Terms of Use of the ViewUP Application

Legal Notice of the ViewUP Application

Publisher of the Application: SAS ARY

Phone Number (France): 0676925529

Contact Email: support@ary.eu

Data Protection Officer of the Application: Mrs. Karen Crevecoeur

Hosting of the Application: The application is hosted by Microsoft Azure, whose headquarters for France are located at the following address: Microsoft France – SAS, 37-39 Quai du Président Roosevelt – 92130 Issy-les-Moulineaux


The simplified joint-stock company ARY, registered with the Versailles Trade and Companies Register under number 913 109 435 (hereinafter “ARY”), specializes in providing solutions for locating virtual objects in real space as well as in the design and production of electronic terminals allowing said location. More particularly, ARY has developed a computer application allowing users to view virtual elements or objects through their smartphones in a real environment by pointing the camera of the smartphone towards a person or an element (hereinafter “the Application”).

The primary purpose of this Application is to democratize access to augmented reality by allowing the user to see, photograph, and share augmented elements using their smartphone.

This Application is based on a set of software components, files, logos, images, and data made available to individual or professional users and is downloadable on Apple (https://www.apple.com/fr/app-store/).

The list and precise description of the services offered by ARY in connection with the Application can be consulted at any time on the Application. All offers and services offered on the Application are hereinafter referred to as the “Services”.

Therefore, these general terms and conditions of use (hereinafter the “General Conditions”) govern the relationship between ARY and any User who has downloaded the Application. They aim to frame the access and terms of use of the Application. They also aim to establish the terms and conditions by which ARY provides Users with the Services described below, as well as to define the rights and obligations of the Parties in this context.

These General Conditions constitute the entire agreement of the Parties and cancel and replace any prior agreement, letter, offer, or other written or oral document having the same subject matter.

They may be supplemented, if necessary, by specific terms of use, which supplement these General Conditions and, in case of contradiction, prevail over the latter.

The User declares to have obtained all necessary information regarding the characteristics, both quantitative and qualitative, of the Services offered via the Application.

ARTICLE 1: Definitions

The terms and expressions beginning with a capital letter in these General Conditions, whether used in the singular or plural according to the context of their use, shall have the following meanings:

Application: Refers to the ViewUP augmented reality Application implemented and edited by the company ARY, downloadable by the User from the Apple store. This Application implements technology allowing the display of a fixed or animated virtual image (“the Element”) by superimposing it on a real physical object or environment using a mobile phone or tablet. The Application is made available to the User by ARY in the form of a user license. The Application includes the technical and software infrastructure as well as its content, including texts, sounds, static or animated images, videos and databases, logos, hyperlinks, structure and layout, tabs and navigation menu, etc.

Library(ies): Refers to the part of the Application allowing the User to access a predetermined list of Elements. These Elements may be saved in the Library either by ARY (Elements offered gratuitously and for testing purposes), by the Client, or by the User themselves. In any case, Elements offered by the Client or by ARY will be clearly identified as such in the relevant Library(ies).

Client: Refers to the professional User who has previously entered into a separate contract with ARY. This contract may notably aim to provide 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: The application is usable without an account.

General Conditions: 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 for which they are responsible, which they enter, provide, transmit, collect, store, and/or process in the course of their use of the Services.

Element: Elements offered by the Client or by ARY will be clearly identified as such in the relevant Library(ies). EACH ELEMENT DIGITIZED BY THE USER IS DONE UNDER THEIR FULL AND ENTIRE RESPONSIBILITY. ARY’s liability cannot be sought in this case, as ARY intervenes solely as the publisher and technical operator of the Application.

Hosting: Refers to the subcontractor company hosting the Data stored within the Application. In the present 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.

Detection: Refers to the image or QR Code that allows redirection to an augmented element with or without sound.

Service(s): Refers to the available and selectable service(s) by the User via the Application. The content of each Service is detailed on the Application. A Service may be paid or free. If it is paid, the Service will additionally require validation of separate general terms of sale from this document. Some Services (including certain features) of the Application may vary depending on the contract subscribed to by the Client from ARY.

User: Refers to any adult who has downloaded the Application. The User can be an individual or a professional within the meaning of French law. The User also includes the Client, provided they use the Application.

ARTICLE 2: Object/Description of Services Offered via the Application

2.1 Object of the Application

The purpose of the Application is to display virtual elements following the detection of a real element, to redirect to a website, and to send an email.

In this regard, this Application offers the User the following functionalities, all visible from the home page of the Application:

The possibility to view a virtual element by pointing the smartphone camera towards a person, a photo, or another element.

