CGU-ARY

Terms and Conditions of Use for the ARY Let’s share Application
Legal Notice for the ARY Let’s share Application

Publisher of the Application: SAS ARY

Phone Number (France): 0676925529

Contact Email: support@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 ARY 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 capability to scan and digitize 2D or 3D elements and/or objects, allowing users to stage them in real environments, whether indoors or outdoors.
The ARY 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 ARY 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 ARY 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 ARY 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 General Terms, whether used in the singular or plural according to the context of their use, shall have the following meanings:

Application: Refers to the ARY Let’s share augmented reality application established and published by the company ARY, downloadable by the User from Google (Android) and Apple stores. This Application implements technology allowing the display of a fixed or animated virtual image (“the Element”) by superimposing it onto a real physical object or environment using a mobile phone or tablet. The Application is provided to the User by ARY in the form of a license. The Application includes the technical and software infrastructure (including the search engine) as well as its content, including texts, sounds, static or animated images, videos, databases, logos, hyperlinks, structure and layout, tabs, and navigation menu, etc.

Library(ies): 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 ARY (Elements offered for free and for testing purposes), by the Client, or by the User themselves. In any case, Elements proposed by the Client or by ARY will be clearly identified in the respective Library(ies).

Chat: Refers to the messaging system integrated into the Application that allows Users to exchange messages. This Chat is used under the exclusive editorial responsibility of each User, without verification or moderation of content by ARY.

Client: Refers to the professional User who has previously subscribed to a separate contract with ARY. This contract may include providing a list of specific Elements to certain Users, especially for commercial purposes. In this case, the Client will be the administrator of the communicated Elements.

Account: Refers to all data (including personal data) related to the User, including their credentials (email address and password required to access the Application), the list of accessible Services, any granted authorizations, and the User’s login and activity data on the Application. Only one Account can be opened per User.

General Terms: Refers to this document governing the rights and obligations of the parties.

Data: Refers to the information (including Personal Data) of which the User is the owner and/or responsible, 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 content digitized in 3D by the User, the Client, or ARY via the Application, then integrated into a Library of the Application. In any case, Elements proposed by the Client or by ARY will be clearly identified in the respective Library(ies). EACH ELEMENT DIGITIZED BY THE USER IS DONE UNDER THEIR FULL AND ENTIRE RESPONSIBILITY. In this scenario, ARY’s responsibility cannot be sought, as ARY only acts as the editor and technical operator of the Application.

Hosting: Refers to the subcontractor hosting the Data stored within the Application. In this case, the company providing the Hosting of the Application is Microsoft AZURE.

Incident: Refers to any anomaly encountered by the User in their normal use of the Services.

QR Code: Refers to the 2D barcode available via the Application allowing the redirection of content between Users. Specifically, the purpose of the QR Code is to share virtual scenes and/or Elements between different Users via the Application: a second User can join the Scene created by the first User to integrate their own Elements. Additionally, the Application can also allow the creation of a QR Code. In this case, the User prints this QR code using their own means (personal printer), and this same QR code can then be reused to associate elements (objects/videos, etc.) in a video or Scene made available to other users.

Each User will be able to publish a separate post on their Account from this common Scene. It is reminded that the use of the QR Code requires the User to have a separate application enabling the reading and scanning of QR Codes.

Service(s): Refers to the available and selectable service(s) offered by the User through the Application. The content of each Service is detailed on the Application. A Service can be paid or free. If it is a paid Service, it will additionally 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 subscribed to by the Client with ARY.

Scene(s): Refers to photographic or video content created with the Application and integrating one or more Elements.

User: Refers to any adult who has downloaded the Application and subscribed to ARY’s Services by validating these General Terms. The User can be an individual or a professional within the meaning of French law. The User also includes the Client, as long as the Client uses the Application.

ARTICLE 2: Purpose/Description of 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 to:

Create their own Libraries of Elements and Scenes, with the understanding that the creation of Libraries of Elements or Scenes via the Application is done under the full and entire responsibility of the User who created those Libraries.
Create Scenes with virtual Elements transposed into a real environment, with the understanding that the creation of Scenes via the Application is done under the full and entire responsibility of the User.
Easily transform an Element into a 3D Object using a scanning tool.
In this regard, this Application offers the User the following functionalities, all visible from the home page of the Application:

Access to a scanning feature for Elements. It is specified that for proper scanning conditions, each Element must be placed on a white surface beforehand; moreover, the User must rotate slowly around the Element during the capture of the Scene for optimal rendering.

