1. General Information, Contracting Parties, Scope Of Application

    1. iStaging is a leading innovative company specializing in augmented reality and virtual reality technologies. Headquartered in Taipei, Taiwan, the company's patented Immersive Reality® technology and mobile apps create an immersive tour and interior design experience like never before. iStaging is an award-winning company and one of the fastest-growing startups in Taiwan. iStaging provides the "iStaging WEBSITE & APP SERVICES" that offers users to subscribe iStaging's AR, VR and 3D content platform services and that charges users the monthly fee, licensing fee, or commissions (but not limited). The services of the iStaging WEBSITE & APP SERVICES are offered to the user by iStaging Corp., a Taiwan corporation, with a principal place of business at 11F, No.27, Siyuan Rd. Xinzhuang Dist., New Taipei City 242, Taiwan (R.O.C.) (hereinafter referred to as "iStaging").

    2. The use of the iStaging WEBSITE & APP SERVICES and thereby established business relation between iStaging and the user shall exclusively be governed by the following terms of use. By downloading the App and using its features, the user agrees to be bound by these terms of use, the code of conduct (see also below) and the privacy policy (see also below). These terms of use apply to all contents, features and other services that iStaging offers with the iStaging WEBSITE & APP SERVICES. For (all) other offers and especially for the services offered on iStaging.co their respective terms of use imposed by iStaging shall apply. Any deviating terms and conditions of the user shall not be acknowledged, unless iStaging explicitly agrees to their application in writing.

    3. The iStaging WEBSITE & APP SERVICES is offered in English. These terms of use were written in English, Chinese and French version. In case of any conflict among these versions, the English version shall apply primarily.

    4. These terms of use and the privacy policy (see also below) may be modified by iStaging, if it appears necessary and if it does not cause any prejudice to the customer contravening good faith. Such modification may occur in case of a change of the applicable law, amendment of superior case law or change of the trading circumstances. iStaging will notify the user about any modifications, its reasons and the extent of the changes in text format (e.g. via email). The modifications are considered accepted if the user does not disagree at least in text form. iStaging will give special notice on this effect in its notification note. The objection has to be received by iStaging within ten days after the user received the notification. If the user disagrees to the changes, the wish for modification is considered rejected. The contract will then resume without the suggested modifications, albeit both parties may terminate the contract with immediate effect.

  2. Definitions

    1. "iStaging" is the iStaging Corp., a Taiwan corporation, with a principal place of business at 11F, No.27, Siyuan Rd. Xinzhuang Dist., New Taipei City 242, Taiwan (R.O.C.) (hereinafter referred to as "iStaging").

    2. "iStaging WEBSITE & APP SERVICES" are the content platform services and software (Apps) that offer users to subscribe iStaging's AR, VR and 3D content platform services and that charges users the monthly fee, licensing fee, or commissions (but not limited). (The detail article of subscription fee shall be set separately depending on different countries and areas.)

    3. "Functions" are all non-binding, cost-free and without warranty for their absence of errors i.e. defects as to quality provided functions, such as the connecting of the "iStaging WEBSITE & APP SERVICES" with compatible terminal device which may control the "iStaging WEBSITE & APP SERVICES" , the access to services offered on iStaging.co, the synchronization of panoramas and their 360 degrees or VR display on compatible terminal devices.

    4. "User" are persons who have visited or installed the "iStaging WEBSITE & APP SERVICES" on their compatible terminal devices and who use the provided services.

    5. "Images" are all picture files that the user has created and imported by "iStaging WEBSITE & APP SERVICES".

    6. "Panoramas" are images that are edited by the services of "iStaging WEBSITE & APP SERVICES" and "stitched" together to an iStaging VR Maker panorama.

    7. "Services" are all non-binding online services and functions provided by iStaging on www.iStaging.com.

    8. "iStaging.com" is the web presence offered by iStaging through www.iStaging.com.

    9. "App Store of third parties" is the app store for the operating system of the compatible terminal devices that the "iStaging WEBSITE & APP SERVICES" may be downloaded from. For the use of each App Stores the respective terms of use of the operator of the App Store shall apply.

    10. "Compatible terminal devices" are smart phones, tablets, handset devices, digital cameras, photographic equipment and other computers running operating systems which the "iStaging WEBSITE & APP SERVICES" was developed for, from whose app stores the "iStaging WEBSITE & APP SERVICES" may be downloaded and on which the "iStaging WEBSITE & APP SERVICES" is executable. IStaging does not provide any guarantee that the "iStaging WEBSITE & APP SERVICES" runs on a certain terminal device.