The possibility to take photos and videos of the content.

The ability to share photos and videos outside the application.

Possible redirection to a web page.

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

Therefore, ARY cannot be held responsible in any way for the use of the Services available on the Application or for their suitability for the purpose intended by the User, and more generally, for the use the User wishes to make of the Application and the associated Services.

2.2 Availability of Services

Firstly, it is specified 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 and does not guarantee that these Services will be available at all times.

ARY reserves the right to interrupt the dissemination or commercialization of any Service at any time.

Regarding specifically the paid Services: The paid Services will be governed by specific general terms of sale that must be validated by the User (in case of payment via the Application).

ARTICLE 3: Acceptance and Scope of the General Conditions

The purpose of these General 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 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 hereby acknowledges that the Services offered by ARY via the Application are intended to evolve and be modified.

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

The General Conditions can be consulted at any time within the application.

Any user of the Application acknowledges that they are fully informed and bound by all the provisions of these General Conditions.

Any condition or clause contrary to the General Conditions 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 Conditions.

It is specified that the applicable General Conditions are those in force at the time of use of the Application. Therefore, in case of modification, the General Conditions in force at the time of ordering or account creation 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 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 any account creation.

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

Any use of the Application by the User after any modifications to the General Conditions constitutes acceptance by the User of the new General Conditions. The General Conditions available online on the Application prevail over any previously printed version. The User may at any time choose to stop using the Application but will remain responsible for any prior use.

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

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 (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 undertakes, upon download, to comply with the general conditions of said mobile application stores.

Downloading, accessing, and using the Application are free.

Ordering a Service on the store or on the Application may be subject to a fee; in the latter case, it will be conditioned upon the validation of a separate document, namely ARY’s general terms of sale.

4.2 Availability of the Application

The ViewUP Application is accessible 24 hours a day, 7 days a week.

Due to the nature and complexity of the internet network, and in particular, its technical performance and response times for consulting, querying, or transferring information, ARY makes every reasonable effort, in accordance with best practices, to allow access and use of the Application and the Services offered but is not obligated to achieve this. Therefore, given the uncertainties inherent in the internet network and the multitude of third-party technical operators (technical operators, access providers, applications enabling the implementation of QR Codes, etc.), ARY does not guarantee that the Application and the Services operate without interruption and that the servers providing access and/or third-party sites for which hyperlinks appear do not contain viruses.

ARY shall be released from any liability in the event of impossibility of access to the Application and the Services due to a force majeure event, within the meaning of the provisions of Article 1218 of the French Civil Code, or due to an event beyond its control (in particular, problems with the User’s equipment, technical contingencies, disruption to the Internet network, etc.).

ARY reserves the right, without notice or compensation, to close or temporarily restrict the Application as well as access to one or more Services included therein, notably to carry out maintenance operations, updates, modifications, or to restrict the hours of accessibility of the Application, without this list being exhaustive.

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

4.3 Technical Requirements for Using the Application and Benefiting from the Services

Moreover, ARY cannot be held responsible for the proper functioning of the User’s computer equipment or their 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 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

Furthermore, for optimal operation of the application, the User must ensure that they have the following equipment:

An internet connection with sufficient bandwidth

Computer equipment (smartphone or tablet) with sufficient technical capabilities to support the use of the Application.

Additionally, the supported formats in the Application are:

For videos: Mp4/mov;

For photos: Heic, jpeg;

for objects Glb, Obj, fbx, Animated objects 4ds

It is finally specified that devices equipped with Lidar (remote sensing technology using laser beams) provide an optimized user experience.


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

ARY reserves the right to supplement or modify, at any time, the Application and the Services available therein according to technological developments.

It is the User’s responsibility to monitor the evolution of the computer and transmission means at their disposal 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 mere obligation of means.

4.4 Compliance with General Rules of Use – User Obligations

The User is able to take advantage of the functionalities offered by the Application as long as they comply with the technical prerequisites outlined in Article 4.3 above.

In general, the User agrees, in the context of using the Application and all its features (library, chatbot, etc.), not to engage in any acts, of any kind whatsoever, that would be contrary to the law, would infringe public order, or the rights of ARY or third parties.

In any case, the User undertakes to:


Use the Application and the Services fairly, in accordance with their purposes and in accordance with legal and regulatory provisions and current practices. In particular, it is expressly forbidden for Users to submit content that could constitute an offense under the “press” law, falling under the amended law of July 29, 1881 on freedom of the press via the Application’s Chat;

Not to enter without authorization, nor to attempt in any way to obtain or have access to any property or place in which 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, any technical intermediaries used in the context of the Services; consequently, 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 to divert or attempt to divert any of the Application’s functionalities from its normal use as defined in these General Conditions;

Not to download, send, distribute, or transmit any content that could constitute

ARTICLE 5: Registration

In order to access the Services offered on the Application, the User must first download it from the stores and accept the associated General Conditions.

