Last modified date: August 11, 2024

1. Scope

These terms and conditions of use (hereinafter referred to as "TCU") are intended to provide the legal framework for the terms and conditions of availability of the application and services by Foxar and to define the conditions of access and use of the services by the "User."

These TCU are accessible on the application by following the "Terms and Conditions" link.

Any registration or use of the application implies the user's unreserved acceptance of these TCU. Upon first opening the application, each user expressly accepts these TCU by checking the box preceding the following text: "I have read and accept the terms and conditions."

In case of non-acceptance of the TCU stipulated in this agreement, the User must forgo access to the services offered by the application.

Foxar reserves the right to unilaterally modify the content of these TCU at any time.

2. Legal Notices

The application Foxar is published by Foxar SAS, a company with a capital of 50,000 euros, registered in France in the Dijon Trade and Companies Register under number 885007674, whose head office is located at 30 rue de Metz, 21000 Dijon (France).

Contact email address: contact@foxar.org

3. Access to Services

The Foxar application allows the User free access to the following services:

• Viewing 3D content,
• Viewing 3D content in augmented reality

The application is freely accessible from anywhere to any User with Internet access. All costs incurred by the User to access the service (computer equipment, software, Internet connection, etc.) are the User's responsibility.

The Foxar application contains reserved services:

• Viewing 3D content,
• Viewing 3D content in augmented reality

Non-member Users do not have access to reserved services. To do so, they must register by filling out the form. By agreeing to register for the reserved services, the registered User agrees to provide sincere and accurate information about their civil status and contact details, including their email address.

To access the services, the User must identify themselves using their username and password defined during registration.

Any regularly registered User may also request their unsubscription by visiting the dedicated page on their personal space. This will take effect within a reasonable time.

Any event due to force majeure resulting in a malfunction of the application or server and subject to any interruption or modification in the event of maintenance does not engage the responsibility of Foxar. In such cases, the User agrees not to hold the publisher responsible for any interruption or suspension of service, even without prior notice.

The User has the possibility to contact the application via email at the publisher's email address provided in ARTICLE 2.

4. Data Collection

The application ensures that the User's personal information is collected and processed with respect for privacy in accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data.

The User has the right to access, rectify, delete, and oppose their personal data. The User exercises this right:

• by email at contact@foxar.org
• by mail to 30 rue de Metz, 21000 Dijon;
• via a contact form;
• via their personal space;

5. Intellectual Property

Trademarks, logos, signs, and all content on the application (texts, images, sounds, etc.) are protected by the Intellectual Property Code, particularly by copyright.

The Foxar brand is a registered trademark of Foxar SAS. Any representation and/or reproduction and/or partial or total exploitation of this brand, of any nature whatsoever, is strictly prohibited.

The User must request prior authorization from Foxar for any reproduction, publication, or copying of the various content. The User agrees to use the application's content strictly for private purposes, and any commercial and advertising use is strictly prohibited.

Any total or partial representation of the application by any means whatsoever without the express authorization of the application operator would constitute an infringement sanctioned by Article L 335-2 and following of the Intellectual Property Code.

The User is not authorized to remove or modify FOXAR's copyright notices.

It is recalled in accordance with Article L122-5 of the Intellectual Property Code that the User who reproduces, copies, or publishes the protected content must cite the author and their source.

6. Liability

The sources of the information disseminated on the Foxar application are deemed reliable, but the application does not guarantee that it is free from defects, errors, or omissions.

The information communicated is presented for general and indicative purposes without contractual value.

Despite regular updates, the Foxar application cannot be held responsible for changes in administrative and legal provisions occurring after publication. Likewise, the application cannot be held responsible for the use and interpretation of the information contained in the application.

The User ensures to keep their password secret. Any disclosure of the password, regardless of its form, is prohibited. The User assumes the risks associated with using their username and password. The application declines all responsibility.

The Foxar application cannot be held responsible for any viruses that may infect the User's computer or any computer equipment following use, access, or downloading from the application.

