Terms of Use

“Avatar Cloud”

These general Terms of Use (hereinafter “ToU”) apply to the use of our service “Avatar Cloud”. Avatar Cloud is an offer by NeXR Technologies SE, Charlottenstrasse 4, 10969 Berlin, Germany (hereinafter “NeXR” or “we”).

In addition to these Terms of Use, other terms and conditions may apply, including, without limitation, our Privacy Policy, and, where applicable, additional terms and conditions to the extent you have agreed to them or they have otherwise been validly incorporated into our agreement. All terms and conditions applicable between you and us are hereinafter referred to as the “Agreement.”

 

General

With our service we enable you to create, manage and use your personal 3D avatar to take advantage of our offers and those of third parties.

Users under the age of 16 require the consent of their legal guardians. We reserve the right to request documentation in this regard and to suspend the provision of our service until such consent is provided.

If you take advantage of third-party offers when using our service, the corresponding terms of use of these third parties apply. This particularly also applies  to conditions concerning the protection of personal data and the use of data in general.

We reserve the right to make further developments and adjustments to our service and our offers as well as to add or remove offers of third parties.

 

Changes to these Terms of Use

We reserve the right to make changes to our Agreement from time to time, for example, to adapt existing features, or to reflect scientific and technical progress, in particular to adequately ensure the functionality and security of our service, or as required due to developments of applicable law. We will notify you of such changes to the extent they may affect our contractual relationship and, if applicable, obtain your consent to changes.

We will communicate changes and obtain consents either through means of in-App communication or by email, or otherwise in a manner that allows you to reasonably take notice of changes and give or reject your consent.  In doing so, we will also inform you how you may reject the change and the consequences of your acceptance, rejection or consent to the change.

To the extent a change does not require your express consent, it will be deemed accepted if your rejection is not made within 30 days. This does not apply to changes that are likely to materially affect our contractual balance to your detriment. Such changes will not become effective without your express consent.

 

Contract & User Account

In order to use our service, you must download and install our Avatar Cloud app, i.e. our application for your mobile device, from the app store of your device manufacturer. Therefore, the terms of use of the app store operator apply in addition to our Agreement.

When you open our app for the first time, you will first be asked to confirm your acceptance of our  Terms of Use and that you have been made aware of our Privacy Policy. You can access the ToU as well as our Privacy Policy by clicking on the corresponding link. Both documents can also be accessed through the App at any time.

We may also ask for your revocable consent to share your data with one or more of our cooperation partners. The consent is voluntary but required if you want to use your avatar together with the services of each of the  cooperation partners. The consent can be revoked at any time in the settings of our app and is not a prerequisite for the use of our service.

The next step is setting up your user account. You can freely choose your username and password. You are also required to enter your email address, date of birth and gender. Your age and gender help us to create your avatar in an optimized way. You can read about how we use personal data within the scope of our services in our Privacy Policy. You are obliged to provide the data requested during the registration correctly and complete , and to keep your password secret. By clicking the displayed button, you are entering into a contract about the use of our service.

After the creation of the user account, we will send a confirmation code to the specified email address. By entering the code into the app, your registration is completed.

 

Creation and Use of Avatar

Scanning. To create your avatar, visit one of our scanners. You initiate the scanning process by pressing the “Scan” button in our app. Simply scan the QR code displayed on the scanner on site and then follow the displayed instructions. After the scanning process is completed, it takes about 15 to 20 minutes until your avatar is displayed in the app together with the measured body data.

Using the scanner contrary to the instructions is prohibited. In particular, do not touch or modify the cameras in the scanner.

Your Right to Use. We grant you the right to use your avatar for the term of our Agreement for the uses available through the app.

Body Analysis. If you use your avatar for fitness purposes, we provide you with a body analysis generated from the measured body data in the app. The analysis is generated automatically and is not suitable to replace medical assessments.

Sharing with Third Parties. We do not share your avatar data with third parties without your consent. To the extent that we offer the option to share your data through our app with third parties such as for example your gym, or to otherwise use your avatar in connection with third-party services, you will be asked for your consent beforehand. You can learn more about how we handle your data in our Privacy Policy. The use of third party services is governed by your contract with such third parties and their terms of use.