Access to a feature for creating Scenes or photos.

Access to a search tab.

Access to different Libraries of Elements, allowing visualization at different scales (1:1 scale indicates that the Element is in real size):

Elements offered natively by ARY on the Application. These Elements are provided 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 allowing the publication of 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 feature allowing the sharing of an Element or a Scene with another User. For the latter, a second User can join, using a QR Code, the Scene created by the first User to integrate their own Elements in real-time. Each User can publish a separate post on their Account from this common Scene.
Access to a help section for using the Application (with FAQs and technical documentation). This section also includes a contact form.

Access to a page for configuring their Account by completing various fields (first name/last name, User pseudonym, height, date of birth, email address, password, and, if purchasing paid Services, banking details).

Furthermore, the Services offered by the Application are subject to evolve, which the User expressly acknowledges by accepting these terms. In this context, the User admits that new functionalities may appear within the Application, and some may be removed.

Moreover, the User freely manages their setup, configuration, or operation data of Scenes and Elements based on criteria that are specific to them and subject to the respect of third-party rights as well as the rights and obligations stipulated in these General Terms. Thus, each action or result presented via the Application is generated solely based on the User’s choices in using the Services without any control from ARY.

Therefore, ARY cannot be held responsible in any way for the use of the Services on the Application or their suitability for the User’s intended purpose, and, in general, for the User’s use of the Application and the associated Services.

2.2 Availability of Services

It is clarified that all Services are offered on the Application subject to their availability. The presentation of Services on the Application at a given moment does not imply and does not guarantee that these Services will be available at all times. ARY reserves the right to interrupt the distribution or commercialization of any Service at any time.

Regarding specifically paid Services: Paid Services will be governed by specific terms and conditions of sale that must be validated by the User (in case of payment via the Application).
ARTICLE 3: Acceptance and Scope of the General Terms

These General Terms aim to define the terms and conditions under which the User is authorized to use the Application once downloaded, as well as the access and operation modalities of the Services offered on the Application. They prevail over any other document that may have been communicated between the Parties. The User acknowledges herein that the Services offered by ARY via the Application are intended to evolve and be modified.

These General Terms apply without restriction or reservation for any use or download of the Application. Access and use of the Application therefore imply full acceptance of these General Terms by checking the box “I acknowledge that I have read and accepted the General Terms of Use.”

Acceptance of these General Terms in the form of a “checkbox” at the time of downloading the Application and/or creating the Account and/or placing the order constitutes proof that the User has taken note of these provisions and accepts them.

Every user of the Application acknowledges that they are fully informed and bound by all the provisions of these General Terms. These are freely accessible on the Application on the Account.

Any condition or clause contrary to the General Terms opposed by the User will, in the absence of express and written acceptance by ARY, be unenforceable against the latter. ARY reserves the right, at its sole discretion, at any time and without notice, to modify the Application, the Services, or to modify these General Terms.

It is specified that the applicable General Terms are those in force during the use of the Application. Therefore, in case of modification, the General Terms in force on the day of placing the order or creating the Account will apply.

Furthermore, ARY reminds Users that they must have a functioning email address. In the absence of a valid email address, ARY will be unable to fulfill its obligations and cannot in any case be held responsible for this non-performance. Specifically, it will be unable to respond to any requests made via the contact form and will be unable to process any orders for Services or the creation of an Account.

Similarly, these General Terms are only available in French and English and apply to any used and/or ordered Service.

Any use of the Application by the User after any modifications to the General Terms constitutes acceptance by the User of the new General Terms. The General Terms available online on the Application prevail over any printed version with an earlier date. The User can renounce the use of the Application at any time but will remain responsible for any prior use.

Finally, the fact that ARY does not invoke a provision of these General Terms at a given time cannot be interpreted as a waiver to assert this same provision later. 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

After being downloaded from a mobile application store (Google Play or App Store), the Application is accessible to the adult User via the internet from a mobile device with an up-to-date internet browser. It is specified that the User commits, during the download, to comply with the general conditions of said mobile application stores. The download, access, and use of the Application are free.