  3. App Features, Object Of Agreement, Disclaimer Of Warranty

    1. iStaging offers the user features complementary to the iStaging compatible terminal devices without any engagement and any other costs, excluding subscription fee and rendering fee. These features include for example the connecting of the iStaging compatible terminal devices that may be controlled by iStaging WEBSITE & APP SERVICES, the access to services provided on iStaging.co, the synchronization of panoramas and their 360 degrees display on compatible terminal devices. For the use of all services provided on www.iStaging.com the terms of use of www.iStaging.com shall apply.

    2. This contract covers the license of the "iStaging WEBSITE & APP SERVICES" besides the assignment of all necessary rights of use in accordance with § 4. By the way of downloading the app from any app store of a third party insofar as it provides the "iStaging WEBSITE & APP SERVICES", iStaging provides a copy of the app in digital form available to the user.

    3. As long as using the "iStaging WEBSITE & APP SERVICES" the user is signed this contract, the user is not entitled to claim absence of errors and defects as to quality of the "iStaging WEBSITE & APP SERVICES" and its features. Any claims resulting from malicious nondisclosure of a defect in quality remain unaffected.

    4. Subject to the terms and conditions of this Agreement, iStaging grants to user a non-exclusive license to use, display, commercialize and incorporate the Deliverables in object form into the “iStaging VR Cam APP”. All user’s Deliverables which created by the “iStaging VR Cam APP” (LiveTours) can freely be used by iStaging in all marketing materials or showcased in iStaging’s website or social media, but not limited. iStaging shall have the right to display, and use the deliverables using user’s own trademarks, trade names, service marks and look and feel, but not limited.

  4. Granting Of Rights

    1. iStaging grants to the user the non-exclusive, non-transferable and non-sublicensable right of use of the "iStaging WEBSITE & APP SERVICES" according to the terms of the contract. The contractual usage includes solely the installing as well as the loading, display and running of the "iStaging WEBSITE & APP SERVICES" on the terminal device that the app was downloaded onto, limited in temporal perspective to the period of installation on the particular device.

    2. Beyond the legally permitted cases, the user is not entitled to duplicate, edit or decompile the "iStaging WEBSITE & APP SERVICES".

    3. If the user infringes the terms set out above or if he/she uses the "iStaging WEBSITE & APP SERVICES" beyond the granted rights of use, all rights of use granted in the context of this contract are immediately rendered ineffective and automatically revert to iStaging. In this case, the user has to refrain immediately and completely from using the software and he/she has to delete the "iStaging WEBSITE & APP SERVICES" immediately.

    4. Notwithstanding anything to the contrary, iStaging retains all title to and, except as expressly and unambiguously licensed herein, all rights and interest in (i) the Software, Images, Panoramas, all copies and derivative works thereof (whether by whomever produced), and (ii) all copyright rights, patent rights, trade secret rights, moral rights and all other intellectual property and proprietary rights (IPRs) anywhere in the world in the Software, services and deliverables.

    5. Users shall not decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, or underlying ideas or algorithms of the "iStaging Products".

    6. iStaging shall in no event be liable for any indirect, special, exemplary, incidental or consequential loss or damage or for any lost profits, lost savings or loss of revenues suffered by customers arising from or in any way connected with this agreement or use of iStaging products.

    7. The Software and service is only licensed to Licensee and is not sold.

    8. This Agreement shall be governed by and construed in accordance with the laws of R.O.C.(Taiwan).

  5. Liability

    1. Any claims for damages by the user are excluded unless in those cases where the user's claims for damages arise from injury to his/her life, body, health or a violation of material contractual obligations (cardinal obligations) and except liability for any other damage caused by willful or grossly negligent breach of duty by iStaging, its legal representatives or its vicarious agents. Material contractual obligations are obligations whose fulfilment is necessary for achieving the purpose of the contract.

    2. In the event of a breach of material contractual obligations through ordinary negligence, iStaging shall only be liable for any foreseeable damage typical for the contract, unless the damage claim is for injury to life, body or health.

    3. The restrictions set forth in subsections (1) and (2) above also apply in favor of iStaging's legal representatives and vicarious agents if damages are claimed directly from them.

    4. iStaging is a non-EU provider with no VAT registration. Therefore VAT is not applied to any purchases processed through our apps or websites. The service charge shall not include 5% VAT, shall not be refunded and to have been agreed by both parties. All subscription prices specified are exclusive of all foreign, federal, state and local import, excise, sales, GST, VAT.