Business Model. We provide our service to the user free of charge. We fund our service through partnerships with our collaborative partners and, where applicable, through advertising and the creation of aggregated and anonymous analytics data. By using our service, you consent to the display of advertisements and the use of your data as set forth below. For more information about how we use data, please see our Privacy Policy.

Additional Services. We reserve the right to offer additional services for a fee. For these services, the prices and conditions stated before the order apply.

Payments to Third Parties. Please inquire at the location of the scanner as to whether our cooperation partners charge a fee for the use of the scanner. Such agreements are between the third party and you. We are not part of any such agreement.

Advertising and Analytics. We reserve the right to display advertisements in our app. This allows us to offer our service under the given conditions. Insofar as we are entitled to display personalized advertising to you, you will be given the opportunity to object at any time. We do not sell personal data to third parties. We only pass on data to third parties in aggregated and anonymized form. From such data, it is not possible to draw conclusions about individual users. Learn more about how we use data in our Privacy Policy.

 

Availability

Our service is available at least 99% of the time on an annual average. Excluded from this are periods of regular maintenance, insofar as the availability for maintenance must be temporarily limited, as well as periods in which our service is not available due to force majeure, external manipulation or other circumstances beyond our control or that of our vicarious agents. We are liable for the unavailability of the service only in cases of intent, gross negligence, or due to injury to life, body or health

 

Right of Withdrawal

You are entitled to a statutory right of withdrawal unless you have waived that right.

 

INSTRICTIONS ON THE RIGHT OF WITHDRAWAL

Right of Withdrawal

You are entitled to withdraw from this contract within a period of 14 days without giving any reasons. The 14-days’-period begins on the day when the contract is made.

To exercise this right of withdrawal you must unequivocally notify NeXR (NeXR Technologies SE, Charlottenstrasse 4, 10969 Berlin, Germany) of your will to withdraw /e.g. by using the contact form on our website, or by regular letter, telefax or email to support@avatar.cloud )

You may use the attached model withdrawal form, but it is not obligatory. You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website. If you make use of this option, we will immediately send you (e.g. by email) a confirmation of receipt of such revocation.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

Effects of the Withdrawal

If you withdraw from this contract, we will refund all payments including the regular delivery costs (but not any additional costs resulting from your choice of a non-standard cost delivery method other than the lowest-cost standard delivery offered by us), without undue delay and at least within 14 days from the day on which we received your notice of revocation of this contract.

Refunds will be processed using the payment which was used for the original transaction unless expressly agreed otherwise between you and us. We will not charge you any fees for the refund.

 

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return.)

Limitation of Liability

NeXR shall be liable without limitation under this Agreement for damages due to intentional or negligent injury to life, body or health as well as for other damages based on intent or gross negligence on the part of NeXR or its legal representatives or vicarious agents.

Insofar as the liability of NeXR is not unlimited as stipulated in the section above, in case of a breach of an essential contractual obligation which is based on simple negligence (German: einfache Fahrlässigkeit), the liability of NeXR for damages or reimbursement of expenses shall be limited to the typically foreseeable damage. “Essential contractual obligations”  are obligations the fulfillment of which is vital for the proper performance of the contract, and on the fulfillment of which you may regularly rely (cardinal obligations).

NeXR’s liability based on the applicable product liability laws remains unaffected.

Beyond the aforementioned cases, the liability of NeXR is excluded. In such cases, your sole and exclusive remedy for any problems or dissatisfaction with the NeXR services shall be the termination of your use of the NeXR services.

 

Customer Service

If you have any questions about your user account or our service, please contact us at support@avatar.cloud.  We will endeavor to answer your questions within a reasonable time. However, we cannot promise that all questions can be answered.

 

Termination and Deletion of User Account

Our service can be cancelled at any time.

You can cancel by deleting your user account in the app or by sending us an email to the following address: support@avatar.cloud.

We will then delete your user account. The associated data will be anonymized or deleted. Anonymized means that the data can no longer be traced back to you.

Please note that merely removing our app from your device does not delete your user account.

We terminate by simple declaration to the email address that you have provided as part of the registration.

 

Applicable Law

Unless otherwise required by the mandatory law of a member state of the European Union or another country, this Agreement shall be governed by German law, excluding its conflict of law rules. NeXR does not participate in dispute resolution proceedings before a consumer arbitration board for contracts to which these Terms of Use apply..

Version: 10.05.21