Ordering a Service on the store or the Application may incur charges; in this case, it will be conditioned upon the validation of a separate document, namely the ARY general terms of sale. It is specified that any use of the Services of the Application is subject to registration and the prior creation of an Account (with email address and password) and the acceptance of these General Terms, the purpose of which is to inform Users about the nature of their commitments.

4.2 Availability of the Application

The ARY Let’s share Application is accessible 24/7. Due to the nature and complexity of the internet network, especially its technical performance and response times for consulting, querying, or transferring information, ARY implements all reasonable means at its disposal, in accordance with industry standards, to allow access and use of the Application and the offered Services but is not obliged to achieve this. Therefore, given the uncertainties related to the nature of the internet network and the multitude of third-party technical actors (technical operators, access providers, applications enabling the implementation of QR Codes, etc.), ARY does not guarantee that the Application and the Services function without interruption and that the servers providing access and/or the third-party sites for which hypertext links appear do not contain viruses.
ARY will be relieved of any responsibility in case of inability to access the Application and Services due to force majeure, within the meaning of Article 1218 of the French Civil Code, or due to an event beyond its control (including issues with User equipment, technical glitches, disruptions on the Internet network, etc.).

ARY reserves the right, without notice or compensation, to close or temporarily restrict the Application and access to one or more included Services, particularly for maintenance operations, updates, modifications, or restriction of the Application’s accessibility hours, without this list being exhaustive.

In the case of temporary or prolonged unavailability of the Application, especially in the event of “bugs,” ARY cannot be held responsible for damages incurred, other than those directly resulting from the non-performance of its obligations listed herein.

4.3 Technical Requirements to Use the Application and Benefit from Services

ARY cannot be held responsible for the proper functioning of the User’s computer equipment and internet access. For optimal operation of the Application, ARY recommends that each User use computer equipment with the following minimum configuration:

Chrome – Version 85.0 and later (access via browser for the help page)
Apple Safari – Version 14.0 and later (access via browser for the help page)
iOS – Minimum iOS 17.0
Android – Minimum Android 11.0
Furthermore, for optimal operation of the application, the User must ensure that they have the following equipment:

Internet connection with sufficient speed
Computer equipment (smartphone or tablet) with sufficient technical capabilities to support the use of the Application.
In addition, the supported formats in the Application are:

For videos: Mp4/mov
For photos: Heic, jpeg
For objects: Glb, Obj, fbx, Animated 4ds Objects
It is finally specified that devices equipped with Lidar (laser-based remote sensing technology) provide an optimized user experience.

THE USER ACKNOWLEDGES THAT ACCESS AND USE OF THE APPLICATION AND ASSOCIATED SERVICES MAY BE COMPLICATED AND/OR MADE IMPOSSIBLE DUE TO THE ABSENCE OF THESE TECHNICAL REQUIREMENTS.

The User acknowledges having verified that the computer configuration at their disposal is adequate, contains no viruses, and is in good working order. The equipment (tablet, mobile phone, software, means of telecommunications, etc.) allowing access to the Application is the exclusive responsibility of the User, as are the communication costs incurred by their use.

ARY reserves the right to supplement or modify the Application and the Services available therein at any time based on technological advancements. It is the User’s responsibility to ensure the potential evolution of their computer and transmission means so that these means can adapt to changes in the Application and/or Services.

Given the points outlined in this article, the User acknowledges that ARY’s obligation regarding the availability of the Application constitutes a simple obligation of means.
4.4 Compliance with General Usage Rules – User Obligations

The User can benefit from the features offered by the Application as long as they adhere to the technical prerequisites outlined in Article 4.3 above. In general, the User shall refrain, in the use of the Application and all its functionalities (library, chatbot, etc.), from engaging in any acts that would be contrary to the law, violate public order, or infringe upon the rights of ARY or third parties.