The application can be used without an account.

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

6.1 Use of the Application and Digitization of Elements

The User is solely responsible for the choices related to the use and any settings of the Application’s functionalities as well as their suitability with their needs, so that ARY’s responsibility cannot be sought at any time in this regard.

It is strictly forbidden:

To integrate or share in the Application Elements incorporating personal data of third parties, without their express and prior consent;

To infringe via the Application on the privacy of third parties, including other Users;

To capture the image or voice of third parties without their express and prior consent, and to introduce or share this capture via the Application. It is reminded that, in principle, permission must be requested to use a person’s image (but also their voice and name) if that person is identifiable (by their features but also by the context, the setting, a tattoo, etc.). This authorization must be specific (duration, territory, modalities, etc.) to ensure that the person has given their consent to all uses that will be made of the image. It is reminded that infringement of the right to image may be subject to civil as well as criminal penalties. The victim of such infringement may claim damages, but may 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 French Penal Code).

Similarly, all Elements present in the Application (whether these Elements are provided by ARY or by the Client or whether they come from a User) must be used for purposes in accordance with current regulations and must not infringe upon the rights of others, good morals, or public order. As a reminder, the law punishes endangering minors (Articles 227-23 and 227-24 of the French Penal Code, for example, prohibit fixing, recording, broadcasting, or making available the image or representation of a minor with a pornographic character, and manufacturing, transporting, broadcasting, and trading in messages with violent, terrorist, pornographic, or nature likely to incite minors to engage in physically dangerous games, when these messages are likely to be seen or perceived by a minor).

In this context, contents or Elements deemed offensive or explicit (nudity, pornography, hate content, etc.) must be reported by any User to ARY, by any means, and may result in ARY closing the concerned Account, without compensation or notice. Furthermore, it is reminded that the use of the Services and the Application is strictly personal and cannot be rented, assigned free of charge or for consideration to a third party.

Finally, and as indicated above, in the event of the purchase of paid Services via the Application, the User must first accept separate terms and conditions of sale from these General Conditions of Use.

6.2 Sharing of Content or Elements generated via the Application on other platforms or social networks

The Application offers a native functionality to share Elements generated on other platforms or social networks as provided by the User’s device.

The sharing function is carried out under the full and entire responsibility of the User.

Similarly, this sharing must be done:

In accordance with the rights and obligations set forth in these General Conditions;

In accordance with the rules set forth in the general conditions, codes of conduct, or charters of the platforms and social networks concerned.

ARTICLE 7: Duration and Termination

These General 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 remains able to delete access to the Application at any time with a notice period of three (3) months, unless specific contrary conditions are subscribed with a Client.

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 the Services and is exempt from any obligation except those of public order imposed on it, which the User expressly acknowledges and accepts.


ARY does not control the content integrated into the Application by the User in the use of the Services, including the Elements digitized by the User in the Application. The content and Data transmitted as well as their effects and implications remain therefore under the sole 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, possible contamination by viruses, Trojans, or other systems causing security breaches on the Internet.

8.2 Exclusion of ARY’s Liability under Applicable Regulations

The User undertakes to comply with the regulations, including, but not limited to, tax, social, administrative, and civil regulations, which may apply to them as users of the Services.

ARY’s liability cannot be engaged 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, under no circumstances shall ARY or its directors, 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 the Elements), accessible or downloaded from the Application, even if ARY has knowledge or has been informed of the possibility of such damages.

Furthermore, ARY does not guarantee the User that:

The Services, subject to constant research to improve their performance and progress, will be entirely free from errors, defects, or faults;

The Services, being standard and not offered solely for the User’s own personal constraints, will specifically meet their needs and expectations.

ARY also declines any responsibility in the event of possible loss of information accessible on the Users’ Account, as they must ensure to back up 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 remains subject to specific operating rules described in separate terms and conditions of sale. The User therefore undertakes 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 any malfunctions present in the Application. Where possible, ARY will inform the User in advance of any interruption to the Application’s operation via the use of a popup (a small message displayed when opening the Application).

ARY is not bound by any guarantee regarding the availability, maintenance, or accessibility of the Application vis-à-vis the User. It is also not bound by any maintenance obligations vis-à-vis the User.

The User undertakes never to impede the maintenance operations of the Application and to follow any official recommendation from ARY contributing to the performance of these operations.