The application's liability cannot be engaged in the event of force majeure or the unforeseeable and insurmountable act of a third party.

7. Warning - Special Precautions

The User must ensure or draw the attention of other users to the environment when using augmented reality content: this broadcast may encourage the User to move in space without being fully aware of their surroundings and may pose a danger depending on the layout of the premises and the presence of various objects.

8. External Links

External links may be present on the application. The User is informed that by clicking on these links, they will leave the Foxar application. Foxar has no control over the web pages resulting from these links and cannot, in any case, be held responsible for their content.

9. Cookies

Please refer to the "Privacy Statement" section of this document.

10. Applicable Law and Jurisdiction

French legislation applies to this contract. In the absence of an amicable resolution of a dispute arising between the parties, only the French courts shall have jurisdiction.

For any questions relating to the application of these TCU, you can contact the publisher at the contact details listed in ARTICLE 2.

General Terms and Conditions of Sale (TERMS) of Foxar

1. Preamble

Foxar (hereinafter referred to as "we") offers subscription services and one-off services in the field of model design. These General Terms and Conditions of Sale (TERMS) define the terms and conditions applicable to the subscription of our services. In particular, Foxar provides educational services and applications integrating 3D models and augmented reality features.

2. Scope of Application

These TERMS apply to any subscription or purchase of our services made by a client (hereinafter referred to as "you"). By using our services, you accept these TERMS without reservation. In the event of modifications, the applicable TERMS are those in effect on the date of the order.

3. Service Offerings

We offer the following services:

Subscriptions: Available for one month or one year, with payment via Stripe or the AppStore. One-off services: On-demand model design for one or more creations.

4. Subscription and Payment Terms

4.1 Subscription via Stripe

Subscriptions can be purchased directly on our website with secure payment via Stripe. You will receive a subscription confirmation email along with the corresponding invoice.

4.2 Subscription via the AppStore

Subscriptions made through the AppStore are subject to the AppStore’s terms and conditions regarding payment, billing, and automatic renewal.

4.3 One-off services

Payment for one-off services is made according to the terms agreed upon when placing the order.

5. Subscription Renewal and Cancellation

5.1 Automatic Renewal

Subscriptions are automatically renewed at the end of their term for an identical period, unless canceled beforehand. You can disable automatic renewal at any time through your account or directly via the AppStore if your subscription was purchased through this platform.

5.2 Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of the current subscription period. No refunds will be issued for a subscription period that has already started.

6. Delivery Timeframes and Conditions

6.1 Subscriptions

Digital services are accessible immediately after payment validation, unless otherwise stated. Foxar disclaims all liability for temporary unavailability due to technical issues.

6.2 Other Services

For one-off service orders, delivery timeframes and deliverables will be specified at the time of the order. Any order modification may result in adjustments to the delivery timeframes and pricing.

7. Pricing and Billing

The applicable prices are those in effect at the time of the order and are expressed in euros, inclusive of all taxes (VAT included). We reserve the right to modify our pricing at any time. For subscriptions, any changes will be notified before the next renewal.

8. Liability

We are committed to providing services in accordance with their description. However, we shall not be held liable in cases of inappropriate use of our services, force majeure, or any events beyond our control.

9. Intellectual Property

All content (texts, images, 3D models, code, etc.) distributed by Foxar is protected under current intellectual property laws. Any unauthorized reproduction or use is strictly prohibited.

10. Personal Data Protection

Your personal data is collected and processed in compliance with applicable regulations. For more details, please refer to our privacy policy available on our website.

11. Governing Law and Jurisdiction

These TERMS are governed by French law. In the event of a dispute, the parties agree to seek an amicable solution before initiating any legal proceedings. Failing that, the competent court will be that of the jurisdiction of our registered office.

12. Contact

For any questions or complaints, you can contact us:

• By email: contact@foxar.org
• By mail: Foxar, 30 rue de Metz, 21000 Dijon, France

Version effective as of December 19, 2024