In particular, without limitation, the User undertakes, in the use of the Application, to comply with the following rules:

Provide accurate and truthful information to ARY. In case of changes to the provided information, the User agrees to modify the data recorded 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 General Conditions. Specifically, the User agrees not to infringe in any way on the right to privacy and the right to the image of other Users or any third party. IT IS REMINDED THAT THE SCANNING AND USE OF SCANNED ELEMENTS IN THE APPLICATION ARE UNDER THE FULL AND ENTIRE RESPONSIBILITY OF THE USER. ALL ELEMENTS PRESENT IN THE APPLICATION (WHETHER PROVIDED BY ARY, THE CLIENT, OR ANOTHER USER) MUST BE USED IN ACCORDANCE WITH APPLICABLE REGULATIONS AND MUST NOT INFRINGE UPON THE RIGHTS OF OTHERS, MORALITY, AND PUBLIC ORDER.
Use the Application and Services fairly, in accordance with their purposes and in accordance with legal and regulatory provisions and current practices. In particular, Users are expressly prohibited from submitting content that could constitute an offense under the law of July 29, 1881, as amended, on freedom of the press via the Application’s Chat.
Not enter without authorization, nor attempt in any way to obtain or have access to any property or place where the User would not have the right or permission to be.
Respect the intellectual property rights relating to the content provided by ARY, as well as the intellectual property rights of other Users or third parties, such as the creator of the Application and any technical intermediaries used in the context of the Services. Therefore, the User undertakes not to reproduce and/or communicate to the public, through the Application, one or more contents without the authorization of the rights holders relating to these contents, when required.
Not misuse or attempt to misuse any of the functionalities of the Application outside its normal use as defined in these General Conditions.
Not download, send, broadcast, or transmit any content that could constitute false statements, interfere with the authority of justice, or contain confidential information.
Not overload the Application in any way.
Not retrieve information contained on the Application massively and without prior authorization.
Not use, to browse the Application, a robot software or any other equivalent automated process or tool (formal prohibition of scraping or similar techniques).
Not use the Services, or any part thereof, for commercial purposes or in a manner not authorized by these General Conditions or by third parties, including, but not limited to, (a) collecting Elements from other Users or resources of the Application for resale outside of the Application, or (b) selling, reselling, or renting the Application or a User Account.
Not disseminate data, information, or content that would have the effect of diminishing, disorganizing, or preventing the normal use of the Application.
Not perform advertising actions without the prior and explicit agreement of ARY.
In case of breach by a User of one or more of these rules, ARY reserves the right to unilaterally suspend and/or terminate these General Conditions and any associated contracts or specific conditions and/or block orders, Services, and/or the concerned User, and/or block their access to all or part of the Application, without any compensation, as provided in these General Conditions.

It is also reminded that articles 323-1 and following of the French Penal Code sanction with penalties of up to five (5) years imprisonment and a fine of 150,000 euros, in particular:

Unauthorized access and fraudulent maintenance in an automated data processing system.
Acts to obstruct this system.
Deletion, modification, or fraudulent addition of data in this system.
ARTICLE 5: Account Creation on the Application / Unsubscribing
5.1 Registration To access the services offered on the Application, the User must have previously downloaded it from the app stores and accepted the associated General Conditions. Subsequently, the User must provide a set of information during the account creation process. The User enters a username, a password that meets the specified characteristics, their date of birth, and height. All this information is mandatory. A validation code is automatically sent to the corresponding email, which 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 an email containing a code arrives in their mailbox only if the email is known; otherwise, there is no indication to the User. Once on the Application, the User can indicate and modify their gender (M/F – not defined) at their first login. Upon their first connection, the User is invited to read and accept these General Terms and Conditions. During and after registration on the Application, the User agrees to:

Provide ARY with real, accurate, up-to-date, and complete information.
Regularly maintain and update registration data to keep it real, accurate, up-to-date, and complete.
Report to ARY, through any means, any errors or irregular registration information as soon as they become aware, especially after the confirmation of account creation via email.
If the provided information is found to be false, inaccurate, outdated, or incomplete, ARY has the right to close the account and immediately deny access to all or part of the Service for the future. ARY reserves the right to cancel the registration in case of default and/or inaccuracy of any necessary information and cannot be held responsible for the impossibility in which it might be to honor the registration in this case.

When the User continues to use the Application and Services after the registration process, they declare irrevocably accepting with full knowledge:

The registration made on the Application.
The entirety of the General Conditions applicable to this registration, fully and without reservation.
ARY reserves the right to cancel any registration of a User with whom there is a dispute regarding the use of the Application, a Service, or a previous registration.