ARTICLE 10: Application User Support Service

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 present in the Application. The help section requires the use of a web browser. Using the chatbot allows the User to communicate with a virtual assistant if they have questions related to the Application.

In the event 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 any chatbot service possibly present in the Application. It is not bound by any guarantee of availability or quality of support vis-à-vis the User, except for specific conditions validated beforehand 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 contents only for the intended and authorized use herein.

These General Conditions do not entail any transfer of any kind of intellectual property rights to the elements belonging to ARY to the benefit of the User.

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 to them by the laws in force. This applies to the Elements provided natively by ARY for testing purposes of the Application.

The development of the Application and its codes are 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 authorization of ARY, is prohibited and would constitute, in particular but not exclusively, an infringement punishable under the provisions of the Intellectual Property Code.

As a result, the User refrains from any act or action that could directly or indirectly infringe on the intellectual property rights of ARY or a third party under the Services.

This article shall survive the termination hereof for whatever reason or motive.

ARY reserves the right to seek damages in the event of infringement of its intellectual property rights.

11.2 Intellectual Property Use Limitations

Without express, prior, and written agreement from ARY, the User shall refrain, directly or indirectly:

From independently or with the assistance of a third-party provider, making corrections to any errors present in the Services or on the Application to render them compliant with their intended use, with ARY reserving sole right to exercise this prerogative in accordance with Article L. 122-6-1-I of the Intellectual Property Code;

From making the Services or Application offered by ARY available to third parties;

From decompiling, disassembling the Application subject to the Services, engaging in reverse engineering, or attempting to discover or reconstruct the source code, underlying ideas, algorithms, file formats, or interfaces of the Application, except to the extent permitted by the rights granted under Article L. 122-6-1 of the Intellectual Property Code, in any manner whatsoever.

From using the Application to make it interoperable with third-party software or software developed by the User;

From integrating or associating the Application with other software or documents or creating composite or derivative works with the assistance of all or part of the Application and/or Services;

From using the Application under conditions other than those permitted under these General Conditions.

11.3 User Intellectual Property Rights and Indemnity

Upon inserting their own Data and content into the Application, the User remains the owner of the digitized content and Elements created from the Application. In other words, the User becomes the owner of the intellectual property rights over the Element elaborated with the Application, provided that the User effectively holds the intellectual property rights over 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 hereof, to use, copy, modify, create, publicly display, perform, sell, promote, and distribute said User content and Element to other Users. By accepting these General Conditions, the User allows ARY to freely avail itself of the aforementioned 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, for payment or free of charge, in all places by any means or process known or unknown to date;

The right to use User content for demonstration, promotion, and advertising purposes 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 all content or Element or holds all necessary rights to grant ARY the license rights to such content and Elements in accordance with these General Conditions. The User thereby guarantees ARY that they will not introduce into the Application and its Services any sequence, reproduction, or reminiscence likely to violate the rights of third parties. Furthermore, they guarantee that no dispute is pending or about to be initiated involving the intellectual property rights of third parties.

Furthermore, the User indemnifies ARY against any third-party claims and any judgments rendered against it resulting from non-compliance with this article.

ARTICLE 12: Protection of Personal Data

Each Party guarantees the other party compliance with the legal and regulatory obligations concerning the protection of personal data.

12.1 Regarding processing carried out by ARY

Connection and activity logs.

It is reminded that the Application does not collect sensitive Data. The Application only processes 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 and entire responsibility.

12.2 Regarding processing carried out by the User

In the context of using the Application and/or Services, the User may be required to implement processing of personal data, particularly 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 relating to the processing of personal data, particularly 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 always comply with the provisions of said Regulation.

This notably implies that, when using the Services and the Application, the User processes personal data in such a way as to guarantee their confidentiality, integrity, and availability. The User also undertakes to access nominative information and documents only if they are their own, expressly authorized, or of a public or shared nature within the Application.


ARTICLE 13: Nullity and Partial Invalidity

In the event that any clause of the General Conditions is declared null or without effect, particularly due to a change in legislation, regulation, or a court decision, the validity of these General Conditions shall not be affected, unless it is of a substantial nature.

The Parties will replace null provisions by amendment with new legally valid provisions that are as close as possible to the legal and economic sense and purpose envisaged.

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 deems appropriate.

ARTICLE 15: Applicable Law

These General Conditions and any associated Special Conditions are exclusively governed by French law. In the event of a 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 special conditions, the Parties shall 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 Paris, even in the case of third-party proceedings or multiple defendants, even for emergency or conservatory proceedings, in summary or by petition.