Terms and Conditions of Use for mirARcle

Last Updated: April 02, 2025

Welcome to mirARcle! We appreciate your interest in our Services and invite you to carefully read these Terms and Conditions ("Terms") before accessing or using the services provided by mirARcle AG ("mirARcle," "we," "us," or "our"). These Terms constitute a legally binding agreement between mirARcle and you, the User ("you" or "your"), and govern your access to and use of our website, applications, plugins, and other services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please refrain from using our Services.

1. Description of Services

mirARcle offers a personalized eCommerce visualization service that specializes in generating high-quality visual content. Our platform transforms traditional online experiences by seamlessly integrating augmented reality (AR) into any website. Our offerings include, but are not limited to, converting 2D images into dynamic 3D objects and creating immersive staging environments designed to enhance digital content and online shopping experiences. These innovative visualization solutions empower businesses and individuals to elevate their digital presence. You may begin using our Services immediately without registration, although certain advanced features may require you to register an account. We reserve the right to modify the scope of our Services, alter or discontinue features, and adjust pricing at our sole discretion, with reasonable notice provided to users.

Our 3D content creation services may involve capturing and processing images or videos provided by users. Any personal data included in such images, including identifiable features, will be processed in compliance with our Privacy Policy and applicable data protection laws, including the GDPR and nFADP.

2. Membership and Eligibility

To access or use our Services, you must be at least 13 years old. If you are under 18 years old (or the age of legal majority in your jurisdiction), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using our Services, you affirm that you meet these age requirements and are not barred from using the Services under applicable laws. You must have an internet connection and a compatible device to access our Services. By affirming your eligibility, you acknowledge that you have the capacity to form a binding contract with mirARcle and that you are not prohibited from using the Services under the laws of Switzerland, the European Union, or any other applicable jurisdiction.

For users under 16 years of age in the EU, consent from a parent or guardian is required to process personal data, in accordance with GDPR Article 8.

3. User Accounts, Subscription, and Billing

3.1 Account Creation and Security

Certain features of our Services may require the creation of an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify mirARcle immediately of any unauthorized use of your account or any breach of security. We reserve the right to suspend or terminate your account at any time if you violate these Terms, including but not limited to providing false information or engaging in prohibited activities.

During account creation, we collect personal data such as email addresses, IP addresses, and payment information. This data is processed in accordance with the GDPR and nFADP, with appropriate safeguards to ensure its security.

3.2 Subscription and Membership

Your mirARcle membership continues until terminated. To use the Services, you must have internet access, a compatible device, and a current, valid payment method ("Payment Method"). You authorize us to charge any Payment Method associated with your account if your primary method is declined or unavailable. You are responsible for any amounts that remain uncollected. If a payment is not successfully processed due to expiration, insufficient funds, or other reasons and you do not cancel your account, we may suspend your access until we can successfully process payment.

3.3 Billing and Cancellation

The subscription fee for the Services is charged to your Payment Method on the billing date indicated on your "Account" page. The billing cycle length depends on your chosen subscription plan. Your payment date may change if your Payment Method is updated or if your subscription starts on a non-standard day. To view your next payment date, please visit our website and click on the "Billing Details" link in your account settings. You may cancel your membership at any time, and you will continue to have access to the Services until the end of your current billing period. Payments are non-refundable, and we do not offer refunds or credits for partial subscription periods or unused content. Upon cancellation, your account will close automatically at the end of the current billing cycle.

3.4 Payment Methods

To use the Services, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account if your primary method fails. You remain responsible for any outstanding charges. Certain Payment Methods may incur additional fees (e.g., foreign transaction fees), and local taxes may vary. Please consult your Payment Method provider for details.

3.5 Updating Your Payment Methods

You may update your Payment Methods by accessing your "Account" page. We may also update your Payment Methods using information provided by our payment service providers. By updating, you authorize us to continue charging the applicable Payment Method(s).

3.6 Changes to the Price and Subscription Plans

We may revise our subscription plans and pricing from time to time. However, any changes will take effect no sooner than 30 days after notice is provided to you. If you do not agree to the revised terms, you may cancel your membership before the changes take effect.

3.7 Data Charges

Please note that using our Services may incur data charges from your internet, mobile, or satellite service provider. You are solely responsible for such charges, and mirARcle is not liable for any costs incurred due to your use of the Services.

4. Use of mirARcle Content

The Services and all content accessible via the Services are available for both personal and commercial use, subject to your subscription plan. For personal use, content is for individual, non-commercial purposes and may not be distributed beyond your household unless permitted by your plan. During your membership, we grant you a limited, non-exclusive, non-transferable license to access and view our content. No title, interest, or ownership is transferred to you except as expressly provided herein.

For enterprise or commercial plans, you are granted rights to use the content for commercial purposes in accordance with your subscription agreement. This includes integrating mirARcle content into your business operations and marketing materials. Please contact us for further details.

By submitting photos or videos for 3D content generation, you grant mirARcle a perpetual, non-exclusive, royalty-free, transferable license to use, modify, reproduce, and distribute such content for service improvement, marketing, and other lawful purposes. User-generated content will be retained for a specified period and deleted upon request or when no longer necessary.

5. Prohibited Conduct

You agree not to engage in any activity that violates these Terms or applicable laws. Prohibited conduct includes, but is not limited to:

  • Harassing, threatening, or stalking behavior.
  • Interfering with or disrupting the operation of the Services, servers, or networks.
  • Attempting unauthorized access to the Services or other users' accounts or systems.
  • Using automated means (such as robots, crawlers, or data mining tools) to access or collect data from the Services without our prior written consent.
  • Uploading content that infringes on intellectual property rights, is objectionable, or contains malicious software.
  • Uploading personal data of third parties without obtaining their explicit consent.