5.2 Management of Identifiers and Passwords The User undertakes to take all useful measures to maintain the confidentiality of access to the Application. The User must ensure the security and confidentiality of the personal identifiers associated with their Account. In this regard, they acknowledge being informed and fully accept that their liability may be incurred for any damage resulting from 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 notify ARY and promptly change their access password. The costs resulting from this unauthorized use will be borne by the User. ARY will not be responsible for any material or immaterial damage 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 this, through the Account, the User can use the “account deletion” feature and confirm through a confirmation request. Subsequently, the Application closes. The data associated with the User will be deleted (publications/Library). Conversation data will be retained as long as the third party has not deleted their Account. The username will be renamed “Account Deleted + increment” and will appear in this form in the conversation. The User acknowledges that unsubscribing from the Application results in the deletion of all their Data and content on the Application, except for Data that must be kept in accordance with a legal retention obligation or for probative purposes, and except for Elements that have been shared by the User with another User in the Application’s Chat. Indeed, when unsubscribing, the Elements will be deleted from the User’s Account, but they will remain visible to other Users in their chat histories as long as they were knowingly shared by the User with other Users before the Account closure date. In case of difficulty regarding the deletion of Element(s) at the time of Account closure, the User can contact ARY under the conditions provided in Article 12 herein to determine a specific strategy only in the event that these Elements could infringe on i) intellectual or industrial property rights and/or ii) the right to personal data.

However, unsubscribing from the Application will not cancel or suspend the payment of sums due to ARY for services subscribed to by the User in the context of their relations with ARY (ordering of Services).
5.4 Deletion of Inactive Accounts The User is duly informed that ARY reserves the right to delete inactive accounts without the User being able to contest this possibility in any way. It is specified that an account is considered inactive when it has not been used for a total and successive period of twelve (12) months (absence of login). In any case, in such a hypothesis, the User will be notified by ARY one (1) month before said account deletion.

ARTICLE 6: Warning Regarding the Use of the Application, Scanning of Elements, and Content Sharing

6.1 Use of the Application and Scanning of Elements The User is solely responsible for the choices related to the use and possible settings of the Application’s features and their suitability for their needs, so ARY’s liability cannot be sought at any time in this regard. Specifically, it is emphasized that the scanning and use of scanned Elements in the Application are done under the full and entire responsibility of the User. The User must obtain all necessary rights and authorizations before scanning an Element into the Application, as ARY performs no prior control in this regard. The intellectual or industrial property rights of the Elements integrated into the Application will be deemed to be perfectly respected by the User. It is strictly forbidden to:

Integrate or share in the Application Elements containing personal data of third parties without their express and prior consent.
Infringe on the privacy of third parties, including other Users, via the Application.
Capture the image or voice of third parties without their express and prior consent, and introduce or share this capture via the Application. It is reminded that, in principle, permission must be obtained to use a person’s image (as well as their voice and name) if they are identifiable (by their features but also by the context, setting, tattoo, etc.). This authorization must be specific (duration, territory, modalities, etc.) to ensure that the person has given consent to all uses that will be made of the image. It is recalled that infringement of the right to the image can result in civil and criminal sanctions. The victim of such infringement can claim damages, but also become a civil party in criminal proceedings. The author of such a violation will incur fines and imprisonment (Art. 226-1 et seq. of the Penal Code). Likewise, all Elements present in the Application (whether provided by ARY, the Client, or Users) must be used for purposes in accordance with current regulations and must not infringe on the rights of others, good morals, and public order. Offensive or explicit content or Elements (nudity, pornography, hateful content, etc.) must be reported by any User to ARY, by any means, and may lead to the closure of the relevant Account by ARY, without compensation or notice. Furthermore, it is reminded that the use of Services and the Application is strictly personal and cannot be rented, given, or sold to a third party.
Finally, as mentioned earlier, in the event of the purchase of paid Services via the Application, the User must first accept separate general terms of sale from these General Terms of Use.

