Property Rights and Warranty of Eviction
When the User inserts their own Data and content into the Application, the User remains the owner of the digitized content and the Items they create using the Application. In other words, the User becomes the owner of the intellectual property rights on the Item created with the Application, provided the User actually holds the intellectual property rights to the source files used to create the said Item.
However, by making any content and Item available via the Application and Services, the User grants ARY a non-exclusive, transferable, sublicensable, worldwide, royalty-free license, for the duration of these Terms, to use, copy, modify, create, publicly display, perform, sell, promote, and distribute such content and Items to other Users. By accepting these General Terms, the User allows ARY to freely benefit from the above rights, including but not limited to:
– The right to reproduce the User’s content and Items by any means and in any form;
– The right to publicly or privately distribute or make available the User’s content and Items, for payment or free, in any location, by any means or method known or unknown today;
– The right to use the User’s content for demonstration, promotion, and advertising purposes for all ARY Services.
The User is solely responsible for any content and Items they publish, digitize, and distribute through the Application. In this context, the User confirms that they own all content and Items or have all necessary rights to grant ARY the licensing rights for these contents and Items according to these General Terms. The User guarantees that they will not upload into the Application and its Services any sequence, reproduction, or reminiscence that may violate third-party rights. The User also guarantees that no legal disputes are pending or about to be initiated involving third-party intellectual property rights.
Moreover, the User guarantees ARY against any third-party claims or judgments resulting from non-compliance with this article.
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## ARTICLE 12: Protection of Personal Data
Each party guarantees the other party’s compliance with the legal and regulatory obligations concerning the protection of personal data.
### 12.1 Concerning Processing by ARY
In the context of operating the Application, as a processor, ARY collects and processes personal data related to Use on behalf of and under the direction of the User.
The User’s data collected by ARY are:
– Name and surname;
– Size;
– Email address;
– Login and activity logs.
If the User purchases paid Services, their payment details may be collected by an ARY specialized subcontractor (payment provider) under the conditions outlined in ARY’s terms and conditions of sale.
This data is strictly necessary for the proper management of the Application and Services and is processed in accordance with applicable laws and regulations, particularly Regulation (EU) 2016/679 on the Protection of Personal Data (the “GDPR”). As a processor, ARY is committed to complying with all provisions of Article 28 of the GDPR.
A tracking of the processing may be kept to ensure the proper follow-up of the User’s activity. The User may request the rectification or deletion of their personal data at any time. To do so, the User simply needs to follow the steps outlined in Article 7.
The personal data collected by ARY is stored for a period of time strictly necessary to provide the Services to the User and/or for as long as required by applicable law. Any User’s data may be archived to comply with legal obligations for a period beyond the duration of the provision of Services.
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## ARTICLE 13: Miscellaneous Provisions
These General Terms express the entire agreement between the parties and supersede all prior oral or written agreements, correspondence, or statements regarding the subject matter of these terms. If any provision of these General Terms is found to be invalid, illegal, or unenforceable, the other provisions will remain in full force and effect.
ARY may amend these General Terms at any time. Any modifications will be immediately applicable to the User upon their publication. If the User does not agree with the modifications, they can terminate these General Terms in accordance with the provisions outlined in Article 7.
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## ARTICLE 14: Applicable Law and Dispute Resolution
These General Terms are governed by French law. Any dispute arising from the interpretation or performance of these terms shall be subject to the exclusive jurisdiction of the French courts, unless the User resides in a European Union Member State, in which case they may invoke their national courts for dispute resolution.
ARTICLE 15: Applicable Law
These General Terms and any associated Specific Terms are exclusively governed by French law. In the event of a translation of the General Terms into another language, only the French version will prevail in case of difficulty in interpreting any clause of the translated General Terms.
In case of a dispute between the parties, for any reason, regarding these General Terms and any potential specific conditions, the parties will endeavor to find an amicable solution.
If an amicable resolution is not reached, the dispute shall be submitted to the exclusive jurisdiction of the Paris courts, even in the event of a third-party claim or multiple defendants, including for emergency proceedings or interim measures, whether in summary proceedings or by petition.