6. Monitoring and Enforcement

mirARcle reserves the right to monitor all user activities and content on the Services to ensure compliance with these Terms and applicable laws. We may remove or disable access to any content that violates these Terms and may suspend or terminate your account without prior notice. Our monitoring practices comply with applicable data protection laws, and any personal data accessed during such monitoring is handled with necessity, proportionality, and transparency.

7. Copyright Complaints

If you believe that any content on the Services infringes your copyright, you may notify our designated agent in accordance with the Digital Millennium Copyright Act (DMCA). Your notice must include:

  • A description of the copyrighted work.
  • Identification of the material that is claimed to be infringing and its location on the Services.
  • Your contact information.
  • A statement of your good faith belief that the use is unauthorized.
  • A statement under penalty of perjury that the information in your notice is accurate.
  • Your physical or electronic signature.

We reserve the right to disable or terminate accounts of users who repeatedly infringe copyrights or intellectual property rights.

8. Indemnification

You agree to indemnify, defend, and hold harmless mirARcle, its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Services, your breach of these Terms, or infringement of any third-party rights. This indemnification does not apply to claims solely resulting from mirARcle’s failure to comply with applicable data protection laws.

9. Privacy Policy

Your privacy is paramount. Please review our Privacy Policy to understand how we collect, use, and protect your personal data. By using the Services, you consent to the practices described in our Privacy Policy.

10. Data Protection (GDPR Compliance)

mirARcle AG, located at CompanyStreet 2, 6300 Zug, Switzerland, is the data controller for all personal data collected through the Services. We process your data in compliance with the GDPR and ensure that appropriate safeguards are in place for data transfers outside the European Economic Area (EEA). Your rights under the GDPR include the right to access, rectify, erase, restrict, and port your personal data. We are committed to transparency in our data processing and invite you to contact us with any inquiries regarding your personal data.

Any processing involving AI and automated decision-making related to the creation of 3D content will comply with GDPR Article 22. You have the right to request human intervention or object to such processing.

11. Compliance with EU AI Act

We are dedicated to ethical and legal use of artificial intelligence (AI). Our Services utilize AI to enhance user experience and service delivery. You have the right to receive explanations regarding significant decisions made by our AI systems. We maintain human oversight over AI processes and implement risk management measures to mitigate any adverse effects on safety, health, or fundamental rights.

12. Disclaimers

The Services are provided on an "as is" basis without warranties of any kind, whether express or implied. MirARcle disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free operation of the Services. You acknowledge that your use of the Services is at your own risk and that mirARcle shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Services.

13. Limitation of Liability

To the maximum extent permitted by law, mirARcle's total liability for any claims arising out of or in connection with these Terms or the Services shall be limited to the amount you have paid to mirARcle in the twelve months preceding the claim. In no event shall mirARcle be liable for any indirect, incidental, special, consequential, or punitive damages, regardless of the legal theory under which such damages are sought.

14. Links to Third-Party Websites

Our Services may contain links to third-party websites or services that are not controlled by mirARcle. We assume no responsibility for the content, privacy policies, or practices of these third parties. Your use of such websites or services is solely at your own risk, and we encourage you to review their terms and privacy policies.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to any conflict of law principles. Any disputes arising out of or relating to these Terms or the Services shall be resolved through good-faith negotiations. If negotiations fail, disputes shall be submitted to the exclusive jurisdiction of the courts located in Zurich, Switzerland. Notwithstanding the foregoing, nothing in these Terms shall prevent you from seeking statutory remedies available to consumers under applicable US laws.

16. Changes to These Terms

MirARcle reserves the right to modify these Terms at any time. We will notify you of any changes by updating the "Last Updated" date and, where appropriate, providing additional notice. Your continued use of the Services following any changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

17. Termination

You may terminate these Terms at any time by discontinuing use of the Services. MirARcle may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms. Upon termination, all rights and licenses granted under these Terms will immediately cease, and you must promptly stop using the Services. Provisions intended to survive termination shall remain in full force and effect.

18. Severability

If any provision of these Terms is determined to be unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed. The remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and mirARcle regarding your use of the Services and supersede all prior agreements, understandings, or representations, whether written or oral. No amendment or waiver of any provision of these Terms shall be effective unless in writing and signed by both parties.

20. No Waiver

Any failure by mirARcle to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision. Any waiver of any breach shall be effective only if in writing and signed by an authorized representative of mirARcle.

21. Assignment

You may not assign or transfer these Terms, in whole or in part, without the prior written consent of mirARcle. MirARcle may assign or transfer these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the respective successors and permitted assigns of the parties.

22. Force Majeure

MirARcle shall not be liable for any failure to perform its obligations under these Terms if such failure is due to causes beyond its reasonable control, including, without limitation, natural disasters, acts of God, war, terrorism, civil disturbances, or technical failures. In such cases, mirARcle will make reasonable efforts to resume performance as soon as possible.

23. Electronic Transactions

By using our Services, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. These electronic communications shall be deemed to have the same legal effect as paper documents, in accordance with the Uniform Electronic Transactions Act (UETA) and the ESIGN Act.

24. Contact Information

For any questions regarding these Terms or the Services, or to report any issues, please contact us at:

mirARcle AG
CompanyStreet 2
6300 Zug, Switzerland
Email: contact@mirarcle.com

We value your feedback and are committed to providing excellent customer service. Please do not hesitate to reach out to us with any questions or concerns.

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