6.2 Sharing of Content or Elements Generated via the Application on Other Platforms or Social Networks The Application natively offers a feature to share Elements generated on other platforms or social networks as provided by the User’s device. The sharing function is done under the full and entire responsibility of the User. Likewise, this sharing must be done:

In accordance with the rights and obligations stated in these General Terms and Conditions.
In accordance with the rules stated in the general terms and conditions, codes of conduct, or charters of the concerned platforms and social networks.
ARTICLE 7: Duration and Termination These General Terms and Conditions are concluded for an indefinite period from their acceptance by the User and as long as the Application is made available by ARY, which reserves the right to delete access to the Application at any time with a three (3) months’ notice, unless contrary specific conditions are subscribed to with a Client. The User also has the option to delete their Account at any time. To do this, they can either:

Use the “delete my account” option in the Account settings.
Contact ARY’s IT service via the following email address: support@ary.eu After this process, the User agrees to lose all their Account Data and renounces any access to the Application and Services after the deletion is validated. A confirmation message of the Account deletion will then be sent to the User via email. Termination in case of User breach of these General Terms and Conditions or fraudulent use of the Application and/or Services These may be terminated by ARY at any time and automatically, without formalities or notice, due to fraudulent or unlawful use by the User of the Application and/or Services or in case of non-compliance with these General Terms and Conditions, without prejudice to any damages that may be claimed by ARY due to these actions. The User will be informed of this termination by sending a registered letter with acknowledgment of receipt notifying them of the termination of the Contract and the closure of their Account. The User cannot claim any compensation for this termination.
ARTICLE 8: Liability

8.1 Limitation of ARY’s Liability for Services and the Application ARY assumes no liability towards the User in the provision of Services and is exempt from any obligation except those of public order that are imperative upon it, which the User expressly acknowledges and accepts. THE USER ACKNOWLEDGES AND ALSO 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 use of the Services, including the Elements scanned by the User in the Application. The content and data transmitted, as well as their effects and implications, remain entirely the responsibility of the User, in accordance with the provisions of Article 6. Furthermore, it is reminded that the User must take all appropriate measures to protect their own computer systems from unauthorized intrusions, acts of destruction or alteration, and possible contamination by viruses, Trojans, or other systems causing security vulnerabilities on the Internet.

8.2 Exclusion of ARY’s Liability under Applicable Regulations The User undertakes to ensure compliance with regulations, including, but not limited to, tax, social, administrative, and civil regulations that may apply to them as users of the Services. ARY’s liability cannot be incurred due to the User’s non-compliance with applicable regulations.

8.3 General Exclusion of ARY’s Liability More generally, and unless expressly stated otherwise, in no event shall ARY or its officers, employees, or agents be liable to the User for any direct or indirect damage resulting from the use of the Application and the Services offered therein, or any content of the Application (including Elements), accessible or downloaded from the Application, even if ARY is aware or has been informed of the possibility of such damages. Moreover, ARY does not guarantee the User that:

The Services, subject to constant improvement in terms of performance and progress, will be entirely free of errors, defects, or faults.
The Services, being standard and not offered solely for the User’s individual constraints, will specifically meet their needs and expectations. ARY also disclaims any responsibility for the potential loss of information accessible on Users’ Accounts. Users must ensure they backup any information they deem necessary and cannot claim any compensation for this. Finally, it is reminded that the purchase of paid Services on the Application is subject to specific operating rules described in separate general terms of sale. The User therefore agrees to refer to these rules when purchasing a paid Service.
ARTICLE 9: Application Maintenance ARY reserves the exclusive right to make corrections to the Application so that it functions in accordance with its purpose, which the User expressly acknowledges. ARY chooses the most appropriate means to correct malfunctions in the Application. As far as possible, ARY will inform the User in advance of any interruption to the Application via the use of a popup (a small message displayed when the Application is opened). ARY is not bound by any warranty regarding the availability, maintenance, or accessibility of the Application for the User. It is also not bound by any maintenance obligation towards the User. The User undertakes never to hinder the maintenance operations of the Application and to follow any official recommendations from ARY participating in the execution of these operations.