    5. When users apply for level upgraded or downgraded in the current month, the billing rate adjustment will be valid from the next billing cycle. However, the “iStaging VR Cam APP” subscription will not be refunded during the complete subscription period.

    6. The provisions of the [Taiwanese Consumer Protection Act] remain unaffected.

  6. Privacy Policy

    1. iStaging collects, stores and processes all personal data collected in the context of orders of goods for the purpose of purchase processing, including any potential subsequent warranties, for iStaging's services, for the technical administration as well as for iStaging's own marketing purposes. As far as it is necessary for the purpose of processing the purchase or if the user has explicitly agreed to it, personal data will be shared or otherwise transferred to third parties. iStaging collects personal data of the user for surrendering the "iStaging WEBSITE & APP SERVICES" via the App Store of third parties and the use of the App's functions. For the offer on iStaging.co and especially all provided services on iStaging.co the valid privacy policy (see also below) shall apply.

  7. Sharing User’s Content and Information

    1. User shall know that when you own all of the content and information you post on “iStaging VR Cam APP”, and you can control how it is shared through your privacy and application settings. In addition, User should follow this protocol and rule as below :

    2. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with “iStaging VR Cam APP”(IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

    3. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

    4. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Policy and Platform Page.)

    5. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of “iStaging VR Cam APP”, to access and use that information, and to associate it with you (i.e., your name and personal information).

    6. We always appreciate your feedback or other suggestions about “iStaging VR Cam APP”, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

  8. Miscellaneous Clauses

    1. As far as the customer is a consumer with habitual residence or abode in one of the Member States of the European Union (EU) or in the European Economic Area (EEA) and for other customer, the contracts between iStaging and its customers are governed by the law of the Republic of China (R.O.C., Taiwan) to the exclusion of the United Nations Convention on Contracts for the international sale of goods. Regardless of that choice of law, consumers are always protected by the mandatory consumer protection law of the State the costumer has its habitual residence in at the time of the conclusion of the contract. As far as the customer is a consumer neither with habitual residence or abode in one of the Member States of the European Union (EU) nor in the European Economic Area (EEA), the law of the Republic of China and the Taiwanese Consumer Protection Act is applicable to the exclusion of the United Nations Convention on Contracts for the international sale of goods.

    2. Venue for all disputes arising from contractual relations between the customer and iStaging is IStaging's registered office, provided that the customer is a salesperson, a legal person under public law or a special fund under public law.

    3. If any provision of this contract is legally invalid the other provisions hereof shall remain binding. Any ineffective provisions are replaced by legal provisions, as far as existent.

  9. Code Of Conduct

    1. The following rules are mandatory and apply to the conduct of all users, to the content of all profiles, to all panoramas and videos as well as to all dealings with data that are accessible on iStaging.com

    2. All users shall maintain a respectful manner of expression and polite interaction. No one shall be negatively emphasized, defamed, harassed, insulted or ridiculed.

    3. Any contents that contravene applicable law are not permitted. iStaging reserves the right to bring legal action in the event of criminal activities

    4. Any racist, violent, politically extremist, sexist, discriminatory or otherwise offensive contents as well as contents that insult, frame, threaten or verbally diminish another person, ethnic groups or religious confessions are not permitted.

    5. Pictures and photos showing pornographic motifs and images of physical or sexual violence are not permitted. Likewise images of victims of violent acts, war and natural catastrophes, the usage of unconstitutional symbols as well as the illustration of motifs that glorify violence or acts of war are prohibited. Contents that contravene human dignity, in particular the illustration of humans who are or have been dying or suffering from serious physical or psychological illness are inadmissible, whereby an actual event is reported in absence of a legitimate interest for this particular form of illustration or reporting; any consent is irrelevant.

    6. Data must not be read, stored, edited, changed, forwarded or otherwise misused manually or automatically for the purpose of data acquisition without consent.

    7. It shall be prohibited to set up profiles and websites within the network that serve to read out, store, edit, change, forward or otherwise misuse information.

    8. It shall be prohibited to use or spread viruses, links, programs or other techniques that contravene iStaging's terms of use.

    9. There must not be any technical attacks in order to entirely or partly change, misuse, delete or otherwise damage data of individual users. Likewise, technical attacks of any kind on the servers and data bases of IStaging are prohibited.

    10. Any violation of the terms of use or the rules of this code of conduct result in a warning of the user, a temporary or permanent blocking or deletion of the user account. IStaging reserves the right to delete any account immediately and without any warning.