ARTICLE 10: Application Use Support Service If the User needs support or information regarding the Application or its Services, they have a tutorial accessible at any time at the bottom of the Application’s homepage. They can use a help section present in the Application. The help section requires the use of a web browser. The use of the chatbot allows the User to interact 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 liability towards the User in the provision of the support service and the chatbot service possibly present on the Application. It is not bound by any warranty of availability or support quality towards the User, unless specific conditions have been validated in advance with a Client.
ARTICLE 11: Intellectual Property of the Application

11.1 Intellectual Property Rights Subject to strict compliance with these General Conditions, ARY grants the User a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to download, view, display, and use the Application and its content only for the intended and authorized use under these conditions. These General Conditions do not imply any transfer of any kind of intellectual property rights owned by ARY to the User’s benefit. The content of the Application, the general structure, as well as the trademarks, designs, models, animated or non-animated images, texts, photographs, logos, graphic charters, software and programs, search engines, databases, sounds, videos, domain names, design, know-how of ARY, and all other elements composing the Application or any other information contained therein, without this list being exhaustive, are the exclusive property of ARY or possibly partners who have granted it a right of use and are protected by intellectual property rights recognized under the applicable laws. This includes the Elements provided by ARY natively for testing the Application. The development of the Application and its codes is entirely the intellectual property of ARY or third parties from whom ARY has obtained a user license. Any reproduction and/or representation, in whole or in part, of any of these elements without the express permission of ARY is prohibited and would constitute, in particular but not exclusively, infringement sanctioned by the provisions of the Intellectual Property Code. Consequently, the User refrains from any action or act that could directly or indirectly infringe on the intellectual property rights of ARY or a third party under the Services. This article will survive the termination of these conditions, whatever the reason or motive. ARY reserves the right to claim damages in the event of an infringement of its intellectual property rights.

11.2 Limitations on Use under Intellectual Property Unless expressly, prior, and written agreement from ARY, the User undertakes, directly or indirectly:

To proceed alone or with the help of a third-party service provider to correct any errors in the Services or on the Application to make them compliant with their purpose. ARY reserves the sole right to exercise this right in accordance with Article L. 122-6-1-I of the Intellectual Property Code.
Not to make the Services or the Application offered by ARY available to third parties.
Not to decompile, disassemble the Application subject to the Services, engage in reverse engineering, or attempt to discover or reconstruct the source code, the ideas underlying it, algorithms, file formats, or interfaces of the Application in any way.
Not to use the Application to make it interoperable with third-party software or developed by the User.
Not to integrate or associate the Application with other software or documents or create composite or derivative works with the help of all or part of the Application and/or Services.
Not to use the Application under conditions other than those permitted under these General Conditions.
11.3 Intellectual Property Right of the User and Warranty of Eviction As soon as the User inserts their own Data and content into the Application, the User remains the owner of the scanned content and the Elements created from the Application. In other words, the User becomes the owner of the intellectual property rights to the Element created using the Application, provided that the User actually holds the intellectual property rights to the source files used to create said Element. However, by making any content and Element available through the Application and Services, the User grants ARY a non-exclusive, transferable, sublicensable, worldwide, royalty-free license for the duration of these conditions to use, copy, modify, create, publicly display, perform, sell, promote, and distribute such User content and Element to other Users. By accepting these General Conditions, 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 Elements by any means and in any form.
The right to publicly or privately broadcast or make available the User’s content and Elements, whether for payment or for free, anywhere by any known or unknown means or process to date.
The right to use User content for demonstration, promotion, and advertising for all ARY Services. The User is solely responsible for any content and Element they publish, digitize, and distribute via the Application. In this context, the User confirms ownership of any content or Element or having all necessary rights to grant ARY licensing rights to such content and Elements in accordance with these General Conditions. The User hereby guarantees ARY that they will not introduce any sequence, reproduction, or reminiscence into the Application and its Services that may violate the rights of third parties. The User also guarantees that there are no ongoing or imminent disputes involving the intellectual property rights of third parties. Furthermore, the User guarantees ARY against any claims by third parties as well as any convictions that may be imposed on them arising from the violation of this article.
ARTICLE 12: Protection of Personal Data Each Party guarantees the other party compliance with the legal and regulatory obligations incumbent upon them regarding the protection of personal data.

12.1 Regarding the Processing by ARY In the course of operating the Application, as a subcontractor, ARY collects and processes personal data relating to the User, on behalf and under the direction of the User. The User’s data collected by ARY includes:

Name and surname
Height
Email address
Connection and activity logs In case of purchase of paid Services, the User’s banking data may be collected by a specialized subcontractor of ARY (a payment provider), under the conditions listed in the ARY general terms of sale.
These data are strictly necessary for the proper management of the Application and Services and are processed in accordance with applicable laws and regulations, including Regulation (EU) 2016/679 on the Protection of Personal Data (the “GDPR”). As a subcontractor, ARY has committed to respecting all the provisions of Article 28 of the GDPR.
A tracking system of the User’s activities on the Application is also implemented, with the retention of connection and usage data, solely for the purpose of securing all uses on the Application. This tracking tool and the data it contains are made available to the User, in their capacity as the data controller, always for the purpose of ensuring the security of the use of the Application and Services.

In accordance with applicable laws and regulations, personal data is securely recorded by ARY and processed only within its dedicated and duly authorized internal services. Account data is kept for the entire duration of the Account’s existence, and connection and activity tracking data (logs and cookies) are retained for a maximum of 13 months.
12.2 User’s Rights and Responsibilities

In the event of the User’s Account being terminated for any reason, they will be informed via email about the deletion of their information by ARY. It is clarified that upon unsubscribing, the Elements will be deleted from the User’s Account, but they will remain visible to other Users in their chat histories if consciously shared by the User before the Account closure date. If there are difficulties regarding the deletion of Element(s) at the time of Account closure, the User can contact ARY to determine a specific strategy only in cases where these Elements might infringe on i) intellectual or industrial property rights and/or ii) personal data rights.

In accordance with Chapter III of the GDPR, it is reminded that the User has Information and Freedom Rights (access, rectification, erasure, objection, etc.) regarding their Data and can exercise them at any time and free of charge at the address: support@ary.eu.com
ARY undertakes to use all means at its disposal to ensure the security and confidentiality of the personal data entrusted to it by the User.

Finally, it is emphasized that the Application does not collect sensitive data. The Application processes only the data necessary for its operation in connection with the User, as well as technical data. If the User integrates sensitive data into the Application, they do so under their full responsibility.

12.3 User’s Data Processing Responsibilities

In the context of using the Application and/or Services, the User may need to implement personal data processing, especially in the case of creating an Element. In this regard, and if applicable, the User undertakes to comply with laws, regulations, and any other obligations related to the processing of personal data, especially those provided for in Regulation (EU) 2016/679 on the Protection of Personal Data, which apply to them. The implementation or participation in the implementation of data processing by the User must systematically comply with the provisions of this Regulation.

This implies, among other things, that during the use of the Services and the Application, the User processes personal data in a way that ensures its confidentiality, integrity, and availability. The User also agrees to access nominative information and documents only under strict conditions: they must be their own, expressly authorized, or public/shared within the Application.

ARY DISCLAIMS ANY RESPONSIBILITY FOR THE IMPLEMENTATION OF PERSONAL DATA PROCESSING BY THE USER IN THE USE OF THE APPLICATION AND SERVICES OFFERED VIA THE APPLICATION.

ARTICLE 13: Nullity and Partial Invalidity

In the event that any provision of the General Conditions is declared null or without object, especially due to a change in legislation, regulation, or a court decision, the validity of these General Conditions would not be affected, unless it has a substantial character. The Parties will replace, by amendment, the null provisions with new legally valid provisions as close as possible to the legal and economic sense and purpose envisioned.

ARTICLE 14: Advertising

ARY reserves the right to insert, on the Application and in any communication to Users, any advertising or promotional messages in a form and under conditions that it alone shall judge.

ARTICLE 15: Applicable Law

These General Conditions and any associated Specific Conditions are exclusively subject to French law. In case of translation of the General Conditions into another language, only the French version shall prevail in case of difficulty in interpreting a clause of the translated General Conditions. In the event of a dispute between them, for any reason whatsoever, relating to these General Conditions and any specific conditions, the Parties will endeavor to find an amicable solution. In the absence of an amicable resolution, the dispute shall be submitted to the exclusive jurisdiction of the courts of Versailles/Paris, even in the case of third-party proceedings or multiple defendants, even for urgent procedures or conservatory procedures, in summary proceedings or by petition.